Immigration Policy &
Human Rights
An analysis of international human rights frameworks, U.S. immigration policy history, and the real-world forces shaping migration today.
Over the past several decades, the United Nations has passed policies on human rights specifically for — or relating to — immigrants. These frameworks set international standards for how nations should treat people crossing borders. But how well do nations actually follow them?
This research examines the gap between international human rights commitments and U.S. immigration policy — past and present — and explores the complex forces that drive human migration around the world.
UN Human Rights Conventions
International agreements that establish the legal framework for protecting the rights of all people, including immigrants and displaced populations.
Universal Declaration of Human Rights
The foundational document of international human rights law, establishing the inherent dignity and equal rights of all members of the human family.
Convention on the Elimination of All Forms of Racial Discrimination
Commitment to eliminate racial discrimination in all its forms and promote understanding among all races.
International Covenant on Civil and Political Rights
Legal treaty binding signatory nations to respect the civil and political rights of individuals, including freedom of movement.
Convention on the Elimination of All Forms of Discrimination Against Women
An international bill of rights for women, setting standards for ending gender-based discrimination.
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Prohibits torture and cruel treatment under any circumstances, including in immigration enforcement.
Convention on the Rights of the Child
Establishes that children have rights regardless of their or their parents' immigration status.
Rights of All Migrant Workers and Members of Their Families
Specifically protects migrant workers and their families, ensuring equal treatment and access to resources.
IFSW International Policy on Displaced Persons
Supports equal rights for immigrants to access job opportunities and the same resources as citizens. The NASW also affirms that a child of an immigrant should not be limited in resources based on their parents' documentation status, supporting policies that keep families together.
The U.S. Immigration Picture
The United States has the largest immigrant population in the world. Here's what the data shows.
#1
Largest immigrant population in the world
40%
of New York City's population is foreign-born
17,500
People trafficked into the USA annually (ACLU, 2022)
Top Destination Cities
Los Angeles, New York City, and Miami have the highest populations of foreign-born residents. In NYC, 40% of the population is foreign-born.
Who Migrates?
Most of the immigrant population in the U.S. are legal permanent residents. Most undocumented individuals have children and work — challenging common misconceptions.
Why People Migrate
Migration is rarely simple. People move for different reasons — some by choice, others by force.
Push & Pull Factors
Macro
- Political unrest & violence
- Economic poverty
- Agricultural / climate factors
- Large-scale social pressures
Mezo
- Social & community networks
- Chain migration (family delayed)
- Serial migration (labor-connected)
Micro
- Personal choice to move
- Individual aspirations
- Family reunification
Forced Migration & Modern Slavery
An estimated 20.9 million adults and children are bought and sold worldwide into commercial sexual servitude, forced labor, and bonded labor. — Equality Now, 2014
Migration is not always a choice. Many people are forced to move — victims of modern-day slavery, human trafficking, and conflict. An estimated 17,500 people are trafficked into the United States annually (American Civil Liberties Union, 2022).
Climate & Conflict Migration
In parts of Africa, entire communities have moved due to climate change and civil war. Many people in Africa hold multiple cultural and linguistic identities, making migration a more accessible option.
One of the most surprising findings: people are migrating due to global warming. This is happening now — not in some distant future.
Transnationalism
Transnationalism means keeping work or connections from one's country of origin while crossing borders. This is economically beneficial for both countries involved.
Technology — mail, Skype, airplanes — has made transnationalism more accessible than ever.
Many immigrants visit or return home — but in the United States, returning home can be a risk because they might never be able to re-enter. For political refugees, returning home is often not an option at all.
U.S. Immigration Policy Timeline
Immigration has not always looked the same in American history. At the start, the U.S. was more accepting of immigrants — while also forcing millions through the slave trade. Today, the word "immigrant" is often applied differently depending on where someone comes from.
Immigration Act of 1882
Barred entry for immigrants convicted of crimes or deemed 'mentally defective.' Established federal oversight of immigration.
Chinese Exclusion Act
Stopped immigration from China and barred Chinese immigrants from becoming citizens. Repealed in 1943 when the U.S. needed China as an ally in WWII.
Immigration Act of 1917
Targeted Southern/Eastern Europeans and Asians based on narratives of illiteracy and job displacement.
Immigration Act of 1924
Expanded restrictions on non-Western Europeans. Used the 1890 census as a baseline — only those with lineage predating 1890 could be 'deflated citizens.' Western Hemisphere immigrants were exempt (to maintain relations and cheap labor).
Displaced Persons, Refugee Relief & Refugee Escapee Acts
Helped those displaced by war or escaping communist regimes.
Immigration Act of 1952
Favored Western and Northern Europeans who had already assimilated — prioritized education, skills, and family ties to citizens.
Immigration & Nationality Act
A turning point. Abolished the national quota system based on race, national origin, and ethnicity. Shifted to prioritizing family relationships and employment. Result: more immigrants from Asia and Latin America.
Refugee Act of 1980
Created formal procedures for admitting refugees, helping war-torn Southeast Asia.
IRCA (Immigration Reform & Control Act)
Responded to fears about undocumented immigration. Increased fines for hiring undocumented workers, increased border control, and granted amnesty to those living in the U.S. since 1982.
Immigration Act of 1990
Increased legal immigration numbers by 40%.
Death Penalty Act of 1994
Enacted before 9/11, allowed expedited deportation for 'alien terrorists' and exclusion from entry.
Post-9/11 Heightened Security
Terrorist attacks led to intensified fear and stricter immigration enforcement measures.
DACA (Deferred Action for Childhood Arrivals)
Allows children brought to the U.S. to remain with temporary status, protecting them from deportation.
Ongoing Challenges
Staffing shortages and systemic issues make it harder to admit people. The U.S. has made room for Syrian and Ukrainian refugees — but remains inconsistent with UN commitments and its own Constitution.
Three Forces That Have Shaped U.S. Immigration Policy
Restrictions based on personal characteristics
Restrictions based on national origin
Protection of American labor (or fear of lost jobs)
The Gap Between Commitments & Action
The United States is a governing country and a member of the United Nations — but has been slow to act on expanding opportunities for safe migration, including the Global Compact on Safe, Orderly, and Regular Migration.
The U.S. needs to be more consistent with the policies of the United Nations, its own Bill of Rights, and its Constitution. Thousands of people die trying to cross borders in search of a better life — and the gap between international human rights commitments and national policy decisions has real, life-or-death consequences.
Three Key Takeaways
The most important insights from this research.
Climate Migration is Happening Now
People are leaving their home countries due to global warming — not in some distant future, but right now. Entire communities in parts of Africa have already moved because of climate change and civil war.
Three Forces Drive U.S. Policy
Every immigration policy in U.S. history reflects one or more of these: restrictions based on personal characteristics, restrictions based on national origin, and protection (or fear for) American labor. These forces are visible from 1882 to today.
The UN Promise vs. National Reality
The UN puts forward values to protect people — but countries that are supposedly committed to the UN do not always honor those commitments. The U.S. has not fully supported the safe migration passage plans it helped create.
Questions for Further Reflection
What will the next edition of immigration policy research add about current events under the current administration? This research presents facts and documented records — how will history judge this moment?
How are UN policies actually made? Who all is involved in the process, and which countries participate — and what does participation really mean when commitments aren't kept?
How can citizens push for consistency between international human rights commitments and national immigration policy? What role should civic education play?
Want to Dive Deeper?
This research is part of our ongoing work to build civic literacy. Explore our scholars, interviews, and educational resources.