The U.S. Immigration Debate

Introduction

Immigration has been a touchstone of the U.S. political debate for decades, as policymakers have weighed economic, security, and humanitarian concerns. However, Congress has continued to disagree on comprehensive immigration reform, effectively moving some major policy decisions into the executive and judicial branches of government and fueling debate in the halls of state and municipal governments.

Former President Donald Trump has put efforts to reshape asylum, border, and deportation policy at the center of his political movement. President Joe Biden had pledged to reverse Trump’s first-term actions and reform the system, but the end of pandemic-related border restrictions and a historic surge in migration have complicated his plans.

What is the immigrant population in the United States?

Immigrants composed an estimated 13.9 percent of the U.S. population in 2022, amounting to roughly 46 million people out of a total of almost 335 million, according to U.S. Census Bureau data released in April 2024. Together, immigrants and their U.S.-born children made up about 27 percent of U.S. inhabitants, per the Current Population Survey. Though the share of the population that is foreign born has steadily risen since 1970, when there were fewer than ten million immigrants in the country, recent figures still fall below the record high of 14.8 percent in 1890. 

As of 2022, Mexico was the top country of origin for U.S. immigrants, with Mexicans constituting 23 percent of the total immigrant population. Other major countries of origin include India (6 percent); China, including Hong Kong and Macau (5 percent); and the Philippines (4 percent).

Undocumented immigration. The U.S. government estimated the undocumented population to be some eleven million people in 2022. This total represents a slight decrease from 11.8 million before the 2008 economic crisis [PDF], which led some immigrants to return to their home countries and discouraged others from coming to the United States. In fiscal year 2023 (FY 2023), Customs and Border Protection (CBP) apprehended nearly 2.5 million people trying to illegally cross the southern U.S. border, a record high.

Until 2013, almost all of those trying to cross the U.S.-Mexico border were Mexican citizens, and most were individuals seeking work. Between 2013 and 2021, most immigrants came from Asia, particularly China and India. Mexico has since regained its status as the top country of origin, and Central Americans have made up an increasingly larger share of migrants at the southern U.S. border. Generally, they are coming not for work but to make asylum claims, and many of them are unaccompanied children. Some of these immigrants have different legal rights from Mexican nationals in the United States: Under a 2008 anti–human trafficking law, unaccompanied minors from noncontiguous countries have a right to a hearing before being deported to their home countries. The increase in Central American migration has strained the U.S. immigration system. At the end of FY 2023, there were nearly 2.8 million cases pending in immigration courts, the most on record.

Though many of the policies that aim to reduce unlawful immigration focus on enforcement at the border, individuals who arrive in the United States legally and overstay their visas comprise a significant portion of the undocumented population. A Center for Migration Studies report found that, between 2010 and 2018, individuals who overstayed their visas far outnumbered those who arrived by crossing the border illegally.

Legal immigration. The United States granted more than one million individuals [PDF] legal permanent residency in FY 2022, close to pre-pandemic levels. Some 58 percent of them were admitted on the basis of family reunification. Other categories included: employment-based preferences (27 percent), refugees (3 percent), diversity (4 percent), and asylees (5 percent). As of late 2023, more than four million applicants were on the State Department’s waiting list [PDF] for family- and employer-related immigrant visas, nearly a third of whom were from Mexico.

Hundreds of thousands of foreign nationals work legally in the United States under various types of nonimmigrant visas. In FY 2023, the United States granted more than 265,000 visas for high-skilled workers [PDF], known as H1B visas, and over 310,000 visas for temporary workers in agriculture and other industries, or H2A visas. H1B visas are capped at 85,000 per fiscal year, with exceptions for certain fields.

Immigrants made up 18.6 percent of the U.S. civilian workforce [PDF] in 2023, according to the Bureau of Labor Statistics, up from 18.1 percent the previous year. Compared to those born in the United States, greater shares of immigrants worked in service fields (21.8 percent of all foreign-born people); production, transportation, and material moving (15.2 percent); and natural resources, construction, and maintenance (13.8 percent). 

How do Americans feel about immigration?

A February 2024 poll by Gallup showed that 28 percent of surveyed Americans considered immigration to be the top problem facing the United States. In a separate Gallup poll conducted that same month, the majority of respondents felt that illegal immigration was a “critical” threat to U.S. national security.

A Pew Research Center poll conducted in April found that some 60 percent of the registered voters surveyed believed that undocumented immigrants currently in the United States should be allowed to stay, with 36 percent of respondents saying that undocumented immigrants should have the opportunity to apply for citizenship. In addition, a large majority of Americans still consider immigration to be overall good for the country.

