Making Foreigners

Immigration and Citizenship Law in America, 1600–2000
Author: Kunal M. Parker
Publisher: Cambridge University Press
ISBN: 1316368300
Category: History
Page: N.A
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This book reconceptualizes the history of US immigration and citizenship law from the colonial period to the beginning of the twenty-first century by joining the histories of immigrants to those of Native Americans, African Americans, women, Asian Americans, Latino/a Americans and the poor. Parker argues that during the earliest stages of American history, being legally constructed as a foreigner, along with being subjected to restrictions on presence and movement, was not confined to those who sought to enter the country from the outside, but was also used against those on the inside. Insiders thus shared important legal disabilities with outsiders. It is only over the course of four centuries, with the spread of formal and substantive citizenship among the domestic population, a hardening distinction between citizen and alien, and the rise of a powerful centralized state, that the uniquely disabled legal subject we recognize today as the immigrant has emerged.

Common Law, History, and Democracy in America, 1790–1900

Legal Thought before Modernism
Author: Kunal M. Parker
Publisher: Cambridge University Press
ISBN: 1139496360
Category: History
Page: N.A
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This book argues for a change in our understanding of the relationships among law, politics and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.

The Law that Changed the Face of America

The Immigration and Nationality Act of 1965
Author: Margaret Sands Orchowski
Publisher: Rowman & Littlefield
ISBN: 1442251379
Category: Political Science
Page: 240
View: 9816

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2015 marks the 50th anniversary of the passage of the Immigration and Nationality Act (INA) of 1965—a landmark decision that made the United State the diverse nation it is today. The Law that Changed the Face of America, Congressional journalist and immigration expert Margaret Sands Orchowski delivers a never before told story of how immigration laws have moved in constant flux and revision throughout our nation’s history.

Laws Harsh As Tigers

Chinese Immigrants and the Shaping of Modern Immigration Law
Author: Lucy E. Salyer
Publisher: Univ of North Carolina Press
ISBN: 9780807864319
Category: Law
Page: 360
View: 8966

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Focusing primarily on the exclusion of the Chinese, Lucy Salyer analyzes the popular and legal debates surrounding immigration law and its enforcement during the height of nativist sentiment in the early twentieth century. She argues that the struggles between Chinese immigrants, U.S. government officials, and the lower federal courts that took place around the turn of the century established fundamental principles that continue to dominate immigration law today and make it unique among branches of American law. By establishing the centrality of the Chinese to immigration policy, Salyer also integrates the history of Asian immigrants on the West Coast with that of European immigrants in the East. Salyer demonstrates that Chinese immigrants and Chinese Americans mounted sophisticated and often-successful legal challenges to the enforcement of exclusionary immigration policies. Ironically, their persistent litigation contributed to the development of legal doctrines that gave the Bureau of Immigration increasing power to counteract resistance. Indeed, by 1924, immigration law had begun to diverge from constitutional norms, and the Bureau of Immigration had emerged as an exceptionally powerful organization, free from many of the constraints imposed upon other government agencies.

U.S. Immigration and Naturalization Laws and Issues

A Documentary History
Author: Michael C. LeMay,Elliott Robert Barkan
Publisher: Greenwood Publishing Group
ISBN: 9780313301568
Category: Law
Page: 336
View: 7483

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A collection of one hundred primary documents--including court cases, opinion pieces, and other materials--traces the history of naturalization and immigration policy enacted by the United States government to control migration since its founding.

Targeted

Homeland Security and the Business of Immigration
Author: Deepa Fernandes
Publisher: Seven Stories Press
ISBN: 158322954X
Category: Social Science
Page: 244
View: 747

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America has always portrayed itself as a country of immigrants, welcoming each year the millions seeking a new home or refuge in this land of plenty. Increasingly, instead of finding their dream, many encounter a nightmare—a country whose culture and legal system aggressively target and prosecute them. In Targeted, journalist Deepa Fernandes seamlessly weaves together history, political analysis, and first-person narratives of those caught in the grips of the increasingly Kafkaesque U.S. Homeland Security system. She documents how in post-9/11 America immigrants have come to be deemed a national security threat. Fernandes—herself an immigrant well-acquainted with U.S. immigration procedures—takes the reader on a harrowing journey inside the new American immigrant experience, a journey marked by militarized border zones, racist profiling, criminalization, detention and deportation. She argues that since 9/11, the Bush administration has been carrying out a series of systematic changes to decades-old immigration policy that constitute a roll back of immigrant rights and a boon for businesses who are helping to enforce the crackdown on immigrants, creating a growing "Immigration Industrial Complex." She also documents the bullet-to-ballot strategy of white supremacist elements that influence our new immigration legislation.

