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The events of 2016 catapulted immigration policy to the forefront of public debate, and Donald Trump’s administration has signaled a harsh turn in enforcement. Yet the deportation, detention, and border-control policies that North American and European countries have embraced are by no means new. In this book, sociologists David C. Brotherton and Philip Kretsedemas bring together an interdisciplinary group of contributors to reconsider the immigration policies of the Obama era and beyond in terms of a decades-long “age of punishment.” Immigration Policy in the Age of Punishmenttakes a critical, interdisciplinary, and transnational look at current issues surrounding immigration in the U.S. and abroad. It examines key features of this age of punishment, connecting neoliberal governance, global labor markets, and the national obsession with securing borders to explain critical research and theory on immigration enforcement. Contributors document the continuities between presidential administrations and across countries from many perspectives, with chapters discussing Canada, Australia, France, the UK, the Dominican Republic, and Mexico in addition to the U.S. They offer macro-level analyses of deportations and border enforcement, analyses of national policy and jurisprudence, and ethnographic accounts of the daily life experience of the prison-to-deportation pipeline, the making of deportability, and post-deportation transitions for noncitizens. This book highlights new directions in critical immigration policy and enforcement and deportation studies with the aim of problematizing the age of punishment that currently reigns over borders and those who seek to cross them.
This book provides the first in-depth history of immigration detention in the United States. Employing extensive archival research to document the origins and development of immigration detention in the U.S. from 1973 to 2000, it reveals how the world's largest detention system originated in the U.S. government's campaign to exclude Haitians from American shores, and how resistance by Haitians and their allies constantly challenged the detention regime.
Crimmigration Law is a must-read for law students and practitioners seeking an introduction to the complex legal doctrine and practice challenges at the merger of immigration and criminal law.
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.
A free open access ebook is available upon publication. Learn more at www.luminosoa.org. Of Love and Papers explores how immigration policies are fundamentally reshaping Latino families. Drawing on two waves of interviews with undocumented young adults, Enriquez investigates how immigration status creeps into the most personal aspects of everyday life, intersecting with gender to constrain family formation. The imprint of illegality remains, even upon obtaining DACA or permanent residency. Interweaving the perspectives of US citizen romantic partners and children, Enriquez illustrates the multigenerational punishment that limits the upward mobility of Latino families. Of Love and Papers sparks an intimate understanding of contemporary US immigration policies and their enduring consequences for immigrant families.
Arizona’s controversial new immigration bill is just the latest of many steps in the new criminalization of immigrants. While many cite the presumed criminality of illegal aliens as an excuse for ever-harsher immigration policies, it has in fact been well-established that immigrants commit less crime, and in particular less violent crime, than the native-born and that their presence in communities is not associated with higher crime rates. Punishing Immigrants moves beyond debunking the presumed crime and immigration linkage, broadening the focus to encompass issues relevant to law and society, immigration and refugee policy, and victimization, as well as crime. The original essays in this volume uncover and identify the unanticipated and hidden consequences of immigration policies and practices here and abroad at a time when immigration to the U.S. is near an all-time high. Ultimately, Punishing Immigrants illuminates the nuanced and layered realities of immigrants’ lives, describing the varying complexities surrounding immigration, crime, law, and victimization. Podcast: Susan Bibler Coutin, on the process and effects of deportation —Listen here.
Winner, 2020 Best Book Award, Law Category, given by the American Book Fest Examines immigration enforcement and discretion during the first eighteen months of the Trump administration Within days of taking office, President Donald J. Trump published or announced changes to immigration law and policy. These changes have profoundly shaken the lives and well-being of immigrants and their families, many of whom have been here for decades, and affected the work of the attorneys and advocates who represent or are themselves part of the immigrant community. Banned examines the tool of discretion, or the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has wielded this tool in creating and executing its immigration policy. Banned combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) who is affected by changes to immigration enforcement and discretion?; (3) how have individuals and families affected by immigration enforcement under President Trump changed their own perceptions about the future?; and (4) how do those informed about immigration enforcement and discretion describe the current state of affairs and perceive the future? Shoba Sivaprasad Wadhia pairs the contents of these interviews with a robust analysis of immigration enforcement and discretion during the first eighteen months of the Trump administration and offers recommendations for moving forward. The story of immigration and the role immigrants play in the United States is significant. The government has the tools to treat those seeking admission, refuge, or opportunity in the United States humanely. Banned offers a passionate reminder of the responsibility we all have to protect America’s identity as a nation of immigrants.
Prison studies has experienced a period of great creativity in recent years, and this collection draws together some of the field's most exciting and innovative contemporary critical writers in order to engage directly with one of the most profound questions in penology - why prison? In addressing this question, the authors connect contemporary penological thought with an enquiry that has received the attention of some of the greatest thinkers on punishment in the past. Through critical exploration of the theories, policies and practices of imprisonment, the authors analyse why prison persists and why prisoner populations are rapidly rising in many countries. Collectively, the chapters provide not only a sophisticated diagnosis and critique of global hyper-incarceration but also suggest principles and strategies that could be adopted to radically reduce our reliance upon imprisonment.
This Handbook presents current and future studies on the changing dynamics of the role of immigrants and the impact of immigration, across the United States and industrialized and developing nations. It covers the changing dynamics of race, ethnicity, and immigration, and discusses how it all contributes to variations in crime, policing, and the overall justice system. Through acknowledging that some groups, especially people of color, are disproportionately influenced more than others in the case of criminal justice reactions, the “War on Drugs”, and hate crimes; this Handbook introduces the importance of studying race and crime so as to better understand it. It does so by recommending that researchers concentrate on ethnic diversity in a national and international context in order to broaden their demographic and expand their understanding of how to attain global change. Featuring contributions from top experts in the field, The Handbook of Race and Crime is presented in five sections—An Overview of Race, Ethnicity, Crime, and Justice; Theoretical Perspectives on Race and Crime; Race, Gender, and the Justice System; Gender and Crime; and Race, Gender and Comparative Criminology. Each section of the book addresses a key area of research, summarizes findings or shortcomings whenever possible, and provides new results relevant to race/crime and justice. Every contribution is written by a top expert in the field and based on the latest research. With a sharp focus on contemporary race, ethnicity, crime, and justice studies, The Handbook of Race and Crime is the ideal reference for advanced undergraduate students, graduate students, and scholars interested in the disciplines such as Criminology, Race and Ethnicity, Race and the Justice System, and the Sociology of Race.