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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 "undo...
Some of the most pressing questions in immigration law and policy today concern the problem of immigration controls. How are immigration laws administered, and how are they enforced against those who enter and remain in a receiving country without legal permission? Comparing the United States and Germany, two of the four extended essays in this volume concern enforcement; the other two address techniques for managing high-volume asylum systems in both countries.
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.
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the ...
With a theme of membership and belonging reflected throughout, Immigration and Citizenship: Process and Policy presents exceptionally broad coverage of immigration and citizenship and their unalienable rights. The book discusses constitutional protections, deportation, and judicial review and removal procedures. The authors define immigration and citizenship to include not only the traditional questions of who is admitted and who is allowed to stay in the United States, but also the complex areas of discrimination between citizens and non-citizens, unauthorized migration, federalism, and the close interaction of constitutional law with statutes and regulations. The fifth edition integrates i...
Forced Migration: Law and Policy, 2nd edition, addresses the legal framework and policy issues raised by asylum seekers, refugees, internally displaced persons, and other forced migrants. It includes new materials on detention policies, expedited procedures, firm resettlement, fact-finding in the asylum process, gender-related persecution, maritime interdiction, particular social group, terrorism bars, the Convention Against Torture, and many other topics. The principal focus of this casebook is U.S. law and policy, but it also includes a wealth of comparative materials from many countries and regional organizations. Forced Migration provides a more expansive, in-depth treatment of topics examined in the chapter on asylum and the Convention Against Torture in the casebook, Immigration and Citizenship, Process and Policy, 7th edition, co-authored by Aleinikoff, Martin, Motomura, and Fullerton.
Pursuing Citizenship in the Enforcement Era provides readers with the everyday perspectives of immigrants on what it is like to try to integrate into American society during a time when immigration policy is focused on enforcement and exclusion. The law says that everyone who is not a citizen is an alien. But the social reality is more complicated. Ming Hsu Chen argues that the citizen/alien binary should instead be reframed as a spectrum of citizenship, a concept that emphasizes continuities between the otherwise distinct experiences of membership and belonging for immigrants seeking to become citizens. To understand citizenship from the perspective of noncitizens, this book utilizes interv...
This book offers an empirical analysis of recent pro- and anti-immigration lawmaking at state and local levels in the USA.
In this important book, a distinguished group of historians, political scientists, and legal experts explore three related issues: the Immigration and Naturalization Service's historic review of its citizenship evaluation, recent proposals to alter the oath of allegiance and the laws governing dual citizenship, and the changing rights and responsibilities of citizens and resident aliens in the United States. How Americans address these issues, the contributors argue, will shape broader debates about multiculturalism, civic virtue and national identity. The response will also determine how many immigrants become citizens and under what conditions, what these new citizens learn_and teach_about the meaning of American citizenship, and whether Americans regard newcomers as intruders or as fellow citizens with whom they share a common fate.