Strangers to the Constitution

Author: Gerald L. Neuman
Publisher: Princeton University Press
ISBN: 9781400821952
Format: PDF, Kindle
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Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.

Human Security and Human Rights under International Law

Author: Dorothy Estrada-Tanck
Publisher: Bloomsbury Publishing
ISBN: 1509902376
Format: PDF, Docs
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Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.

Does the Constitution Follow the Flag

Author: Kal Raustiala
Publisher: Oxford University Press
ISBN: 9780199719587
Format: PDF, ePub
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The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.

Immigration Outside the Law

Author: Hiroshi Motomura
Publisher: Oxford University Press
ISBN: 0199768439
Format: PDF
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"A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--

Immigration Detention

Author: Daniel Wilsher
Publisher: Cambridge University Press
ISBN: 1139501356
Format: PDF, Docs
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The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.

The Oxford Companion to American Law

Author: Kermit L. Hall
Publisher: Oxford University Press
ISBN: 0195088786
Format: PDF
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The comprehensive reference guide to American law features entries written by more than three hundred experts on everything from the Salem witchcraft trials to wiretapping.

Citizens Strangers And In betweens

Author: Peter Schuck
Publisher: Routledge
ISBN: 0429981244
Format: PDF, Kindle
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Immigration is one of the critical issues of our time. In Citizens, Strangers, and In-Betweens, an integrated series of fourteen essays, Yale professor Peter Schuck analyzes the complex social forces that have been unleashed by unprecedented legal and illegal migration to the United States, forces that are reshaping American society in countless ways. Schuck first presents the demographic, political, economic, legal, and cultural contexts in which these transformations are occurring. He then shows how the courts, Congress, and the states are responding to the tensions created by recent immigration. Next, he explores the nature of American citizenship, challenging traditional ways of defining the national community and analyzing the controversial topics of citizenship for illegal alien children, the devaluation and revaluation of American citizenship, and plural citizenship. In a concluding section, Schuck focuses on four vital and explosive policy issues: immigration's effects on the civil rights movement, the cultural differences among various American ethnic groups as revealed in their experiences as immigrants throughout the world, the protection of refugees fleeing persecution, and immigration's effects on American society in recent years.

Opening the Floodgates

Author: Kevin R. Johnson
Publisher: NYU Press
ISBN: 0814743005
Format: PDF
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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.

Brain Gain

Author: Darrell M. West
Publisher: Brookings Institution Press
ISBN: 0815722311
Format: PDF, Docs
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Many of America's greatest artists, scientists, investors, educators, and entrepreneurs have come from abroad. Rather than suffering from the "brain drain" of talented and educated individuals emigrating, the United States has benefited greatly over the years from the "brain gain" of immigration. These gifted immigrants have engineered advances in energy, information technology, international commerce, sports, arts, and culture. To stay competitive, the United States must institute more of an open-door policy to attract unique talents from other nations. Yet Americans resist such a policy despite their own immigrant histories and the substantial social, economic, intellectual, and cultural benefits of welcoming newcomers. Why? In Brain Gain, Darrell West asserts that perception or "vision" is one reason reform in immigration policy is so politically difficult. Public discourse tends to emphasize the perceived negatives. Fear too often trumps optimism and reason. And democracy is messy, with policy principles that are often difficult to reconcile. The seeming irrationality of U.S. immigration policy arises from a variety of thorny and interrelated factors: particularistic politics and fragmented institutions, public concern regarding education and employment, anger over taxes and social services, and ambivalence about national identity, culture, and language. Add to that stew a myopic (or worse) press, persistent fears of terrorism, and the difficulties of implementing border enforcement and legal justice. West prescribes a series of reforms that will put America on a better course and enhance its long-term social and economic prosperity. Reconceptualizing immigration as a way to enhance innovation and competitiveness, the author notes, will help us find the next Sergey Brin, the next Andrew Grove, or even the next Albert Einstein.

Expelling the Poor

Author: Hidetaka Hirota
Publisher: Oxford University Press
ISBN: 019061921X
Format: PDF, Docs
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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.