Unjust Borders


Book Description

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice.




The Ethics of Immigration


Book Description

Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.




Debating the Ethics of Immigration


Book Description

Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question. Appealing to the right to freedom of association, Wellman contends that legitimate states have broad discretion to exclude potential immigrants, even those who desperately seek to enter. Against this, Cole argues that the commitment to the moral equality of all human beings - which legitimate states can be expected to hold - means national borders must be open: equal respect requires equal access, both to territory and membership; and that the idea of open borders is less radical than it seems when we consider how many territorial and community boundaries have this open nature. In addition to engaging with each other's arguments, Wellman and Cole address a range of central questions and prominent positions on this topic. The authors therefore provide a critical overview of the major contributions to the ethics of migration, as well as developing original, provocative positions of their own.




Immigration Offenses


Book Description




Undocumented Migration


Book Description

Undocumented migration is a global and yet elusive phenomenon. Despite contemporary efforts to patrol national borders and mass deportation programs, it remains firmly placed at the top of the political agenda in many countries where it receives hostile media coverage and generates fierce debate. However, as this much-needed book makes clear, unauthorized movement should not be confused or crudely assimilated with the social reality of growing numbers of large, settled populations lacking full citizenship and experiencing precarious lives. From the journeys migrants take to the lives they seek on arrival and beyond, Undocumented Migration provides a comparative view of how this phenomenon plays out, looking in particular at the United States and Europe. Drawing on their extensive expertise, the authors breathe life into the various issues and debates surrounding migration, including the experiences and voices of migrants themselves, to offer a critical analysis of a hidden and too often misrepresented population.




The President and Immigration Law


Book Description

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 untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.




Beyond Deportation


Book Description

The first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration’s Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform. Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.




Immigrants and the Right to Stay


Book Description

A proposal that immigrants in the United States should be offered a path to legalized status.




Latino Immigrants in the United States


Book Description

This timely and important book introduces readers to the largest and fastest-growing minority group in the United States - Latinos - and their diverse conditions of departure and reception. A central theme of the book is the tension between the fact that Latino categories are most often assigned from above, and how those defined as Latino seek to make sense of and enliven a shared notion of identity from below. Providing a sophisticated introduction to emerging theoretical trends and social formations specific to Latino immigrants, chapters are structured around the topics of Latinidad or the idea of a pan-ethnic Latino identity, pathways to citizenship, cultural citizenship, labor, gender, transnationalism, and globalization. Specific areas of focus include the 2006 marches of the immigrant rights movement and the rise in neoliberal nativism (including both state-sponsored restrictions such as Arizona’s SB1070 and the hate crimes associated with Minutemen vigilantism). The book is a valuable contribution to immigration courses in sociology, history, ethnic studies, American Studies, and Latino Studies. It is one of the first, and certainly the most accessible, to fully take into account the plurality of experiences, identities, and national origins constituting the Latino category.




Unruly Immigrants


Book Description

In Unruly Immigrants, Monisha Das Gupta explores the innovative strategies that South Asian feminist, queer, and labor organizations in the United States have developed to assert claims to rights for immigrants without the privileges or security of citizenship. Since the 1980s many South Asian immigrants have found the India-centered “model minority” politics of previous generations inadequate to the task of redressing problems such as violence against women, homophobia, racism, and poverty. Thus they have devised new models of immigrant advocacy, seeking rights that are mobile rather than rooted in national membership, and advancing their claims as migrants rather than as citizens-to-be. Creating social justice organizations, they have inventively constructed a transnational complex of rights by drawing on local, national, and international laws to seek entitlements for their constituencies. Das Gupta offers an ethnography of seven South Asian organizations in the northeastern United States, looking at their development and politics as well as the conflicts that have emerged within the groups over questions of sexual, class, and political identities. She examines the ways that women’s organizations have defined and responded to questions of domestic violence as they relate to women’s immigration status; she describes the construction of a transnational South Asian queer identity and culture by people often marginalized by both mainstream South Asian and queer communities in the United States; and she draws attention to the efforts of labor groups who have sought economic justice for taxi drivers and domestic workers by confronting local policies that exploit cheap immigrant labor. Responding to the shortcomings of the state, their communities, and the larger social movements of which they are a part, these groups challenge the assumption that citizenship is the necessary basis of rights claims.