Pratique du shadowing : What was immigration like before ICE?
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- So I noticed something interesting on the history page of ICE's website.0:00
- Right here it says, despite US immigration and custom enforcement's relatively young age, its functional history predates the modern birth of the agency by more than 200 years.0:04
- That phrase functional history stuck out to me, so I decided to do some digging.0:15
- It's functional history.0:20
- They're arguing that there was a functional equivalent, right, to their agency.0:23
- Well...0:29
- Now, we know that ICE was created by the Homeland Security Act in 2003.0:30
- To defend the United States and protect our citizens against the dangers of a new era.0:35
- So what exactly do they mean by this?0:46
- I reached out to ICE directly, asking for their explanation of this functional history, but they never got back to me.0:48
- That narrative is kind of an effort to make the agency itself seem like it has this deep lineage that it simply does not.0:53
- Following breaking news in Minneapolis where city officials confirm a shooting occurred, reportedly involving a federal ICE agent.1:04
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- It is the second shooting of an American citizen by federal officers in that city in just three weeks.1:12
- Stop f***ing using us, dude!1:18
- So I decided to do a bit of my own research.1:20
- We're going to take a look at three distinct eras in American history, showing how immigration policy slowly transformed from labor management to law enforcement, culminating in the creation of1:22
- ICE.1:33
- So on the same page of their site, ICE refers to the remarkable development of the country throughout the 19th and 20th centuries, including the essential role of immigration and1:39
- the evolving laws and regulations.1:49
- Now, in terms of how the US treated immigration enforcement, the 19th and 20th centuries are actually really different from each other.1:51
- One of the remarkable things is that the Constitution is actually silent on immigration.1:58
- So for the first century of the Republic, Congress plays virtually no role in regulating the arrival, admission, exclusion, or deportation of foreigners.2:04
- With one notable exception, the Alien and Sedition Acts, which authorize the president to deport non -citizens and allowed their arrest and imprisonment during wartime.2:15
- There is a panic in the United States over the potential radical ideas that certain immigrants are bringing to the United States, specifically after the French Revolution.2:24
- But real immigration restrictions wouldn't happen for almost another hundred years.2:35
- And that's because until the Civil War resolved the issue of slavery in the US, regulating immigration at the federal level was incredibly difficult.2:40
- The problem throughout the antebellum period is if Congress had muscled in and said we're going to control the arrival of the Irish poor into Boston or New York, exactly2:47
- the same authority could have been used to regulate the arrival of free black people in South Carolina when you have slavery in the picture.3:00
- It takes a civil war to resolve that conflict between the national and the local level.3:07
- So then in 1882, after the Civil War, Congress passed two foundational laws, restricting immigration in the US.3:13
- The Immigration Act allowed the exclusion of certain vulnerable minorities, such as people carrying contagious diseases.3:20
- The same year in 1882, Congress passes another law, and that's the Chinese Exclusion Act.3:26
- This law discriminates against Chinese people on grounds of race.3:33
- It also discriminates on grounds of class, because it's targeting not all Chinese people, but Chinese laborers in particular.3:38
- Now, since immigration isn't in the Constitution, this law was put to the courts.3:46
- And the Supreme Court made a decision that would have ripple effects all the way to the modern day.3:50
- In effect, what the court rules is that power over national borders is so fundamental to the definition of any nation that it's extra constitutional.3:54
- It's a matter of national security and geopolitics.4:07
- This pivotal moment is when the US declares it has the right to turn immigrants away based solely on race or ethnicity.4:10
- And in 1891, the first federal immigration agency was established to enforce these laws, the office of the superintendent of immigration, and it had a staff of four people.4:16
- The immigrants of old turn their eyes toward America's gateway, Ellis Island.4:26
- It's really hard to overstate just how central Ellis Island was to immigration at this time.4:31
- About two years after the formation of the first agency, the staff had grown to 180 people, and 119 of them were employed at Ellis Island.4:36
- And that's because from 1892 to 1924, 20 million immigrants arrived in the US, and 12 million of them came through Ellis Island, and almost none of them were turned4:45
- away.4:54
- In that 40 -year period between the 1880s and the 1920s, we would estimate that somewhere between only one and two percent of all European immigrants coming to the United4:55
- States were excluded on arrival.5:05
- In an era without passports, without visas, without the administrative capacity to really enforce the law beyond a certain point, the expectation, as long as you weren't Chinese, coming to5:08
- the United States is that you would get in.5:21
- And that was only a hundred years ago.5:23
- And the greatest war the world had known exploded in Europe.5:26
