Encyclopedia of American Immigration: Paper sons


Book Description

Contains articles that address the diverse demographic, economic, legal, political, and social aspects of immigration in the United States, from the ancestors of Native Americans to the early twenty-first century, with entries arranged alphabetically from "Paper Sons" to "Zadvydas v. Davis"; includes appendixes and indexes.




Immigration Stories


Book Description

Immigration Stories brings together highly readable accounts, written by distinguished legal scholars, of 13 canonical cases that illustrate how immigration law is actually made. The authors illuminate the law's development by emphasizing the choices made (and foregone) before and during each of the litigations, including choices by immigrants and advocacy groups, private and government lawyers, Congress, the executive branch, and judges. These accounts are concerned less with legal doctrine than with the human dramas and tactical decisions that surround and give shape to that doctrine. Designed to bring the law to vivid life, this book is highly recommended as a supplement to the traditional immigration law casebook.




National Security Secrecy


Book Description

This book considers how excessive national security secrecy undercuts democracy and the rule of law, necessitating comparative and critical analysis toward potential reforms.




The Criminalization of Migration


Book Description

With over 240 million migrants in the world, including over 65 million forced migrants and refugees, states have turned to draconian measures to stem the flow of irregular migration, including the criminalization of migration itself. Canada, perceived as a nation of immigrants and touted as one of the most generous countries in the world today for its reception of refugees, has not been immune from these practices. This book examines "crimmigration" – the criminalization of migration – from national and comparative perspectives, drawing attention to the increasing use of criminal law measures, public policies, and practices that stigmatize or diminish the rights of forced migrants and refugees within a dominant public discourse that not only stereotypes and criminalizes but marginalizes forced migrants. Leading researchers, legal scholars, and practitioners provide in-depth analyses of theoretical concerns, legal and public policy dimensions, historic migration crises, and the current dynamics and future prospects of crimmigration. The editors situate each chapter within the existing migration literature and outline a way forward for the decriminalization of migration through the vigorous promotion and advancement of human rights. Building on recent legal, policy, academic, and advocacy initiatives, The Criminalization of Migration maps how the predominant trend toward the criminalization of migration in Canada and abroad can be reversed for the benefit of all, especially those forced to migrate for the protection of their inherent human rights and dignity.




Crimmigration Law


Book Description

Crimmigration Law is a must-read for law students and practitioners seeking an introduction to the complex legal doctrine and practice challenges at the merger of immigration and criminal law.




In Pursuit of Justice


Book Description

In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.




Writing Immigration


Book Description

Bringing nuance, complexity, and clarity to a subject often seen in black and white, Writing Immigration presents a unique interplay of leading scholars and journalists working on the contentious topic of immigration. In a series of powerful essays, the contributors reflect on how they struggle to write about one of the defining issues of our time—one that is at once local and global, familiar and uncanny, concrete and abstract. Highlighting and framing central questions surrounding immigration, their essays explore topics including illegal immigration, state and federal mechanisms for immigration regulation, enduring myths and fallacies regarding immigration, immigration and the economy, immigration and education, the adaptations of the second generation, and more. Together, these writings give a clear sense of the ways in which scholars and journalists enter, shape, and sometimes transform this essential yet unfinished national conversation.







Beyond Citizenship


Book Description

American identity has always been capacious as a concept but narrow in its application. Citizenship has mostly been about being here, either through birth or residence. The territorial premises for citizenship have worked to resolve the peculiar challenges of American identity. But globalization is detaching identity from location. What used to define American was rooted in American space. Now one can be anywhere and be an American, politically or culturally. Against that backdrop, it becomes difficult to draw the boundaries of human community in a meaningful way. Longstanding notions of democratic citizenship are becoming obsolete, even as we cling to them. Beyond Citizenship charts the trajectory of American citizenship and shows how American identity is unsustainable in the face of globalization. Peter J. Spiro describes how citizenship law once reflected and shaped the American national character. Spiro explores the histories of birthright citizenship, naturalization, dual citizenship, and how those legal regimes helped reinforce an otherwise fragile national identity. But on a shifting global landscape, citizenship status has become increasingly divorced from any sense of actual community on the ground. As the bonds of citizenship dissipate, membership in the nation-state becomes less meaningful. The rights and obligations distinctive to citizenship are now trivial. Naturalization requirements have been relaxed, dual citizenship embraced, and territorial birthright citizenship entrenched--developments that are all irreversible. Loyalties, meanwhile, are moving to transnational communities defined in many different ways: by race, ethnicity, gender, religion, age, and sexual orientation. These communities, Spiro boldly argues, are replacing bonds that once connected people to the nation-state, with profound implications for the future of governance. Learned, incisive, and sweeping in scope, Beyond Citizenship offers a provocative look at how globalization is changing the very definition of who we are and where we belong.