Since the 1970’s, the distinction between criminal law and immigration law has become increasingly blurred. In many jurisdictions around the world, undocumented immigration was long considered a civil offence in which violation resulted in fines and deportation. Now, however, illegal crossings are often treated as criminal violations carrying overly punitive consequences such as incarceration in harsh detention centers. The ever-evolving assortment of laws and enforcement measures concerning immigration, as well as negative rhetoric in politics and media, has resulted in migrants being ascribed the stigma of ‘criminal’, ‘alien’ or ‘terrorist’. This paper will explore the criminalization of immigration phenomenon broadly by detailing the …show more content…
Essentially, our social reality is influenced by the state-constructed definition of what is ‘crime’ which often reflects the values of the upper class (Persak, 2016). For example, the trend seen in many cities in the United States of criminalizing homelessness through so called ‘get tough’ policies reflects the upper classes desire for public health and safety, protection of economic interests in business districts and the maintenance of city aesthetic. Although, these policies do not address the causes of homelessness rather they exacerbate the problem and violate the liberties and human rights of citizens (Foscarinis, Cunningham-Bowers & Brown, 1999). Criminalization is perhaps the most repressive and intrusive applications of state power on a citizen and is often implemented, as is the case with the homeless, to target the ‘less-desirable’ social groups (Persak, 2016). Moreover, while formal criminalization in the form of legislation and criminal consequences for infringement works as a social control, it is not the only form of criminalization that occurs. Informal criminalization may in some cases be a more effective form of social control and ultimately lead to formal criminalization of behavior or come as a result of formal legislation. As stated by Hauptman (2013), informal social control measures are any social influences on compliance not
Globally, the United States has been known as "a nation of immigrants" almost from its inception. Beginning in the 1600s with English Puritans and continuing today, America is a melting pot of culture and ethnicity. In fact, in the late 19th and early 20th centuries, immigration was the major source of U.S. population growth. Looking over our 200+ years we find that to clearly be true, with approximately 1 million immigrants coming to America during the 17th and 18th century. Almost 3 million arrived during the 1860s, and another 3 million in the 1870s. In the next four decades, the number of immigrants rose to over 25 million people, most from various European nations, most arriving in New York or one of the Eastern seaports (Damon, 1981). Despite the politicization, as of 2006, the United States actually was the number one country globally to accept legal immigrants into the country, with a current immigrant population of almost 40 million (Terrazas and Batalova, 2009). In fact, the peak of immigration was 1907, when over 1.2 million Europeans entered the country beginning a push towards legislation limiting immigration in the Immigration and Naturalization Act of 1924 and the 1921 Congressional Quota Act. These immigrants came for two sociological reasons: the push factor (wars, famine, persecution and overpopulation) and the pull factors (jobs and the promise of freedom). Most came by ship, and a passage often cost the equivalent of an entire life's savings causing many
Criminalisation, a process through which certain actions/behaviour becomes illegal, is a main component of the PIC (Gordon, 1999). Actions and behaviour only becomes ‘crime’ after it has been legally (or sometimes culturally) labelled (Gordon, 1999). This also occurs when the enforcers of the law target certain groups within society for power and control. An example of criminalisation of a specific group in society is the target of homeless people where the state attempts to control homeless people through making legal policies that stretch from sleeping in public spaces to making informal trading for some income on the streets illegal, giving them grounds to be punished and either fined or incarcerated (Fooks & Pantazis, 1999). Women who have substance abuse are criminalized through the new-implemented policies that could send them to jail or have a ban from being qualified for state benefits if doctors were to ever find evidence of drug use during their pregnancy
Immigration has been a hot button topic in the United States since as early as the 1800s. With the arrival of Europeans from nations such as Ireland or Poland, so also came many prejudices against these people. In the United States today a similar story unfolds down along the Southern border. People of Latino decent continue to cross the border into the US seeking a better life and the American dream. However not all of the individuals are joining the ranks of US citizens by legal means causing many social strains on the public image of immigration. Because of those that enter illegally, policymakers demonize all immigrants and enforce strict immigration and deportation laws. They cite immigration as the reason for crime rates and the dissolution of American values. This harsh rhetoric casts a negative image on all immigrants and is a bigger problem than immigration is.
Historically, the United States accepts more immigrants than all other industrialized nations combined. According to the article, Sill Missing: Undocumented Immigrants in Health Care Reform pointed out that in 2010, the president of the United Stated, Barack Obama, signed the Affordable Care Act (ACA) to reject undocumented immigrants from purchasing health insurance coverage through the health exchanges. Moreover, they would not benefit from Medicaid as well (Galarneau, 2011)
When immigration policy is discussed, typically, it is discussed within the confines of egalitarian notions and sentiments, and inside the boundaries and parameters set by generally Marxist-influenced social democracy. Characteristically, it is not discussed pertaining to the concept of a social order built on the rights of property owners, sharers, and contributors to and of the common stock- which at their discretion- may exclude bad apples, lazy contributors, rotten characters, trespassers, and terrorists. Once egalitarian sentiments and notions are rejected full-scale- (only giving credence to those that have empirical weight or logical consistency) more proper, more substantive interdisciplinary analyses may reveal that the current investigative techniques employed by current mainstream political theorists are- in the context of reality, incorrect, superficial and quite shallow.
