Illegal immigrants, also known as undocumented aliens, enter a country secretly, without obtaining visas or passing through an official entry point. Because illegal immigrants do not readily identify themselves for fear of deportation, it is almost impossible to determine how many there are in the United States. Various sources have estimated between two and twelve million, but most estimates are little more than educated guesses and are often politically influenced.
Immigration policy should be tailored to allow entry to people who do not threaten national security or impose a burden on the country’s economy. Many immigrants are detained and held in facilities across the country without adequate protections and privileges. Although various alternatives to detainment have been successful, they have not been implemented on a widespread basis.
In 1996, the United States adopted the Illegal Immigration Reform and Immigrant Responsibility Act and the Anti-Terrorism and Effective Death Penalty Act. These measures granted broad authority to agents of the Immigration and Naturalization Service (INS) giving them responsibility for determining whether immigrants should be detained. Immigrants without proper documentation, many seeking political asylum in the United States, have been sent to facilities across the country to await decisions on their status. A quarter of the children whose paperwork is compromised have been held in facilities that also house juvenile criminals. Some of these waylaid immigrants are unable to be deported because the United States does not have diplomatic relations with their home countries. Government-run and private detention centers routinely exceed their capacity, so detainees are often sent to city and county jails without opportunities to argue for their freedom. While less restrictive approaches to detainment have been successful, such initiatives have either not gained widespread support from the INS or have been difficult to implement. Despite the continuation of prohibitive detention policies some strides were made in 2000 when the INS agreed to standards that allowed for access to legal services for many detainees. More should be done to ensure that detainees are afforded protections consistent with the accommodating spirit of the American judicial system.
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