Wednesday, July 1, 2015
Theorizing Immigration Control
The injustices that result from immigration governance are glaring. They are so glaring that normative theorizing about such governance may seem, at best, a low priority. At worst, theorizing may seem a way of legitimizing the illegitimate.
Taken too far, this anti-theoretical attitude would be a mistake. There remains a pressing need to resolve political-moral questions concerning immigration governance.
In particular, the standard view that it is morally proper for states to have broad, possibly unfettered, power to control immigration is a root cause of many of the injustices associated with immigration. This view can only be met by attempts, theoretical in nature, to come to grips with the nature and limits of the power to control immigration.
While it suffers from inadequacies, I believe my book – Justice and Authority in Immigration Governance (2015) – makes progress toward a better understanding of what reasonably just immigration governance would look like. Below, I briefly describe the book’s claims in the presumptuous hope of provoking others to engage with the arguments for these claims.
To begin, I do not deny the right to control immigration; although I believe this right resides with states for essentially contingent reasons. Further, this right is not one of “absolute and unqualified” control. Rather, it is a right to exercise judgment regarding whether an immigrant should be admitted or not to a state’s territory.
To command authority, this judgment must be exercised reasonably. It must take account of both would-be migrants’ circumstances as well as the impact immigration will have on a receiving state. If this power of judgment is not exercised reasonably, migrants will have no obligation to obey immigration law, with all the instability this result implies.
Most rich, liberal states pursue unreasonable immigration policies now. Such unreasonableness is made manifest in the overall inegalitarianism of these policies. The tendency of most rich states to admit the well off and exclude (or exercise greater control over) the worse off leads to a disturbing correlation between disadvantage and the likelihood of suffering. Inegalitarian admissions policies are likely also unreasonable in themselves, evincing profound disregard for the situation of worse off migrants and the impact immigration would have on their lives.
What would it be to exercise the power of judgment over immigration reasonably? I propose four principles in my book.
First, any cap on immigration must be set in accordance with considerations of the need to maintain stability and the need to respect members’ legitimate expectations.
Second, under any such cap, priority of admission must be given to the worst off, where being “worst off” is a function of both the absence of rights and economic disadvantage.
Third, immigration policies must avoid second-order injustice; that is, any policy regarding admission or exclusion must not result in or require for their enforcement such blatant injustices as indefinite detention or the use of excessive force.
Fourth, there are certain migrants that states are obligated to admit to citizenship. Those are the migrants who develop a form of allegiance, which I call “juridical integration”, to the rules and principles of justice embodied and guaranteed by a state.
If you have read this far, this summary will have raised more questions than it answers. It has likely provoked skepticism. Good. I believe the principles above will minimize injustice in immigration governance and allow for the reconciliation of both migrants and non-migrants with the social and political world that results. But I also think the arguments in my book are insufficient. Making them more robust is the long-game in addressing the great evils that result from immigration control by states.
Colin Grey (email@example.com) is professeur régulier en droit des migrations at the Université du Québec à Montréal (UQÀM) and a former legal advisor to the Immigration and Refugee Board of Canda. His book, Justice and Authority in Immigration Law was published by Hart Publishing earlier this year.
Overall, it was a pretty tame debate as these things go. Among other things, Rivera said that he thinks the title of her new book, "Adios America: The Left's Plan to Turn Our Country Into a Third World Hellhole," is "insulting."
Saturday, June 27, 2015
Latinos in the United States encompass a broad range of racial, socioeconomic, and sociopolitical identities. Originating from the Caribbean, Spain, Central and South America, and Mexico, they have unique justice concerns. The ethnic group includes U.S. citizens, authorized resident aliens, and undocumented aliens, a group that has been a constant partner in the Latino legal landscape for over a century. This book addresses the development and rapid growth of the Latino population in the United States and how race-based discrimination, hate crimes, and other prejudicial attitudes, some of which have been codified via public policy, have grown in response. Salinas explores the degrading practice of racial profiling, an approach used by both federal and state law enforcement agents; the abuse in immigration enforcement; and the use of deadly force against immigrants. The author also discusses the barriers Latinos encounter as they wend their way through the court system. While all minorities face the barrier of racially based jury strikes, bilingual Latinos deal with additional concerns, since limited-English-proficient defendants depend on interpreters to understand the trial process. As a nation rich in ethnic and racial backgrounds, the United States, Salinas argues, should better strive to serve its principles of justice.
