Civil rights are the legal protections and freedoms that everyone is entitled to, ensuring that if these rights are violated, the affected person can take legal action. For immigrants, civil rights guarantee equal protection under the law, giving them the ability to seek justice in U.S. courts, regardless of their immigration status.
From the earliest days of American history, immigration has had a significant and often negative impact on Native Americans. As the country expanded, Native Americans were largely excluded from the civil rights protections offered by the laws of the colonists and later by U.S. laws. The history of forced immigration, particularly through the transatlantic slave trade, also influenced how civil rights were understood and shaped in the U.S. Today, the civil rights of immigrants are largely based on the Fourteenth Amendment to the U.S. Constitution, which guarantees that “any person” in the United States, regardless of their background, is entitled to equal protection under the law.
Early Immigration and Civil Rights Struggles
In the early history of the United States, immigration policies and civil rights were deeply intertwined, and often, immigration was viewed negatively, especially toward non-European groups. For example, the Immigration Act of 1924, shaped by racial theories that favored white Europeans, created strict immigration quotas, particularly targeting Asian and southern and eastern European immigrants. This law significantly reduced immigration from places like China, Korea, and the Philippines, while also limiting the flow of migrants from southern and eastern Europe. Between 1900 and 1910, about 200,000 Italians immigrated each year, but after 1924, this number dropped drastically to only around 4,000 per year.
The Immigration and Nationality Act of 1965 marked a turning point. It abolished the harsh quotas and shifted U.S. immigration policy toward a system that prioritized family reunification, allowing many more immigrants to come to the U.S. This was part of a broader movement for civil rights, which also included landmark laws like the Civil Rights Act of 1964 and the Voting Rights Act of 1965. These laws were intended to protect minorities and eliminate racial discrimination, aligning U.S. policies with evolving views on the rights of all people.
Immigrants’ Rights Today
Today, lawful permanent residents (green card holders) enjoy several important civil rights. They have the right to return to the U.S. after traveling abroad, and they can qualify for certain government benefits. Additionally, any person in the U.S., regardless of immigration status, can bring legal claims in U.S. courts to protect their rights.
However, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) significantly changed the landscape of immigration and civil rights. Under this law, immigrants found to be unlawfully present in the U.S. faced more aggressive deportation policies. In many cases, deportations were carried out without a full hearing before an immigration judge, which meant many immigrants were sent back without having their asylum claims properly reviewed. In fact, according to the American Civil Liberties Union (ACLU), in 2013, 83% of people deported did not have a hearing before a judge.
The Continued Fight for Immigrant Rights
In recent years, civil rights groups have raised concerns about the treatment of immigrants in the U.S. In 2018, the international human rights organization Human Rights Watch criticized the U.S. for its policy of prolonged detentions and summary deportations. These practices, they argue, violate immigrants’ rights and fail to ensure fair treatment for people facing removal from the country.
Despite these challenges, the U.S. immigration system continues to evolve, and immigrants still have legal recourse to protect their civil rights. If you’re an immigrant facing challenges with your legal status or need help navigating the complex immigration system, seeking professional advice can help safeguard your civil rights.
The Future of Immigration and Civil Rights
As immigration policy continues to change, it’s important for immigrants and their advocates to stay informed about their rights and protections. While laws and policies may evolve, the fundamental principle of equal protection under the law remains a core tenet of U.S. civil rights. By staying proactive and understanding the legal landscape, immigrants can continue to fight for their rights and work toward a fairer, more inclusive system.
At Law and Visas, we’re committed to helping immigrants navigate the U.S. immigration system and ensure their rights are protected. Whether you need help with a visa application, green card process, or defending against deportation, our experienced attorneys are here to assist you every step of the way.
