From Exclusion to Exploitation: How U.S. Immigration Law Perpetuates Legal Violence Against Immigrants

In recent weeks, President Donald Trump has signed an executive order attempting to end birthright citizenship. A judge swiftly denied this. During his campaign, he promised to deport approximately 1 million undocumented immigrants per year which would nearly triple the 1.5 million individuals he deported during his first term. While there is a push for even more restrictive immigration laws from politicians like President Trump, current legislation allows systems of legal violence against immigrants to persist, reinforcing a historical pattern of exclusion, exploitation, and marginalization. 

Legal violence in immigration law manifests through exclusionary policies that dehumanize, alienate, and harm specific immigrant communities. An early example of legal violence against immigrants in the United States traces back to the 19th century when laws like the Chinese Exclusion Act of 1882 explicitly barred immigrants from entering the country based on nationality. These policies established a precedent for using legal mechanisms to discriminate against immigrant communities, particularly those from non-European backgrounds. Another example of legal violence against immigrants in the United States is the Immigration Act of 1924, which imposed strict quotas that heavily restricted immigration from Southern and Eastern Europe while outright banning immigrants from Asia. By prioritizing Northern and Western European immigrants, this policy institutionalized racial and ethnic discrimination, reinforcing exclusionary barriers that dehumanized and marginalized nonwhite immigrant communities. These restrictive policies persisted, shaping future immigration enforcement strategies that fluctuated based on economic and political demands. 

Throughout the 20th century, immigration policies fluctuated depending on economic and political needs. During times of labor shortages, such as during World War II, programs emerged like the Bracero Program (1942–1964) which temporarily allowed Mexican laborers into the U.S. under exploitative conditions, only to be followed by mass deportations like Operation Wetback in 1954, which forcibly removed over a million Mexican immigrants. These programs responded to concerns from farmers and American workers, similar to today’s concerns about undocumented immigrants taking economic opportunities. The result was a system that allowed American employers to take advantage of immigrant workers, perpetuating a cycle of unstable and exploitative working conditions for decades.

This workplace exploitation of immigrants continues today due to legal loopholes and enforcement disparities. Undocumented immigrants, in particular, face significant barriers to fair wages and safe working conditions. The Fair Labor Standards Act (FLSA) and other labor protections technically cover all workers, regardless of status, but enforcement remains inconsistent. Employers often take advantage of immigrant workers’ fear of deportation, using their precarious status to suppress complaints about unsafe conditions and wage theft. Additionally, programs like H-2A and H-2B (visas for workers performing temporary agricultural and non-agricultural work of a seasonal nature) often create conditions akin to indentured servitude, as visa holders are tied to a single employer and risk deportation if they leave their jobs. Financial exclusion further marginalized immigrants, particularly in higher education and social services. The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 severely restricted access to public benefits for non-citizens, including food assistance and Medicaid. Similarly, the Higher Education Act bars undocumented students from receiving federal financial aid, leaving many without viable paths to higher education. Some states have enacted policies to expand aid to undocumented students, but federal restrictions continue to reinforce systemic barriers to upward mobility.

The deportation policies of the modern day also reflect shifting political landscapes, disproportionately targeting immigrants based on race and nationality. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 expanded the list of deportable offenses and introduced mandatory detention for many non-citizens. This law, along with increased collaboration between Immigration and Customs Enforcement (ICE) and local law enforcement, led to a dramatic rise in deportations. Under the Obama administration, deportations peaked at over 400,000 per year, primarily targeting individuals with criminal records. However, the Trump administration broadened enforcement priorities to include nearly all undocumented immigrants, regardless of criminal history. He implemented policies such as the Migrant Protection Protocols (MPP), which forced asylum seekers to wait in Mexico while their cases were processed, exposing them to violence and exploitation.

Immigrants traveling to the United States also face significant dangers due to restrictive asylum policies and border enforcement measures. Title 42, a public health order invoked during the COVID-19 pandemic, allowed for the immediate expulsion of asylum seekers without due process, effectively shutting down the asylum system for years. Although the Biden administration ended Title 42 in 2023, many of its effects persist, with new policies restricting asylum eligibility based on transit through other countries or the use of new digital scheduling systems that many migrants struggle to access. The Circumvention of Lawful Pathways Rule, implemented in May 2023, limits asylum eligibility for individuals who did not seek protection in another country before reaching the U.S. border or who failed to secure an appointment through the CBP One mobile application, which has been criticized for technological barriers, language limitations, and inconsistent appointment availability. Additionally, the increasing militarization of the border, with expanded surveillance technology and a greater presence of Border Patrol agents, has pushed migrants to take more dangerous routes, resulting in thousands of deaths in treacherous terrains.

The continued legal violence against immigrants is deeply embedded in the U.S. legal system, reflecting a history of exclusion and exploitation. While advocacy groups and immigrant rights organizations continue to push for reforms, policies remain structured to prioritize enforcement and deterrence over human rights and inclusion. Without significant legislative change, the cycle of exploitation, exclusion, and deportation will continue, exacerbating the struggles of millions of immigrants seeking safety and opportunity in the United States.

Connor Swenson is a sophomore at Brown University, concentrating in Political Science and Philosophy. He is a writer for the Brown Undergraduate Law Review and can be contacted at connor_swenson@brown.edu.

Natalia Riley is a sophomore at Brown University, double concentrating in International and Public Affairs and Economics. She is an editor for the Brown Undergraduate Law Review and can be contacted at natalia_riley@brown.edu.