AllStances: How Should Unauthorized Immigrants Be Handled in the US?

How should unauthorized immigrants be handled in the US? Should they be incarcerated? Deported? Given a conditional pathway to citizenship?

Stance 1: Unauthorized immigrants should be considered unconditional criminals, and deported or held in migrant detention centers until deportation. Violent unauthorized immigrants should be incarcerated and deported.

Core Argument: Unauthorized immigrants enter or reside in the country illegally, making them criminals. A criminal who is living illegally in the country, regardless of their circumstances, should be detained, deported, or held in migrant detention centers inside and outside of the country. If an unauthorized immigrant is a violent criminal or gang affiliated then they should be incarcerated inside or outside of the US preceding or subsequent to deportation.

Supporting Arguments:

• According to 8 US § Code 1325, immigrants who commit any of the following are criminals, and may be charged with a misdemeanor for a first offense and a felony for a second:
  • Enters or attempts to enter the United States at any time or place other than as designated by immigration officers
  • Eludes examination or inspection by immigration officers
  • Attempts to enter or obtain entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact
• Unauthorized immigrants often commit additional crimes after criminally trespassing into the US, with over 17,000 “criminal aliens” being arrested in 2024. Hundreds of violent and sexual crimes have been committed by unauthorized immigrants, with one of the many noteworthy attacks being against UGA college student Laken Rylie.
• Even though many claim that unauthorized immigrants commit less crimes per capita than American citizens, those who illegally cross the southern border are criminals by nature of entering the country illegally, and as noncitizens of the US, any additional crimes they commit should be met with zero tolerance.
• Zero tolerance should be standard to prevent deaths like that of Kate Steinle, who was shot by an unauthorized immigrant who had been deported five times prior to her death.
• With sexual crimes in mind, various Latin American countries including Chile, Peru, and Columbia all share an age of consent of 14 years old, raising concerns of whether unauthorized immigrants are bringing unsettling sexual values to the US with no intention of assimilating.
• Almost half of all immigrant adults in the US do not speak English “very well”, which can be expected in higher rates among unauthorized immigrants, creating language barriers among unauthorized and legal residents in the US. One of the major concerns with these barriers are safety concerns while operating motor vehicles, with several studies showing lack of understanding of the English language contributing widely to motor vehicle crashes.
• All nations have a responsibility to uphold border security and the rule of law. Countries like Israel and Australia maintain strict detention and deportation policies with offshore facilities to manage the flow of migrants.
• Unauthorized immigrants propose large fiscal costs for tax payers and citizens receiving entitlements or subsidies. Education, healthcare, welfare, and other entitlements may be limited for citizens if millions of unauthorized immigrants remain in the country.
• Strict deportation policy will act as a deterrent for immigrants intending to enter the country without authorization.
• Incarceration of violent criminals or gang members is just punishment preceding or subsequent to deportation. To avoid overfilling US prisons, criminals may be deported to foreign prisons such as CECOT to serve sentencing.
• From a general ‘America First’ perspective, the US has various domestic problems needing attention and solutions, and illegal immigration is one issue that must be stopped quickly and without tolerance. Once America has regained hold of its domestic affairs, immigration laws may be reformed.

Back to top

Stance 2: Unauthorized immigrants should receive due process and be detained, deported, or given a conditional path to stay depending on behavior and criminal record.

Core Argument: Unauthorized immigrants are human beings who deserve human rights, due process, and respect. Hard work, good behavior, and assimilation should be rewarded with a path to citizenship, however, criminal activity, gang affiliations, or bad behavior should receive strict punishment of detention or deportation.

Supporting Arguments:

