THE 1882 PROJECT a Nonpartisan, Grassroots Effort to Address the Chinese Exclusion Laws
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Congressional Record—Senate S3451
May 26, 2011 CONGRESSIONAL RECORD — SENATE S3451 SUBMITTED RESOLUTIONS Mink, the first Asian-American Congress- (2) encourages the celebration during woman, and Norman Y. Mineta, the first Asian/Pacific American Heritage Month of Asian-American member of a presidential the significant contributions Asian-Ameri- SENATE RESOLUTION 200—RECOG- cabinet, have made significant strides in the cans and Pacific Islanders have made to the NIZING THE SIGNIFICANCE OF political and military realms; United States; and THE DESIGNATION OF THE Whereas the Presidential Cabinet of the (3) recognizes that the Asian-American and Obama Administration includes a record 3 Pacific Islander community strengthens and MONTH OF MAY AS ASIAN/PA- Asian-Americans, including Secretary of En- enhances the rich diversity of the United CIFIC AMERICAN HERITAGE ergy Steven Chu, Secretary of Commerce States. MONTH Gary Locke, and Secretary of Veterans Af- f Mr. AKAKA (for himself, Mr. INOUYE, fairs Eric Shinseki; Whereas in 2011, the Congressional Asian SENATE RESOLUTION 201—EX- Mrs. MURRAY, Mrs. FEINSTEIN, and Mr. Pacific American Caucus, a bicameral cau- PRESSING THE REGRET OF THE REID of Nevada) submitted the fol- cus of Members of Congress advocating on SENATE FOR THE PASSAGE OF lowing resolution; which was referred behalf of Asian-Americans and Pacific Is- DISCRIMINATORY LAWS to the Committee on the Judiciary: landers, includes 30 Members of Congress; AGAINST THE CHINESE IN AMER- S. RES. 200 Whereas Asian-Americans and Pacific Is- ICA, INCLUDING THE CHINESE Whereas each May, the people of the landers have made history by assuming of- EXCLUSION ACT fice in a number of new and historically sig- United States join together to pay tribute to Mr. -
In the Supreme Court of the United States
No. 17-965 In the S upreme Court of the United States DONALD J. TRUMP , PRESIDENT OF THE UNITED STATES , ET AL ., petitioners v. STATE OF HAWAII , ET AL ., respondents On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit BRIEF OF AMICI CURIAE EVAN MCMULLIN, ANNE APPLEBAUM, MAX BOOT, LINDA CHAVEZ, ELIOT COHEN, MINDY FINN, JULEANNA GLOVER, NORMAN ORNSTEIN, MICHAEL STEELE, CHARLIE SYKES, AND JERRY TAYLOR IN SUPPORT OF RESPONDENTS R. REEVES ANDERSON JOHN B. BELLINGER , III ARNOLD & PORTER Counsel of Record KAYE SCHOLER LLP ELLIOTT C. MOGUL 370 Seventeenth St. KAITLIN KONKEL Suite 4400 ARNOLD & PORTER Denver, CO 80202 KAYE SCHOLER LLP (303) 863-1000 601 Mass. Ave., NW Washington, DC 20001 (202) 942-5000 [email protected] Counsel for Amici Curiae TABLE OF CONTENTS Page Interest of Amici Curiae .............................................. 1 Introduction and Summary of Argument ................... 2 Argument ..................................................................... 4 I. EO-3 contravenes the prohibition on nationality-based discrimination that Congress, with support from almost all Republicans, adopted in 1965 ................................ 5 A. Congress intended to eliminate “all vestiges of discrimination against any national group” from our immigration system ............................................................... 6 1. Members of both parties, and Republicans in particular, strenuously repudiated the discriminatory policies that predated the 1965 Act ......................... 7 2. The 1965 Act rectified missteps in U.S. immigration policy ............................ 12 3. The principles underlying the 1965 Act are now fundamental to our national identity ........................................ 16 B. EO-3 runs afoul of Congress’s nondiscrimination guarantee ......................... 18 II. The President may not substitute his alternative policy judgments for Congress’s comprehensive statutory immigration scheme .. -
18 Lc 112 0076 Hr 1692