Wednesday, June 24, 2015
From the Bookshelves: Human dignity and fundamental rights in South Africa and Ireland by Anne Hughes
Post-apartheid South Africa has yielded enlightened judicial decisions in contrast to the limited interpretation of human rights in Ireland. The value of human dignity with its central position in international law underpins both countries’ Constitutions, but has left a more striking mark in South Africa. There it has impacted significantly on punishment for crimes, family life, children’s rights, defamation, sexual violence investigations, substantive equality and socio-economic rights. Practical guidance can be gleaned from South Africa to revitalise Irish jurisprudence. While its focus is on South Africa and Ireland, this book draws on the experience of many countries and regions.
Tuesday, June 23, 2015
These nine globe-trotting, unforgettable stories from Mia Alvar, a remarkable new literary talent, vividly give voice to the women and men of the Filipino diaspora. Here are exiles, emigrants, and wanderers uprooting their families from the Philippines to begin new lives in the Middle East, the United States, and elsewhere—and, sometimes, turning back again. A pharmacist living in New York smuggles drugs to his ailing father in Manila, only to discover alarming truths about his family and his past. In Bahrain, a Filipina teacher drawn to a special pupil finds, to her surprise, that she is questioning her own marriage. A college student leans on her brother, a laborer in Saudi Arabia, to support her writing ambitions, without realizing that his is the life truly made for fiction. And in the title story, a journalist and a nurse face an unspeakable trauma amidst the political turmoil of the Philippines in the 1970s and ’80s.
In the Country speaks to the heart of everyone who has ever searched for a place to call home. From teachers to housemaids, from mothers to sons, Alvar’s powerful debut collection explores the universal experiences of loss, displacement, and the longing to connect across borders both real and imagined. Deeply compassionate and richly felt, In the Country marks the emergence of a formidable new writer.
From the Bookshelves: Detained and Deported: Stories of Immigrant Families Under Fire Hardcover by Margaret Regan
An intimate look at the people ensnared by the US detention and deportation system, the largest in the world.
On a bright Phoenix morning, Elena Santiago opened her door to find her house surrounded by a platoon of federal immigration agents. Her children screamed as the officers handcuffed her and drove her away. Within hours, she was deported to the rough border town of Nogales, Sonora, with nothing but the clothes on her back. Her two-year-old daughter and fifteen-year-old son, both American citizens, were taken by the state of Arizona and consigned to foster care. Their mother’s only offense: living undocumented in the United States. Immigrants like Elena, who’ve lived in the United States for years, are being detained and deported at unprecedented rates. Thousands languish in detention centers—often torn from their families—for months or even years. Deportees are returned to violent Central American nations or unceremoniously dropped off in dangerous Mexican border towns. Despite the dangers of the desert crossing, many immigrants will slip across the border again, stopping at nothing to get home to their children. Drawing on years of reporting in the Arizona-Mexico borderlands, journalist Margaret Regan tells their poignant stories. Inside the massive Eloy Detention Center, a for-profit private prison in Arizona, she meets detainee Yolanda Fontes, a mother separated from her three small children. In a Nogales soup kitchen, deportee Gustavo Sanchez, a young father who’d lived in Phoenix since the age of eight, agonizes about the risks of the journey back. Regan demonstrates how increasingly draconian detention and deportation policies have broadened police powers, while enriching a private prison industry whose profits are derived from human suffering. She also documents the rise of resistance, profiling activists and young immigrant “Dreamers” who are fighting for the rights of the undocumented. Compelling and heart-wrenching, Detained and Deported offers a rare glimpse into the lives of people ensnared in America’s immigration dragnet.
