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Recent Anti-Immigrant State Laws Cross New Legal Boundaries

by Hyacinth

The Evolution of U.S. Immigration Patterns Over the Last Century.

Record High Immigration

The United States has long been a primary destination for immigrants. Since 1965, over 70 million people have moved to the U.S., as reported by Pew Research Center using Census Bureau data. Notably, about 18 million of these immigrants came from Mexico, marking the largest single-nation immigration wave to the U.S.

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By 2022, the U.S. had reached an all-time high with 46.1 million immigrants, making up 13.8% of the total population. This figure includes both legal and unauthorized immigrants.

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Diverse Origins of Immigrants

Today’s U.S. immigrant population comes from nearly every country. The largest groups are from Mexico (10.6 million) and India (2.8 million), a significant change from a century ago when Germany and Italy were the leading sources of immigrants.

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Variation Across States

Immigrant percentages vary widely across states. For instance, in West Virginia, immigrants make up only 2% of the population, while in California, they account for 27%. In 2022, Mexican immigrants were the largest group in 29 states, and Indian immigrants led in six states. This contrasts with 1920 when German, Italian, or Canadian immigrants were predominant in many states. Arizona, New Mexico, and Texas have consistently had Mexico as the largest source of immigrants, while Maine, Montana, and Vermont have always had Canada as the leading source.

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Factors Behind Changing Patterns

Several factors have influenced changes in U.S. immigration since 1965:

  1. Immigration Law Reforms: The 1965 Immigration and Nationality Act shifted the focus from Northern and Western European immigrants to those from Asia and Latin America.
  2. Unauthorized Immigration: Unauthorized immigration began rising in the 1970s. The 1986 Immigration Reform and Control Act provided legal status to many who arrived before 1982, but unauthorized immigration continued.
  3. Further Legal Changes: The 1990 revisions to the 1965 Act increased the number of legal immigrants and diversified their origins.

Historical Waves of Immigration

  • 1840-1889: Over 14 million immigrants arrived, mainly from Northern and Western Europe, with Germany, Ireland, and the UK contributing 70% of the total. By 1880, German immigrants were predominant in many states, while Chinese immigrants were the largest group in California and other western areas.
  • 1890-1919: This period saw over 18 million immigrants, with 60% coming from Eastern and Southern Europe, including Italy, Austria-Hungary, Russia, and Poland.
  • 1920-1964: Immigration numbers declined between the World Wars. By 1960, Germany, Italy, and Canada were the largest sources of immigrants.
  • 1965-2007: A new wave of immigration started in 1965, with Mexico being the largest source. Unauthorized immigration surged after 1990, growing from 3.5 million to 12.2 million by 2007.

Recent Trends

The 2008 Great Recession impacted immigration patterns, slowing Mexican immigration. While Mexico remained the largest source of U.S. immigrants, its share decreased from 29% in 2010 to 23% in 2022. In contrast, immigration from Asia grew significantly, surpassing Latin American arrivals during the 2010s.

The unauthorized immigrant population decreased from 12.2 million in 2007 to 10.2 million in 2019 but rose again to 11.0 million by 2022. Mexican immigrants remained the largest group in 29 states, while Indian immigrants led in six states. For the first time, Ethiopians, Guatemalans, and Hondurans were the largest immigrant groups in the District of Columbia, South Dakota, and Louisiana, respectively.

Challenges to Immigration Laws

New Anti-Immigrant Measures

Recent state bills have attempted to replicate or intensify previous unconstitutional anti-immigrant measures. These laws often face federal challenges for overstepping federal jurisdiction. For instance, Florida’s S.B. 1718, signed by Gov. Ron DeSantis in May 2023, criminalizes the transportation of individuals who entered the U.S. unlawfully. A federal judge recently blocked this provision, citing federal jurisdiction over immigration regulations.

Texas and Iowa have enacted laws that further challenge federal authority. Texas’ S.B. 4, signed in December 2023, grants state officials broad powers to arrest and prosecute individuals suspected of illegal entry or reentry. It also allows state courts to order removals and makes it a felony for noncitizens to refuse compliance. Iowa’s similar law follows suit. Both laws have been criticized for encroaching on federal immigration authority and could lead to unconstitutional practices.

Oklahoma’s Controversial Law

Oklahoma’s April 2024 law introduces a new criminal offense, labeling unauthorized entry and stay as an “occupation.” This term, associated with hostile foreign invasions, feeds dangerous narratives and could incite violence. While the law does not authorize removals or delays prosecutions, it perpetuates harmful rhetoric.

Conclusion

Recent state laws challenging federal immigration authority have been blocked by federal courts, consistent with legal precedents. The Supreme Court may eventually be asked to review these cases, but until then, states continue to introduce legislation that defies federal limits and creates confusion. Federal courts must remain vigilant in blocking such unconstitutional measures to ensure compliance with established immigration laws and protect communities.

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