United States Code


Book Description

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.




Rights, Deportation, and Detention in the Age of Immigration Control


Book Description

Immigration is among the most prominent, enduring, and contentious features of our globalized world. Yet, there is little systematic, cross-national research on why countries "do what they do" when it comes to their immigration policies. Rights, Deportation, and Detention in the Age of Immigration Control addresses this gap by examining what are arguably the most contested and dynamic immigration policies—immigration control—across 25 immigrant-receiving countries, including the U.S. and most of the European Union. The book addresses head on three of the most salient aspects of immigration control: the denial of rights to non-citizens, their physical removal and exclusion from the polity through deportation, and their deprivation of liberty and freedom of movement in immigration detention. In addition to answering the question of why states do what they do, the book describes contemporary trends in what Tom K. Wong refers to as the machinery of immigration control, analyzes the determinants of these trends using a combination of quantitative analysis and fieldwork, and explores whether efforts to deter unwanted immigration are actually working.




National Insecurities


Book Description

For over a century, deportation and exclusion have defined eligibility for citizenship in the United States and, in turn, have shaped what it means to be American. In this broad analysis of policy from 1882 to present, Deirdre Moloney places current debates about immigration issues in historical context. Focusing on several ethnic groups, Moloney closely examines how gender and race led to differences in the implementation of U.S. immigration policy as well as how poverty, sexuality, health, and ideologies were regulated at the borders. Emphasizing the perspectives of immigrants and their advocates, Moloney weaves in details from case files that illustrate the impact policy decisions had on individual lives. She explores the role of immigration policy in diplomatic relations between the U.S. and other nations, and shows how federal, state, and local agencies had often conflicting priorities and approaches to immigration control. Throughout, Moloney traces the ways that these policy debates contributed to a modern understanding of citizenship and human rights in the twentieth century and even today.




At America's Gates


Book Description

With the Chinese Exclusion Act of 1882, Chinese laborers became the first group in American history to be excluded from the United States on the basis of their race and class. This landmark law changed the course of U.S. immigration history, but we know little about its consequences for the Chinese in America or for the United States as a nation of immigrants. At America's Gates is the first book devoted entirely to both Chinese immigrants and the American immigration officials who sought to keep them out. Erika Lee explores how Chinese exclusion laws not only transformed Chinese American lives, immigration patterns, identities, and families but also recast the United States into a "gatekeeping nation." Immigrant identification, border enforcement, surveillance, and deportation policies were extended far beyond any controls that had existed in the United States before. Drawing on a rich trove of historical sources--including recently released immigration records, oral histories, interviews, and letters--Lee brings alive the forgotten journeys, secrets, hardships, and triumphs of Chinese immigrants. Her timely book exposes the legacy of Chinese exclusion in current American immigration control and race relations.




Deportation Nation


Book Description

"The danger of deportation hangs over the head of virtually every noncitizen in the United States. In the complexities and inconsistencies of immigration law, one can find a reason to deport almost any noncitizen at almost any time. In recent years, the system has been used with unprecedented vigor against millions of deportees. We are a nation of immigrants--but which ones do we want, and what do we do with those that we don't? These questions have troubled American law and politics since colonial times. Deportation Nation is a chilling history of communal self-idealization and self-protection. The post-Revolutionary Alien and Sedition Laws, the Fugitive Slave laws, the Indian ""removals,"" the Chinese Exclusion Act, the Palmer Raids, the internment of the Japanese Americans--all sought to remove those whose origins suggested they could never become ""true"" Americans. And for more than a century, millions of Mexicans have conveniently served as cheap labor, crossing a border that was not official until the early twentieth century and being sent back across it when they became a burden. By illuminating the shadowy corners of American history, Daniel Kanstroom shows that deportation has long been a legal tool to control immigrants' lives and is used with increasing crudeness in a globalized but xenophobic world."




The Deportation Machine


Book Description

"By most accounts, the United States has deported around five million people since 1882-but this includes only what the federal government calls "formal deportations." "Voluntary departures," where undocumented immigrants who have been detained agree to leave within a specified time period, and "self-deportations," where undocumented immigrants leave because legal structures in the United States have made their lives too difficult and frightening, together constitute 90% of the undocumented immigrants who have been expelled by the federal government. This brings the number of deportees to fifty-six million. These forms of deportation rely on threats and coercion created at the federal, state, and local levels, using large-scale publicity campaigns, the fear of immigration raids, and detentions to cost-effectively push people out of the country. Here, Adam Goodman traces a comprehensive history of American deportation policies from 1882 to the present and near future. He shows that ome of the country's largest deportation operations expelled hundreds of thousands of people almost exclusively through the use of voluntary departures and through carefully-planned fear campaigns that terrified undocumented immigrants through newspaper, radio, and television publicity. These deportation efforts have disproportionately targeted Mexican immigrants, who make up half of non-citizens but 90% of deportees. Goodman examines the political economy of these deportation operations, arguing that they run on private transportation companies, corrupt public-private relations, and the creation of fear-based internal borders for long-term undocumented residents. He grounds his conclusions in over four years of research in English- and Spanish-language archives and twenty-five oral histories conducted with both immigration officials and immigrants-revealing for the first time the true magnitude and deep historical roots of anti-immigrant policy in the United Statesws that s




Immigration Outside the Law


Book Description

"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 "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--




United States Attorneys' Manual


Book Description




Impossible Subjects


Book Description

This book traces the origins of the "illegal alien" in American law and society, explaining why and how illegal migration became the central problem in U.S. immigration policy—a process that profoundly shaped ideas and practices about citizenship, race, and state authority in the twentieth century. Mae Ngai offers a close reading of the legal regime of restriction that commenced in the 1920s—its statutory architecture, judicial genealogies, administrative enforcement, differential treatment of European and non-European migrants, and long-term effects. She shows that immigration restriction, particularly national-origin and numerical quotas, remapped America both by creating new categories of racial difference and by emphasizing as never before the nation's contiguous land borders and their patrol. Some images inside the book are unavailable due to digital copyright restrictions.




Threat of Dissent


Book Description

In this first comprehensive overview of the intersection of immigration law and the First Amendment, a lawyer and historian traces ideological exclusion and deportation in the United States from the Alien Friends Act of 1798 to the evolving policies of the Trump administration. Beginning with the Alien Friends Act of 1798, the United States passed laws in the name of national security to bar or expel foreigners based on their beliefs and associations—although these laws sometimes conflict with First Amendment protections of freedom of speech and association or contradict America’s self-image as a nation of immigrants. The government has continually used ideological exclusions and deportations of noncitizens to suppress dissent and radicalism throughout the twentieth and twenty-first centuries, from the War on Anarchy to the Cold War to the War on Terror. In Threat of Dissent—the first social, political, and legal history of ideological exclusion and deportation in the United States—Julia Rose Kraut delves into the intricacies of major court decisions and legislation without losing sight of the people involved. We follow the cases of immigrants and foreign-born visitors, including activists, scholars, and artists such as Emma Goldman, Ernest Mandel, Carlos Fuentes, Charlie Chaplin, and John Lennon. Kraut also highlights lawyers, including Clarence Darrow and Carol Weiss King, as well as organizations, like the ACLU and PEN America, who challenged the constitutionality of ideological exclusions and deportations under the First Amendment. The Supreme Court, however, frequently interpreted restrictions under immigration law and upheld the government’s authority. By reminding us of the legal vulnerability foreigners face on the basis of their beliefs, expressions, and associations, Kraut calls our attention to the ways that ideological exclusion and deportation reflect fears of subversion and serve as tools of political repression in the United States.