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The US discriminatory policy
of Refugees and Immigrants
By
Vanlalfaka Arakan
History of the social problem
Although the United States has been regarded as a
land of refugees and immigration, every refugee and
immigrants did not get a fair treatment. People who
settled in the United States early would
discriminate and incite violence against newcomers
throughout history. In the name of patriotism and
self-righteousness, the federal government as well
as the state governments has pursued bias and
discrimination policies on refugees and immigration.
There were many laws and policies such as
Immigration Act of 1917 that banned people to enter
the United States who were ‘illiterate, psychopathic
inferior, alcoholics, Hindu and other Asians’ (Hing,
2004). The African-Americans, Chinese, Asians and
some of immigrants from Eastern Europe were
discriminated against based on their racial status
by the so-called first settlers (people who migrated
to the United States in late seventeenth or early
eighteenth centuries).
In the early period, each individual
state or colony controlled and managed its own
immigration policies. There was less or no
interference from federal government. For instance,
the 1727 Pennsylvania Act compelled immigrants to
take an oath to proprietors and provincial
constitution (Hing, 2004). Benjamin Franklin, a
nationalist and scientist, opined his opposition to
German immigrants: igrants:
Why should the Palatine [German] boors be suffered
to swarm in our settlements and, by hearding
together, establish their language and manners to
the exclusion of ours? Why should Pennsylvania,
founded by the English, become a colony of aliens,
who will shortly be so numerous as to Germanize us
instead of anglifying them? (Hing, 2004, p. 17).
Each state followed its own policy, depending on the
likelihood of the contribution of immigrants and
refugees to their new communities. The southern
states would oppress African-American, whereas the
northern states would oppose people who would more
likely to be the burden or people who would be
against standard opinions of the population.
Although some of the first-settlers fled Europe from
persecution and poverty, newcomers were subjected to
inspection. Hing (2004) states, “The 1788 poor law
required masters of the vessels arriving in New York
City harbor to report within twenty-four hours the
names and occupation of all passengers; if any
passenger appeared likely to become a charge, the
vessel was required to either return the passenger
or post a bond (p. 14).
The first federal law to control
immigration was known as the “1798 Alien and
Sedition Laws.” According to Hing (2004), the laws
were adopted to check foreign influences. However,
the law was used to check the influences of French
government, and the Federalist Party over
Democratic-Republican Party. After the “1798 Alien
and Sedition Laws” was passed, there were some laws
that encouraged immigration. For example, the
federal immigration law passed in 1864 was known as
“Act to Encourage Immigration” (Hing, 2004).
However, restriction on immigration was enacted soon
after. According to David Heer (1996), the first
federal law specifically on immigration was
introduced in 1875, prohibiting importation of
criminals and prostitutes into the United States.
Then, racial-based discriminatory laws were passed
in Congress. The Chinese Exclusion Act of 1924 was
passed to prohibit any Chinese laborer from entering
into the United States (Takaki, 1995). The Chinese
Exclusion law was passed to appease local laborers
because Chinese would perform any jobs with law
wages that left local laborers unemployed. After the
Chinese, the federal government targeted Japanese by
passing the National Origins Act of 1924 that
prohibited Japanese from entering into the United
States (Takaki, 1995). Moreover, blacks, Asians and
many other nationals were barred from becoming
citizens of the United States. The Naturalization
Law of 1870 barred anyone who was not white from
becoming a naturalized citizen of the United States
(Takaki, 1995).
The most recent law that targeted refugees and
immigrants is the USA Patriot (Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism)
Act that was passed in 2001. It was passed within
six weeks after the 9/11 attacks with little
opposition (Hing, 2004). In the forward of the book
“Defining American Through Immigration Policy”,
Anthony D. Romero, an Executive Director of the
American Civil Liberties Union, states, “the act
authorizes the attorney general to detain
noncitizens without a hearing; bars foreign citizens
from entering the country solely on the basis of
their language; and authorizes deportation based on
any support to a disfavored group, without any
requirement that the support be connected to a
terrorist act” (Hing, 2004, pp. ix-x).The main
feature of the USA Patriot Act is that: detaining
noncitizens without a hearing; barring foreigners
from entering the United States based on their
languages; deporting them without evidences (Hing,
2004).
