Recent developments under the new Trump administration have sparked controversy over mass deportations of undocumented immigrants. While the government sees this as a necessary immigration measure, the return of deported citizens to countries like Colombia and Brazil has fueled international debate on legality, human rights, and U.S. foreign relations. Beyond legal status, immigration raises ethical concerns about border security and the plight of migrants. From an Islamic perspective, teachings emphasize compassion and aid for those in distress. This article examines the controversies and implications of “illegal immigration” and how religious and ethical perspectives shape the debate.

The Language of Immigration

The term "illegal immigrants," often used interchangeably with "undocumented" or "unauthorized," can be misleading. Estimates show that about 11 million undocumented immigrants lived in the United States as of 2022—3.3 percent of the country’s overall population. An additional 2.3 million removable immigrants were released into the United States between January 2023 and April 2024 and would also be targeted in any mass deportation operation.

During his presidency, Joe Biden introduced the CBP One mobile app to streamline border crossings for migrants fleeing violence and unrest and extended Temporary Protected Status (TPS) for certain groups. In contrast, Donald Trump aims to dismantle these initiatives, significantly affecting many migrants seeking entry.

While many immigrants pursue asylum, only a small percentage of claims are approved. The Deferred Action for Childhood Arrivals (DACA) program protects about 540,000 undocumented individuals who arrived as children. However, it is currently not accepting new applications and is facing legal challenges. Most of those without authorization have long-term residency in the U.S., with over half living there for over a decade. Mexicans make up the largest demographic, while there has been an increase in immigration from Central America. The complexities of immigration policies continue to shape U.S. political discourse.

Brain-Drain and U.S Influence

Many South Americans are often motivated to migrate to the United States for economic opportunities and a better quality of life. This trend can be attributed mainly to the complex political and economic destabilisation many of their home countries face. Over the years, the U.S. has been involved in supporting coups and interventions that have led to significant turmoil in various South American nations. These actions have contributed to widespread poverty, insecurity, and a lack of institutional stability, forcing many citizens to flee, hoping for prosperity in the U.S. or other developed nations.

Similar circumstances are evident in several African countries, where the US and some Western nations have also played a role in manipulating political and economic systems, exacerbating challenges like conflict, corruption, and economic hardship. As living conditions deteriorate and opportunities dry up, individuals from these regions often feel compelled to seek refuge and opportunities in the West.

However, this pattern raises an important question: rather than encouraging a brain drain – where the most talented individuals leave their countries – why can’t a concerted effort be made to address the underlying issues that lead to dislocation? If citizens and leaders from these affected countries could prioritise collaboration over conflict, they might find pathways to stabilise their economies and political landscapes. Fostering unity and working towards overcoming individual and collective challenges could create a more sustainable future for their nations, allowing them to thrive without emigrating for better prospects.

Islamic Discourse on Immigration

From an Islamic ethical standpoint, clarity is essential in discerning what constitutes legal versus illegal actions. The teachings of Islam emphasize that lawful behavior is defined, while acts that contravene the law are equally clear-cut. Therefore, entering another country without the proper authorization or through dubious means contradicts Islamic principles and laws. There are various troubling scenarios, such as individuals who enter using fraudulent or forged documents or those who risk perilous journeys, like crossing the Sahara Desert, endangering their lives in the process. These actions stand in direct opposition to the moral and ethical standards prescribed in Islam, emphasizing the sanctity of life and the importance of truthful dealings and lawful conduct.

It is fundamental to recognize that anyone aspiring to immigrate to a new country must be aware of and abide by the local laws and regulations governing immigration processes. Each nation has established legal frameworks that dictate how immigration should occur, which are enforced by governmental authorities. Allah instructs the believers in the Quran that:

“O you who have believed, obey Allah and obey the Messenger and those in authority among you.” (Q:4:59)

By adhering to these laws, immigrants enter into a form of social contract, or mutual security arrangement, where the receiving country agrees to provide protection and safety, while the immigrant agrees to respect its laws.

One significant exception to this framework is the case of refugees — those fleeing dire circumstances such as imminent death, torture, or severe persecution due to their beliefs, family ties, or personal property. In such extreme cases where their safety is at stake, refugees may seek asylum in another country. If they find themselves in a land that offers protection, they must still present their case before the appropriate authorities to ensure their legal status and safety within that country.

Conclusion

According to Islamic ethics, the plight of refugees fleeing conflict, persecution or humanitarian crises is treated with compassion and mercy. However, Islam generally recognizes illegality as unethical and urges respect for local laws. If US policies, such as those of the Trump administration, call for the deportation of individuals without legal status, these actions may be in some ways compatible with Islamic principles. However, it is crucial to distinguish between categories of migrants. Especially in the case of individuals with temporary protection status. A more compassionate and humane approach here would be to allow those with temporary status to remain in the country as their status lasts.