How Trump Is Using History to Tighten Immigration

The United States' ongoing debates over border security, deportation policies, and pathways to citizenship are deeply rooted in a complex history of immigration law that has oscillated between welcoming newcomers and imposing restrictions.

Examining this historical context reveals a narrative shaped by evolving priorities, demographic shifts, and enduring tensions between economic needs, national security concerns, and deeply ingrained prejudices. The nation's first immigration law, the Naturalisation Act of 1790, restricted citizenship to "free white persons," establishing a precedent for racial exclusion that would persist for generations. While this act established federal authority over naturalisation, it also reflected the prevailing social hierarchies of the time. 

Further illustrating the precariousness of immigrant rights, the Alien and Sedition Acts of 1798 granted the executive branch broad powers to detain and deport individuals deemed a threat—powers that resonate in contemporary discussions about national security and immigration enforcement. The mid-19th century saw a surge in immigration fueled by the California Gold Rush and the promise of opportunity. However, the influx of Chinese labourers triggered economic anxieties and racist sentiment among white Americans. This culminated in the Chinese Exclusion Act of 1882, a landmark law that marked the first instance of the US explicitly barring a specific nationality from entering the country and attaining citizenship. 

This law, fueled by economic scapegoating and xenophobia, established a precedent for future discriminatory policies based on national origin. By the late 19th and early 20th centuries, federal involvement in immigration control increased. The Immigration Act of 1891 centralised the immigration process under federal authority, leading to the establishment of Ellis Island in 1892 as a major processing centre for millions of new arrivals. However, this increased oversight also facilitated the implementation of more restrictive policies, culminating in the Immigration Act of 1917.

Passed amidst the heightened anxieties of World War I, this law imposed literacy tests and barred immigrants from large parts of Asia, reflecting a growing desire to protect national identity and security through stricter border control. The 1920s witnessed a peak in nativism, with the Emergency Quota Act of 1921 and the Immigration Act of 1924 establishing quotas based on national origin, favouring immigrants from Western and Northern Europe. These laws aimed to maintain the existing ethnic composition of the United States, driven by eugenicist theories and fears of racial and cultural contamination. As Senator David Reed, a key proponent of the 1924 Act, stated, the intention was to create a "more homogeneous nation."

The Great Depression brought new challenges and scapegoating. Federal and local authorities rounded up and deported hundreds of thousands of Mexican immigrants and Mexican-Americans, blaming them for job losses and straining public resources. This period of mass expulsion, often achieved through coercive tactics, serves as a stark reminder of the vulnerability of immigrant communities during times of economic hardship. World War II marked another turning point. The repeal of the Chinese Exclusion Act in 1943, partly motivated by wartime alliance considerations, represented a significant step toward dismantling overtly discriminatory policies.

However, this progress was tragically overshadowed by the internment of Japanese-Americans, a blatant violation of civil liberties justified by wartime anxieties and racial prejudice. The Immigration and Nationality Act of 1952, while formally ending the exclusion of Asian immigrants and laying the groundwork for modern immigration law, retained discriminatory elements. The quota system, based on national origin and race, continued to favour European immigrants while imposing severe restrictions on those from Asia. The post-war period also saw a shift in the context of immigration, with the Cold War influencing debates over foreign policy and national security. 

Concerns about communist infiltration led some lawmakers to prioritise border control and vetting, while others argued for more liberal policies to avoid alienating foreign allies. A watershed moment came with the Immigration and Nationality Act of 1965, championed by President John F. Kennedy and signed into law by President Lyndon B. Johnson. This legislation abolished national origin quotas and prioritised family reunification and skilled workers. While intended to correct past injustices and create a more equitable system, the Act inadvertently led to unintended consequences. By placing a cap on immigration from the Western Hemisphere for the first time, it inadvertently fueled a surge in undocumented immigration, particularly from Mexico. 

Additionally, the exemption of immediate relatives from visa limits led to a significant increase in immigration from Latin America and Asia, shifting the demographic landscape of the United States in ways that many lawmakers did not anticipate. In subsequent decades, immigration policy continued to evolve in response to shifting economic conditions, geopolitical events, and domestic political pressures. The Refugee Act of 1980 standardised the process of admitting refugees into the United States, while the Immigration Reform and Control Act of 1986 sought to address undocumented immigration by imposing sanctions on employers who hired undocumented workers. The Immigration Act of 1990 aimed to attract skilled workers and diversify immigration flows, but it also set in motion a complex system of visa categories and quotas that continue to shape immigration patterns today.

The terrorist attacks of September 11, 2001, dramatically reshaped the immigration landscape, prioritising national security and border control. The creation of the Department of Homeland Security in 2002 consolidated immigration enforcement agencies under a single umbrella, reflecting a heightened focus on vetting and screening immigrants. The Secure Fence Act of 2006 authorised the construction of hundreds of miles of fencing along the US-Mexico border, signalling a further hardening of border security measures. In more recent years, the Deferred Action for Childhood Arrivals (DACA) program, introduced by President Barack Obama in 2012, provided temporary relief from deportation for undocumented immigrants brought to the United States as children. 

However, the program has remained politically contentious, facing legal challenges and sparking ongoing debates about the status of "Dreamers." The Trump administration pursued a series of policies aimed at curtailing immigration, including travel bans targeting predominantly Muslim countries, efforts to end DACA, a crackdown on sanctuary cities, and the construction of a border wall along the U.S.-Mexico border. These policies sparked widespread protests and legal challenges.