The INS on the Line

Making Immigration Law on the US-Mexico Border, 1917-1954
Author: S. Deborah Kang
Publisher: Oxford University Press
ISBN: 0199757437
Category:
Page: 296
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"For much of the twentieth century, Immigration and Naturalization Service (INS) officials recognized that the US-Mexico border region was a special case. Here, the INS confronted a set of political, social, and environmental obstacles that prevented it from replicating its achievements at the immigration stations of Angel Island and Ellis Island. In response to these challenges, local INS officials resorted to the law--amending, nullifying, and even rewriting the nation's immigration laws for the borderlands, as well as enforcing them. In The INS on the Line, S. Deborah Kang traces the ways in which the INS on the US-Mexico border made the nation's immigration laws over the course of the twentieth century. While the INS is primarily thought to be a law enforcement agency, Kang demonstrates that the agency also defined itself as a lawmaking body. Through a nuanced examination of the agency's admission, deportation, and enforcement practices in the Southwest, she reveals how local immigration officials constructed a complex approach to border control, one that closed the line in the name of nativism and national security, opened it for the benefit of transnational economic and social concerns, and redefined it as a vast legal jurisdiction for the policing of undocumented immigrants. Despite its contingent and local origins, this composite approach to border control, Kang concludes, continues to inform the daily operations of the nation's immigration agencies, American immigration law and policy, and conceptions of this border today"--

In Sight of America

Photography and the Development of U.S. Immigration Policy
Author: Anna Pegler-Gordon
Publisher: Univ of California Press
ISBN: 0520252985
Category: History
Page: 319
View: 2616

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In the late 19th century, photography became a central tool of U.S. immigration policy. This book explores the history of immigration through the prism of visual culture, discussing the purpose & meaning of visual images in this context.

The Two Faces of American Freedom


Author: Aziz Rana
Publisher: Harvard University Press
ISBN: 0674058968
Category: History
Page: 427
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This is a sweeping new interpretation of the national experience, reconceiving key political events from the Revolution to the New Deal. Rana begins by emphasizing that the national founding was first and foremost an experiment in settler colonization. For American settlers, internal self-government involved a unique vision of freedom, which combined direct political participation with economic independence. However, this independence was based on ideas of extensive land ownership which helped to sustain both territorial conquest and the subordination of slaves and native peoples. At the close of the nineteenth century, emerging social movements struggled to liberate the potential of self-rule from these oppressive and exclusionary features. These efforts ultimately collapsed, in large part because white settlers failed to conceive of liberty as a truly universal aspiration. The consequence was the rise of new modes of political authority that presented national and economic security as society’s guiding commitments. Rana contends that the challenge for today’s reformers is to recover a robust notion of independence and participation from the settler experience while finally making it universal.

The Invention of the Passport

Surveillance, Citizenship and the State
Author: John C. Torpey
Publisher: Cambridge University Press
ISBN: 1108473903
Category: History
Page: 278
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The definitive history of the passport and why it became so important for controlling movement in the modern world.

Documenting Individual Identity

The Development of State Practices in the Modern World
Author: Jane Caplan,John Torpey
Publisher: Princeton University Press
ISBN: 0691186855
Category: History
Page: N.A
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This book addresses one of the least studied yet most pervasive aspects of modern life--the techniques and mechanisms by which official agencies certify individual identity. From passports and identity cards to labor registration and alien documentation, from fingerprinting to much-debated contemporary issues such as DNA-typing, body surveillance, and the catastrophic results of colonial-era identity documentation in postcolonial Rwanda, Documenting Individual Identity offers the most comprehensive historical overview of this fascinating topic ever published. The nineteen essays in this volume represent the collaborative effort of historians, sociologists, historians of science, political scientists, economists, and specialists in international relations. Together they cover a period from the emergence of systematic practices of written identification in early modern Europe through to the present day, and a geographic range that includes Europe, the Soviet Union, North and South America, and Africa. While the book is attuned to the nefarious possibilities of states' increasing capacity to identify individuals, it recognizes that these same techniques also certify citizens' eligibility for significant positive rights, such as welfare benefits and voting. Unprecedented in subject and scope, Documenting Individual Identity promises to shape a whole new field of research that crosses disciplinary boundaries and is of broad public and academic significance. In addition to the editors, the contributors are Valentin Groebner, Gérard Noiriel, Charles Steinwedel, Marc Garcelon, Jon Agar, Martine Kaluszynski, Peter Becker, Anne Joseph, Kristin Ruggiero, Andrea Geselle, Andreas Fahrmeier, Leo Lucassen, Pamela Sankar, David Lyon, Gary Marx, Dita Vogel, and Timothy Longman.