- After World War I, the United States shifted from welcoming immigrants to restricting them.5:30
- Many Americans feared a wave of displaced European refugees, and rising xenophobia intensified concerns that these immigrants would threaten national security and the so -called American way of life.5:35
- These fears culminated in the Immigration Act of 1924.5:46
- Until 1924, American borders were normatively open, and after that they became normatively closed.5:49
- You get large -scale numerical restriction.5:57
- And this is the start of the third distinct era of U .S.6:02
- immigration.6:04
- The Immigration Act of 1924 set strict limits on how many immigrants could enter the U .S.6:05
- from each country.6:10
- U .S.6:11
- immigration is restricted by law to a selective annual quota from each foreign country.6:12
- The quotas were based on the 1890 U .S.6:17
- census, and the goal was to preserve the proportions of each nationality from over 30 years prior, which largely restricted immigrants from eastern and southern Europe.6:19
- And immigrants were excluded from not only China, but all of Asia, as well as Africa.6:28
- Upon signing the law, President Calvin Coolidge said, America must be kept American.6:33
- So that to me is the turning point, because we totally take it for granted that there is a cap on immigration today.6:38
- And just by accepting that, right, we are accepting the logic of the restrictionist.6:44
- So in 1933, immigration enforcement was merged with naturalization, and became the Immigration and Naturalization Services, or the INS.6:50
- They would remain the immigration agency until 2003.6:58
- And then in 1940, President Franklin D.7:01
- Roosevelt moved the INS from the Department of Labor to the Department of Justice.7:03
- And that's a change that will come to redefine immigration in the U .S.7:07
- He does that pretty explicitly with the understanding that things are getting dicey in Europe.7:10
- The harvest days of 1939 brought a turn of world events whose effect on U .S.7:17
- economy no man can yet predict.7:22
- The threat of World War II added to the growing notion of immigration as a national security issue.7:24
- Immigration was no longer just about managing a workforce.7:30
- FDR wrote in his reorganization plan, I am convinced that under existing conditions, the immigration and naturalization activities can best contribute to the national well -being only if they are7:33
- closely integrated with the activities of the Department of Justice.7:44
- The INS was now tasked with fingerprinting every immigrant in the U .S., and organizing internment camps and detention centers for people they considered to be enemy aliens.7:47
- So that is people who do not have citizenship, people whose political backgrounds has put them on the United States' radar.7:57
- During World War II, the INS detained almost 32 ,000 German, Italian, and Japanese non -U .S.8:04
- citizens, who were also denied lawyers.8:10
- In total, the INS operated as many as 65 incarceration camps in this period.8:12
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- Now, back to the video.8:51
- Now there's one region we haven't really discussed so far that's central to this era of change in American immigration.8:52
- Latin America.8:58
- It's important to note that the quota system implemented in the 20s never affected Latin America.8:59
- Agricultural businesses in the Southwest don't want any restriction on the labor supply.9:04
- Latin America is exempted from these laws.9:10
- That sentiment continued through to World War II when there was a massive labor shortage in the U .S.9:14
- The 1942 Bracero program allowed millions of Mexican men to enter the U .S.9:19
- and work legally on short -term labor contracts.9:23
- Braceros.9:26
- In Spanish, this means a man who works with his arms and hands.9:27
- The program, a partnership with the Mexican government, guaranteed fair wages for the workers.9:30
- But many employers, especially in Texas, wanted even cheaper labor.9:36
- So while millions of Mexicans entered the country through legal means in the 40s and 50s, hundreds of thousands of undocumented workers also crossed the border illegally and found work.9:40
- And so it's in this time that the immigration debate in the U .S.9:50
- really focuses on the Southern border.9:53
- And in 1954, President Dwight D.9:55
- Eisenhower implemented Operation WETVAC, named after a pejorative slur from Mexican immigrants.9:57
- The operation used military tactics to pursue its goals, led by INS head and U .S.10:03
- Army Lieutenant General Joseph Swing.10:07
- The American border patrol struggles against a tense explosive international problem.10:10
- Along the sprawling California -Mexico border, thousands of Mexican wetbacks or illegal entrants are sneaking into the United States.10:15
- The result was one of the largest deportation efforts in U .S.10:23
- history.10:26
- The INS completed sweeps of factories and farms, shipping undocumented immigrants back to Mexico in boats, buses, and planes.10:26
- The U .S.10:34
- later claimed that 1 .3 million people were deported.10:34
- So as we get into the 60s and 70s, the immigration service is in kind of a tricky spot.10:38
- At the height of the civil rights movement in the U .S., President Lyndon B.10:44
- Johnson signed the 1965 Immigration and Nationality Act.10:47
- The consequential law prioritized family reunification and skills, and repealed the long -standing policy of restricting immigration based on race and ethnicity.10:52
