The President And Immigration Law

Author : Adam B. Cox,Cristina M. Rodríguez
Publisher : Oxford University Press
Page : 361 pages
File Size : 44,5 Mb
Release : 2020-08-04
Category : Law
ISBN : 9780190694388

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The President and Immigration Law by Adam B. Cox,Cristina M. Rodríguez Pdf

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.

Author : Adam Cox,Cristina M. Rodríguez
Publisher : Oxford University Press, USA
Page : 361 pages
File Size : 48,5 Mb
Release : 2020
Category : Law
ISBN : 9780190694364

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The President and Immigration Law by Adam Cox,Cristina M. Rodríguez Pdf

When President Barack Obama announced his plans to shield millions of immigrants from deportation, Congress and the commentariat pilloried him for acting unilaterally. When President Donald Trump attempted to ban immigration from six predominantly Muslim counties, a different collection ofcritics attacked the action as tyrannical. Beneath this polarized political resistance lies a widely shared belief: that Congress, not the President, makes our immigration policies, dictating who can come to the United States, and who can stay, in a detailed and comprehensive legislative code.InThe President and Immigration Law, Adam Cox and Cristina Rodriguez shatter the myth that Congress controls immigration policy. Drawing on a wide range of sources-rich historical materials, unique data on immigration enforcement, and insider accounts of our nation's massive immigrationbureaucracy-they tell the story of how the President became our immigration policymaker-in-chief over the course of two centuries. From founding-era debates over the Alien and Sedition Acts to Jimmy Carter's intervention during the Mariel boatlift from Cuba, presidential crisis management has playedan important role in this story. Far more foundational, however, has been the ordinary executive obligation to enforce the law. Over time, the power born of that duty has become the central vehicle for making immigration policy in the United States.A pathbreaking account of the President's relationship to Congress, Cox and Rodriguez's analysis helps us better understand how the United States ended up running an enormous shadow immigration system-one in which nearly half of all noncitizens living in America are here in violation of the law. Italso provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

Author : Adam Cox,Cristina M. Rodríguez
Publisher : Oxford University Press
Page : 128 pages
File Size : 49,6 Mb
Release : 2020-08-04
Category : Law
ISBN : 9780190694371

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The President and Immigration Law by Adam Cox,Cristina M. Rodríguez Pdf

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.

Author : Shoba Sivaprasad Wadhia
Publisher : NYU Press
Page : 215 pages
File Size : 46,8 Mb
Release : 2021-04-01
Category : Law
ISBN : 9781479808731

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Banned by Shoba Sivaprasad Wadhia Pdf

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.

Author : Hiroshi Motomura
Publisher : Oxford University Press
Page : 272 pages
File Size : 46,6 Mb
Release : 2014-06-02
Category : Law
ISBN : 9780199385300

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Immigration Outside the Law by Hiroshi Motomura Pdf

In 1975, Texas adopted a law allowing school districts to bar children from public schools if they were in the United States unlawfully. The US Supreme Court responded in 1982 with a landmark decision, Plyler v. Doe, that kept open the schoolhouse doors, allowing these children to get the education that state law would have denied. The Court established a child's constitutional right to attend public elementary and secondary schools, regardless of immigration status. With Plyler, three questions emerged that have remained central to the national conversation about immigration outside the law: What does it mean to be in the country unlawfully? What is the role of state and local governments in dealing with unauthorized migration? Are unauthorized migrants "Americans in waiting?" Today, as the United States weighs immigration reform, debates over "illegal" or "undocumented" immigrants have become more polarized than ever. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura, author of the award-winning Americans in Waiting, offers a framework for understanding why these debates are so contentious. In a reasoned, lucid, and careful discussion, he explains the history of unauthorized migration, the sources of current disagreements, and points the way toward durable answers. In his refreshingly fair-minded analysis, Motomura explains the complexities of immigration outside the law for students and scholars, policy-makers looking for constructive solutions, and anyone who cares about this contentious issue.

