Social and Behavioral Sciences Commons^™

The Declaration Of Independence And Immigration In The United States Of America, Kenneth M. White

Kenneth White

The United States has always been a nation of immigrants, and immigration policy has always been controversial. The history of immigration in the United States is contrasted in this article with a normative standard of naturalization (immigration policy) based on the Declaration of Independence. The current immigration debate fits within a historical pattern that pits an unrestricted right of immigration (the left) against exclusive, provincial politics (the right). Both sides are simultaneously correct and incorrect. A moderate policy on immigration is possible if the debate in the United States gets an infusion of what Thomas Paine called "common sense."

A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock

Emily Ryo

Inside The Border, Outside The Law: Undocumented Immigrants And The Fourth Amendment, D. Carolina Nuñez

D. Carolina Núñez

As states enact immigration-related laws requiring local law enforcement officers to identify and detain undocumented immigrants, the Fourth Amendment rights of aliens are becoming critically important. In United States v. Verdugo-Urquidez, a divided Supreme Court suggested that aliens in the United States do not have Fourth Amendment rights unless they have established "substantial connections" to the United States. Lower courts have relied on Verdugo's holding to categorically deny Fourth Amendment rights to certain classes of undocumented immigrants. Commentators have criticized the "substantial connections" test as an isolated misinterpretation of Court precedent regarding the rights of aliens within the United States. …

Workers, Families, And Immigration Policies, Shannon Gleeson

Shannon Gleeson

[Excerpt] Unauthorized immigration to the US has a long and varied history shaped by a number of shifts in immigration policy. Of the global immigrant stock, 10–15 % is estimated to be undocumented (20–30 million; International Organization for Migration 2008). Today, undocumented immigrants comprise roughly 40 % of the immigrant flow to the US. Although immigrants often come to this country as a result of complex factors that were initiated or supported by the US—including free trade agreements and wars that devastated immigrants’ home countries and their national economies—once they become unauthorized, they find themselves in extremely vulnerable positions. Besides …

Narratives Of Deservingness And The Institutional Youth Of Immigrant Workers, Shannon Gleeson

Shannon Gleeson

This article speaks to the special issue’s goal of disrupting the deserving/undeserving immigrant narrative by critically examining eligibility criteria available under two arenas of relief for undocumented immigrants: 1) the 2012 Deferred Action for Childhood Arrivals (DACA) program, which provides temporary deportation relief and work authorization for young adults who meet an educational requirement and other criteria, and 2) current and proposed pathways to legal status for those unauthorized immigrants who come forward to denounce workplace injustice, among other crimes. For each of these categories of “deserving migrants,” I illuminate the exclusionary nature each of these requirements, which pose challenges …

A New Approach To Migrant Labor Rights Enforcement: The Crisis Of Undocumented Worker Abuse And Mexican Consular Advocacy In The United States, Xóchitl Bada, Shannon Gleeson

Shannon Gleeson

This paper examines the genesis and evolution of consular efforts to enforce the workplace rights of immigrant workers in the United States. We draw on a survey of 52 Mexican consulates in the United States, in-depth interviews with the initial cohort of 15 consular participants in the Semana de Derechos Laborales/Labor Rights Week, and several key informants who helped coordinate these efforts in the community. Our findings confirm a shift from “limited” to “active” engagement over the last decade on the part of the Mexican government (Délano 2011), placing special emphasis on the role played by non-governmental actors in producing …

Beyond The Walls: The Importance Of Community Contexts In Immigration Detention, Emily Ryo, Ian Peacock

Emily Ryo

Predicting Danger In Immigration Courts, Emily Ryo

Emily Ryo

Representing Immigrants: The Role Of Lawyers In Immigration Bond Hearings, Emily Ryo

Emily Ryo

The Little India Riot: Domestic And International Law Perspectives, Siyuan Chen

Siyuan CHEN

A riot involving hundreds of foreign labourers broke out in Little India, Singapore, on 8 December 2013. Only the second riot to occur in more than 40 years in fairly tranquil Singapore, the damage was extensive as rioters destroyed police and emergency vehicles and even injured dozens of police and civil defence personnel. The authorities only needed a few days to complete the investigations and shortly after, some of the alleged rioters were arrested and charged, while some of them were repatriated. The swiftness of the entire process prompted harsh criticism from international and local human rights groups, who claimed …

Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.

Donna M. Hughes

Legal Attitudes Of Immigrant Detainees, Emily Ryo

Emily Ryo

The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton Phd, Shannon L. Dick M.S.