How has Congress tried to address the issue?

The most recent push for an immigration policy overhaul was in 2013, following a decade in which Congress debated numerous immigration reforms, some considered comprehensive and others piecemeal. (Comprehensive immigration reform refers to omnibus legislation that attempts to address the following issues: demand for high- and low-skilled labor, the legal status of the millions of undocumented immigrants living in the country, border security, and interior enforcement.) The last major legislation to make it through Congress was under President Ronald Reagan in 1986, when his administration granted legal amnesty to some three million undocumented residents; in 1990, President George H.W. Bush further expanded legal immigration by increasing the cap for immigrant visas from 270,000 to 700,000, though he lowered the quota to 675,000 after several years. In 2007, President George W. Bush worked with congressional Democrats to reach a compromise on a new comprehensive bill, but it ultimately failed to win enough support in the Senate.

President Barack Obama pressed hard for a comprehensive bill that would pair a path to legalization for undocumented residents with stronger border security provisions. The Democrat-led Senate passed this legislation in 2013, but the bill stalled in the Republican-controlled House of Representatives. Both Presidents Trump and Biden put forward their own plans, which were not seriously considered by Congress.  

What was the Obama administration’s approach?

With legislation thwarted, Obama focused on executive action, a tactic that his successors continued. In 2012, his administration began a program known as DACA, or Deferred Action for Childhood Arrivals, which offered renewable, two-year deportation deferrals and work permits to undocumented immigrants who had arrived in the United States as children and had no criminal records. 

Obama characterized the move as a “stopgap measure” and urged Congress to pass the DREAM Act, or Development Relief and Education for Alien Minors—legislation first introduced in 2001 that would have benefited many of the same people. Since then, more than 830,000 people have participated in DACA, and it’s estimated that almost 1.2 million more were eligible as of 2023. Obama attempted to extend similar benefits to undocumented parents of U.S. citizens and permanent residents through a program known as Deferred Action for Parents of Americans (DAPA), but the Supreme Court effectively killed it in 2016.

In 2014, Obama also grappled with a surge of more than sixty thousand unaccompanied minors at the southern border, mostly from Central America. He directed $750 million in aid to the region to improve conditions there. Meanwhile, his administration faced criticism for its enforcement policies, including detaining children in poor conditions and overseeing the deportation of more people—approximately three million—than either the Bill Clinton or George W. Bush administrations had.

What was the Trump administration’s approach?

Immigration remains a signature issue for Trump. He blames previous administrations for failing to secure the southern border, and in his first term, he advocated for sharply reducing both legal and illegal immigration. He repeatedly used executive action to reshape asylum, deportation, and border policy.

Border security and enforcement. Trump vowed to expand the wall along the U.S.-Mexico border, which he claimed would stop drugs and gangs from entering the country. He was unsuccessful in securing funding from Congress, leading to a federal government shutdown in 2019 and a subsequent declaration of a national emergency, which allowed him to divert funds to build the wall.

Other enforcement measures under Trump included increasing border personnel; sending thousands of active-duty troops to the border; threatening Mexico with tariffs if it did not increase its own border enforcement; and attempting to cut federal funding to so-called sanctuary cities, or jurisdictions that refuse to enforce federal immigration directives.

Trump also ratcheted up previous administrations’ deterrence efforts. He implemented a zero-tolerance policy, under which authorities arrested and prosecuted everyone caught crossing the southern border without authorization. This caused thousands of family separations, since by law children must be held apart from parents facing criminal prosecution. (Presidents Bush and Obama likewise faced criticism for child detention, but they did not make separations a matter of policy.)

DACA. Trump sought to end DACA, calling it unconstitutional. The move spurred multiple legal challenges and, in June 2020, the Supreme Court blocked Trump’s plan. A December 2020 federal court ruling forced the Trump administration to resume accepting new applicants.

Travel bans and refugee cap. Trump aimed to sharply reduce the number of refugees and other immigrants granted legal entry into the United States. In 2017, he instituted a ban on immigration and travel from several Muslim-majority countries, including Iran, Somalia, and Yemen. The original order was rejected by the courts, but the Supreme Court upheld a more limited version. Trump also lowered the cap on the number of refugees the United States accepts each year to less than fifteen thousand for FY 2021—the lowest figure in the history of the U.S. refugee program. Additionally, he ended temporary protected status (TPS)—a program that allows migrants from certain crisis-stricken nations to live and work in the United States for a limited period—for several countries.

