General

How Crossing the U.S.-Mexico Border Became a Crime

May 23, 2017

For most of American history, immigrants could enter the U.S. without official permission. So what changed?

It was not always a crime to enter the United States without authorization.

In fact, for most of American history, immigrants could enter the United States without official permission and not fear criminal prosecution by the federal government.

That changed in 1929. On its surface, Congress’ new prohibitions on informal border crossings simply modernized the U.S. immigration system by compelling all immigrants to apply for entry. However, in my new book, City of Inmates, I detail how Congress outlawed border crossings with the specific intent of criminalizing, prosecuting, and imprisoning Mexican immigrants.

Knowing this history is important now. On April 11, U.S. Attorney General Jeff Sessions announced his plan to step up prosecutions of unlawful entries, saying it’s time to “restore a lawful system of immigration.” This may read like a colorblind commitment to law and order. But the law Sessions has vowed to enforce was designed with racist intent.