Dr. Debra Bolton

This multi-lingual/multi-cultural study was called, Community Assets Processt, by the groups that “commissioned” it: Finnup Foundation, Finney County K-State Research & Extension, Western Kansas Community Foundation, Finney County United Way, Finney County Health Department, United Methodist Community Health Center (UMMAM), Center for Children and Families, Garden City Recreation Commission, and the Garden City Cultural Relations Board, because we intend for this to be an ongoing discussion. An objective, for those promoting the study, was to connect foundation, state, and federal funding with activities or services that addressed the true needs of people living in Finney County. The group was looking …

On Normative Effects Of Immigration Law.Pdf, Emily Ryo

Emily Ryo

The Promise Of A Subject-Centered Approach To Understanding Immigration Noncompliance, Emily Ryo

Emily Ryo

Fostering Legal Cynicism Through Immigration Detention, Emily Ryo

Emily Ryo

The Juarez Wives Club: Gendered Citizenship And Us Immigration Law, Ruth Gomberg-Munoz

Ruth Gomberg-Munoz

The Problem Of State Intervention In Post-Abolition Slavery: A Critique Of Consensus, Anthony Talbott, David Watkins

David Watkins

Slavery is now illegal by all states and under international law. Contrary to the hopes of abolitionists, this state of affairs has transformed rather than eradicated slavery as an institution. Furthermore, responses by states to post-abolition forms of slavery have often been less than ideal. This paper begins by comparing two state responses to slavery in the early 20th century: the federal peonage trials in Montgomery, Alabama from 1903-1905, and the federal response to an alleged epidemic of “white slavery” from 1909-1910, culminating in the passage of the White Slave-Traffic Act. Taken together, these responses engender pessimism about the state …

Moral Judgments, Expressive Functions, And Bias In Immigration Law, Emily Ryo

Emily Ryo

In a lucid and trenchant style characteristic of Professor Hiroshi Motomura’s writing, Immigration Outside the Law offers rich descriptive and prescriptive analyses of three major themes underlying debates about unauthorized migration: the meaning of unlawful presence, state and local involvement in the regulation of unauthorized migration, and the integration of unauthorized migrants into American society. This review advances several ideas that I argue are important to understanding these key themes. In brief, I suggest that a more comprehensive understanding of public debates about unauthorized migration requires examining lay moral judgments about unlawful presence, the expressive functions of immigration law, and …

Detained: A Study Of Immigration Bond Hearings, Emily Ryo

Emily Ryo

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

The Punishment/El Castigo: Undocumented Latinos And U.S. Immigration Processing, Ruth Gomberg-Munoz

Ruth Gomberg-Munoz

Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan

Anil Kalhan

In November 2014, the Obama administration announced the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiative, which built upon a program instituted two years earlier, the Deferred Action for Childhood Arrivals (DACA) initiative. As mechanisms to channel the government’s scarce resources toward its enforcement priorities more efficiently and effectively, both DACA and DAPA permit certain individuals falling outside those priorities to seek “deferred action,” which provides its recipients with time-limited, nonbinding, and revocable notification that officials have exercised prosecutorial discretion to deprioritize their removal. While deferred action thereby facilitates a highly tenuous form of quasi-legal recognition …

Less Enforcement, More Compliance, Emily Ryo

Emily Ryo

A common assumption underlying the current public discourse and legal treatment of unauthorized immigrants is that unauthorized immigrants are lawless individuals who will break the law—any law—in search of economic gain. This notion persists despite substantial empirical evidence to the contrary. Drawing on original empirical data, this Article examines unauthorized immigrants and their relationship to the law from a novel perspective to make two major contributions. First, I demonstrate that unauthorized immigrants view themselves and their noncompliance with U.S. immigration law in a manner that is strikingly different from the prevalent view of criminality and lawlessness found in popular and …

New Trends In Migratory And Refugee Law In Brazil: The Expanded Definition, Dr. Catherine J. Tinker, Laura Madrid Sartoretto

Dr. Catherine Tinker

Settlers And Immigrants In The Formation Of American Law, Aziz Rana

Aziz Rana

This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …

Invisible No More: Domestic Workers Organizing In Massachusetts And Beyond, Natalicia Tracy, Tim Sieber, Susan Moir Scd

Tim Sieber

Domestic workers across the country are making it clear that, even in a difficult political environment, it is possible to make gains for low-wage workers. For the first time in many, many decades, domestic workers are finding ways to win. They are creat
ing policy change that will improve the lives of hundreds of thousands of workers in tangible and substantial ways. The 2014 Massachusetts Domestic Workers’ Bill of Rights is the most expansive codification of rights for this long-overlooked part of the labor force ever to be enacted. In one sense, there is nothing new about domestic workers organizing …

The Ciudades Modelo Project: Testing The Legality Of Paul Romer’S Charter Cities Concept By Analyzing The Constitutionality Of The Honduran Zones For Employment And Economic Development, Michael R. Miller

Michael R Miller

Over the last several years, the Honduran government has been aggressively advancing a "model cities" project that it argues will provide options for its citizens to escape the extreme violence in their country without migrating to the U.S. The model cities, which are formally called "Zones for Employment and Economic Development" ("ZEDEs"), are purported to be autonomously governed areas that will attract foreign investment and compete for residents by establishing safer communities and better managed institutions governed by the rule of law.

The ZEDEs trace their origin to a concept formulated by development economist Paul Romer, who proposed the idea …

Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy

Tim Sieber

The Brazilian Immigrant Center (BIC) does organizing, advocacy and training to reduce marginalization of Brazilian immigrants, promoting their engagement as workers & civic participants. A worker’s center, BIC supports and defends workers’ rights under current state & US labor laws. BIC helps workers mediate complaints with employers, and refers others for class action suits, or intervention by the Mass. Attorney General or US Dept of Labor. A special focus at present is organizing mostly women domestic workers, and BIC has a new Law and Policy Clinic, a Domestic Worker Mediation Program, and an Immigration Justice Project staffed by two full-time …

Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan

Anil Kalhan

With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …