Public Opinion, Punitiveness, and the Rise of Non-criminal Deportation: A Historical Analysis

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Abstract

As a divisive issue on the national stage, the public has often been conflicted about the state of immigration enforcement. Drawing attention to the issue of non-criminal deportation—the removal of non-citizens for offenses not explicitly defined as criminal by the United States Citizenship and Immigration Services (USCIS), this study evaluates how public opinion has oscillated with economic, social and political forces. The findings suggest that when the economy experiences a downturn, the public is more likely to support restrictive immigration practices. The findings also suggest that during the years following the Immigration Reform and Control Act of 1986 (IRCA) which were characterized by a tremendous amount of restrictive legislative activity—especially during the 1990s and 2000s, non-criminal deportations increased as well as the negative opinions about immigrants. Using opinion data from the Policy Agenda’s Project, the Department of Homeland Security, The Sourcebook of Criminal Justice and The Bureau of Labor Statistics, this study sheds light on the issue of non-criminal deportation from 1964-2012 and evaluates how public opinion on immigration enforcement fluctuated in response to the social, economic and political forces of the time.

Author

• Denise N. Obinna, Mount St Mary's University