Immigration Outside the Law

Author: Hiroshi Motomura

Publisher: Oxford University Press

ISBN: 0199768439

Category: History

Page: 272

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"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"--

Americans in Waiting

The Lost Story of Immigration and Citizenship in the United States

Author: Hiroshi Motomura

Publisher: Oxford University Press

ISBN: 9780199887439

Category: Law

Page: 256

View: 3858

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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.

No Undocumented Child Left Behind

Plyler V. Doe and the Education of Undocumented Schoolchildren

Author: Michael A. Olivas

Publisher: NYU Press

ISBN: 0814762441

Category: Law

Page: 193

View: 2070

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Explores the issue of the education of undocumented school children, examining both financial and legal topics.

Illegally Staying in the EU

An Analysis of Illegality in EU Migration Law

Author: Benedita Menezes Queiroz

Publisher: Bloomsbury Publishing

ISBN: 150991286X

Category: Law

Page: 232

View: 3614

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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.

Afro-Caribbean Immigrants and the Politics of Incorporation

Ethnicity, Exception, or Exit

Author: Reuel R. Rogers

Publisher: Cambridge University Press

ISBN: 113945272X

Category: Political Science

Page: N.A

View: 2763

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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.

Expelling the Poor

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

ISBN: 019061921X

Category:

Page: 312

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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.

The New Immigration Federalism

Author: Pratheepan Gulasekaram,S. Karthick Ramakrishnan

Publisher: Cambridge University Press

ISBN: 110711196X

Category: Law

Page: 280

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This book offers an empirical analysis of recent pro- and anti-immigration lawmaking at state and local levels in the USA.

Outside Justice

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

ISBN: 1461466482

Category: Social Science

Page: 280

View: 4434

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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.

Policing Immigrants

Local Law Enforcement on the Front Lines

Author: Doris Marie Provine,Monica W. Varsanyi,Paul G. Lewis,Scott H. Decker

Publisher: University of Chicago Press

ISBN: 022636321X

Category: Political Science

Page: 208

View: 9498

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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.

Making Foreigners

Author: Kunal M. Parker

Publisher: Cambridge University Press

ISBN: 1107030218

Category: History

Page: 230

View: 6793

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Connects the history of immigration with histories of Native Americans, African Americans, women, the poor, Latino/a Americans and Asian Americans.

Hope and Uncertainty in Contemporary African Migration

Author: Nauja Kleist,Dorte Thorsen

Publisher: Taylor & Francis

ISBN: 1317335481

Category: Social Science

Page: 200

View: 4796

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This volume examines the relationship between hope, mobility, and immobility in African migration. Through case studies set within and beyond the continent, it demonstrates that hope offers a unique prism for analyzing the social imaginaries and aspirations which underpin migration in situations of uncertainty, deepening inequality, and delimited access to global circuits of legal mobility. The volume takes departure in a mobility paradox that characterizes contemporary migration. Whereas people all over the world are exposed to widening sets of meaning of the good life elsewhere, an increasing number of people in the Global South have little or no access to authorized modes of international migration. This book examines how African migrants respond to this situation. Focusing on hope, it explores migrants’ temporal and spatial horizons of expectation and possibility and how these horizons link to mobility practices. Such analysis is pertinent as precarious life conditions and increasingly restrictive regimes of mobility characterize the lives of many Africans, while migration continues to constitute important livelihood strategies and to be seen as pathways of improvement. Whereas involuntary immobility is one consequence, another is the emergence and consolidation of new destinations emerging in the Global South. The volume examines this development through empirically grounded and theoretically rich case studies in migrants’ countries of origin, zones of transit, and in new and established destinations in Europe, North America, the Middle East, Latin America and China. It thereby offers an original perspective on linkages between migration, hope, and immobility, ranging from migration aspirations to return.

The Case Against Immigration

The Moral, Economic, Social, and Environmental Reasons for Reducing U.S. Immigration Back to Traditional Levels

Author: Roy Howard Beck

Publisher: Roy Beck

ISBN: 0393039153

Category: Social Science

Page: 287

View: 2053

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Argues current immigration levels hurt individuals to communities