Moreover, the United States ignored the
plight of thousands of refugees in the late twenty
century. Those who fled their countries from
persecution had to meet the standard set for
immigrants. It was in 1980 that the Congress passed
the Refugee Act for systematic importation of
refugees (Balgopal, 2000). The only exception
refugees and asylum seekers could get was illiteracy
(Lewis & Schibsby, 1939). It was during the Vietnam
War that the United States admitted large number of
refugees under the new law (NASW). However, the
United States has since been choosy in accepting
refugees. For instance, though the United States
welcomed Vietnamese, Cambodians and other refugees,
and Haitians refugees were intercepted at sea and
pushed them back (NASW).
Description of the population at-risk
Due to discriminatory and unfair policy and law
adopted by the United States, thousands of people
have been victimized. The Chinese Exclusion Act of
1882 deprived many Chinese in formation of families.
Women were not allowed to enter into the United
States for reunion with their husbands because the
law classified women as laborers and laborers were
barred (Hing, 2004). Companies and factories did
not want to employ Chinese. Factories would label
their products, stating that they were made by the
White. A cigar box was labeled, “The cigars herein
contained are made by White Men” (Hing, 2004, p.
32). Hing (2004) further stated that many Chinese
were killed or injured by the anti-Chinese riot that
swept across the western coastal states. Although
the anti-Chinese agitation was over the economic
situation, Hing says, “The war was about who was
rightfully doing business in America” (Hing, 2004,
p. 32)
During the World War II, Japanese were
classified as “enemy aliens” and sent them to
detention camps (NASW). These Japanese had nothing
to do with the then Fascist-Japanese government, but
the racism played its card in political circles that
led to the introduction of many laws against the
Japanese immigrants. Takaka (1995) described a
Japanese woman named ‘Fusayo Fukuda Kaya’ who was
granted citizenship, but then she was sent to
detention camp during the World War II. Takaka
(1995) narrated her family life:
The Kaya’s family life was torn apart in 1942, soon
after the United States went to war against Japan in
World War II. The Kayas were among the thousands of
Japanese immigrants in America’s West coast states
who, along with their American-born children, were
rounded up and taken to concentration camps because
some Americans-including military and political
leaders-charged that they might be secretly loyal to
Japan (p. 17).
According to NASW, in 1930s, the government
deported 4.5 millions people of Mexican descent even
though some of them were the U.S citizens (2006).
Before the World War II, the American ethnocentrism
affected many people including Jews. NASW (2006)
states that many Jews were not allowed entrance into
the United States due to anti-Semitism.
Although the constitution holds that
everyone is equal before the law, the
European-descent immigrants traditionally have more
privilege than other immigrants. Prejudice based on
race and skin color prompts certain behaviors and
attitudes among law enforcers. In 1980s,
Mexican-descent undocumented immigrants were
arrested and deported whereas the undocumented Irish
nationals were awarded with special visa allocation
(Hing, 2004).
Since the 9/11 attacks, Muslim and
Middle-eastern immigrants have been the most
victimized under the U. S discriminatory and unfair
policy of immigration and refugees. Although the
Fifth Amendment guarantees everyone life, liberty
and due process of law, the Department of Justice
formulated a list of 8,000 Middle Eastern men for
interviews (Hing, 2004). Some of them were never
charged, and some of them were disappeared because
they were barred from public hearing. Thus, no civil
right activist or a lawyer has had access to their
cases (Hing, 2004).
The other provision that affect
immigrants and refugees in all level is the “Illegal
Immigration Reform and Immigrant Responsibility Act
of 1996”, and the “Antiterrorism and Effective Death
Penalty Act of 1996”, which describes deportable
offenses such as conviction of domestic violence,
Child abuse, and child neglect (NASW, 2006). This
provision deprives the child of his or her rights.
When parents are deported due to domestic violence,
children are left behind in the United States
because they are the citizens. This means the
children would have to stay in orphanage or foster
care. Domestic violence does not occur only to
immigrants but American citizens as well, but only
immigrants and refugees are subject to deportation.