18 LC 112 0076 House Resolution 1692 By: Representatives Park of the 101st, Nguyen of the 89th, Marin of the 96th, Holcomb of the 81st, Glanton of the 75th, and others A RESOLUTION 1 Recognizing the 75th anniversary of the repeal of the Chinese Exclusion Act; and for other 2 purposes. 3 WHEREAS, many Chinese came to the United States in the 19th and 20th centuries, as did 4 people from other countries, in search of the opportunity to create a better life; and 5 WHEREAS, the United States ratified the Burlingame Treaty on October 19, 1868, which 6 permitted the free movement of the Chinese people to, from, and within the United States 7 and made China a "most favored nation"; and 8 WHEREAS, in 1878, the House of Representatives passed a resolution requesting that 9 President Rutherford B. Hayes renegotiate the Burlingame Treaty so that Congress could 10 limit Chinese immigration to the United States; and 11 WHEREAS, on February 22, 1879, the House of Representatives passed the Fifteen 12 Passenger Bill, which permitted only 15 Chinese passengers on any ship coming to the 13 United States; and 14 WHEREAS, on March 1, 1879, President Hayes vetoed the Fifteen Passenger Bill as being 15 incompatible with the Burlingame Treaty; and 16 WHEREAS, on May 9, 1881, the United States ratified the Angell Treaty, which allowed the 17 United States to suspend, but not prohibit, immigration of Chinese laborers, declaring that 18 "Chinese laborers who are now in the United States shall be allowed to go and come of their 19 own free will," and reaffirming that Chinese persons possessed "all the rights, privileges, 20 immunities, and exemptions which are accorded to the citizens and subjects of the most 21 favored nation"; and H. -
Border Enforcement Developments Since 1993 and How to Change CBP
Border Enforcement Developments Since 1993 and How to Change CBP Daniel E. Martínez The University of Arizona Josiah Heyman The University of Texas at El Paso Jeremy Slack The University of Texas at El Paso August 24, 2020 CMS Essays, https://cmsny.org/publications/border-enforcement-developments-since-1993- and-how-to-change-cbp/ Executive Summary Enforcement along the US-Mexico border has intensified significantly since the early 1990s. Social scientists have documented several consequences of border militarization, including increased border-crosser deaths, the killing of more than 110 people by Customs and Border Protection (CBP) agents over the past decade, and expanded ethno-racial profiling in southwestern communities by immigration authorities. Less attention has been paid to the pervasive and routine mistreatment migrants experience on a daily basis in CBP custody. This paper traces major developments in border enforcement to three notable initiatives: the “prevention-through-deterrence” strategy, the aftermath of the 9/11 terrorist attacks, and the Department of Homeland Security (DHS) Consequence Delivery System, initiated in 2011. Despite the massive buildup in enforcement, CBP has operated with little transparency and accountability to the detriment of migrants. The paper provides an overview of the findings of nongovernmental organizations and social scientists regarding migrant mistreatment while in CBP custody. It then highlights important shifts in migration patterns over the past decade, as well as changes in border enforcement efforts during the Trump administration. It discusses how these transformations affect migrants’ everyday encounters with CBP officials. The paper concludes by providing specific recommendations for improving CBP conduct. Its core theme is the need to emphasize and inculcate lessons of appropriate police behavior, civil rights, and civil liberties in training and recruiting agents and in setting responsibilities of supervisors and administrators. -
ASIAN-AMERICAN TIMELINE (Prepared by Dr
