FINAL ASSIGNMENT: THE IMMIGRANT POPULATION AND CIVIL RIGHTS 1

Final Assignment: The Immigrant Population and Civil Rights

Matthew Shelbourn

Pasadena City College

FINAL ASSIGNMENT: THE IMMIGRANT POPULATION AND CIVIL RIGHTS 2

Throughout the history of the United States there are few topics that have been as

important as immigration, and recently, few topics that have been so polarizing. The U.S. that we

all know was essentially founded by immigrants, yet laws passed over the years have made it

progressively more difficult for these groups of people to find a welcoming home in our country.

Since President Trump was elected the issue of immigration has never been more poignant.

Whether it’s a Southern border wall to ‘protect’ the U.S. from illegal Mexican and South

American immigrants, travel bans preventing citizens from certain countries from entering the

United States, or incredibly strict policies for attaining a green card or U.S. citizenship, the

United States no longer has an open door policy when it comes to immigration. In addition,

thanks to media sensationalism many immigrant populations, regardless of whether they are

legal or illegal, are stigmatized in the U.S. Unfounded stereotypes are often cast onto these

populations which often have negative implications and go far to threaten their livelihood and

happiness. This paper will examine the current optics for U.S. immigrant populations in general

by classifying what an ‘immigrant population’ is, a selection of the U.S. Supreme Court cases

that have affected these populations, and an hypothetical outlook for what the future could entail

for these groups in the United States.

“I will build a great, great wall on our southern border, and I will make Mexico pay for

that wall. Mark my Words.”1 This was one of Trump’s most famous (or infamous) quotes from

his 2016 presidential campaign and it highlights the fact that if someone with his outspoken

disdain for our nearest neighbors to South can be elected to the highest office in our country,

then there are some significant undercurrents of ethnocentrism and anti-immigration. I don’t

believe that Trump implanted these thoughts into the minds of Americans, however, I think that

there has been a gradual upwelling of resentment in our country towards members of other

1Capatides, Christina. "30 of Donald Trump's Wildest Quotes." CBS News. March 21, 2016.
https://www.cbsnews.com/pictures/wild-donald-trump-quotes/14/ (Accessed April 9, 2018).
FINAL ASSIGNMENT: THE IMMIGRANT POPULATION AND CIVIL RIGHTS 3

cultures since the World Trade Centers were attacked, and it most-likely stems from even before

then. But it has definitely been brought to a head. There’s even a term for it now that mass media

enjoys using freely: ‘Islamophobia’. Perhaps it is coincidence, or perhaps I am wrong and have

underestimated Trump’s impact on inciting widespread xenophobia, but according to many

sources, members of the Islamic faith who reside in the U.S. are currently subjected to more hate

and prejudice than they were immediately following the 9-11 attacks. One quote from The

Independent helps to solidify this point, “As the country approaches the anniversary of Trump’s

first year in office, Ibrahim Hooper said such was the level of anxiety and apprehension, many

Muslims were fearful to public display signs of their faith.”2 But setting aside the widespread

American perception of immigrants in a largely negative light, the majority of people who

immigrate to the United States have done so under duress and have overcome major adversities

in order to do so.

The employment opportunities that the United States has to offer is a major enticement to

many would-be immigrants, especially those in Mexico and South American countries where

cartel activity and poverty are rampant. In fact, according to 2010 U.S. Census data, well over

12% of foreign born U.S. residents originally come from Mexico and other South American

countries. But the truth of the matter is that many of these immigrants came to the United States

illegally. It is rather easy for U.S. citizens to immigrate to Mexico, but this is not reciprocated on

our end. Widening the scope to all immigrants, anyone who would like to reside in the United

States legally faces an uphill battle of monumental proportions. The simplest way to reside in our

country legally is to obtain a green card, but even this isn’t too easy to obtain. For an immigrant

to be eligible for a green card he or she must have a special visa to fit their needs (work,

2 Andrew Buncombe New York. "Islamophobia Even Worse under Trump than after 9/11
Attacks, Says Top Muslim Activist." The Independent. December 27, 2017.
https://www.independent.co.uk/news/world/americas/us-politics/trump-islam-muslim-
islamophobia-worse-911-says-leader-a8113686.html (Accessed April 9, 2018).
FINAL ASSIGNMENT: THE IMMIGRANT POPULATION AND CIVIL RIGHTS 4

education, etc.), must have an immigration sponsor complete an immigration petition, have

means of transport to the U.S. and etc. If that wasn’t tricky enough, becoming a full-fledged U.S.

citizen is even more cumbersome and on average takes several years.3 But doesn’t America pride

itself on being a ‘melting pot’? Has there been any legislation passed to benefit the plethora of

immigrants who fight tirelessly to make it to the United States for refuge, opportunity, and a

better life?

