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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.
Immigration is perhaps the most enduring and elemental leitmotif of America. This book is the most powerful study to date of the politics and policies it has inspired, from the founders' earliest efforts to shape American identity to today's revealing struggles over Third World immigration, noncitizen rights, and illegal aliens. Weaving a robust new theoretical approach into a sweeping history, Daniel Tichenor ties together previous studies' idiosyncratic explanations for particular, pivotal twists and turns of immigration policy. He tells the story of lively political battles between immigration defenders and doubters over time and of the transformative policy regimes they built. Tichenor takes us from vibrant nineteenth-century politics that propelled expansive European admissions and Chinese exclusion to the draconian restrictions that had taken hold by the 1920s, including racist quotas that later hampered the rescue of Jews from the Holocaust. American global leadership and interest group politics in the decades after World War II, he argues, led to a surprising expansion of immigration opportunities. In the 1990s, a surge of restrictionist fervor spurred the political mobilization of recent immigrants. Richly documented, this pathbreaking work shows that a small number of interlocking temporal processes, not least changing institutional opportunities and constraints, underlie the turning tides of immigration sentiments and policy regimes. Complementing a dynamic narrative with a host of helpful tables and timelines, Dividing Lines is the definitive treatment of a phenomenon that has profoundly shaped the character of American nationhood.
"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.
This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.
This book examines the policy and practice of the insanity clauses within the immigration controls of New Zealand and the Commonwealth of Australia. It reveals those charged with operating the legislation to be non-psychiatric gatekeepers who struggled to match its intent. Regardless of the evolution in language and the location at which a migrant’s mental suitability was assessed, those with ‘inherent mental defects’ and ‘transient insanity’ gained access to these regions. This book accounts for the increased attempts to medicalise border control in response to the widening scope of terminology used for mental illnesses, disabilities and dysfunctions. Such attempts co-existed with the promotion of these regions as ‘invalids’ paradises’ by governments, shipping companies, and non-asylum doctors. Using a bureaucratic lens, this book exposes these paradoxes, and the failings within these nineteenth- and early twentieth-century Australasian nation-state building exercises.
"The breadth of approaches represented here will make this an invaluable resource." Peter Spiro Charles Weiner Professor of Law Temple University Law School.
The fourth edition of this classic work provides a systematic, comparative assessment of the efforts of major immigrant-receiving countries and the European Union to manage migration, paying particular attention to the dilemmas of immigration control and immigrant integration. Retaining its comprehensive coverage of nations built by immigrants—the so-called settler societies of the United States, Canada, Australia and New Zealand— the new edition explores how former imperial powers—France, Britain and the Netherlands—struggle to cope with the legacies of colonialism, how social democracies like Germany and the Scandinavian countries balance the costs and benefits of migration while maintaining strong welfare states, and how more recent countries of immigration in Southern Europe—Italy, Spain, and Greece—cope with new found diversity and the pressures of border control in a highly integrated European Union. The fourth edition offers up-to-date analysis of the comparative politics of immigration and citizenship, the rise of reactive populism and a new nativism, and the challenge of managing migration and mobility in an age of pandemic, exploring how countries cope with a surge in asylum seeking and the struggle to integrate large and culturally diverse foreign populations.
The United States deported nearly two million illegal immigrants during the first five years of the Obama presidency—more than during any previous administration. President Obama stands accused by activists of being “deporter in chief.” Yet despite efforts to rebuild what many see as a broken system, the president has not yet been able to convince Congress to pass new immigration legislation, and his record remains rooted in a political landscape that was created long before his election. Deportation numbers have actually been on the rise since 1996, when two federal statutes sought to delegate a portion of the responsibilities for immigration enforcement to local authorities. Policing Immigrants traces the transition of immigration enforcement from a traditionally federal power exercised primarily near the US borders to a patchwork system of local policing that extends throughout the country’s interior. Since federal authorities set local law enforcement to the task of bringing suspected illegal immigrants to the federal government’s attention, local responses have varied. While some localities have resisted the work, others have aggressively sought out unauthorized immigrants, often seeking to further their own objectives by putting their own stamp on immigration policing. Tellingly, how a community responds can best be predicted not by conditions like crime rates or the state of the local economy but rather by the level of conservatism among local voters. What has resulted, the authors argue, is a system that is neither just nor effective—one that threatens the core crime-fighting mission of policing by promoting racial profiling, creating fear in immigrant communities, and undermining the critical community-based function of local policing.
Us and Them? explores the distinction between migrant and citizen through using the concept of 'the community of value'. The challenges of migration go to the heart of equality, rights, freedom, and membership. These are not only matters for migrants but go to the heart of citizens' politics.