Friday, June 19, 2015
Second year law student Vicky Yau comments on Ann Coulter's book on immigration:
Immigration has been a hot topic in politics in recent years. Presidential campaigns, gubernatorial campaigns, safe to say, the campaigns for many high political offices of this country, ring loud with candidates’ stances on immigration policies. Social and political commentator, writer, syndicated columnist, and lawyer, Ann Coulter, while not running for office, has also chimed in with her stance, in her new book, Adios America. But Coulter’s opinion on the subject stands in stark contrast to the stances bellowed out by high office hopefuls. Coulter believes the U.S. should implement an immigration policy that excludes all immigration, even legal immigration, from poor countries. In other words, Coulter is advocating a more expansive version of the highly controversial Chinese Exclusion Act of 1882. Adios America is Coulter’s warning to the world, about the danger of allowing legal immigration from poorer countries to continue. Taking into account the percentage of those immigrants whose sustenance comes from government welfare checks, the resources the government utilizes to combat social problems in those immigrant communities, etc., Coulter proclaims in Adios America that “today’s immigrants aren’t coming here to breath free, they’re coming to live for free.”
Yet, it would be interesting to see how Coulter addresses the benefits immigrants from those countries have provided for the United States
Thursday, June 18, 2015
Dream Chasers Immigration and the American Backlash by John Tirman (The MIT Press 2015)
Illegal immigration continues to roil American politics. The right-wing media stir up panic over “anchor babies,” job stealing, welfare dependence, bilingualism, al-Qaeda terrorists disguised as Latinos, even a conspiracy by Latinos to “retake” the Southwest. State and local governments have passed more than 300 laws that attempt to restrict undocumented immigrants’ access to hospitals, schools, food stamps, and driver’s licenses. Federal immigration authorities stage factory raids that result in arrests, deportations, and broken families—and leave owners scrambling to fill suddenly open jobs. The DREAM Act, which would grant permanent residency to high school graduates brought here as minors, is described as “amnesty.” And yet polls show that a majority of Americans support some kind of path to citizenship for those here illegally. What is going on? In this book, John Tirman shows how the resistance to immigration in America is more cultural than political. Although cloaked in language about jobs and secure borders, the cultural resistance to immigration expresses a fear that immigrants are changing the dominant white, Protestant, “real American” culture.
Tirman describes the “raid mentality” of our response to immigration, which seeks violent solutions for a social phenomenon. He considers the culture clash over Chicano ethnic studies in Tucson, examines the consequences of an immigration raid in New Bedford, and explores the civil rights activism of young “Dreamers.” The current “round them up, deport them, militarize the border” approach, Tirman shows, solves nothing.
John Tirman is the author of The Deaths of Others: The Fate of Civilians in America’s Wars, 100 Ways America is Screwing Up the World, and other books. He is Executive Director of MIT’s Center for International Studies, where he is also Principal Research Scientist.
Wednesday, June 17, 2015
Freedom for All: An Attorney's Guide to Fighting Human Trafficking (American Bar Association 2015), 254 pages.
Human trafficking is the reprehensible practice of physically or psychologically compelling someone to work or provide commercial sex services. An estimated 27 million people are currently enslaved worldwide, with – as of 2012 – less than 1% identified. To shrink that gap, a variety of professionals – especially attorneys – are needed to integrate identification and prevention strategies into their practices.
Human trafficking is an issue of public safety, health, migration, development, corporate practices, labor, and immigration – all of which intersect with the law. Only with additional information, tools, and resources can attorneys truly understand the various opportunities available to them to transform their interest in combatting human trafficking into action.
Justice for All: An Attorney’s Guide to Fighting Human Trafficking is the first book of its kind to address the global scale of human trafficking while preparing attorneys to bridge the gap between the less than 1% identified and the 27 million enslaved, increasing identification, expanding assistance for trafficked persons, and preventing human trafficking overall. This book also discusses why attorneys must be involved in eradicating human trafficking and why the scale of the problem is simply too vast to conquer without their engagement. Finally, it outlines the different ways to engage in anti-trafficking work, including identification among existing clients, pro bono representation, corporate and policy development, non-profit support and governance, and more.