Author : John S. W. Park
Publisher : John Wiley & Sons
Page : 220 pages
File Size : 42,6 Mb
Release : 2018-07-10
Category : Law
ISBN : 9781509506033

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Immigration Law and Society by John S. W. Park Pdf

The Immigration Act of 1965 was one of the most consequential laws ever passed in the United States and immigration policy continues to be one of the most contentious areas of American politics. As a "nation of immigrants," the United States has a long and complex history of immigration programs and controls which are deeply connected to the shape of American society today. This volume makes sense of the political history and the social impacts of immigration law, showing how legislation has reflected both domestic concerns and wider foreign policy. John S. W. Park examines how immigration law reforms have inspired radically different responses across all levels of government, from cooperation to outright disobedience, and how they continue to fracture broader political debates. He concludes with an overview of how significant, on-going challenges in our interconnected world, including "failed states" and climate change, will shape American migrations for many decades to come.

Author : Shoba Sivaprasad Wadhia
Publisher : NYU Press
Page : 249 pages
File Size : 50,8 Mb
Release : 2017-05
Category : Law
ISBN : 9781479870059

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Beyond Deportation by Shoba Sivaprasad Wadhia Pdf

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.

Author : Gabriel J. Chin,Rose Cuison Villazor
Publisher : Cambridge University Press
Page : 405 pages
File Size : 45,9 Mb
Release : 2015-11-19
Category : Law
ISBN : 9781107084117

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The Immigration and Nationality Act of 1965 by Gabriel J. Chin,Rose Cuison Villazor Pdf

This is the first book on the landmark 1965 Immigration Act, which ended race-based immigration quotas and reshaped American demographics.

Author : Emily F. Carasco
Publisher : Unknown
Page : 330 pages
File Size : 41,8 Mb
Release : 2019
Category : Aliens
ISBN : 043350062X

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Non-citizens in Canada by Emily F. Carasco Pdf

Author : Alison L. LaCroix
Publisher : Harvard University Press
Page : 321 pages
File Size : 49,5 Mb
Release : 2011-10-15
Category : Law
ISBN : 9780674062030

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The Ideological Origins of American Federalism by Alison L. LaCroix Pdf

Federalism is regarded as one of the signal American contributions to modern politics. Its origins are typically traced to the drafting of the Constitution, but the story began decades before the delegates met in Philadelphia. In this groundbreaking book, Alison LaCroix traces the history of American federal thought from its colonial beginnings in scattered provincial responses to British assertions of authority, to its emergence in the late eighteenth century as a normative theory of multilayered government. The core of this new federal ideology was a belief that multiple independent levels of government could legitimately exist within a single polity, and that such an arrangement was not a defect but a virtue. This belief became a foundational principle and aspiration of the American political enterprise. LaCroix thus challenges the traditional account of republican ideology as the single dominant framework for eighteenth-century American political thought. Understanding the emerging federal ideology returns constitutional thought to the central place that it occupied for the founders. Federalism was not a necessary adaptation to make an already designed system work; it was the system. Connecting the colonial, revolutionary, founding, and early national periods in one story reveals the fundamental reconfigurations of legal and political power that accompanied the formation of the United States. The emergence of American federalism should be understood as a critical ideological development of the period, and this book is essential reading for everyone interested in the American story.

Author : Michael C. LeMay
Publisher : Bloomsbury Publishing USA
Page : 269 pages
File Size : 42,8 Mb
Release : 2020-03-19
Category : History
ISBN : 9798216101239

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The Immigration and Nationality Act of 1965 by Michael C. LeMay Pdf

This comprehensive resource explains six eras of immigration law, how and why immigration law has changed, who the major actors and organizations shaping immigration law are, and in what direction immigration law is likely to proceed in the near future. The United States has the most diverse population of any country in the world and is widely thought of as a nation of immigrants. U.S. immigration has been and continues to be a contentious political, cultural, and social issue. Much of current immigration policy is based on the Immigration and Naturalization Act of 1965, a law advocated by former President John F. Kennedy to establish a preference system of legal immigration. This book provides an authoritative analysis of current U.S. immigration law and the 1965 Act. It explains the precursor laws to the 1965 Act and their failure to resolve many critical problems, and details how and why the law was passed. It describes and profiles all the major actors and organizations that determine the politics of US immigration policy and details the impact—both foreseen and unanticipated—that the 1965 Act has had on the American economy, culture, demographics, and societal diversity. It offers an objective source for accessing an extensive list of the most important documents, governmental data, and scholarly discourse on U.S. immigration.