1 ASIAN-AMERICAN TIMELINE (prepared by Dr. Bonnie Khaw-Posthuma) 1521 Portuguese explorer Ferdinand Magellan claims the Phillipines in the name of the Spanish crown; colonial rule begins in 1565; first Filipinos reportedly arrive in California in 1587. 1790 Congress passes the Naturalization Act – granting U.S. citizenship to all “free white” persons. 1834 Afong Moy, the first Chinese woman known to have visited the U.S. is exhibited in a theater in New York. 1839-1842 China signs the Treaty of Nanjing –opening Chinese ports to trade by Western and later Japanese powers. 1843 Japanese citizen Nakahama Manjiro becomes the 1st Japanese individual to land in the U.S. 1848 First Chinese (two men, one woman) immigrate to the U.S. and land in San Francisco; discovery of gold leads to Chinese immigration to America (also known as “Gold Mountain”). 1852 Lured by the gold rush, more than 20,000 Chinese arrive in California (it was a myth that all Chinese wished to get rich quickly and return—only 50% did). 1853 Several hundred years of isolation end as Commodore Matthew Perry of the U.S. forces Japan to open its door to foreign commerce. 1854 People vs. Hall, a California case, rules that Chinese cannot testify for or against white persons in court. 1860 A Californian law bars Chinese-Americans, Indians, and African- Americans from public schools. 1865 Plans for the first transcontinental railroad in the U.S. are developed, and the Central Pacific Railroad begins hiring Chinese laborers. 1870 Congress grants naturalization rights to free whites and people of African descent, omitting mention of Asian (or as they call it “Oriental”) races. -
An Examination of the Chinese Immigrant Social Movements During
Louisiana State University LSU Digital Commons LSU Master's Theses Graduate School 2007 An examination of the Chinese immigrant social movements during the Chinese Exclusion Era Alexander Lu Louisiana State University and Agricultural and Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_theses Part of the Sociology Commons Recommended Citation Lu, Alexander, "An examination of the Chinese immigrant social movements during the Chinese Exclusion Era" (2007). LSU Master's Theses. 58. https://digitalcommons.lsu.edu/gradschool_theses/58 This Thesis is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Master's Theses by an authorized graduate school editor of LSU Digital Commons. For more information, please contact [email protected]. AN EXAMINATION OF THE CHINESE IMMIGRANT SOCIAL MOVEMENTS DURING THE CHINESE EXCLUSION ERA A Thesis Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Master of Arts in The Department of Sociology by Alexander Lu B.A. Centenary College of Louisiana, 2004 May 2007 TABLE OF CONTENTS List of Figures ................................................................................................................iii Abstract..........................................................................................................................iv Introduction.....................................................................................................................1 -
Table of Contents
Encyclopedia of American Immigration Table of Contents A Abolition movement Accent discrimination Acquired immune deficiency syndrome Adoption Affirmative action African Americans and European immigrants African immigrants Afroyim v. Rusk Alabama Alaska Albright, Madeleine Alien and Sedition Acts Alien land laws Alvarez, Julia Amerasian children Amerasian Homecoming Act American Colonization Society American Jewish Committee American Protectivist Association Americanization programs Angel Island immigration station Angell's Treaty Anglo-conformity Anti-Catholicism Anti-Chinese movement Anti-Defamation League Anti-Filipino violence Anti-Japanese movement Anti-Semitism Antimiscegenation laws Antin, Mary Arab immigrants Argentine immigrants Arizona Arkansas Art Asakura v. City of Seattle Asian American Legal Defense Fund Asian American literature Asian immigrants Asian Indian immigrants Asian Pacific American Labor Alliance Asiatic Barred Zone Asiatic Exclusion League Assimilation theories Association of Indians in America Astor, John Jacob Au pairs Australian and New Zealander immigrants Austrian immigrants Aviation and Transportation Security Act B Bayard-Zhang Treaty Belgian immigrants Bell, Alexander Graham Bellingham incident Berger v. Bishop Berlin, Irving Bilingual education Bilingual Education Act of 1968 Birth control movement Border fence Border Patrol Born in East L.A. