Immigration To The United States - Legal Perspectives

Legal Perspectives

University of North Carolina law professor Hiroshi Motomura has identified three approaches the United States has taken to the legal status of immigrants in his book Americans in Waiting: The Lost Story of Immigration and Citizenship in the United States. The first, dominant in the 19th century, treated immigrants as in transition; in other words, as prospective citizens. As soon as people declared their intention to become citizens, they received multiple low-cost benefits, including the eligibility for free homesteads in the Homestead Act of 1869, and in many states, the right to vote. The goal was to make the country more attractive, so large numbers of farmers and skilled craftsmen would settle new lands. By the 1880s, a second approach took over, treating newcomers as "immigrants by contract". An implicit deal existed where immigrants who were literate and could earn their own living were permitted in restricted numbers. Once in the United States, they would have limited legal rights, but were not allowed to vote until they became citizens, and would not be eligible for the New Deal government benefits available in the 1930s. The third and more recent policy is "immigration by affiliation", which Motomura argues is the treatment which depends on how deeply-rooted people have become in the country. An immigrant who applies for citizenship as soon as permitted, has a long history of working in the United States, and has significant family ties, is more deeply affiliated and can expect better treatment.

It has been suggested that the US should adopt policies similar to those in Canada and Australia and select for desired qualities such as education and work experience. Another suggestion is to reduce legal immigration because of being a relative, except for nuclear family members, since such immigrations of extended relatives, who in turn bring in their own extended relatives, may cause a perpetual cycle of "chain immigration".