Tuesday, June 16, 2015
From the Bookshelves: Contesting Immigration Policy in Court Legal Activism and Its Radiating Effects in the United States and France by Leila Kawar
Contesting Immigration Policy in Court Legal Activism and Its Radiating Effects in the United States and France (Part of Cambridge Studies in Law and Society) by Leila Kawar
What difference does law make in immigration policymaking? Since the 1970s, networks of progressive attorneys in both the U.S. and France have attempted to use litigation to assert rights for non-citizens. Yet judicial engagement – while numerically voluminous – remains doctrinally curtailed. This study offers new insights into the constitutive role of law in immigration policymaking by focusing on the legal frames, narratives, and performances forged through action in court. Challenging the conventional wisdom that "cause litigation" has little long term impact on policymaking unless it produces broad rights-protective principles, this book shows that legal contestation can have important radiating effects on policy by reshaping how political actors approach immigration issues. Based on extensive fieldwork in the United States and France, this book explores the paths by which litigation has effected policy change in two paradigmatically different national contexts.
First scholarly history of contemporary immigrant rights litigation
Based on a unique combination of archival research and more than sixty in-depth interviews with litigators and government attorneys in two national settings
Explicitly decenters the American experience of legal activism, allowing scholars and practitioners to consider alternative models
Wednesday, June 10, 2015
From the Bookshelves: Entangling Migration History: Borderlands and Transnationalism in the United States and Canada Edited by Benjamin Bryce and Alexander Freund
Entangling Migration History: Borderlands and Transnationalism in the United States and Canada Edited by Benjamin Bryce and Alexander Freund (University Press of Florida 2015).
For almost two centuries North America has been a major destination for international migrants, but from the late nineteenth century onward, governments began to regulate borders, set immigration quotas, and define categories of citizenship. To highlight the complexities of migration, the contributors to this volume focus on people born in the United States and Canada who migrated to the other country, as well as Japanese, Chinese, German, and Mexican migrants who came to the United States and Canada. These case studies go beyond the confines of national historiographies to situate the history of North America in an international context.
By including local, national, and transnational perspectives, the editors emphasize the value of tracking connections over large spaces and political boundaries and, in so doing, present rich new scholarship to the field. This volume ultimately contends that crucial issues in the United States and Canada, such as labor, economic growth, and ideas about the racial or religious makeup of the nations, are shaped by the two countries’ connections to each other and the surrounding world.
Here is the table of contents.
Benjamin Bryce is assistant professor in the Department of History at the University of Northern British Columbia. Alexander Freund is professor of history and chair in German-Canadian Studies at the University of Winnipeg. He is the editor of Beyond the Nation? Immigrants' Local Lives in Transnational Cultures and coeditor of Oral History and Photography.
Tuesday, June 9, 2015
When Allan Johnson asked his dying father where he wanted his ashes to be placed, his father replied—without hesitation—that it made no difference to him at all. In his poignant, powerful memoir, Not from Here, Johnson embarks on an extraordinary two-thousand-mile journey across the Upper Midwest and Great Plains to find the place where his father’s ashes belong.
As a white man of Norwegian and English lineage, Johnson explores both America and the question of belonging to a place whose history holds the continuing legacy of the displacement, dispossession, and genocide of Native Peoples. More than a personal narrative, Not from Here illuminates not only the national silence around unresolved questions of accountability, race, and identity politics but also the dilemma of how to take responsibility for a past we did not create.
Johnson’s story—of the past living in the present; of redemption, fate, family, tribe, and nation; of love and grief—raises profound questions about belonging, identity, and place.
"What it means to be white, what it means to be American, and what it means to be from a place and to belong to it are questions that Johnson raises throughout the book. He is painfully aware that as a descendant of those who took the land from others, dispossessing and displacing them, he is today the beneficiary of acts he did not perform. . . . [T]hose expecting a son's gentle memoir will be in for a surprise." —Kirkus Reviews
Monday, June 8, 2015
Luis Alberto Urrea, author of the classic book (The Devil's Highway) on the immigration enforcement along the U.S./Mexico border, has two new books on the border. Listen to this radio interview with the author on the books. Here is a summary of the show:
The border between poetry and fiction is dismantled when the poet/author is Luis Alberto Urrea. He finds a border and builds a bridge. Urrea's two most recent books, one of poetry -- The Tijuana Book of the Dead (Soft Skull Press) -- and one of short stories -- The Water Museum (Little, Brown and Company) -- work together to bridge the gap between the logical coherence of fiction and the surrealism of poetry. He deconstructs the border that acts as a brutal metaphor for the separation of people.