Asylum policy. Trump implemented new restrictions on asylum seekers. In 2018, the administration began “metering” asylum applications, or only accepting a limited number [PDF] each day. The next year, it launched the Migrant Protection Protocols, also known as the “Remain in Mexico” program, which required asylum seekers to wait in Mexico while their cases were processed in U.S. courts. At the same time, it sought “safe third country” agreements with several Latin American countries, which would have allowed U.S. authorities to send asylum seekers who traveled through those countries back there. Only an agreement with Guatemala was implemented before that country terminated it in 2021. Additionally, the Trump administration invoked Title 42, previously a rarely used public health law, to deny asylum on health-related grounds amid the COVID-19 pandemic.

Comprehensive reform effort. Like his immediate predecessors, Trump proposed broad immigration reform. His would have created a merit-based system to replace the current one,  which prioritizes family reunification. It also included an expansion of the border wall and an employment verification system known as E-Verify, but it did not address the status of current undocumented residents. Congress ultimately did not take up the proposal.

What has been Biden’s approach?

Ahead of the 2020 presidential election, Biden campaigned on overturning almost all of Trump’s immigration policies. Since then, the Biden administration has reduced immigration enforcement within the United States, ended the travel bans, expanded green-card access for certain undocumented immigrants, and ended the controversial Title 42 policy, though it did initially maintain many pandemic-related restrictions. The administration also initially halted construction of the U.S.-Mexico border wall, though it has since moved forward with plans to build additional sections; expanded TPS protections; terminated the Remain in Mexico program (with Supreme Court approval); and raised the refugee cap to 125,000 for fiscal years 2022–24. 

However, Biden’s efforts to undo Trump-era policies have been challenged by a historic influx of migrants at the southern border. The record surge in border crossings has prompted the administration to implement several new restrictions since 2023, including a so-called transit ban allowing the government to deny asylum to migrants who did not previously apply for protection in a third country. In addition, the administration can temporarily bar asylum requests when the number of illegal crossings exceeds a certain threshold; since the start of 2024, illegal crossings have slowed. 

Meanwhile, Biden has worked with Latin American leaders to increase aid to refugee populations, improve border management, and better coordinate emergency responses, even as his own comprehensive immigration reform bill and other border security legislation have failed in Congress. His administration has also launched efforts to accelerate the reunification of migrant families, including by reinstating the Central American Minors (CAM) program, which reunites children in the so-called Northern Triangle countries with their parents in the United States, and by creating a family-reunification task force. Additionally, Biden has pledged to invest $4 billion to address the drivers of migration from Central America, and he has sought to revive DACA; the Department of Homeland Security continues to accept and process renewal requests amid ongoing legal challenges to the program.

How are state and local authorities handling these issues?

States vary widely in how they treat unauthorized immigrants. Some, including California and Massachusetts, allow undocumented immigrants to apply for drivers’ licenses, receive in-state tuition at universities, and obtain other benefits. At the other end of the spectrum are states such as Texas, where the legislature passed a law [PDF] mandating that local governments and law enforcement agencies cooperate with federal immigration officers.

The federal government is generally responsible for enforcing immigration laws, but it delegates some immigration-related duties to state and local law enforcement. However, the degree to which local officials are obliged to cooperate with federal authorities is a subject of intense debate: dozens of counties across thirteen states are home to so-called sanctuary cities that limit cooperation with immigration enforcement.

President Trump decried these sanctuary jurisdictions and reinstated a controversial Obama-era program known as Secure Communities, in which the FBI shares fingerprints of suspects collected by state and local law enforcement with federal immigration authorities. Under the program, state and local agencies also hand over individuals presumed to be in the country illegally. Biden terminated the program shortly after taking office. 

A range of court rulings during the Trump era increased pressure on states. In 2018, the Justice Department launched a lawsuit against California over sanctuary jurisdictions, which was ultimately dismissed by the Supreme Court. It filed similar suits against New Jersey and Washington, and a federal court ruled in 2020 that the Trump administration could withhold federal funding from sanctuary jurisdictions, including New York City. Under Biden, the Justice Department reversed this stance, leading the Supreme Court to dismiss several pending cases.

The ongoing border crisis has driven increasing controversy over local responses. After Trump called on states to deploy National Guard contingents to the southern border, several governors refused. Others, including Texas’s Greg Abbott, embraced Trump’s views, continuing to expand the border wall and seeking to boost the role of state and local law enforcement in carrying out federal immigration policy. In the Biden era, Abbott has sought to impose stronger enforcement at the Texas-Mexico border despite federal opposition. The governor signed a law in December 2023 making it a state crime to cross the border into Texas illegally and authorizing law enforcement to arrest and deport migrants. The bill remains on hold amid legal challenges; several other states are attempting to enact similar legislation.