"A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--
The Lost Story of Immigration and Citizenship in the United States
Author: Hiroshi Motomura
Publisher: Oxford University Press
Although America is unquestionably a nation of immigrants, its immigration policies have inspired more questions than consensus on who should be admitted and what the path to citizenship should be. In Americans in Waiting, Hiroshi Motomura looks to a forgotten part of our past to show how, for over 150 years, immigration was assumed to be a transition to citizenship, with immigrants essentially being treated as future citizens--Americans in waiting. Challenging current conceptions, the author deftly uncovers how this view, once so central to law and policy, has all but vanished. Motomura explains how America could create a more unified society by recovering this lost history and by giving immigrants more, but at the same time asking more of them. A timely, panoramic chronicle of immigration and citizenship in the United States, Americans in Waiting offers new ideas and a fresh perspective on current debates.
Immigration and the Criminalizing Impact of Changing Policy and Practice
Author: David C Brotherton,Daniel L Stageman,Shirley P Leyro
Publisher: Springer Science & Business Media
Category: Social Science
Outside Justice: Undocumented Immigrants and the Criminal Justice System fills a clear gap in the scholarly literature on the increasing conceptual overlap between popular perceptions of immigration and criminality, and its reflection in the increasing practical overlap between criminal justice and immigration control systems. Drawing on data from the United States and other nations, scholars from a range of academic disciplines examine the impact of these trends on the institutions, communities, and individuals that are experiencing them. Individual entries address criminal victimization and labor exploitation of undocumented immigrant communities, the effects of parental detention and deportation on children remaining in destination countries, relations between immigrant communities and law enforcement agencies, and the responses of law enforcement agencies to drastic changes in immigration policy, among other topics. Taken as a whole, these essays chart the ongoing progression of social forces that will determine the well-being of Western democracies throughout the 21st century. In doing so, they set forth a research agenda for reexamining and challenging the goals of converging criminal justice and immigration control policy, and raise a number of carefully considered, ethical alternatives to the contemporary policy status quo.Contemporary immigration is the focus of highly charged rhetoric and policy innovation, both attempting to define the movement of people across national borders as fundamentally an issue of criminal justice. This realignment has had profound effects on criminal justice policy and practice and immigration control alike, and raises far-reaching implications for social inclusion, labor economies, community cohesion, and a host of other areas of immediate interest to social science researchers and practitioners.
Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.
Since its founding, the U.S. has struggled with issues of federalism and states’ rights. In almost every area of law, from abortion to zoning, conflicts arise between the states and the federal government over which entity is best suited to create and enforce laws. In the last decade, immigration has been on the front lines of this debate, with states such as Arizona taking an extremely assertive role in policing immigrants within their borders. While Arizona and its notorious SB 1070 is the most visible example of states claiming expanded responsibility to make and enforce immigration law, it is far from alone. An ordinance in Hazelton, Pennsylvania prohibited landlords from renting to the undocumented. Several states have introduced legislation to deny citizenship to babies who are born to parents who are in the United States without authorization. Other states have also enacted legislation aimed at driving out unauthorized migrants. Strange Neighbors explores the complicated and complicating role of the states in immigration policy and enforcement, including voices from both sides of the debate. While many contributors point to the dangers inherent in state regulation of immigration policy, at least two support it, while others offer empirically-based examinations of state efforts to regulate immigration within their borders, pointing to wide, state-by-state disparities in locally-administered immigration policies and laws. Ultimately, the book offers an extremely timely, thorough, and spirited discussion on an issue that will continue to dominate state and federal legislatures for years to come.
This book examines the political behavior of Afro-Caribbean immigrants in New York City to answer a familiar, but nagging question about American democracy. Does racism still complicate or limit the political integration patterns of racial minorities in the United States? With the arrival of unprecedented numbers of immigrants from Asia, Latin America, and the Caribbean over the last several decades, there is reason once again to consider this question. The country is confronting the challenge of incorporating a steady, substantial stream of non-white, non-European voluntary immigrants into the political system. Will racism make this process as difficult for these newcomers as it did for African Americans? The book concludes discrimination does interfere with the immigrants' adjustment to American political life. But their political options and strategic choices in the face of this challenge are unexpected ones, not anticipated by standard accounts in the political science literature.
