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Articles 1 - 19 of 19
Full-Text Articles in Law
The Declaration Of Independence And Immigration In The United States Of America, Kenneth M. White
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."
Workers, Families, And Immigration Policies, Shannon Gleeson
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 …
To Recognize The Tyranny Of Distance: A Spatial Reading Of Whole Women's Health V. Hellerstedt, Lisa R. Pruitt , Michele Statz
To Recognize The Tyranny Of Distance: A Spatial Reading Of Whole Women's Health V. Hellerstedt, Lisa R. Pruitt , Michele Statz
Lisa R Pruitt
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
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
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
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 …
Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan
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 …
Living Among Guatemalan Mayans Is Fascinating Experience, Irene Scharf
Living Among Guatemalan Mayans Is Fascinating Experience, Irene Scharf
Irene Scharf
I have just lived a dream. Five years ago I learned of a school where students of all ages could study Spanish intensively while living among the Guatemalan Mayans. Peace Accords had been signed in 1996, the government was encouraging tourism, and it was, finally, safe to visit.
Why a dream? Because, 25 years ago, when I traveled through Central and South America, I promised my family I would avoid Guatemala because of the perceived was dangers. During that trip, as I met my Europeans and other who had visited, remained safe, and found it a fascinating country, I vowed …
Counterpoint: Reply To Orrenius And Zavodny, Vernon Briggs
Counterpoint: Reply To Orrenius And Zavodny, Vernon Briggs
Vernon M Briggs Jr
[Excerpt] On the fundamental conclusions, the positions argued by Pia Orrenius and Madeline Zavodny and my own are in essential agreement. The immigration policy of the United States is in dire need of changes. The public concern is, in their words, “driven by the increase in immigration in recent years, particularly of unauthorized immigration.” Our mutual worries pertain to the disproportionately adverse impacts of the immigrant inflow on the nation’s low-skilled work force and the high fiscal burden borne by local communities and states with growing immigrant populations. The differences between the two papers center on the approaches taken to …
The Elusive Goal: The Quest For A Credible Immigration Policy, Vernon Briggs
The Elusive Goal: The Quest For A Credible Immigration Policy, Vernon Briggs
Vernon M Briggs Jr
[Excerpt] The starting point for all immigration reform efforts must be making the immigration system enforceable. Nothing else makes sense. Otherwise, immigration policy is on a squirrel wheel going nowhere. Illegal immigrants will keep coming in defiance of its terms.
Using Federal Documents To Dispel A Myth About Ellis Island, Katherine A. Pennavaria, Rosemary L. Meszaros
Using Federal Documents To Dispel A Myth About Ellis Island, Katherine A. Pennavaria, Rosemary L. Meszaros
Rosemary L. Meszaros
Government workers at New York’s Ellis Island have been accused of murdering ancestral names to serve their own purposes and prejudices. Despite zero evidence to support this accusation, the myth stubbornly persists. They did not change names. They worked from manifests, which were governed by law.
Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs
Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs
Vernon M Briggs Jr
[Excerpt] Over its long and often turbulent evolution, the American labor movement has confronted few issues as persistently and as difficult has those related to subject of immigration. By definition, immigration affects the size of the labor force at any given time as well as its geographical distribution and skill composition. These vital influences, in turn, affect national, regional and local labor market conditions. Most immigrants directly join the labor force upon entering the country, as do eventually most of their family members. Hence, organized labor never has ignored immigration trends. As Samuel Gompers, one of the founders of the …
Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs
Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs
Vernon M Briggs Jr
[Excerpt] Over its long and often turbulent evolution, the American labor movement has confronted few issues as persistently and as difficult has those related to subject of immigration. By definition, immigration affects the size of the labor force at any given time as well as its geographical distribution and skill composition. These vital influences, in turn, affect national, regional and local labor market conditions. Most immigrants directly join the labor force upon entering the country, as do eventually most of their family members. Hence, organized labor never has ignored immigration trends. As Samuel Gompers, one of the founders of the …
Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs
Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs
Vernon M Briggs Jr
[Excerpt] Over its long and often turbulent evolution, the American labor movement has confronted few issues as persistently and as difficult has those related to subject of immigration. By definition, immigration affects the size of the labor force at any given time as well as its geographical distribution and skill composition. These vital influences, in turn, affect national, regional and local labor market conditions. Most immigrants directly join the labor force upon entering the country, as do eventually most of their family members. Hence, organized labor never has ignored immigration trends. As Samuel Gompers, one of the founders of the …
Latina/Os, Locality, And Law In The Rural South, Lisa R. Pruitt
Latina/Os, Locality, And Law In The Rural South, Lisa R. Pruitt
Lisa R Pruitt
In this era of municipal anti-immigrant ordinances and federal-local cooperation to enforce immigration laws, legal issues associated with immigration are playing out at multiple scales, from the national down to the local. Legal actors at the municipal, county, and state levels have become front-line policymakers and law enforcers in relation to immigrant populations. This essay calls attention to phenomenal surge in Latina/o immigration into the rural South in recent years, and it considers how that socio-spatial milieu may influence these legal matters at the local level.
Among other issues, the essay discusses the enhanced opportunity for racial profiling in the …
Flying Passports Of Convenience, Karl T. Muth
Flying Passports Of Convenience, Karl T. Muth
Karl T Muth
This paper proposes an economic alternative to the legal construct of citizenship that currently dominates international law.
Soldiers And Wayward Women: Gendered Citizenship, And Migration Policy In Argentina, Italy, And Spain Since 1850, David Cook-Martín
Soldiers And Wayward Women: Gendered Citizenship, And Migration Policy In Argentina, Italy, And Spain Since 1850, David Cook-Martín
David Cook-Martín
Policies that regulate peoples international movement and their state membership have historically made distinctions based on perceived sexual differences, but little is known about the process by which this has happened. This paper explores how and with what consequences migration and nationality policies have been gendered in two quintessential countries of emigration (Italy and Spain), and in a country of immigrants (Argentina) over a 150-year period. I argue that these migration and nationality policies have reflected the dynamics of the political fields in which they have been crafted. Especially before the Great War, laws and official practices that showed a …
Sorry, But It's The Law: The Westernization Of Islam, Gwendolyn Yvonne Alexis
Sorry, But It's The Law: The Westernization Of Islam, Gwendolyn Yvonne Alexis
Gwendolyn Yvonne Alexis
The last quartile of the 20th Century vastly changed the religio-cultural landscape of the West. Previously the stronghold of Christianity, the West has entered into a period of deep diversity as a result of the unprecedented level of migration of non-Western, non-Christian peoples to western destinations. These new immigrants, with their foreign cultures and unfamiliar religions, came westward with the full expectation that they--like the diverse array of Christian emigrants who migrated westward decades before--would fully enjoy religious liberty in nations long heralded for their commitment to democratic principles and respect for civil rights. How are these immigrants faring on …
Legislative Terrorism: A Primer For The Non-Islamic State; Secularism And Different Believers, Gwendolyn Yvonne Alexis
Legislative Terrorism: A Primer For The Non-Islamic State; Secularism And Different Believers, Gwendolyn Yvonne Alexis
Gwendolyn Yvonne Alexis
In industrial societies where civil law and state institutions have become well-established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public sphere. This dissertation argues that civil law is not religiously neutral and thus challenges a central premise of secularization theory. Introducing a …