Immigration is one of the most controversial political issues that the United States of America faces. Various administrations have addressed it in various ways, implementing various mitigation measures and policies. However, immigration has remained a contentious issue that has caused heated debates among politicians and the public. The Trump administration has been very aggressive in the enactment of policies to curb illegal immigration, especially from Mexico. In 2018, the government implemented policies that restricted access to asylum and barred family-based and employment-based immigration. These policies have elicited discussions that opposed and supported the move. President Trump is particularly keen on stopping illegal immigration from Mexico on its southern border. Measures to achieve the goal include the construction of a wall along the US-Mexico border, the enactment of the “Remain in Mexico” (MPP) program, and the asylum ban.
Background Information
History
Mexican immigration can be traced back to 1848 after the end of the US-Mexican War and the discovery of gold at John Sutter’s mill in northern California. Mexican men moved to California and increased the population by 6,500 people. Government statistics from 1850 reveal that the population approximately doubled in two years. Since then, the number of Mexicans in the US has increased rapidly, raising concerns because a large percentage is undocumented. Initially, the immigrants worked odd jobs in agriculture, manufacturing, ranching, construction, and mining. However, as farms mechanized their operations, they moved into cities and started working in the service industry. The ban was primarily targeting immigrants who enter the US through the Mexican border.
Affected Groups
The asylum ban affects all refugees from countries that include Mexico, Iran, Eritrea, Zimbabwe, Pakistan, Egypt, Chad, Guatemala, Cuba, and Honduras among others. Currently, immigrants comprise approximately 14% of the US population (Wadhia, 2019). For many years, inclusive immigration reform has been a controversial issue. The power to enact mitigation policies has been transferred to the executive and judicial branches of government, thus derailing the process. Mexican immigration is currently an issue that elicits intense debates because the number of immigrants has been on the rise. Since the 1980’s, wages have declined steadily due to globalization, the relocation of jobs to developing countries, and the availability of cheap labor from immigrants (Wadhia, 2019). Many Americans cite immigrants for their economic woes, especially with regard to unemployment. Mexicans make up the largest population of immigrants in the US. For example, in 2016, of the 43.7 million foreign residents, 11.6 million were Mexican. It is unethical for the Trump administration to reject people who request safe haven in the US.
Interested Parties
The asylum ban is a restrictive immigration policy aimed at mitigating the influx of immigrants into the US. It eradicates asylum relief for the many refugees waiting at the US-Mexico border seeking to enter the country (Wadhia, 2019). Moreover, it stops anyone from seeking asylum in the US if they had an opportunity of seeking it in another country as a first option (Carasik, 2019). Interested parties include the US government, immigration advocates, international humanitarian organizations such as the United Nations High Commissioner for Refugees (UNHCR), and the public. Immigration advocates are addressing the matter by pursuing legal means in order to revoke the President’s decision.
Opinions Surrounding the Ban
A 2019 survey conducted by Gallup regarding immigration revealed that 76 percent of Americans support it. They believe that it is beneficial to America and registration of undocumented immigrants should be considered. The public and the government have different opinions regarding the ban. According to the trump administration, the ban will mitigate the influx of immigrants from the southwestern border, maintain the integrity of its borders, and protect Americans from unemployment and dwindling wages (Carasik, 2019). This sentiment was supported by the Supreme Court that ruled that President Trump could bar asylum seekers who had not been denied asylum in countries they travelled through to reach the US. However, a few months later, the United States Court of Appeals for the Ninth circuit in San Francisco struck down the policy by terming it as unlawful.
Politically, Democrats opposed the ban, claiming that it was going to hurt the US and its foreign policy, considering that it was in disregard of international law (Carasik, 2019). Several politicians have called for the repealing of the policies that have been described as unlawful and harsh. The public, like politicians, is divided on the issue. Some are supporting the bans while others are opposing them and describing them as un-American. For instance, American Jews and Muslims support the welcoming of asylum seekers and refugees in the US. Several civil rights groups have also opposed the ban and called for its reversal because the US and international laws allow anyone to seek asylum, whether a legal or an illegal immigrant.
Evidence Presented
The Trump administration has stated that the ban is aimed at addressing the challenge of “mass migration” through the US-Mexico border. The president argued that migration through the southern border was undermining the integrity of its borders and creating a crisis that was detrimental to the prosperity of the US (Wadhia, 2019). He argued that many refugees had no basis for entry into the US. The government has maintained that it is important to maintain the legitimacy and effectiveness of the asylum system in order to protect the interests of Americans. Proponents of the ban also argue that mass migration into the US has increased the art of unemployment among Americas because immigrants offer cheap labor. Therefore, in order to restore jobs to Americans, it is important to restrict immigration. Trump also cites certain countries as hotbeds of terrorism. Therefore, restricting immigration is one of the ways of dealing with terrorism.
On the contrary, opponents of the ban, including Democrats and immigration advocates have argued that it contravenes international and US laws, especially the Fifth Amendment’s due process clause. They have argued that the violation of the United States Constitution is unethical and illegal. Others contend that immigration boosts economic growth, fuels entrepreneurship, enhances cultural diversity, and promotes the flexibility of the labor market. In that regard, enacting any legislation that bars the entry of immigrants into the US hurts the country in various ways (Wadhia, 2019). According to the US law, an individual within the US whose entry is legal or illegal, can seek asylum. Therefore, ordering a ban contravenes the US Constitution. Immigration advocates have criticized the move
Solutions
Since the Trump administration announced the asylum ban in 2018, several measures have been taken to stop its implementation. For instance, the No Ban Act was proposed by Democrats in Congress to stop the immigration ban (Narea, 2020). The aim of the legislation is to offer relief to Muslims, refugees, and asylum seekers (Narea, 2020). These groups have been targeted by the Trump government. The bill aims to repeal all bans on immigration that have been authorized through executive orders. House Democrats passed the bill and it is scheduled for discussion in the Senate.
Another group that is fighting the asylum ban is comprised of immigration lawyers. Currently, there is an ongoing case against the Trump administration for declining to offer asylum to refugees at points of entry. According to the group, the policy is a violation of immigration laws that allow the US to offer asylum to both legal and illegal immigrants. In addition, it contravenes the Fifth Amendment’s clause on due process that guarantees fairness to people undergoing any form of deprivation, especially regarding their life, property, or liberty.
Conclusion
Immigration is a controversial issue in America that has been addressed for many decades. Different presidents have approached the issue in varied ways. President Trump has adopted a harsher approach that other presidents by enacting policies that restrict immigration. The asylum ban has become controversial because it contravenes US and international laws. It has affected refugees and asylum seekers from different countries across the world. Immigration reform is important in America because of the rising number of illegal immigrants. However, welcoming refugees and asylum seekers is important as it offers relief to the suffering they face through wars and others crimes. Democrats and immigration have tried to repeal the ban by proposing a bill and suing the Trump Administration. The future of America regarding immigration rests upon the successful implementation of policies that respect the constitution and international laws.
Reference
Carasik, L (2019). Trump’s asylum ban will worsen a crisis the US helped create. Aljazeera. Web.
Narea, N. (2020). House Democrats just passed a bill to repeal Trump’s travel bans. Vox. Web.
Wadhia, S. S. (2019). Banned: Immigration in the time of Trump. New York University Press.