Principally, this book comprises a conceptual analysis of the illegality of a third-country national's stay by examining the boundaries of the overarching concept of illegality at the EU level. Having found that the holistic conceptualisation of illegality, constructed through a combination of sources (both EU and national law) falls short of adequacy, the book moves on to consider situations that fall outside the traditional binary of legal and illegal under EU law. The cases of unlawfully staying EU citizens and of non-removable illegally staying third-country nationals are examples of groups of migrants who are categorised as atypical. By looking at these two examples the book reveals not only the fragmentation of legal statuses in EU migration law but also the more general ill-fitting and unsatisfactory categorisation of migrants. The potential conflation of illegality with criminality as a result of the way EU databases regulate the legal regime of illegality of a migrant's stay is the first trend identified by the book. Subsequently, the book considers the functions of accessing legality (both instrumental and corrective). In doing so it draws out another trend evident in the EU illegality regime: a two-tier regime which discriminates on the basis of wealth and the instrumentalisation of access to legality by Member States for mostly their own purposes. Finally, the book proposes a corrective rationale for the regulation of illegality through access to legality and provides a number of normative suggestions as a way of remedying current deficiencies that arise out of the present supranational framing of illegality.
Archbishop José Gomez has written a personal, passionate and practical contribution to the national debate about immigration - pointing the way toward a recovery of America's highest ideals. "Immigration is a human rights test of our generation. It's also a defining historical moment for America. The meaning of this hour is that we need to renew our country in the image of her founding promises of universal rights rooted in God. Immigration is about more than immigration. It's about renewing the soul of America."- Archbishop José H. Gomez Archbishop José H. Gomez is one of the leading moral voices in the American Catholic Church. He is the Archbishop of Los Angeles, the nation's largest Catholic community and the Chairman of the United States Catholic Bishops' Committee on Migration and a papal appointee to the Pontifical Commission for Latin America. Archbishop Gomez is a native of Monterrey, Mexico and a naturalized American citizen.
Atlantic Seaboard States and the Nineteenth-Century Origins of American Immigration Policy
Author: Hidetaka Hirota,Visiting Assistant Professor of History Hidetaka Hirota
Publisher: Oxford University Press
Expelling the Poor examines the origins of immigration restriction in the United States, especially deportation policy. Based on an analysis of immigration policies in major American coastal states, including New York, Massachusetts, Pennsylvania, Maryland, Louisiana, and California, itprovides the first sustained study of immigration control conducted by states prior to the introduction of federal immigration law in the late nineteenth century. The influx of impoverished Irish immigrants over the first half of the nineteenth century led nativists in New York and Massachusetts todevelop policies for prohibiting the landing of destitute foreigners and deporting those already resident in the states to Europe, Canada, or other American states. No other coastal state engaged in immigration regulation with the same level of legislative effort and success as the two states. By locating the roots of American immigration control in cultural prejudice against the Irish and, more essentially, economic concerns about their poverty in nineteenth-century New York and Massachusetts, this book fundamentally revises the history of American immigration policy, which has largelyfocused on anti-Asian racism on the West Coast. By investigating state officials' practices of illegal removal, such as the overseas deportation of those who held American citizenship, this book reveals how the state-level treatment of destitute immigrants set precedents for the assertion byAmerican officers of unrestricted power against undesirable aliens, which characterized later federal control. Beginning with Irish migrants' initial departure from Ireland, the book traces their transatlantic passage to North America, the process of their expulsion from the United States, and theirpost-deportation lives in Europe. In doing so, it places American nativism in a transnational context, demonstrating how American deportation policy operated as part of a broader legal culture of excluding non-producing members from societies in the north Atlantic world.