- It was also around this time that Americans started focusing more on undocumented immigrants on the interior of the U .S.11:00
- The agency is also moving away from just policing the border.11:06
- There is very much a sort of growing consensus and understanding that undocumented people are living in American communities throughout the U .S.11:10
- The INS is really stretched thin.11:18
- They are trying to do interior enforcement or internal operations.11:20
- Not just work that is near the border.11:25
- The INS's budget in 1975 is $181 million.11:28
- By the time the agency ends in 2003, the budget has eclipsed $6 billion.11:34
- And the INS grew this budget by doubling down on immigration as a national security and criminal justice issue.11:40
- This is an era where there is massive funding and bipartisan support for things like the war on crime, the war on drugs.11:46
- And so the INS began to explicitly rebrand.11:54
- They don't want to be known for naturalization.11:57
- They don't want to be known for working through asylum hearings.12:00
- What they want to be known for is law enforcement.12:03
- In a statement by the Attorney General under President Ronald Reagan in 1986, he refers to the INS as the criminal justice agency charged with the important responsibility for oversight12:07
- and control of aliens attempting to enter or reside within our borders.12:18
- Criminal Justice Agency.12:22
- Then in 2001, 19 al -Qaeda terrorists, all non -U .S.12:25
- citizens, used America's temporary immigration system to attack the U .S.12:29
- And immigration became solidified as a matter of national security.12:34
- The Department of Homeland Security was created, merging 22 existing agencies and sub -agencies.12:38
- Under the new DHS, INS and Customs Enforcement were consolidated into ICE.12:44
- This is explicitly a law enforcement body.12:49
- And this is a transition that the agency had desired, I think, for decades preceding.12:53
- So this brings us back to ICE's original claim that their functional history dates back over 200 years prior to the agency's creation in 2003.12:58
- I think it's interesting.13:07
- Like, the work that line is doing, right?13:08
- The work that line is doing is to try to push back to people who say, this is only a 20 -something -year -old agency, right?13:10
- They want to suggest that it's foundational to the United States, that it is not alarming, that we've had an agency like this.13:16
- And in some ways, we've had agency that takes on some of these responsibilities.13:24
- But immigration being an arm of law enforcement is a much more recent phenomena.13:33
- And when people think of ICE today, that's what they think of.13:37
- This is a way, kind of, of legitimizing ICE, that somehow we've always had ICE.13:40
- We have had deportation campaigns.13:45
- We have had, throughout American history, anti -immigrant sentiment and legislation and deportations.13:48
- But we always haven't had masked ICE agents going into the interior of the United States with guns and breaking down doors, sending immigrants who are captured to third countries.13:56
- I think it's gradual.14:09
- I think the story of immigration law is really a story about sort of compounding restrictions on who can come.14:11
- American immigration has long been deeply tied to race and origin, whether that was Chinese laborers or World War II alien enemies.14:20
- Today, with a much more powerful agency like ICE, Latino communities have been challenged with the most punitive impacts.14:27
- We're going to have to have a deportation level that we haven't seen in this country for a long time, since white ICE and our action.14:34
- To that extent, there probably will be some, I mean, ICE -like, it may not be called ICE, there will be some kind of institutions that are programs to curtail14:42
- some immigration.14:56
- The question is, will we see this kind of enforcement in the interior, this kind of illegal enforcement without judicial warrants going into people's houses and arresting them?14:57
- The United States is, and always will be, a nation of immigrants.15:09
- And with that, attention over immigration is partially fundamental to this country's DNA.15:13
- ICE is the culmination of centuries of shifting immigration rhetoric and enforcement.15:18
- But at the same time, it's so important to remember that immigration enforcement is not written into the Constitution.15:22
- Of course, as a historian, I will find certain precedents.15:29
- And then one could conclude from that one of two things.15:32
- One is, oh my god, it's always been terrible.15:36
- Or you could say, well, all of these things have been fought, many of these things have been fought over before.15:39
- The rights that were won for Americans in the past are vulnerable.15:45
- They have to, we have to fight to retain them.15:51
- Thanks for watching.15:56
- And thanks again to our Vox members.15:58
- We were able to make this video because of their support.16:00
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- Head there now to watch a video from reporter Christian Paz on how social media algorithms are shaping coverage of ICE.16:07
- A video with senior correspondent Constance Grady that digs into ICE's recruitment ads and a recent episode of The Docket where we break down Trump's war on birthright citizenship.16:13
- So join us on Patreon to get access to more stories like this, stay connected to our reporting, and help fund ambitious journalism.16:22
- Thanks.16:29
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