Inside Immigration Detention

Author: Mary Bosworth

Publisher: OUP Oxford

ISBN: 0191663530

Category: Political Science

Page: 272

View: 9683

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On any given day nearly 3000 foreign national citizens are detained under immigration powers in UK detention centres alone. Around the world immigrants are routinely detained in similar conditions. The institutions charged with immigrant detention are volatile and contested sites. They are also places about which we know very little. What is their goal? How do they operate? How are they justified? Inside Immigration Detention lifts the lid on the hidden world of migrant detention, presenting the first national study of life in British immigration removal centres. Offering more than just a description of life behind bars of those men and women awaiting deportation, it uses staff and detainee testimonies to revisit key assumptions about state power and the legacies of colonialism under conditions of globalization. Based on fieldwork conducted in six immigration removal centres (IRCs) between 2009 and 2012, it draws together a large amount of empirical data including: detainee surveys and interviews, staff interviews, observation, and detailed field notes. From this, the book explores how immigration removal centres identify their inhabitants as strangers, constructing them as unfamiliar, ambiguous and uncertain. In this endeavour, the establishments are greatly assisted by their resemblance to prisons and by familiar racialized narratives about foreigners and nationality. However, as staff and detainee testimonies reveal, in their interactions and day-to-day life women and men find many points of commonality. Such recognition of one another reveals the goal and effect of detention to be incomplete. Denial requires effort. In order to minimize the effort it must expend, the state 'governs at distance', via the contract. It also splits itself in two, deploying some immigration staff onsite, while keeping the actual decision-makers (the caseworkers) elsewhere, sequestered from the potentially destabilizing effects of facing up to those whom they wish to remove. Such distancing, while bureaucratically effective, contributes to the uncertainty of daily life in detention, and is often the source of considerable criticism and unease. Denial and familiarity are embodied and localized activities, whose pains and contradictions inhere in concrete relationships.

The Strange Death of Europe

Immigration, Identity, Islam

Author: Douglas Murray

Publisher: Bloomsbury Publishing

ISBN: 1472964276

Category: Political Science

Page: 384

View: 3000

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The Strange Death of Europe is the internationally bestselling account of a continent and a culture caught in the act of suicide, now updated with new material taking in developments since it was first published to huge acclaim. These include rapid changes in the dynamics of global politics, world leadership and terror attacks across Europe. Douglas Murray travels across Europe to examine first-hand how mass immigration, cultivated self-distrust and delusion have contributed to a continent in the grips of its own demise. From the shores of Lampedusa to migrant camps in Greece, from Cologne to London, he looks critically at the factors that have come together to make Europeans unable to argue for themselves and incapable of resisting their alteration as a society. Murray's "tremendous and shattering" book (The Times) addresses the disappointing failures of multiculturalism, Angela Merkel's U-turn on migration, the lack of repatriation and the Western fixation on guilt, uncovering the malaise at the very heart of the European culture. His conclusion is bleak, but the predictions not irrevocable. As Murray argues, this may be our last chance to change the outcome, before it's too late.

Necessary Evil

How to Fix Finance by Saving Human Rights

Author: David Kinley

Publisher: Oxford University Press

ISBN: 0190691123

Category: Business & Economics

Page: 304

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Finance governs almost every aspect of modern life. Every day, we use the financial system to mortgage our homes, to insure our health, to invest in our futures through education and pension funds, to feed and clothe ourselves, to be paid for our labor, and to help others in need. As the fuel of capitalism, finance has been a major force for human progress for centuries. Yet it has periodically generated disasters too, from the Great Depression to the recent sub-prime mortgage crisis. In writing Necessary Evil, eminent human rights law scholar David Kinley spent ten years immersed in researching finance's many facets--from how it is raised and what it is spent on, to when it is gambled and who wins and who loses--to produce this unique account of how finance works from a human rights perspective. He argues that while finance has historically facilitated many beneficial trends in human well-being, a sea change has occurred in the past quarter century. Since the end of the Cold War, the finance sector's power has grown by leaps and bounds, to the point where it is now out of control. Oversight of the sector has been weakened by deregulation, as powerful lobbyists have persuaded our leaders that what is good for finance is good for the economy as a whole. Kinley shows how finance has become society's master rather than its servant, and how, as a consequence, human rights concerns are so often ignored, sidelined, or crushed. Using episodes of financial malfeasance from around the globe--from the world's banking capitals to the mines of central Africa and the factories of East Asia--Kinley illustrates how the tools of international finance time and time again fail to advance the human condition. Kinley also suggests financial policies that can help protect and promote human rights and thereby regain the public trust and credibility it has so spectacularly lost over the past decade. An authoritative account of the extraordinary social consequences of the financial system at the heart of the world's economy, Necessary Evil will be an essential tool for anyone committed to making global capitalism a fairer and more effective vehicle for improving the lives of many, and not just providing for the comfort of a few.

