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This book explores the constraints which justice imposes on immigration policy. Like liberal nationalists, Ryan Pevnick argues that citizens have special claims to the institutions of their states. However, the source of these special claims is located in the citizenry's ownership of state institutions rather than in a shared national identity. Citizens contribute to the construction and maintenance of institutions (by paying taxes and obeying the law), and as a result they have special claims to these institutions and a limited right to exclude outsiders. Pevnick shows that the resulting view justifies a set of policies - including support for certain types of guest worker programs - which is distinct from those supported by either liberal nationalists or advocates of open borders. His book provides a framework for considering a number of connected topics including issues related to self-determination, the scope of distributive justice and the significance of shared national identity.
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.
David Miller explores what justice means for real people and challenges philosophical theories that ignore the facts of human life.
Offers a comprehensive framework that can assist in responding to new justice challenges for people on the move.
Some 16.6 million people nationwide live in mixed-status families, containing a combination of U.S. citizens, residents, and undocumented immigrants. U.S. immigration governance has become an almost daily news headline. Yet even in the absence of federal immigration reform over the last twenty years, existing policies and practices have already been profoundly impacting these family units. Based on ethnographic fieldwork in San Diego over more than a decade, Border Brokers documents the continuing deleterious effects of U.S. immigration policies and enforcement practices on a group of now young adults and their families. In the first book-length longitudinal study of mixed-status families, Christina M. Getrich provides an on-the-ground portrayal of these young adults’ lives from their own perspectives and in their own words. More importantly, Getrich identifies how these individuals have developed resiliency and agency beginning in their teens to improve circumstances for immigrant communities. Despite the significant constraints their families face, these children have emerged into adulthood as grounded and skilled brokers who effectively use their local knowledge bases, life skills honed in their families, and transborder competencies. Refuting the notion of their failure to assimilate, she highlights the mature, engaged citizenship they model as they transition to adulthood to be perhaps their most enduring contribution to creating a better U.S. society. An accessible ethnography rooted in the everyday, this book portrays the complexity of life in the U.S.-Mexico borderlands. It offers important insights for anthropologists, educators, policy-makers, and activists working on immigration and social justice issues.
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.
What does it really mean to be "undocumented," particularly in the contemporary United States? Political philosophers, immigration policy makers, and others have tended to define the term "undocumented migrant" legalistically-that is, in terms of lacking legal authorization to live and work in one's current country of residence. In Socially Undocumented, Reed-Sandoval challenges this "legalistic understanding" by arguing that being socially undocumented is to possess a real, visible, and embodied social identity that does not always track one's legal status. She further argues that achieving immigration justice in the U.S. (and elsewhere) requires a philosophical understanding of the racialized, class-based, and gendered components of socially undocumented identity and oppression. Socially Undocumented offers a new vision of immigration justice by integrating a descriptive and phenomenological account of socially undocumented identity with a normative and political account of how the oppression with which it is associated ought to be dealt with as a matter of social justice. It also addresses concrete ethical challenges such as the question of whether open borders are morally required, the militarization of the Mexico-U.S. border, the perilous journey that many migrants undertake to get to the United States, the difficult experiences of the women who cross U.S. borders seeking prenatal care while pregnant, and more.
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.
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.