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This book offers an empirical analysis of recent pro- and anti-immigration lawmaking at state and local levels in the USA.
Since 2004, the United States has seen a flurry of state and local laws dealing with unauthorized immigrants. Though initially restrictionist, these laws have recently undergone a dramatic shift toward promoting integration. How are we to make sense of this new immigration federalism? What are its causes? And what are its consequences for the federal-state balance of power? In The New Immigration Federalism, Professors Pratheepan Gulasekaram and S. Karthick Ramakrishnan provide answers to these questions using a mix of quantitative, historical, and doctrinal legal analysis. In so doing they refute the popular "demographic necessity" argument put forward by anti-immigrant activists and politicians. Instead, they posit that immigration federalism is rooted in a political process that connects both federal and subfederal actors: the Polarized Change Model. Their model captures not only the spread of restrictionist legislation but also its abrupt turnaround in 2012, projecting valuable insights for the future.
A century-long history of immigrant incarceration in the United States Today, U.S. Immigration & Customs Enforcement (ICE) detains an average of 37,000 migrants each night. To do so, they rely on, and pay for, the use of hundreds of local jails. But this is nothing new: the federal government has been detaining migrants in city and county jails for more than 100 years. In The Migrant's Jail, Brianna Nofil examines how a century of political, ideological, and economic exchange between the U.S. immigration bureaucracy and the criminal justice system gave rise to the world’s largest system of migrant incarceration. Migrant detention is not simply an outgrowth of mass incarceration; rather, it...
States have historically led in rights expansion for marginalized populations and remain leaders today on the rights of undocumented immigrants.
In many regions around the world, the governance of migration increasingly involves local authorities and actors. This edited volume introduces theoretical contributions that, departing from the 'local turn' in migration studies, highlight the distinct role that legal processes, debates, and instruments play in driving this development. Drawing on historical and contemporary case studies, it demonstrates how paying closer analytical attention to legal questions reveals the inherent tensions and contradictions of migration governance. By investigating socio-legal phenomena such as sanctuary jurisdictions, it further explores how the law structures ongoing processes of (re)scaling in this domain. Beyond offering conceptual and empirical discussions of local migration governance, this volume also directly confronts the pressing normative questions that follow from the growing involvement of local authorities and actors. This title is also available as Open Access on Cambridge Core.
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...
A leading law review offers a quality eBook edition. This first issue of 2013 (Winter 2013, Volume 80) features articles and essays from internationally recognized legal and immigration policy scholars, including an extensive Symposium on immigration and its issues of policy, law, and administrative process in the United States. In addition, the issue includes articles by scholars and student-editors on other issues of law and policy. The issue serves, in effect, as a new and extensive book on cutting-edge issues of immigration law and policy in the United States by renowned researchers in the field. It is presented in modern eBook format and features active Tables of Contents; linked footnotes and URLs; careful digital presentation; and legible tables and images.
Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equipped with a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of law with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government, along with the protection of victims by the p...
Historians have well described how US immigration policy increasingly fell under the purview of federal law and national politics in the mid-to-late nineteenth century. It is far less understood that the rights of noncitizen immigrants in the country remained primarily contested in the realms of state politics and law until the mid-to-late twentieth century. Such state-level political debates often centered on whether noncitizen immigrants should vote, count as part of the polity for the purposes of state legislative representation, work in public and publicly funded employment, or obtain professional licensure. Enacted state alienage laws were rarely self-executing, and immigrants and their...