Author : Alina Das
Publisher : Bold Type Books
Page : 224 pages
File Size : 40,7 Mb
Release : 2020-04-14
Category : Political Science
ISBN : 9781568589459

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No Justice in the Shadows by Alina Das Pdf

This provocative account of our immigration system's long, racist history reveals how it has become the brutal machine that upends the lives of millions of immigrants today. Each year in the United States, hundreds of thousands of people are arrested, imprisoned, and deported, trapped in what leading immigrant rights activist and lawyer Alina Das calls the "deportation machine." The bulk of the arrests target people who have a criminal record -- so-called "criminal aliens" -- the majority of whose offenses are immigration-, drug-, or traffic-related. These individuals are uprooted and banished from their homes, their families, and their communities. Through the stories of those caught in the system, Das traces the ugly history of immigration policy to explain how the U.S. constructed the idea of the "criminal alien," effectively dividing immigrants into the categories "good" and "bad," "deserving" and "undeserving." As Das argues, we need to confront the cruelty of the machine so that we can build an inclusive immigration policy premised on human dignity and break the cycle once and for all.

Author : Kevin R. Johnson,Bernard Trujillo
Publisher : University of Arizona Press
Page : 314 pages
File Size : 46,9 Mb
Release : 2011-11-01
Category : Social Science
ISBN : 9780816505593

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Immigration Law and the U.S.–Mexico Border by Kevin R. Johnson,Bernard Trujillo Pdf

Americans from radically different political persuasions agree on the need to “fix” the “broken” US immigration laws to address serious deficiencies and improve border enforcement. In Immigration Law and the US–Mexico Border, Kevin Johnson and Bernard Trujillo focus on what for many is at the core of the entire immigration debate in modern America: immigration from Mexico. In clear, reasonable prose, Johnson and Trujillo explore the long history of discrimination against US citizens of Mexican ancestry in the United States and the current movement against “illegal aliens”—persons depicted as not deserving fair treatment by US law. The authors argue that the United States has a special relationship with Mexico by virtue of sharing a 2,000-mile border and a “land-grab of epic proportions” when the United States “acquired” nearly two-thirds of Mexican territory between 1836 and 1853. The authors explain US immigration law and policy in its many aspects—including the migration of labor, the place of state and local regulation over immigration, and the contributions of Mexican immigrants to the US economy. Their objective is to help thinking citizens on both sides of the border to sort through an issue with a long, emotional history that will undoubtedly continue to inflame politics until cooler, and better-informed, heads can prevail. The authors conclude by outlining possibilities for the future, sketching a possible movement to promote social justice. Great for use by students of immigration law, border studies, and Latino studies, this book will also be of interest to anyone wondering about the general state of immigration law as it pertains to our most troublesome border.

Author : Kevin R. Johnson
Publisher : NYU Press
Page : 289 pages
File Size : 49,5 Mb
Release : 2007-10-01
Category : Law
ISBN : 9780814743003

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Opening the Floodgates by Kevin R. Johnson Pdf

Seeking to re-imagine the meaning and significance of the international border, Opening the Floodgates makes a case for eliminating the border as a legal construct that impedes the movement of people into this country. Open migration policies deserve fuller analysis, as evidenced by President Barack Obama’s pledge to make immigration reform a priority. Kevin R. Johnson offers an alternative vision of how U.S. borders might be reconfigured, grounded in moral, economic, and policy arguments for open borders. Importantly, liberalizing migration through an open borders policy would recognize that the enforcement of closed borders cannot stifle the strong, perhaps irresistible, economic, social, and political pressures that fuel international migration. Controversially, Johnson suggests that open borders are entirely consistent with efforts to prevent terrorism that have dominated immigration enforcement since the events of September 11, 2001. More liberal migration, he suggests, would allow for full attention to be paid to the true dangers to public safety and national security.

Author : Robert W. Heimburger
Publisher : Cambridge University Press
Page : 261 pages
File Size : 40,6 Mb
Release : 2017-12-21
Category : Law
ISBN : 9781107176621

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God and the Illegal Alien by Robert W. Heimburger Pdf

A fresh response to the problem of illegal immigration in the United States through the context of Christian theology.