• Human beings, even unauthorized immigrants, deserve respect, human rights, and just due process even if they are criminal or of criminal affiliations.
• Under the Supreme Court case, Zadvydas v. Davis (2001), the US government cannot indefinitely detain an unauthorized immigrant for more than six months if there is no clear plan or reasonable chance of removal, therefore, the US justice system must respect basic rights, even when enforcing immigration law.
• Unauthorized immigrants should not be generalized as criminals, as 71.7% of ICE detainees have no criminal convictions, thus many unauthorized immigrants may simply be hardworking individuals trying to make a living or support a family.
• Over 40% of unauthorized migrants did not enter illegally through the southern border and instead overstayed visas, which is a civil violation rather than a crime.
• Providing pathways to citizenship for hardworking individuals incentivizes good behavior, as 8 out of 10 DACA recipients are currently employed with large numbers of recipients moving into better paying jobs and careers.
• Unauthorized migrants paid approximately $32.3 billion into social entitlement programs (2024), while generally, many are not eligible to collect benefits from these programs, and are therefore valuable to systems that benefit American citizens.
• Immigrant detention facilities such as the infamous ‘Alligator Alcatraz’ in the Florida Everglades appear to have “vile” conditions, holding detainees in cages, while many of the detainees do not have any criminal record, which violates basic respect and human rights.
• The Salvadoran prison CECOT (Center for Terrorism Confinement) is notorious for its human rights violations and unlawful imprisonment of supposed non-violent offenders and migrants who received no trial or due process such as Kilmar Abrego Garcia.
• Unauthorized immigrants should be treated proportionately to their behavior, where non-violent immigrants may be given more opportunities or potentially a path to residency, while violent criminals or gang affiliates should be swiftly arrested, sentenced, and ultimately removed. This position was echoed by an Obama-era policy called the Priority Enforcement Program.
• Mass deportations as proposed under Trump suggest the removal of 11 million unauthorized immigrants currently in the US. This is economically and industrially unfeasible due to billions of taxpayer dollars needed for deportations alone, alongside the American industries that would be affected, such as hospitality and agriculture. Even savings being made in any entitlements will not make up for industrial losses.
  • Donald Trump is aware of the potential impacts of removing immigrants from the hospitality and farming industry, as he claimed at a recent rally that he’d protect these workers, saying that “we’re gonna work with them”.
  • Even for criminal offenders, the US should not use tax dollars to support sending individuals to such internationally-criticized facilities (such as CECOT) which violate the Constitutional protection against cruel and unusual punishment.
• As of 2024, 64% of Americans believe that unauthorized immigrants should have a legal way to stay if they meet certain requirements such as passing a background check and having a job.
• Historically, the US has been welcoming of immigrants under terms of good behavior, as under the Immigration Reform and Control Act (1986), Ronald Reagan legalized 3 million unauthorized immigrants with conditions.

Back to top

Stance 3: Unauthorized immigrants should not be deported. They should be given rights equal to that of citizens and receive amnesty.

Core Argument: All unauthorized immigrants – regardless of how they arrived or any prior convictions – should be treated with dignity, granted full rights, and offered amnesty. Deportation and detention are inhumane extensions of systemic racism, and punitive immigration enforcement only exacerbates inequality.

Supporting Arguments:

• Human rights of life, liberty, and the pursuit of happiness are unalienable, and these rights are not forfeited due to immigration status or criminal history.
• Borders are a form of apartheid, which were created to discriminate against immigrants. All humans should have the freedom to move and relocate, especially those with exploited homelands as a result of US capitalistic imperialism.
  • The US intentionally overthrew and inserted authoritarian leaders into Latin American governments to control their economies and interests, ultimately destabilizing their governments and leading to decades of civil war, economic droughts, and indebted, US-reliant industries.
• Deporting/detaining unauthorized immigrants, especially criminals after they already served a jail sentence is inhumane and double jeopardy – often sending immigrants to death or danger. A transgender Honduran migrant, Roxana Hernandez, died in ICE custody exemplifying how detention can be a death sentence.
• Many immigrants are caught up in an unjust, systematically oppressive system, leading them to negative or unlawful lifestyles. For instance, the War on Black Immigrants is inseparable from racial capitalism and systemic abuse.
• Many unauthorized immigrants are categorized as criminals simply because they come from a different place, even if they have not committed a crime.
• Roughly 42% of unauthorized immigrants enter the country legally, often via overstayed visas or periods of admission, which is not a crime by US code of law. Another large portion of migrants in the US are asylum-seekers, which is a process in compliance with US law
• The path to legal status and citizenship is expensive, lengthy, and requires education and literacy, creating unfair barriers that privilege wealthy immigrants over those with less money or means.
• Why should a Honduran child have less opportunities for success and wellbeing than an American child? Why should US citizens have human rights in the US but a Honduran or Guatemalan doesn’t? All people regardless of immigration status should be eligible for the pursuit of happiness here in the US.
• Empathy and compassion should be expanded to all individuals. There is no such thing as “good immigrant vs. bad immigrant”. Simply being an immigrant does not make one undeserving of the virtues and opportunities of living in the US.
• Immigration & Customs Enforcement (ICE) is an enforcer of a form of militarized apartheid, which commits human rights violations and promotes a system that discriminates against foreign individuals who have less opportunity. ICE should be abolished.
• Granting amnesty and a path to citizenship should ultimately include citizen rights such as voting, education, and healthcare. These are not gifts but rather acts of restorative justice for systemic inequities. No immigrant should be treated differently or have different rights simply because they were born somewhere else or come from different circumstances.
  • “It is unfair to prohibit noncitizen voting because the naturalization process is so difficult, that allowing noncitizens to vote doesn't discourage them from seeking citizenship, and that allowing noncitizens to vote promotes policy that benefits society as a whole.”

Back to top