From the Bookshelves: Marjorie S. Zatz and Nancy Rodriguez, Dreams and Nightmares: Immigration Policy, Youth and Families
Marjorie S. Zatz, a dedicated reader of the ImmigrationProf blog, announces the publication of her new book Dreams and Nightmares: Immigration Policy, Youth and Families, co-authored with Nancy Rodriguez. The book takes a critical look at the challenges and dilemmas of immigration policy and practice in the absence of comprehensive immigration reform. The experiences of children and youth provide a prism through which the interwoven dynamics and consequences of immigration policy become apparent.
Using a unique sociolegal perspective, Zatz and Rodriguez examine the mechanisms by which immigration policies and practices mitigate or exacerbate harm to vulnerable youth. They pay particular attention to prosecutorial discretion, assessing its potential and limitations for resolving issues involving parental detention and deportation, unaccompanied minors, and Dreamers who came to the United States as young children.
The book demonstrates how these policies and practices offer a means of prioritizing immigration enforcement in ways that alleviate harm to children, and why they remain controversial and vulnerable to political challenges.
The University of California Press is offering a 30% discount code: 15E8493
Tuesday, June 2, 2015
From the Bookshelves: Review of Ben Herzog, Revoking Citizenship: Expatriation in America from the Colonial Era to the War on Terror
In this review, Leticia Saucedo, former ImmigrationProf blogger, reviews Ben Herzog, Revoking Citizenship: Expatriation in America from the Colonial Era to the War on Terror (NYU Press 2015). (The book has previously been previewed on this blog.). She concludes that
Herzog's contribution to the growing debate over membership in our polity is important for its reminder that citizenship has historically been contingent in the United States, despite the claims to constitutional status that citizenship might invoke. At 139 pages (not including notes), it is a short read that will induce the reader to rethink the nature of citizenship in our democracy.
Wednesday, May 27, 2015
Ann Coulter is in the immigration news. To promote her new book, Adios, America, Coulter sat down with Jorge Ramos for a town hall-style interview. At one point, immigration activist Gaby Pacheco stood up and asked if she could give Coulter a hug. Coulter awkwardly declined
During the interview, Ramos questioned Coulter about her belief that Americans should “fear immigrants” from Mexico “more than ISIS.” “I have a little tip,” Coulter told him. “If you don’t want to be killed by ISIS, don’t go to Syria. If you don’t want to be killed by a Mexican, there’s nothing I can tell you.”
Here is a description on Amazon.com of Coulter's new book:
"Ann Coulter is back, more fearless than ever. In Adios, America she touches the third rail in American politics, attacking the immigration issue head-on and flying in the face of La Raza, the Democrats, a media determined to cover up immigrants' crimes, churches that get paid by the government for their `charity,' and greedy Republican businessmen and campaign consultants—all of whom are profiting handsomely from mass immigration that's tearing the country apart. Applying her trademark biting humor to the disaster that is U.S. immigration policy, Coulter proves that immigration is the most important issue facing America today."
UPDATE (May 30): Yesterday, Ann Coulter said in an email to Breitbart News that if she ran the immigration system, she wouldn’t “admit overweight girls” into the United States. Coulter’s comments were reportedly made in response to a question about the incident that occurred earlier in the week when Coulter refused to hug Gaby Pacheco during an audience Q&A on the cable network Fusion.
Monday, May 25, 2015
From the Bookshelves: Global Migration: Old Assumptions, New Dynamics by Diego Acosta Arcarazo and Anja Wiesbrock, Editors
Even in an age of mobility, 97 percent of people stay in the country where they were born.
