IT'S NO COINCIDENCE THAT OPPOSITION TO IMMIGRATION AND SUPPORT FOR ABORTION...:

The law's ancestry dates back to World War I. Till that point, U.S. immigration laws had tended to be all or nothing: either no limits at all -- or blanket bans for certain groups, such as the Chinese Exclusion Act. Others were free to enter provided they weren't "lunatics," polygamists, prostitutes, "suffering from a loathsome or a dangerous contagious disease," or so on.

The result was floods of immigrants: Between 1901 and 1910, for example, close to 9 million came to the U.S. As that happened, anti-immigrant attitudes mounted, with mass influxes from parts of Europe associated in the popular imagination with a litany of social problems, like urban poverty and squalor.

In May 1918, after the U.S. had entered World War I, Congress passed a statute called the Passport Act that gave the president the power to restrict the comings and goings of foreign citizens during wartime. A few months later, however, the war ended -- and with it, the restrictions on border crossings.

Federal officials saw potential in the criminal provisions of the Passport Act -- a maximum 20-year sentence -- as a tool for deterring immigration. So prosecutors ignored the expiration of the law and continued to indict migrants under the Passport Act for unlawful entry into the U.S.

Anti-immigration sentiment continued to climb and the rhetoric of the era has resonance today. One anti-immigration group at the time claimed that immigrants tended to be "vicious and criminal" -- the "bootleggers, gangsters, and racketeers of large cities." The war, Columbia University historian Mae Ngai has written, "raised nationalism and anti-foreign sentiment to a high pitch."

In response, Congress began clamping down. With the Immigration Act of 1924, it capped the flow at about 165,000 people a year, a small fraction of previous levels The statute's quotas curtailed migration from southern and eastern Europe severely. Another 1924 law -- the Oriental Exclusion Act -- banned most immigration from Asia. At the same time, Congress made it easier to deport non-citizens for immigration violations.

In 1925, a federal appeals court put a halt to the practice of indicting migrants under the Passport Act outside wartime. But immigration officials liked what they'd seen, and by 1927, they were working on a replacement.

Two men spearheaded the effort that would lead Congress to criminalize unlawful entry into the United States. They were motivated by eugenics and white supremacy.

The first was James Davis, who was Secretary of Labor from 1921 to 1930. A Republican originally appointed by President Warren Harding, Davis was himself an immigrant from Wales who went by "Puddler Jim," a reference to his job as a youthful worker in the steel mills of western Pennsylvania. At the time, the Department of Labor oversaw immigration, and Davis had grown disturbed by what he'd seen.

Davis was a committed eugenicist, and he believed principles of eugenics should guide immigration policy, according to The Bully Pulpit and the Melting Pot by the historian Hans Vought. It was necessary to draw a distinction, Davis had written in 1923, between "bad stock and good stock, weak blood and strong blood, sound heredity and sickly human stuff."

In November 1927, Davis proposed a set of immigration reforms in the pages of The New York Times. Among his goals: "the definite lessening and possibly, in time, the complete checking of the degenerate and the bearer of degenerates." One "phase of the immigration problem," Davis wrote, was the "surreptitious entry of aliens" into the United States in numbers that "cannot even be approximately estimated."

Deportation alone wasn't enough to deter illegal immigration, Davis wrote. There was nothing disincentivizing the migrant from turning around and trying again. "Endeavoring to stop this law violation" by deportation only, he wrote, "is like trying to prevent burglary with a penalty no severer than opening the front door of the burglarized residence, should the burglar be found within, escorting him to it, and saying 'You have no right here; see that you don't come in again.'"

An immigrant who enters the country unlawfully, he concluded, "should be treated as a law violator and punished effectively."

To bring his vision to fruition, Davis teamed up with a senator from South Carolina. Coleman Livingston Blease, a Democrat, was "a proud and unreconstructed white supremacist," UCLA history professor Kelly Lytle Hernández wrote in her 2017 book City of Inmates.

Migrants from Mexico were one group whose numbers the increasingly powerful nativist elements in Congress hadn't managed to restrict. Mexican workers were key to the booming economy of the southwest. Regional employers, particularly in the agricultural sector, had successfully lobbied Congress to block any bill that would choke off their primary source of inexpensive labor. As a result, migration from Mexico soared, with many Mexicans making illegal border crossings to avoid the cost and inconvenience of customs stations.

Blease saw in Davis's proposal for criminal penalties a way to advance his vision of a white America, and he believed it would bridge the gap between the nativists clamoring for quotas and southwestern congressmen resisting them. Large-scale farmers didn't mind criminal penalties, Hernández writes, so long as the law was enforced once the harvest was over.

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