Refugees who resettled to the United
States have various problems such as emotional
problem, marital and family problems, and language
barriers. Angela Ryan (1992) quoted Hosino, Bamford,
& Bois, (1987), “The severe problems facing these
people have been recounted in the literature: the
trauma in their countries before coming here, and
the culture shock, racism, and language barriers
once they arrived (p. 1). Refugees fled their
homeland to escape persecution of different kinds
such as religion, belief, races or groups, so these
populations already have problems that affect them
in life. Resettling in third countries worsen their
problems as they have to adjust with the new
cultures, environment, languages. Etc. Thus, they
are more prone to violence. Ryan (1992) states,
“severe psychiatric problems are generally found in
the refugee population at a much higher rate than
general population” (p. 2).
Social Work professional response
Historically, refugees and poor people have been
helped by private organizations with minimal
involvement of the state. When social workers deal
with immigrants and refugees, they need to be aware
of the background and culture of the clients. Social
workers are advocate, broker, helper, initiator, and
negotiator. In the past, social workers helped
immigrants as a ‘friendly visitors”. The Settlement
houses, neighborhood centers, and other agencies are
the best examples of what social workers had done
for immigrants and refugees. Balgopal (2000) quoted
Jane Addams, “The Hull House residents sought not
only to understand their immigrant neighbors but to
interpret them to a public which had fears and
doubts about those ‘un-American types’ who lived in
the slums” (p. 15). The settlement houses provided
“citizenship classes” to new immigrants to help them
become good citizens (Balgopal, 2000).
Currently, the illegal or legal status
has great impact on refugees and immigrants. The
federal government provides help to refugees through
various non-profit organizations and public
agencies. The federal government has different
programs depending on the refugees and their
countries of origin. According to Norman Zucker,
(1983), the government, from time to time, developed
programs such as The Cuban Refugee Assistance
Program, the IndoChinese Refugee Assistance Program,
The Soviet and other domestic refugee assistance,
etc. Zucker further states that the United States
operate programs for refugees through at least three
federal agencies and many other private
organizations.
Since social workers advocate for
justice, the National Association of Social Workers
(NASW) endorses the right of immigrants and
refugees. The NASW policy statement states,
“Immigration policies must promote social justice
and avoid racism and discrimination or profiling on
the basis of race, religion, and country of origin,
gender or other ground” (NASW 227). NASW also
opposes deportation based on domestic violence,
child abuse and neglect, and opposes mandatory
reporting of undocumented immigrants, etc (p. 227).
It further advocates for better education, less
processing period for refugees and immigrants (p.
227).
Social work literature advocates social
workers to use specific skills and resources
depending on refugees and immigrants. For instance,
a book “Social Work Practice: With Immigrant and
Refugees”, dedicates each chapter to certain racial
groups (Balgopal, 2000). “Social Work Practice with
Asian Americans” dedicates its resources to deal
with Asians (Furuto, 1992).
Social workers develop different kinds
of approaches for helping immigrants and refugees.
For instance, Ryan (1992) encourages social workers
to use a family system approach in therapeutic
intervention because it is open to cultural
differences. To help social workers, the University
of Iowa developed a pilot project to test the family
system theory for refugees and immigrants (Ryan,
1992).
Balgopal (2000) emphasizes cultural
pluralism in a book “social work practice with
immigrants and refugees”. He states that
self-determination is motivated through cultural
pluralism. He says, “Immigrants themselves must
decide whether to adopt “Americanized” values,
norms, and ways of thinking” (p. 23). Balgopal
emphasizes on using different methods because of
diversity in refugees. For example, Balgopal states
that Asians are quiet and hardly interact with
non-Asians.
Current and future implication of the problem
The current phase of policy on refugees and
immigrants can be termed as a restricted phase.
Historically, the policy started with an open door
policy. According to Heer (1996), there are at
least five phases of the admission of immigrants and
refugees to the United States. The first phase
lasted from 1789 to 1874 in which the federal
government had no specified restriction to
immigrants. In the second phase, the government
imposed some restriction, which Heer termed it as
‘Initial Restriction’. It lasted from 1875 to 1917.
The Maximum Restriction was imposed during 1917 to
1941 because of the war against Germany. The fourth
phase lasted from 1941 to 1980. Heer (1996) stated
that many Asians and eastern Europeans were admitted
to the United States during this period. The United
States liberated its policy on refugees and
immigrants. The last phase is “concern with illegal
immigrants”, which started in 1980 till today. Heer
emphasizes that the federal government is more
concern about the illegal immigrants from Latin
America. However, the current situation can be
termed as the restricted or war on immigrants and
refugees. According to Romero, an Executive Director
of the American Civil Liberties Union, the United
States turned the war on terror into the war on
immigration (Hing, 2004). The Patriot Act of 2001
empowers law enforcers to detain anyone without
hearing or evidences.