This three-volume work exposes myths and debunks misinformation about global migration, an issue generating emotional debate from the highest levels of power to kitchen tables across the United States, Europe, and worldwide. Many don't realize that migration has been a central element of global social change since the 15th century. Unfortunately, misconceptions about the 3 percent of world citizens who do choose to migrate can be destructive. In 2008, riots broke out in South Africa over workers from neighboring countries. Today's rising tensions along the U.S.-Mexican border are inciting political, social, and economic upheaval. In the EU, political fortunes rise and fall on positions regarding the future of multiculturalism in Europe.
Relying on fact, not rhetoric, this three-volume book seeks to inform readers, allay fears, and advance solutions. While other reference works tend to limit their scope to one country or one dimension of this hot-button issue, this book looks at the topic through a wide and interdisciplinary lens. Truly global in scope, this collection explores issues on all five continents, discussing examples from more than 50 countries through analysis by 40 top scholars across 8 disciplines. By exploring the past, present, and future of measures that have been implemented in an attempt to deal with migration—ranging from regularization procedures to criminalization—readers will be able to understand this worldwide phenomenon. Both the expert and the general reader will find a wealth of information free of the unsustainable claims and polarized opinions usually presented in the media.
Here is the introductory chapter of this book.
Offers the university student or interested lay reader a broad and accessible introduction to key questions on migration issues in 50 countries spanning 5 continents
Presents cutting-edge research drawn from the eight academic perspectives of law, economics, politics, sociology, demography, geography, anthropology, and history to allow the activist, journalist, or specialist to discuss the issues more thoroughly
Dispels numerous common myths surrounding migration, providing more depth and perspective than what is usually presented in the media Supplies the broad scope, accessibility, and utility to serve nearly every audience, making this three-volume work an ideal choice for libraries seeking to purchase one reference work on immigration
Authors: Diego Acosta Arcarazo, PhD, is a lecturer in law at the University of Bristol, UK. He holds a doctorate in EU migration law from King's College University, London, UK, and he previously lectured at the University of Sheffield. His published works include The Long-Term Resident Status as a Subsidiary Form of EU Citizenship and EU Security and Justice Law.
Anja Wiesbrock, PhD, is a senior judicial advisor at the Research Council of Norway. She has previously worked as an assistant professor in EU Law at the Department of International and European Law of Maastricht University, Maastricht, the Netherlands. Her published works include Legal Migration to the European Union and The Greening of European Business Under EU Law: Taking Article 11 TFEU Seriously.
Their book has benefited from the input of an advisory board composed of UN Rapporteur on the Rights of Migrants François Crépeau; the former UN rapporteur, Jorge Bustamante; and five key migration scholars: Professors Aderanti Adepoju, Binod Khadria, Wei Li, Kees Groenendijk, and Andrew Geddes. The contributors are leading scholars from five continents in eight different disciplines.
Saturday, May 23, 2015
Immigration Law & the Military addresses immigration issues encountered by:
Noncitizens serving on active duty
Noncitizens affected by disciplinary and court martial procedures
U.S. military personnel who marry citizens of other countries
Children of U.S. military personnel who are adopted overseas and are in need of immigrant/nonimmigrant visas
Immigration Law & the Military is the only resource available that gives you the tools to tackle issues such as:
Selective service and enlistment rules Special rules and procedures for naturalization through military service
Types of military discharges
Implications of military disciplinary proceedings & courts martial
Parole in Place
Military-related issues for family members of military personnel
Civilian employees/contractors who work alongside military member
In addition to the above topics,Immigration Law & the Military explores common military-related issues through real case examples and provides information on special resources available to military personnel and their family members. Confidently handle immigration cases for military personnel and their families with the help of a top expert in the field.
As a retired Lieutenant Colonel in the Military Police, U.S. Army Reserve, Margaret Stock has extensive experience with U.S. military issues. She has also worked as a professor at the United States Military Academy at West Point, and as an adjunct instructor at the University of Alaska. Margaret is a member of the board of the Federal Bar Association’s Immigration Law Section and a former member of the American Bar Association’s Commission on Immigration. In 2013, she was named a MacArthur Foundation Fellow by the John D. & Catherine T. MacArthur Foundation.
