POLITICS AND GOVERNMENT Politics in the USA

246 The making of American domestic policy
ran–Walter Act, although amended many times, remains the basis of US immigration
law today. Preference is given to aliens related to citizens of the
United States and to other categories such as aliens who are members of the
professions holding advanced degrees, or aliens of exceptional ability, skilled
workers, professionals and other workers.
The events of 11 September 2001 changed the politics of immigration like
so many other things. The administration of the immigration service, which
had been part of the Department of Justice, moved to the newly established
Department of Homeland Security. Security was to become an increasingly
important influence on immigration policy, as for so many other aspects of
government. However, another problem was to become salient in 2005–6
– illegal immigration. It has been estimated that there are nearly 12 million
illegal immigrants in the United States, although some people would
put the number much higher. Much of the influx of illegal immigrants is
from Mexico, where every day thousands cross the border illegally. Many are
caught and returned to Mexico, approximately 1 million arrests each year,
but many others get through, and many of those returned to Mexico make
attempted crossing after attempted crossing. One estimate of illegal Mexican
immigration places the current figure at 485,000 per year. The extent of
this problem necessitated the formulation of new policies, but the difficulties
of achieving a consensus over such an emotive issue then became apparent.
There are three aspects to the problem – the way in which to control the
Mexican border, the more stringent enforcement of immigration laws and
the question of what to do about the large number of illegal immigrants,
many of whom had been living in the United States for years.
The first move to deal with this issue was made by the Republican chairman
of the House Judiciary Committee, F. James Sensenbrenner, who in December
2005 introduced a bill entitled the Border Protection, Antiterrorism
and Illegal Immigration Control Act. The proposed Act was directed towards
toughening the law on illegal immigrants, making unlawful presence in the
US a crime on conviction of which would make millions of ‘undocumented
immigrants’ ineligible for citizenship. The Bill made no provision for an
amnesty for illegal immigrants, and no special provision for the many seasonal
workers on whom many American farmers depend. Other aspects of
the Bill were the provision for the construction of a fence along part of the
US–Mexican border and strengthened control procedures at entry points. If
this Bill were to become law, the outcome might be that most, if not all, of
the illegal immigrants in the country would be eligible for deportation. The
White House issued a statement supporting the Bill, with some reservations,
and the Bill was quickly passed by the House of Representatives; 203 Republicans
and thirty-six Democrats voted in favour, 164 Democrats, seventeen
Republicans and one Independent voted against.
In March 2006 the Senate began consideration of a more liberal approach
to the immigration issue. A number of versions of this proposed legislation