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Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller Nov 2017

Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller

Teresa A. Miller

This article traces the evolution of “get tough” sentencing and corrections policies that were touted as the solution to a criminal justice system widely viewed as “broken” in the mid-1970s. It draws parallels to the adoption some twenty years later of harsh, punitive policies in the immigration enforcement system to address perceptions that it is similarly “broken,” policies that have embraced the theories, objectives and tools of criminal punishment, and caused the two systems to converge. In discussing the myriad of harms that have resulted from the convergence of these two systems, and the criminal justice system’s recent shift away …


Unpolished Emeralds In The Gem State: Hard-Rock Mining, Labor Unions, And Irish Nationalism In The Mountain West And Idaho, 1850-1900, Victor D. Higgins Aug 2017

Unpolished Emeralds In The Gem State: Hard-Rock Mining, Labor Unions, And Irish Nationalism In The Mountain West And Idaho, 1850-1900, Victor D. Higgins

Boise State University Theses and Dissertations

Irish immigration to the United States, extant since the 1600s, exponentially increased during the Irish Great Famine of 1845-52. For many Catholic Irish, the legacy of colonization and the Famine intensified an existing narrative of forced exile and dispossession. It also endowed them with a predisposition to identify similarities between colonial exploitation and capitalism. These factors fed a growing Irish nationalism on both sides of the Atlantic, protean in the 1700s, which reified in the 1800s, around Anglophobia. In the Mountain West where mining spearheaded exploration and settlement, the Irish made up the largest ethnic group in hard-rock mines in …


A Charitable Scheme: William Smith, Michael Schlatter, And The German Free Schools, Daniel M. Crown May 2017

A Charitable Scheme: William Smith, Michael Schlatter, And The German Free Schools, Daniel M. Crown

Theses and Dissertations

This thesis describes William Smith’s development of “German Free Schools” in Pennsylvania between 1753-1755. It argues that these schools, ostensibly meant to acclimatize German immigrants to a British colony, were in fact intended to increase pro-Proprietary sympathy, isolate sectarian preachers, and end Quaker dominance over the Pennsylvania General Assembly.


Illegitimate Bodies In Legitimate Times: Life, Liberty And The Pursuit Of Movement, Brian Culp May 2017

Illegitimate Bodies In Legitimate Times: Life, Liberty And The Pursuit Of Movement, Brian Culp

Faculty and Research Publications

Drawing on Michel Foucault’s concepts of state racism and biopower, the author of the 26th Delphine Hanna Lecture presents several claims: (a) that the idea of the illegitimate outsider in Western world governments like the United States has largely been influenced by ancient Greek ideals, (b) that a host of policies and intentional actions by power brokers create derision and hierarchies between “old” and “new” immigrant groups, and (c) neoliberal ideology couched in actions that aim “to protect the state” is nothing more than a recoding of traditional racist rhetoric that expands systemic racism. The author identifies the capabilities approach, …


Crimmigration-Counterterrorism, Margaret Hu Jan 2017

Crimmigration-Counterterrorism, Margaret Hu

Scholarly Articles

The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically driven screening technologies can be better understood through the analytical prism of “crimmigration-counterterrorism”: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced back to multiple migration law developments, including the Chinese Exclusion Act of 1882. To implement stricter immigration controls at the border and interior, both the federal and state governments developed immigration enforcement schemes that depended upon both biometric identification documents and immigration screening protocols. This Article uses contemporary attempts to implement an expanded regime of “extreme vetting” …