Monday, May 18, 2015
From the Bookshelves: Rights, Deportation, and Detention in the Age of Immigration Control by Tom Wong
Immigration is among the most prominent, enduring, and contentious features of our globalized world. Yet, there is little systematic, cross-national research on why countries "do what they do" when it comes to their immigration policies. Rights, Deportation, and Detention in the Age of Immigration Control addresses this gap by examining what are arguably the most contested and dynamic immigration policies—immigration control—across 25 immigrant-receiving countries, including the U.S. and most of the European Union. The book addresses head on three of the most salient aspects of immigration control: the denial of rights to non-citizens, their physical removal and exclusion from the polity through deportation, and their deprivation of liberty and freedom of movement in immigration detention. In addition to answering the question of why states do what they do, the book describes contemporary trends in what Tom K. Wong refers to as the machinery of immigration control, analyzes the determinants of these trends using a combination of quantitative analysis and fieldwork, and explores whether efforts to deter unwanted immigration are actually working.
Saturday, May 16, 2015
From the Bookshelves: The Immigration and Nationality Act of 1965: Legislating a New America, Gabriel J. Chin and Rose Cuison Villazor, editors
Watch out for this book by two of my my UC Davis colleagues!
The Immigration and Nationality Act of 1965: Legislating a New America Editors: Gabriel J. Chin and Rose Cuison Villazor (Cambridge University Press, forthcoming September 2015).
Along with the civil rights and voting rights acts, the Immigration and Nationality Act of 1965 is one of the most important bills of the civil rights era. The Act's political, legal, and demographic impact continues to be felt, yet its legacy is controversial. The 1965 Act was groundbreaking in eliminating the white America immigration policy in place since 1790, ending Asian exclusion, and limiting discrimination against Eastern European Catholics and Jews. At the same time, the Act discriminated against gay men and lesbians, tied refugee status to Cold War political interests, and shattered traditional patterns of Mexican migration, setting the stage for current immigration politics. Drawing from studies in law, political science, anthropology, and economics, this book will be an essential tool for any scholar or student interested in immigration law.
The first book devoted to the 1965 Immigration and Nationality Act Amendments. It includes contributions by scholars in law, political science, cultural studies, and economics reflect the modern interdisciplinary approach to immigration studies. The volume places the current-day immigration debates in context and provides historically informed policy suggestions.
Here is the table of contents:
Foreword Cruz Reynoso
Introduction Gabriel J. Chin and Rose Cuison Villazor
Part I. The Immigration and Nationality Act Amendments of 1965: Ushering in an Era of Racial Equality or Furthering Racial Discrimination?
1. Were the Immigration and Nationality Act Amendments of 1965 anti-racist? Gabriel J. Chin
2. African migration to the United States: assigned to the back of the bus Bill Ong Hing
3. The beginning of the end: the Immigration Act of 1965 and the emergence of the modern US-Mexico border state Kevin R. Johnson
4. The last preference: refugees and the 1965 Immigration Act Brian Soucek
Part II. The 1965 Immigration Act and Policy of Family Unification
5. The 1965 Immigration Act: family unification and non-discrimination fifty years later Rose Cuison Villazor
6. Workers without families: the unintended consequences Rhacel Salazar Parreñas and Cerissa Salazar Parreñas
7. Sexual deviants need not apply: LGBTQ oppression in the 1965 Immigration Amendments Atticus Lee
Part III. The 1965 Immigration Act and Employment-Based Immigration
8. Coming to America: the business of trafficked workers Valerie Francisco and Robyn Rodriguez
9. The impact of 1965 Immigration and Nationality Act on the evolution of temporary guest worker programs, or how the 1965 Act punted on creating a rightful place for Mexican worker migration Leticia M. Saucedo
Part IV. Political and Economic Issues
10. The 1965 Immigration Act: the demographic and political transformation of Mexicans and Mexican Americans in US border communities Jeannette Money and Kristina Victor
11. Economic performance of immigrants, following the Immigration and Nationality Act of 1965 Giovanni Peri