The future of immigration policies in the United States amid the 2020 elections

Par Alejandra Bahena Iturralde

The United States (U.S.) history with immigration has two sides within the country’s social narrative. On the one hand, most U.S. citizens praise their immigrant past as they take pride in the fact that it is a land built by immigrants. On the other hand, it appears that to some, this optimistic view of immigration is not that common when it comes to non-European immigrants. Although the U.S. has been portrayed as the country of opportunities and a place where one can go from zero to having the life of their dreams, the immigration policy has been a sensitive issue in the country’s political life.

An antialien feeling has been proliferating in most regions of the world. This phenomenon is particularly notable in the U.S., where immigrants are perceived by specific segments of the population as a threat to the economy, their jobs, and the status quo. In this regard, it is not surprising that politicians and legislators are using these social concerns as a political banner. 

Immigration policies under Trump’s administration

In 2016, Donald J. Trump used the anti-immigrants’ discourse as his most salient political concern. One of Trump’s most controversial proposal back in the 2016 presidential election, was the construction of a wall between Mexico and the U.S. to prevent non-documented Latin American immigrants from entering the country. His narrative around the “dangers” brought by Mexican and Central American proved appealing to specific segment of the population that endorsed his campaign’s proposals.

Once in power, Donald Trump has implemented restrictions to immigrants coming not only from south of the border but also from Muslim countries. Since the beginning of his administration, Trump has signed over nine executive orders on immigration . Notably, in January 2017, he signed an executive order that banned foreign nationals from seven predominantly Muslim countries from visiting the country for 90 days; he suspended entry to the country of  Syrian refugees and prohibited refugees from coming into the country.

In 2017 only, 60,000 immigrants were expelled from the country, and, the following year, Trump launched a zero-tolerance immigration policy that involved the separation of immigrant children from their parents or guardians whom with they had entered the country. While most of these children remain in detention centers at the border, the parents’ location of 545 children remains unknown. It is believed though, that must of them have been deported to their origin countries.

The policies implemented by President’s Trump stand against the Universal Declaration of Human Rights as well as various human rights treaties. As a matter of fact, several allegations regarding human rights violations committed in detention centers such as families’ separation, having detainees living under inhuman conditions and possible forced sterilizations put the U.S. at the center of international legal concerns.

Moreover, the current anti-immigrant discourse coming from the White House has enhanced far-right movements within the country and xenophobic attacks have increased nationwide as a result. The approach taken by the President has been so severe, that some scholars have even called these policies a “war against non-American citizens.”  

Joe Biden’s vision on immigration policies

Candidate Joe Biden has centered his proposals around reversing Trump’s executive orders on immigration. For instance, he would stop the construction of the wall and halt the separation of families at the border. Biden is willing to expand the refugee’s permits from 18,000 to 125,000 per year and extend the protection of “Dreamers,” i.e. people who entered the country as children and were under the protection of the DACA (Deferred Action for Childhood Arrivals) program. 

Perhaps one of the most appealing proposals Biden has made is to deliver a comprehensive immigration reform, one that involves the inclusion of non-documented people into the system and that could prevent the promulgation of future discriminatory bans. Adopting a legislation of this kind would be an historical step as it has been discussed since 1986 but has failed to pass every time.

Notwithstanding, Biden has faced criticism due to the deportations of 3 million non-American citizens during the Obama administration, a rate even higher than the average deportations in Trump’s era. Biden has been questioned on the decision to support these actions when he was Vice-President; he recently recognized that this approach was a mistake and assured that he would advocate for the inclusion of minorities and the respect of non-documented individuals’ rights. Although the criticism around Biden’s past involvement in massive deportations, it will not be wrong to assume, that, if resulting President, he will distance himself from Trump’s harsh immigration policies. 

What is at stake?

For a country that hosts around 44 million of immigrants (foreign-born individuals) according to the 2018 census, it is understandable that immigration remains a sensitive affair when it comes to legislation. Even though statistics reveal that since 2010 there has been a steady decline in immigrants entering the country, President Trump has found on this matter the perfect excuse to blame non-American citizens in the country for social and economic concerns such as unemployment, insecurity and economic crisis. By doing so, the U.S. government has incurred into human rights violations and institutionalized racism.

The results of the election will mark a turning point in the future of immigration policies. Trump’s reelection would mean the continuation of restrictive measures on immigrants, refugees, and asylum seekers, while Biden’s victory would entail a reverse from these policies and perhaps a more comprehensive approach to the situation. 

Regardless of the results, immigrants have rights that must be protected and guaranteed despite their legal status. Under no circumstances should it be allowed to perpetuate family’s separations and the detention of children under questionable conditions, not in the U.S., nor in any other country. This election represents an opportunity for American citizens to stand for a human rights-based approach to immigration policies in the U.S., one that abides by international regulations.