Manifest Destinies, Second Edition

The Making of the Mexican American Race
Author: Laura E. Gómez
Publisher: NYU Press
ISBN: 1479850683
Category: History
Page: 320
View: 4544

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An essential resource for understanding the complex history of Mexican Americans and racial classification in the United States Manifest Destinies tells the story of the original Mexican Americans—the people living in northern Mexico in 1846 during the onset of the Mexican American War. The war abruptly came to an end two years later, and 115,000 Mexicans became American citizens overnight. Yet their status as full-fledged Americans was tenuous at best. Due to a variety of legal and political maneuvers, Mexican Americans were largely confined to a second class status. How did this categorization occur, and what are the implications for modern Mexican Americans? Manifest Destinies fills a gap in American racial history by linking westward expansion to slavery and the Civil War. In so doing, Laura E Gómez demonstrates how white supremacy structured a racial hierarchy in which Mexican Americans were situated relative to Native Americans and African Americans alike. Steeped in conversations and debates surrounding the social construction of race, this book reveals how certain groups become racialized, and how racial categories can not only change instantly, but also the ways in which they change over time. This new edition is updated to reflect the most recent evidence regarding the ways in which Mexican Americans and other Latinos were racialized in both the twentieth and early twenty-first centuries. The book ultimately concludes that it is problematic to continue to speak in terms Hispanic “ethnicity” rather than consider Latinos qua Latinos alongside the United States’ other major racial groupings. A must read for anyone concerned with racial injustice and classification today.

Bending Toward Justice

The Voting Rights Act and the Transformation of American Democracy
Author: Gary May
Publisher: Basic Books
ISBN: 0465050735
Category: History
Page: 336
View: 301

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When the Fifteenth Amendment of 1870 granted African Americans the right to vote, it seemed as if a new era of political equality was at hand. Before long, however, white segregationists across the South counterattacked, driving their black countrymen from the polls through a combination of sheer terror and insidious devices such as complex literacy tests and expensive poll taxes. Most African Americans would remain voiceless for nearly a century more, citizens in name only until the passage of the 1965 Voting Rights Act secured their access to the ballot. In Bending Toward Justice, celebrated historian Gary May describes how black voters overcame centuries of bigotry to secure and preserve one of their most important rights as American citizens. The struggle that culminated in the passage of the Voting Rights Act was long and torturous, and only succeeded because of the courageous work of local freedom fighters and national civil rights leaders—as well as, ironically, the opposition of Southern segregationists and law enforcement officials, who won public sympathy for the voting rights movement by brutally attacking peaceful demonstrators. But while the Voting Rights Act represented an unqualified victory over such forces of hate, May explains that its achievements remain in jeopardy. Many argue that the 2008 election of President Barack Obama rendered the act obsolete, yet recent years have seen renewed efforts to curb voting rights and deny minorities the act’s hard-won protections. Legal challenges to key sections of the act may soon lead the Supreme Court to declare those protections unconstitutional. A vivid, fast-paced history of this landmark piece of civil rights legislation, Bending Toward Justice offers a dramatic, timely account of the struggle that finally won African Americans the ballot—although, as May shows, the fight for voting rights is by no means over.