A Nation Of Immigrants

Author: President John F. Kennedy

Publisher: Pickle Partners Publishing

ISBN: 1786258560

Category: History

Page: 88

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President John F. Kennedy’s final book, A Nation of Immigrants, is a most worthy and relevant contribution to the contemporary debate on immigration reform. Throughout his presidency, John F. Kennedy was passionate about the issue of immigration reform. He believed that America is a nation of people who value both tradition and the exploration of new frontiers, people who deserve the freedom to build better lives for themselves in their adopted homeland. This modern edition of his posthumously published, timeless work—offers the late president’s inspiring suggestions for immigration policy and presents a chronology of the main events in the history of immigration in America. As continued debates on immigration engulf the nation, this paean to the importance of immigrants to our nation’s prominence and success is as timely as ever.-Print Ed. “In this book, President Kennedy tells us what immigrants have done for America, and what America has done for its immigrants. It is one of the dramatic success stories of world history....It can stand as a testament to a cause President Kennedy cherished, and which we should carry on.”—ROBERT F. KENNEDY

The Regional Law of Refugee Protection in Africa

Author: Marina Sharpe

Publisher: Oxford University Press

ISBN: 0192560689

Category: Law

Page: 250

View: 7203

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This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part One analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the 1981 African Charter on Human and Peoples Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Conventions drafting, an interpretation of its unique refugee definition and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and complementary relationships between the two refugee instruments, as well as to the relationships between the African Refugee Convention and African Charter. Part Two focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples Rights and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa.

Who are We?

The Challenges to America's National Identity

Author: Samuel P. Huntington

Publisher: Simon and Schuster

ISBN: 9780684870533

Category: Political Science

Page: 428

View: 4468

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Analyzes the gradual erosion of American identity over the recent decades because of bilingualism, multiculturalism, and other factors and explores signs of a revival of American identity in the wake of September 11th.

Alien Nation

Chinese Migration in the Americas from the Coolie Era through World War II

Author: Elliott Young

Publisher: UNC Press Books

ISBN: 1469613409

Category: Social Science

Page: 384

View: 2418

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In this sweeping work, Elliott Young traces the pivotal century of Chinese migration to the Americas, beginning with the 1840s at the start of the "coolie" trade and ending during World War II. The Chinese came as laborers, streaming across borders legally and illegally and working jobs few others wanted, from constructing railroads in California to harvesting sugar cane in Cuba. Though nations were built in part from their labor, Young argues that they were the first group of migrants to bear the stigma of being "alien." Being neither black nor white and existing outside of the nineteenth century Western norms of sexuality and gender, the Chinese were viewed as permanent outsiders, culturally and legally. It was their presence that hastened the creation of immigration bureaucracies charged with capture, imprisonment, and deportation. This book is the first transnational history of Chinese migration to the Americas. By focusing on the fluidity and complexity of border crossings throughout the Western Hemisphere, Young shows us how Chinese migrants constructed alternative communities and identities through these transnational pathways.

The Color of Law: A Forgotten History of How Our Government Segregated America

Author: Richard Rothstein

Publisher: Liveright Publishing

ISBN: 1631492861

Category: Social Science

Page: 336

View: 7993

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"Rothstein has presented what I consider to be the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation." —William Julius Wilson In this groundbreaking history of the modern American metropolis, Richard Rothstein, a leading authority on housing policy, explodes the myth that America’s cities came to be racially divided through de facto segregation—that is, through individual prejudices, income differences, or the actions of private institutions like banks and real estate agencies. Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation—the laws and policy decisions passed by local, state, and federal governments—that actually promoted the discriminatory patterns that continue to this day. Through extraordinary revelations and extensive research that Ta-Nehisi Coates has lauded as "brilliant" (The Atlantic), Rothstein comes to chronicle nothing less than an untold story that begins in the 1920s, showing how this process of de jure segregation began with explicit racial zoning, as millions of African Americans moved in a great historical migration from the south to the north. As Jane Jacobs established in her classic The Death and Life of Great American Cities, it was the deeply flawed urban planning of the 1950s that created many of the impoverished neighborhoods we know. Now, Rothstein expands our understanding of this history, showing how government policies led to the creation of officially segregated public housing and the demolition of previously integrated neighborhoods. While urban areas rapidly deteriorated, the great American suburbanization of the post–World War II years was spurred on by federal subsidies for builders on the condition that no homes be sold to African Americans. Finally, Rothstein shows how police and prosecutors brutally upheld these standards by supporting violent resistance to black families in white neighborhoods. The Fair Housing Act of 1968 prohibited future discrimination but did nothing to reverse residential patterns that had become deeply embedded. Yet recent outbursts of violence in cities like Baltimore, Ferguson, and Minneapolis show us precisely how the legacy of these earlier eras contributes to persistent racial unrest. “The American landscape will never look the same to readers of this important book” (Sherrilyn Ifill, president of the NAACP Legal Defense Fund), as Rothstein’s invaluable examination shows that only by relearning this history can we finally pave the way for the nation to remedy its unconstitutional past.