The US public's approval of President Donald Trump's hardline anti-immigration policies has decreased over time. Despite this, Trump returned to power with even more extreme measures. The roots of this anti-immigration stance lie in the criminalization of immigrants, a concept that has been exploited by politicians for decades. This narrative has been used to anchor white supremacy in US culture and laws. The criminalization of immigrants has led to a binary choice in public debate: supporting the "good" type of immigrant.
The laws that have enabled this anti-immigration stance were signed by President Bill Clinton 30 years ago. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and the Antiterrorism and Effective Death Penalty Act (AEDPA) have contributed to mass incarceration and the detention and expulsion of immigrants. These laws have expanded the government's ability to detain and expel individuals without due process. The IIRIRA, in particular, has increased the number of people subject to expulsion, made detention mandatory, and accelerated expulsions.
The impact of these laws can be seen in the statistics. In 1995, 50,924 people were expelled, and fewer than 7,500 people were detained by immigration authorities. By 1997, the number of people expelled had more than doubled to 114,432, and by 2001, 20,500 people were being detained. Thirty years later, nearly 330,000 people were expelled in 2025, and around 70,000 people are currently detained by ICE. Private prison companies have profited from this system and play a significant role in the detention of migrants.
The laws have also created a pipeline from prisons to ICE detention. Immigrants are subject to double punishment, with many risking loss of liberty twice for the same conviction. Because ICE can arrest individuals upon release from prison, many are reincarcerated on the same day they would have returned home to their families. This double standard disproportionately punishes Black people and reinforces systemic racism.
The opposition to Trump's policies, despite opportunities to capitalize on public dissatisfaction, has not led to a significant shift in public support for immigration. Democrats have often reworked the same old criminalizing narratives, rather than offering a new vision for immigration policy. This has led to bipartisan votes to increase funding for agencies like ICE and Customs and Border Protection.
To break this cycle, a new approach is needed, one that prioritizes community-defined safety and immigrant rights. This requires recognizing the harm caused by the 1996 laws and working to dismantle the system of mass detention and expulsion. It also involves challenging the racist and xenophobic narratives that have driven US immigration policy for decades.
Ultimately, changing the narrative and the laws that have enabled mass detention and expulsion will require a sustained effort from policymakers, advocates, and community leaders. By working together, it is possible to create a more just and equitable immigration system that prioritizes the rights and dignity of all people.
Key points
- The 1996 laws signed by Clinton have had a lasting impact on US immigration policy, enabling mass detention and expulsion of immigrants.
- The criminalization of immigrants has been a driving force behind US immigration policy for decades, with both parties contributing to this narrative.
- A new approach to immigration policy is needed, one that prioritizes community-defined safety and immigrant rights.