Expelling the Poor

Atlantic Seaboard States and the Nineteenth-Century Origins of American Immigration Policy
Author: Hidetaka Hirota,Visiting Assistant Professor of History Hidetaka Hirota
Publisher: Oxford University Press
ISBN: 019061921X
Category:
Page: 312
View: 9234

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Expelling the Poor examines the origins of immigration restriction in the United States, especially deportation policy. Based on an analysis of immigration policies in major American coastal states, including New York, Massachusetts, Pennsylvania, Maryland, Louisiana, and California, itprovides the first sustained study of immigration control conducted by states prior to the introduction of federal immigration law in the late nineteenth century. The influx of impoverished Irish immigrants over the first half of the nineteenth century led nativists in New York and Massachusetts todevelop policies for prohibiting the landing of destitute foreigners and deporting those already resident in the states to Europe, Canada, or other American states. No other coastal state engaged in immigration regulation with the same level of legislative effort and success as the two states. By locating the roots of American immigration control in cultural prejudice against the Irish and, more essentially, economic concerns about their poverty in nineteenth-century New York and Massachusetts, this book fundamentally revises the history of American immigration policy, which has largelyfocused on anti-Asian racism on the West Coast. By investigating state officials' practices of illegal removal, such as the overseas deportation of those who held American citizenship, this book reveals how the state-level treatment of destitute immigrants set precedents for the assertion byAmerican officers of unrestricted power against undesirable aliens, which characterized later federal control. Beginning with Irish migrants' initial departure from Ireland, the book traces their transatlantic passage to North America, the process of their expulsion from the United States, and theirpost-deportation lives in Europe. In doing so, it places American nativism in a transnational context, demonstrating how American deportation policy operated as part of a broader legal culture of excluding non-producing members from societies in the north Atlantic world.

The Development of American Citizenship, 1608-1870


Author: James H. Kettner
Publisher: UNC Press Books
ISBN: 0807839760
Category: History
Page: 402
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he concept of citizenship that achieved full legal form and force in mid-nineteenth-century America had English roots in the sense that it was the product of a theoretical and legal development that extended over three hundred years. This prize-winning volume describes and explains the process by which the cirumstances of life in the New World transformed the quasi-medieval ideas of seventeenth-century English jurists about subjectship, community, sovereignty, and allegiance into a wholly new doctrine of "volitional allegiance." The central British idea was that subjectship involved a personal relationship with the king, a relationship based upon the laws of nature and hence perpetual and immutable. The conceptual analogue of the subject-king relationship was the natural bond between parent and child. Across the Atlantic divergent ideas were taking hold. Colonial societies adopted naturalization policies that were suited to practical needs, regardless of doctrinal consistency. Americans continued to value their status as subjects and to affirm their allegiance to the king, but they also moved toward a new understanding of the ties that bind individuals to the community. English judges of the seventeenth and eighteenth centuries assumed that the essential purpose of naturalization was to make the alien legally the same as a native, that is, to make his allegiance natural, personal, and perpetual. In the colonies this reasoning was being reversed. Americans took the model of naturalization as their starting point for defining all political allegiance as the result of a legal contract resting on consent. This as yet barely articulated difference between the American and English definition of citizenship was formulated with precision in the course of the American Revolution. Amidst the conflict and confusion of that time Americans sought to define principles of membership that adequately encompassed their ideals of individual liberty and community security. The idea that all obligation rested on individual volition and consent shaped their response to the claims of Parliament and king, legitimized their withdrawal from the British empire, controlled their reaction to the loyalists, and underwrote their creation of independent governments. This new concept of citizenship left many questions unanswered, however. The newly emergent principles clashed with deep-seated prejudices, including the traditional exclusion of Indians and Negroes from membership in the sovereign community. It was only the triumph of the Union in the Civil War that allowed Congress to affirm the quality of native and naturalized citizens, to state unequivocally the primacy of the national over state citizenship, to write black citizenship into the Constitution, and to recognize the volitional character of, the status of citizen by formally adopting the principle of expatriation.-->

A Nation of Immigrants Reconsidered

Us Society in an Age of Restriction, 1924-1965
Author: Maddalena Marinari,Madeline Hsu,Maria Cristina Garcia
Publisher: Studies of World Migrations
ISBN: 9780252042218
Category: Law
Page: 328
View: 4700

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Scholars, journalists, and policymakers have long argued that the 1965 Immigration and Nationality Act dramatically reshaped the demographic composition of the United States. In A Nation of Immigrants Reconsidered, leading scholars of immigration explore how the political and ideological struggles of the so-called "age of restriction"--from 1924 to 1965--paved the way for the changes to come. The essays examine how geopolitics, civil rights, perceptions of America's role as a humanitarian sanctuary, and economic priorities led government officials to facilitate the entrance of specific immigrant groups, thereby establishing the legal precedents for future policies. Eye-opening articles discuss Japanese war brides and changing views of miscegenation, the recruitment of former Nazi scientists, a temporary workers program with Japanese immigrants, the emotional separation of Mexican immigrant families, Puerto Rican youth's efforts to claim an American identity, and the restaurant raids of conscripted Chinese sailors during World War II. Contributors: Eiichiro Azuma, David Cook-Martín, David FitzGerald, Monique Laney, Heather Lee, Kathleen López, Laura Madokoro, Ronald L. Mize, Arissa H. Oh, Ana Elizabeth Rosas, Lorrin Thomas, Ruth Ellen Wasem, and Elliott Young.

Law and Religion in American History


Author: Mark Douglas McGarvie
Publisher: Cambridge University Press
ISBN: 1107150930
Category: History
Page: 312
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This book furthers dialogue on the separation of church and state with an approach that emphasizes intellectual history and the constitutional theory that underlies American society. Mark D. McGarvie explains that the founding fathers of America considered the right of conscience to be an individual right, to be protected against governmental interference. While the religion clauses enunciated this right, its true protection occurred in the creation of separate public and private spheres. Religion and the churches were placed in the private sector. Yet, politically active Christians have intermittently mounted challenges to this bifurcation in calling for a greater public role for Christian faith and morality in American society. Both students and scholars will learn much from this intellectual history of law and religion that contextualizes a four-hundred-year-old ideological struggle.

Americans at the Gate

The United States and Refugees During the Cold War
Author: Carl J. Bon Tempo
Publisher: Princeton University Press
ISBN: 0691123322
Category: History
Page: 264
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Unlike the 1930s, when the United States tragically failed to open its doors to Europeans fleeing Nazism, the country admitted over three million refugees during the Cold War. This dramatic reversal gave rise to intense political and cultural battles, pitting refugee advocates against determined opponents who at times successfully slowed admissions. The first comprehensive historical exploration of American refugee affairs from the midcentury to the present, Americans at the Gate explores the reasons behind the remarkable changes to American refugee policy, laws, and programs. Carl Bon Tempo looks at the Hungarian, Cuban, and Indochinese refugee crises, and he examines major pieces of legislation, including the Refugee Relief Act and the 1980 Refugee Act. He argues that the American commitment to refugees in the post-1945 era occurred not just because of foreign policy imperatives during the Cold War, but also because of particular domestic developments within the United States such as the Red Scare, the Civil Rights Movement, the rise of the Right, and partisan electoral politics. Using a wide variety of sources and documents, Americans at the Gate considers policy and law developments in connection with the organization and administration of refugee programs.

The Changing Legal World of Adolescence


Author: Franklin E. Zimring
Publisher: Quid Pro Books
ISBN: 1610272188
Category: Social Science
Page: 178
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This work attempts to explain changes in the legal conception of adolescence as a stage of life and as a transition to adulthood. The intended audience includes lawyers and others—such as parents, professionals, and kids—puzzled by trends labeled "children's liberation" and "the revolution in juvenile justice." Much cited and long recognized as an authority, it is considered a classic of law & society. Changes in legal conceptions of youth are interesting in their own right. They are also a useful way of examining important social, political, and economic changes. It is said that legal studies, "properly pursued, lead to a fuller understanding of the larger world of which the law and its institutions are a part." That is no less true when looking at "children" and "juveniles" through a legal lens. The law often compartmentalizes underage persons with bright lines and legal fictions such as "parens patriae" to allow leeway for them that would not be tolerable for adults. The law creates huge divides based on status and age. The standards against which to judge the exit from adolescence are concrete and measurable: a single chronological age. And an adult is anyone the state legislature says is adult. But life is not that simple, and the price we pay for sustaining such illusions is considerable. Adolescence is both a period in itself and a transition. This book takes seriously that status and the idea of transition, and attempts to explain the legal responses and concepts relevant to this important stage of life. The 2014 digital edition includes a new preface by the author and such quality formatting features as active Contents, linked chapter notes, original tables from the print edition, and a fully-linked and paginated Index, to allow continuity with the print edition, citation and referencing, and the convenience of readers.

River of Dark Dreams


Author: Walter Johnson
Publisher: Harvard University Press
ISBN: 0674074904
Category: History
Page: 560
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River of Dark Dreams places the Cotton Kingdom at the center of worldwide webs of exchange and exploitation that extended across oceans and drove an insatiable hunger for new lands. This bold reaccounting dramatically alters our understanding of American slavery and its role in U.S. expansionism, global capitalism, and the upcoming Civil War.