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The restrictive provisions of the 1986 law proved to be largely ineffective, and with the
exception of a few recent enforcement measures, they remain so today. Despite a series of
hikes in the number of Border Patrol agents and funding for improved technology, the
border has remained largely permeable. Moreover, many of these border control efforts
have encouraged immigrants to seek alternative points of entry that are more dangerous
for them to cross and harder for the government to police.28 Since 1986 the government
has passed a host of laws to stem illegal immigration—from the so-called Kennebunkport
Order in the early 1990s, which authorized the Coast Guard to forcibly repatriate more
than 20,000 Haitians,29 to the 1996 Illegal Immigration Reform and Immigrant
Responsibility Act, which streamlined the deportation process and devoted still more
resources to securing the border. Yet the number of illegal immigrants in the United States
has continued to increase, from an estimated 3 million in 1986 to some 12 million in
2006. Many perceive this population to be a source of competition for native-born
workers, an affront to the rule of law, and—since 9/11—a threat to national security, but
policymakers struggle to agree on a remedy. It remains unclear how the country can
control its borders without damaging the economy, violating the rights of legal immigrants,
and fundamentally contradicting the nation’s historical commitment to offering American
freedoms and opportunity to newcomers. As the U.S. government continues to grapple
with this vexing dilemma, the heightened attention is leaving a sizable, hardworking part
of the population increasingly vulnerable.
The congressional debate over two immigration bills—one supported by the House and
another backed by the Senate and President George W. Bush—during the run-up to the
2006 midterm elections hinged on many of the same issues addressed 20 years earlier:
border security and workplace enforcement, a temporary-worker program, and legalization
of undocumented immigrants (usually characterized by its opponents as amnesty).30
In keeping with the consistent emphasis on border security, the only piece of immigration
legislation that was passed in 2006 was the Secure Fence Act, which called for two layers
of new fencing along 700 miles of the 2,000-mile U.S.-Mexico border. The fence has
generated considerable controversy. For many Americans it clashes with the country’s
history of open doors and freedom-based ideals; for others it represents a necessary
precaution against external threats.31 Generally speaking, however, lawmakers of every
political stripe tend to agree on the need to protect national security, and those who
appear to differ expose themselves to criticism. Therefore, the number of Border Patrol
agents on the U.S.-Mexican border has tripled over the last two decades; since 9/11 it has
increased by roughly 15 percent. In 2005, Congress granted the secretary of the
Homeland Security Department the authority to waive any law that stood in the way of
border security.32 In the same year, the department launched the Secure Border Initiative,
a “comprehensive, multi-year plan to secure America’s borders and reduce illegal
migration” through increased numbers of Border Patrol agents and procedural and
technological improvements.33
Workplace enforcement, like border security, is supported across much of the political
spectrum. The 2006 House and Senate bills both would have required employers to verify
their workers’ legal status through a national database of Social Security or work-
identification numbers, and would have imposed criminal penalties on those who hire
unauthorized workers. Still, attempts to control illegal immigration by monitoring the
workplace remain highly sensitive. Unauthorized immigrants are estimated to comprise
nearly 5 percent of the nation’s workforce, and perhaps as much as 70 percent of the

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