Author: Doris Marie Provine,Monica W. Varsanyi,Paul G. Lewis,Scott H. Decker
Publisher: University of Chicago Press
Category: Political Science
The United States deported nearly two million illegal immigrants during the first five years of the Obama presidency—more than during any previous administration. President Obama stands accused by activists of being “deporter in chief.” Yet despite efforts to rebuild what many see as a broken system, the president has not yet been able to convince Congress to pass new immigration legislation, and his record remains rooted in a political landscape that was created long before his election. Deportation numbers have actually been on the rise since 1996, when two federal statutes sought to delegate a portion of the responsibilities for immigration enforcement to local authorities. Policing Immigrants traces the transition of immigration enforcement from a traditionally federal power exercised primarily near the US borders to a patchwork system of local policing that extends throughout the country’s interior. Since federal authorities set local law enforcement to the task of bringing suspected illegal immigrants to the federal government’s attention, local responses have varied. While some localities have resisted the work, others have aggressively sought out unauthorized immigrants, often seeking to further their own objectives by putting their own stamp on immigration policing. Tellingly, how a community responds can best be predicted not by conditions like crime rates or the state of the local economy but rather by the level of conservatism among local voters. What has resulted, the authors argue, is a system that is neither just nor effective—one that threatens the core crime-fighting mission of policing by promoting racial profiling, creating fear in immigrant communities, and undermining the critical community-based function of local policing.
The book that’s helped thousands of couples around the world You’re engaged or married to a U.S. citizen or permanent resident, and all you want is the right to be together in the United States. Should be simple, right? It’s not. The pile of application forms can be overwhelming, the bureaucracy isn’t helpful, and delays are inevitable. This book will help you succeed. Discover the fastest and best application strategy. Avoid common—and serious—mistakes. Prepare for meetings with officials. Prove your marriage is real—not a fraud. Deal with the two-year testing period for new marriages. The 9th edition covers the expanded provisional waiver opportunity, and changes to application processes. It also provides checklists and sample forms throughout. Use this book if you are living in the United States or overseas and: your fiancé is a U.S. citizen your spouse is a U.S. citizen, or your spouse is a U.S. permanent resident.
"Until recently, most research on Latina/os in the U.S. has ignored historical and contemporary dynamics in Latin America, just as scholars of Latin America have generally stopped their studies at the border. This volume roots Los Angeles in the larger arena of globalization, exploring the demographic changes that have transformed the Latino presence in LA from primarily Mexican-origin to one that now includes peoples from throughout the hemisphere. Bringing together scholars from a range of disciplines, it combines historical perspectives with analyses of power and inequality to consider how Latina/os are responding to exclusionary immigration, labor, and schooling practices and actively creating communities. Book jacket."--BOOK JACKET.
There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour law. Examining and clarifying the interactions between migration, migration law and labour law, the book particularly focuses on how migration status has a bearing on labourrelations and the world of work. Contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging employer concerns over the supplyof labour over worker-protective concerns. In addition, migration law creates a particular form of status, which affects labour relations, thereby dividing the subjects of labour law. Written by leading scholars of labour law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.
How should democracies respond to the millions who want to settle in their societies? David Miller’s analysis reframes immigration as a question of political philosophy. Acknowledging the impact on host countries, he defends the right of states to control their borders and decide the future size, shape, and cultural make-up of their populations.
“An incisive look at immigration, assimilation, and national identity” (Kirkus Reviews) and the landmark immigration law that transformed the face of the nation more than fifty years ago, as told through the stories of immigrant families in one suburban county in Virginia. In the years since the 1965 Immigration and Nationality Act, the foreign-born population of the United States has tripled. Americans today are vastly more diverse than ever. They look different, speak different languages, practice different religions, eat different foods, and enjoy different cultures. In 1950, Fairfax County, Virginia, was ninety percent white, ten percent African-American, with a little more than one hundred families who were “other.” Currently the Anglo white population is less than fifty percent, and there are families of Asian, African, Middle Eastern, and Latin American origin living all over the county. “In A Nation of Nations, National Public Radio correspondent Tom Gjelten brings these changes to life” (The Wall Street Journal), following a few immigrants to Fairfax County over recent decades as they gradually “Americanize.” Hailing from Korea, Bolivia, and Libya, the families included illustrate common immigrant themes: friction between minorities, economic competition and entrepreneurship, and racial and cultural stereotyping. It’s been half a century since the Immigration and Nationality Act changed the landscape of America, and no book has assessed the impact or importance of this law as A Nation of Nations. With these “powerful human stories…Gjelten has produced a compelling and informative account of the impact of the 1965 reforms, one that is indispensable reading at a time when anti-immigrant demagoguery has again found its way onto the main stage of political discourse” (The Washington Post).