Today like yesterday, the day before that, and a hundred years ago the United States continues to face many social issues.
Immigration is an issue that many people see as small and insignificant. Many believe that it doesn’t concern or affect them in any shape or form. Truth is, it doesn’t matter if you're African American, Caucasian, Asian, Mexican, or another race, immigration is an issue that affects everyone. Immigration affects the economy, the workforce, families, and the individual’s themselves whose main goal and dream is the “American Dream” that they come to the US looking for.
“More than any other nation on Earth, America has constantly drawn strength and spirit from wave after wave of immigrants. In each generation, they have proved to be the most restless, the most adventurous, the most innovative, the most industrious of people. Bearing different memories honoring different heritages, they have strengthened our economy, enriched our culture, renewed our promise of freedom and opportunity for all” (Clinton 146). Those are some wise words from a former president who explains the importance of immigrants and has the mentality of a person who has reason. For many, or everybody, walking through a hot, dry desert with no water or even through a cold, windy and rainy desert would not be an activity that they would like to engage. Even though this dangerous and severe weather goes on, several people still immigrate illegally because they want what is going to be best for them. Some make it all the way and unfortunately some we do not hear about ever again.
When it comes to Enrique and Lourdes I believe that they do defy the stereotypes. This book gave me the knowledge of what really goes on with illegal immigrants. The trouble they go through to get to America is unbelievable. Some even have to the repeat the trip multiple times. Enrique himself had to eight times. The worst is the beatings he went through most times. How can one endure something like that multiple times? The police were nothing, literally nothing. The law is meant to protect people not join in. The emotions come from Lourde and her story leaving your children behind is something I cannot imagine. After reading this I do not think anyone judge immigrants the same.
Immigration has been a major topic since the beginning of the United States of America. This phenomenon is what helped the establishment of this country; and even today it continues to have an impact in in most aspects of the lives of North American’s. The subject has also brought much criticism and created divided opinions about its immediate and long term impact. Migration itself it’s not a problem, but the modern dilemma of who is allowed to migrate and reside permanently in a country “legally.” It is interesting to explore this subject under three basic theories that Sociology deals with: symbolic interactionism, conflict theory and social functionalism. Each theory brings us closer to understand some of the reasons why “illegal immigration” is controversial today. The purpose of this paper is not to persuade but to explore and expose some ideas on a recurrent social issue.
Although the issue of immigration policy has been at the center of political debates, largely discussed in the media and newspapers, no one has yet found a solution to this ill-defined problem, that would comply with the America’s core values. While I think the immigration policy does need a reform, the solution to this problem certainly is not a deportation of all undocumented residents.
“Immigration make us stronger. It keeps us vibrant. It keeps us hungry. It keeps us prosperous. It is part of what makes this such a dynamic country”-Barack Obama. Throughout America’s history, immigrants have been a pivotal aspect on its economy and culture. America has always been a nation of immigrants, in fact during 1881 to 1920 nearly 23.5 million immigrants were welcomed by the American government with open arms. However, this phase ended when the U.S. government decided to put a limit on the number of immigrants accepted in the U.S. due to fear of communism. This country which was so often admired for its fairness and tolerance on immigration now has a broken immigration system which has become so cruel and unfair to businesses, workers, and families alike. President Obama strives to fix the United States’ many economic and social problems with his immigration reform. This plan, which promises temporary citizenship to qualifying immigrants, has put a strain in the relationship between the national and state governments. Texas’ current governor Greg Abbott is currently taking legal action against President Obama’s administration, he argues that President Obama’s immigration reform will hurt the economy. Greg Abbott is not only fighting Obama’s immigration reform but he is also making harmful decisions regarding the future of the Texas Dream Act. In order to understand the current immigration issues in the Unites States it is important to understand the recent changes
Every year, around one million people are immigrating into the United States both legally and illegally. As of now nearly 40 million immigrants live in the United States; 11.5 million of which came to the country illegally (CNN). That is nearly thirteen percent of the total United States population. The role the United States government plays in the handling of immigration from foreign countries both legal and illegal, plays a vital role in the security of the people of the United States and
Immigration is one hot topic in today’s conversation and society. Many think that immigrants coming to America are taking many jobs away from who need them. Some also think that there are jobs being taken away are not ones that Americans would not perform due to the horrible working conditions, low pay, and lack of important medical coverage. The immigration issue has come to a point where the United States must make a decision to spend a lot of money to curtail the amount of immigrants coming here.
This paper will examine the problem of Immigration and Immigration Law. I will first discuss what Immigration Law is and how it works, then I will define the number one problem of immigration laws, “illegal immigration” and why it’s so important to follow procedures. It will also address the consequences after violating the laws. Next the paper discusses three policy solutions to the problems of illegal immigration: Legalization of Immigrants, Strengthen Border Security, and Immigration Amnesty. The paper will first explain each policy solution. Then it will analyze the pros and cons, and potential strengths and weakness of each solution. Last this paper will offer some personal observations on the problem of immigration.