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Semblances of Sovereignty
In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"-...
International Legal Norms and Migration
Offprint and the introductory chapter of a monograph to appear under the title : Migration and international legal norms, edited by T. Alexander Aleinikoff and Vincent Chetail, published by T.M.C. Asser Press in early 2003.
Citizenship Policies for an Age of Migration
Many liberal democracies, facing high levels of immigration, are rethinking their citizenship policies. In this book, a group of international experts discuss various ways liberal states should fashion their policies to better accommodate newcomers. They offer detailed recommendations on issues of acquisition of citizenship, dual nationality, and the political, social, and economic rights of immigrants. Contributors include Patrick Weil (University of Paris Sorbonne), David A. Martin, (University of Virginia School of Law), Rainer Bauböck, (Austrian Academy of Sciences), and Michael Fix (Urban Institute).
Between Principles and Politics
Author T. Alexander Aleinkoff cuts through partisan rhetoric to provide an analysis of current U.S. citizenship policy and the possible alternatives. He advances his strongest case for a model that promotes the integration of resident aliens as prospective full citizens.
Migration and International Legal Norms
This volume provides a comprehensive and up-to-date analysis of the source and scope of international law on migration. It explores international norms on state authority to regulate migration, freedom of movement, forced migration, human rights, family unification, trafficking and smuggling of migrants, national security, rescue at sea, health, development, integration, and nationality. Migration and International Legal Norms shows that, despite the absence of a comprehensive legal instrument governing international migration, there is a wide range of legal norms relevant to migration embodied in multilateral treaties and conventions, regional agreements, and customary international law. It also identifies some significant gaps in international law, recommending areas for further cooperative efforts. This volume will be of interest to scholars and policy-makers, and to all those interested in how the community of nations is responding to the increasingly significant phenomenon of international migration.
Immigration and Citizenship
The Ninth Edition of this pathbreaking casebook continues its tradition of comprehensive coverage, with problems and exercises that allow students to hone skills as counselors, litigators, and policy advisors. These virtues have become especially important in light of the many changes to immigration and citizenship law since the Eighth Edition went to press in mid-2016. This new edition opens with a reworked foundational chapter that guides students through the casebook in two key dimensions: a basic framework for constitutional immigration law, and an overview of the core administrative law principles that recently have risen to prominence in the making of immigration and citizenship law. This Ninth Edition has thoroughly updated coverage of admissions categories, unauthorized migrants, admission procedures, detention, citizenship, removability, refugees and asylum, federal enforcement, and state and local measures. The treatment of every topic is streamlined, making for a slimmer volume. In each chapter, the Ninth Edition emphasizes both core and cutting-edge issues, while optimizing teachability for a wide variety of course settings.
Immigration and Citizenship
The seventh edition of this pioneering casebook continues its tradition of comprehensive coverage, with problems and exercises that allow students to hone skills as counselors, as litigators, and as policy advisors. At the same time, the casebook situates immigration and citizenship law within broader contexts of constitutional and administrative law as well as current political debates. This new edition is reorganized for more efficient coverage, with an introductory chapter on immigration history; treatment of unauthorized migration alongside lawful admissions; consolidated treatment of inadmissibility and deportability; reworked materials on state and local enforcement; and thorough redesign of materials on criminal convictions.
Citizenship Today
The forms, policies, and practices of citizenship are changing rapidly around the globe, and the meaning of these changes is the subject of deep dispute. Citizenship Today brings together leading experts in their field to define the core issues at stake in the citizenship debates. The first section investigates central trends in national citizenship policy that govern access to citizenship, the rights of aliens, and plural nationality. The following section explores how forms of citizenship and their practice are, can, and should be located within broader institutional structures. The third section examines different conceptions of citizenship as developed in the official policies of governm...
Forced Migration
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.
From Migrants to Citizens
Citizenship policies are changing rapidly in the face of global migration trends and the inevitable ethnic and racial diversity that follows. The debates are fierce. What should the requirements of citizenship be? How can multi-ethnic states forge a collective identity around a common set of values, beliefs and practices? What are appropriate criteria for admission and rights and duties of citizens? This book includes nine case studies that investigate immigration and citizenship in Australia, the Baltic States, Canada, the European Union, Israel, Mexico, Russia, South Africa and the United States. This complete collection of essays scrutinizes the concrete rules and policies by which states...
