How is immigration impacting the election? Immigration is a contentious political issue. Read our analysis of the impact it will have today.

The United States has a rich history of immigration – and a rich history of controversy on the subject. Undocumented immigration has become a big concern for Americans and a contentious election issue.

To explore how immigration is impacting the election in 2024, we need to put the issue in context. Let’s look at how immigration policies and public opinion have changed over the years.

Historical Context of Immigration Policy

The history of the United States began with immigration, as settlers from European countries left their homes for the “new world.” Once the United States of America became its own country, it had open borders and little in the way of immigration policy. Immigrants were broadly welcomed at first, though citizenship was heavily restricted. When a large wave of Irish and German migrants arrived in the mid-1800s, public opinion turned against them.

The country began restricting its borders in 1875, banning immigration for criminals and later other groups. The Chinese Exclusion Act of 1882 banned immigrants from China after resentment grew toward Chinese laborers. The Immigration Act of 1917 set a literacy requirement for immigrants and banned any from most Asian countries.

Many of these restrictions ended in the mid-20th century, but broader limits on legal immigration replaced them. Illegal immigration began to grow. Workers from Mexico, at first arriving legally to ease a labor shortage in the U.S., began to cross the border illegally for economic opportunity. In 1980, more than 100,000 migrants fleeing Cuba came to Florida’s shores by boat to ask for asylum. Some people who arrived legally, however, overstayed their visas.

The Immigration Reform and Control Act of 1986 made most undocumented immigrants already in the U.S. eligible for legal status. It also made it illegal to knowingly hire unauthorized workers, but broad exceptions meant this was rarely enforced. Today, some people argue that undocumented immigrants are taking American jobs, while others argue that they fill the difficult and low-paying positions that Americans don’t want.

The Southern Border: A Critical Focus

The southern border of the United States has been an important focus in recent years. Unauthorized migrants regularly cross the land border with Mexico or make water crossings into southern states.

Mexico has been the most popular country of origin for undocumented immigrants for a long time, but the proportion of those from other countries is increasing. Poverty, organized crime, and political instability prompt people to leave their homes in some Latin American countries. They travel to the southern border of the U.S. seeking freedom, safety, and economic opportunity.

The impact of immigration on border states and cities puts them under stress. They can struggle to meet the needs of new arrivals, especially when there is a large influx of migrants. Under current immigration policy, migrants who apply for asylum are allowed to stay in the country until their cases can be heard. Due to a growing backlog in the U.S. immigration court system, this process can take several years.

Democrats vs. Republicans on Immigration

The immigration debate has become more contentious in recent decades, though the two major parties are coming closer together in the past few years. Republicans tend to call for stronger restrictions at the border and limits on some aspects of legal immigration, such as refugee resettlement. Republican voters are more likely to support efforts to deport all undocumented immigrants back to their countries of origin.

Meanwhile, Democrats tend to advocate for policies that offer paths to legal residency and citizenship for undocumented immigrants. They are more likely to support continuing the Deferred Action for Childhood Arrivals (DACA) program, which delays the deportation of unauthorized immigrants who came to the U.S. as children.

State-Level Action on Immigration

State-level action on immigration varies. Some state and local governments have passed “sanctuary” policies saying they won’t comply with federal requests to detain or deport undocumented immigrants. Others have done the opposite.

Last year, Texas legislators passed a law allowing state law enforcement to arrest people for entering the United States illegally. It was supposed to go into effect in March 2024, but a federal appeals court has temporarily blocked it. Louisiana lawmakers passed a similar bill this year, which is set to go into effect if the U.S. Supreme Court affirms the Texas law.

This year, an Iowa law made it a crime for people to be in the state if they were previously denied admission to or removed from the United States. An Oklahoma law also made it illegal to be in the state without legal status. Both are now blocked by courts due to legal challenges.

In 2022, Texas also began busing migrants to “sanctuary cities” in other states without their approval. Republican Governor Greg Abbott has said border cities are overwhelmed. He wants to place more of the burden of illegal immigration on government officials who support Biden’s border policies. Several of those cities are now overwhelmed and have begun sending migrants elsewhere in the country. Florida Governor Ron DeSantis, a Republican, and Arizona Governor Katie Hobbs, a Democrat, have since begun their own busing programs.

Federal Action on Immigration

Former President Donald Trump, the Republican candidate for president, promised during his first campaign to build a “border wall” along the entire U.S.-Mexico border. His administration did not complete this task but did construct or replace more than 450 miles of physical barriers.

Illegal Immigration

Trump created a requirement for asylum seekers to remain in Mexico while waiting for their hearings. Other Trump-era policies required people to seek asylum in “safe third countries” or “transit countries” before coming to the United States. His zero-tolerance policy for unauthorized adults resulted in family separations. Some parents were deported without their children. 

The Biden-Harris administration ended these policies. President Joe Biden, a Democrat, did continue a public health order Trump enacted in March 2020. Title 42 allowed U.S. border officials to turn away migrants seeking asylum during the COVID-19 pandemic. It expired in January of 2023.

Biden has increased the use of parole, allowing migrants into the U.S. even if they don’t qualify for a visa. Biden has used the power of parole much more broadly than other presidents, including for humanitarian and family reunification purposes.

Legal Immigration

While in office, Trump banned immigrants and refugees from six Muslim-majority countries, as well as North Korea and Venezuela. He also drastically cut the number of refugees allowed into the United States.

The Biden-Harris administration reversed the ban and raised the refugee cap. This year, the administration also made it easier for noncitizen spouses of U.S. citizens to apply for lawful permanent residence.

Border Security in 2024

A border deal proposed in the Senate this year sought to:

  • Add restrictions for asylum seekers
  • Set up a quicker case review process
  • Required temporary asylum shutdowns at a certain threshold of illegal border crossings
  • Expand detention alternatives like ankle monitors
  • Give some immigrants more protections

Republican leadership supported the deal at first, but they later reversed their stance and voted it down saying it would incentivize illegal immigration.

In early June of 2024, Biden signed an executive action to “temporarily shut down asylum requests once the average number of daily encounters tops 2,500 between official ports of entry.” The shutdown took immediate effect and will end once the number of requests falls to 1,500. It makes exceptions for unaccompanied children and trafficking victims.

How Will Immigration Impact the Election?

Americans are increasingly concerned about immigration. They have named immigration as their top election issue for most months this year, according to Gallup public opinion polls. For the first time since 2005, a majority of Americans think immigration should decrease. How is immigration impacting the election? More polls give us a clue.

Regardless of party affiliation, Americans are more likely to approve of deporting undocumented immigrants now than they were several years ago. A majority now also approve of constructing more barriers along the U.S.-Mexico border. Trump has promised to do both if re-elected, calling for mass deportation of illegal immigrants with the help of the National Guard.

Vice President Kamala Harris is now the presumptive Democratic nominee. At the start of his term, Biden placed Harris in charge of addressing the root causes of migration at the southern border. She has faced criticism as illegal border crossings increased, but they are trending lower ahead of the election.

Arrests for illegal border crossings hit a record high in December of 2023 but lowered in January as Mexican authorities raised enforcement. They dropped even more quickly after Biden’s executive action to restrict asylum. Arrests for unlawful border crossing hit a three-year low in June and kept decreasing in July. 

Harris says she supports “comprehensive reform that includes strong border security and an earned pathway to citizenship.” She promises to be tough on border control, citing her experience prosecuting drug cartels and human traffickers as California’s Attorney General.

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