The United States is still practicing
many discriminatory policies such as deportation of
any naturalized citizens if he/she is found guilty
of domestic violence, child abuse, and child
abandonment (NASW, 2006). These deportable offenses
are needed to be removed from the policy because the
children of such offenders are left parentless.
Instead of deporting such offenders, the government
needs to provide counseling or judge them in
accordance with the due process of law. Domestic
violence is not only prevalent to immigrants and
refugees, but it is a universal problem, which is
needed to be addressed systematically.
Moreover, policies such as ‘hold until
clear’ and ‘deporting without any evidences’ are
also needed to be addressed. The Fifth Amendment
guarantees everyone the due process of law. If a
person is not found guilty, she/he is regarded as an
innocent. According to Hing, “due process clause
applies to all persons inside the United States and
since the aliens had already entered, it applied to
them as well” (Hing, 2004, p. 231). For instance, in
1979, Jimmy Carter, the President of the United
States, ordered the attorney general to round up all
Iranian students and arrange deportation (Hing,
2004).
By working together, social workers,
civil rights activists, lawyers and many other
professional workers can change the above
discriminatory policies. Social justice is one of
the main core values that any social workers must
pursue in her/his professional life. It is the duty
of a social worker to advocate on behalf of these
refugees and immigrants. The NASW code of ethic
says, “Social workers pursue social change,
particularly with and on behalf of vulnerable and
oppressed individuals and groups of people” ( NASW
code of Ethics).
Although there were many discriminatory
policies in history, the present federal and state
governments need to liberalize the policies of
refugees and immigrants. Historically, the United
States is the land of immigrants and refugees.
Enforcing certain rules and regulations are against
humanity. Though rules and regulations are developed
to let people live in peaceful co-existence, such
rules and regulations should be applicable to
everyone. It is the responsibility of federal
government to make sure everyone has his or her own
liberty. The United States should be a garden of
flowers where every kind of flowers should be
nourished. A person has no right to make rose to
flower daisy and vice versa. Moreover, enforcing
something against an individual is against the
nature.
To many foreigners, the United State is
policing the world. In the name of the war on
terrorism and democracy, the United States pursues
wars in Iraq, Afghanistan and elsewhere. As a
result, many attacks on the United States have been
the result of United States’ foreign policy. For
example, if a person criticizes and enforce certain
rules on his neighbor, the neighbor would certainly
attack him/her back. The United States needs to
pursue peaceful means to solve problems such as
nuclear disarmament, human rights violations and
other issues. The United States needs to respect
other countries to get a respect from them for
peaceful co-existence. Then, the Patriot Act and
other laws and policies will not be needed to deal
with terrorism, immigrants and refugees.
Lastly, refugees and immigrant problems
will not be solved as it is a part of societies. It
is social workers duty to help them to have dignity
and social justice.
References
Balgopal, L.R.(Ed). (2000). Social work practice
with immigrants and refugees. New York:
Columbia University Press.
Furuto, S.M., Biswas, R., & Chung, K. D., et al. (Eds).
(1992). Social work practice with Asian
Americans.
Newbury Park, CA: Sage Publications.
Heer, D. ((1996). Immigration in America’s
future. Boulder, CL: Westview Press.
Hing, B.O. (2004). Defining America thro ugh
immigration policy. Temple, PA: Temple
University Press.
NASW. (7th ed).(2006). Immigration and
refugees. Washington, DC: NASW Press.
NASW. (n.d). Code of Ethics. Retieved September 20,
2007, from
http://www.naswdc.org/pubs/code/code.asp
Ryan, A.S. (Ed). (1992). Social work with
immigrants and refugees. New York: The Haworth
Press.
Takaki, R. (1995). From exiles to immigrants: The
refugees from Southeast Asia. New York:
Chelsea House Publishers.
Zucker, N. L. (1983). Refugee resettlement in the
United States: Policy and problems. Annals of
the American Academy of Political and Social Science,
463, 172-186. |