Largely the judicial branch of our government (the Supreme Court) has leaned more

towards protectionism when it comes to immigration. However, many of the cases that

S.C.O.T.U.S. has heard have involved ‘illegal’ immigrants and not those who have entered our

country lawfully. Unfortunately, a large number of the immigrants who reside in our country are

here illegally, mostly because of financial constraints. In the case Landon v. Plasencia which

was argued in 1982, immigrants were rewarded with a marginal victory.4 The decision, which

was handed down by Justice Marshall, put forth the ruling that aliens (illegal immigrants) have

the right to due process regardless of their citizenship. This was a big step for immigrant rights

because it essentially provides them with many of the legal rights that U.S. citizens have during

litigation. Prior to this, undocumented immigrants had very few rights when they found

themselves in a legal situation. Although this can be considered as a minor victory for

immigrants, it was a step in the right direction and would help to minimize the abuse they are

subjected to by our legal system.

Another landmark case for immigrant rights is Plyler v. Doe, which was also argued in

1982. The decision of this case was an outright victory for immigrants. The decision which was

handed down by Justice Brennan, mandated that a Texas statute which denied state funds to local

3 "Green Card Eligibility." MyUSCIS.

https://my.uscis.gov/exploremyoptions/green_card_eligibility (Accessed April 9, 2018).
4 "Landon v. Plasencia." LII / Legal Information Institute. January 21, 2015.

https://www.law.cornell.edu/wex/landon_v._plasencia (Accessed April 9, 2018).

FINAL ASSIGNMENT: THE IMMIGRANT POPULATION AND CIVIL RIGHTS 5

school districts for the education of children of illegal immigrants and also authorized school

districts to deny enrollment to children of illegal immigrants was unconstitutional and in

violation of the Equal Protection Clause of the Fourteenth Amendment.5 This case addresses the

issue that if a child is born on U.S. soil then he or she is a citizen, hard stop. There are no

exceptions to this rule, at least there aren’t any yet. Texas wrote a statute to restrict the education

of U.S. citizens simply because they were born of illegal immigrant parents. Although this

ruling, and the ruling that was previously mentioned, were both steps in the right direction, they

were also almost 40 years ago. Much has happened since then and our country has regressed.

Regardless of whether President Trump builds a wall or not, imaginary walls have

already been built in the American psyche. We, as a society, are more closed off than we ever

have been, and it scary to think about. There are so many populations around the world that are

subjected to hardship, strife, and violence every day, yet we take refuge in our isolated bubble.

And the walls of this bubble seem to be getting thicker and thicker constantly. The United States

is in an era of late-stage capitalism, where the rich get richer, the poor get poorer, the middleclass

evaporates, oligopolies take hold, and etc. This is good for some, but devastating for most. Our

world is rapidly accelerating towards becoming reliant on a global economy and we are isolating

ourselves for only our detriment. The immigrants are our lifeblood. They bring fresh ideas,

diverse opinions, eclectic food, outlandish beliefs, new takes on spirituality, and the list goes on.

Without immigrants none of us would be here, and we would be wise to remember this.

5"Plyler v. Doe." LII / Legal Information Institute. January 21, 2015.

https://www.law.cornell.edu/wex/plyler_v._doe (Accessed April 9, 2018).
FINAL ASSIGNMENT: THE IMMIGRANT POPULATION AND CIVIL RIGHTS 6

Bibliography

Andrew Buncombe New York. "Islamophobia Even Worse under Trump than after 9/11 Attacks,

Says Top Muslim Activist." The Independent. December 27, 2017.

https://www.independent.co.uk/news/world/americas/us-politics/trump-islam-muslim-

islamophobia-worse-911-says-leader-a8113686.html (Accessed April 9, 2018).

Capatides, Christina. "30 of Donald Trump's Wildest Quotes." CBS News. March 21, 2016.

https://www.cbsnews.com/pictures/wild-donald-trump-quotes/14/ (Accessed April 9,

2018).

"Green Card Eligibility." MyUSCIS.

https://my.uscis.gov/exploremyoptions/green_card_eligibility (Accessed April 9, 2018).

"Landon v. Plasencia." LII / Legal Information Institute. January 21, 2015.

https://www.law.cornell.edu/wex/landon_v._plasencia (Accessed April 9, 2018).

"Plyler v. Doe." LII / Legal Information Institute. January 21, 2015.

https://www.law.cornell.edu/wex/plyler_v._doe (Accessed April 9, 2018).