Historians argue that policies involving immigration surveillance are a product of nativism and can be evidenced throughout United States history.
[6] In 1893, a United States Supreme Court case involving a similar issue, Fong Yue Ting v. United States, ruled that the federal government had the right to arrest and deport non-citizens if they failed to carry certification verifying their lawful residency even if there was no other crimes committed.
The Smith Act was enacted in 1940 and dealt with the deportation for various offenses and added registration requirements, including the fingerprinting of immigrants before being issued a visa.
[5] In addition to the Smith Act, the federal government ordered the internment of over 100,000 people of Japanese descent, many of which were immigrants.
In 1988, President Ronald Reagan signed the Civil Liberties Act of 1988 which established legislation that authorized the payment of $20,000 to each surviving Japanese American that was affected by internment.
[1] After the September 11 attacks, the United States increased its surveilling of citizens and non-citizens in order to prevent terrorism.
The proposals that have been drafted and passed by lawmakers expect individuals to demonstrate their lawful presence in the United States.
[11] The Patriot Act was enacted seven weeks after the September 11 attacks and allowed for the deportation of immigrants that were suspected of terrorist activity.
[12] President Donald J. Trump first announced that he would halt muslim immigration to the United States in his presidential campaign citing the San Bernardino mass shooting.
[12] Since 2002, the Department of Homeland Security (DHS) has made the enforcement of surveillance interior of the border its main priority, focusing on undocumented workers, suspected gang members, and unlawful immigrants with the final order of removal.
The ATSA also created the Transportation Security Administration (TSA) which ensures the safety of the traveling population in the United States.
Passing of the ATSA ensured that many airports would have high security standards, but resulted in immigrants losing their jobs because of it.
E-Verify has the ability to determine the citizenship status of a potential employee and allows for the employer to act on their own discretion with this information.
[7] This act focused on the security arrangements between the United States, Mexico, and Canada in hopes of preventing another terrorist attack.
[9] The Fourth Amendment has been interpreted to signify that a warrant or probable cause is required in order to search a home, but this is not relevant when there is a suspicion that a person is violating a law.
Though some of the programs conducted by ICE have been effective in deporting copious numbers of people, it has been met with criticism and multiple lawsuits.
[2] Arizona was the first state in the country to pass legislation that penalized employers for knowingly hiring unlawful immigrants.
[2] Detention centers in the United States have become a controversial topic due to the reports and allegations of mistreatment towards illegal immigrants.
The lawsuit filed by both agencies detailed that the detainees were held up to ten hours or more despite overcrowding in the detention center and without access to water or beds.
This was in violation of DHS policies and the private company that was contracted to run the facility, Corrections Corporation of America, was put on probation during the investigation process.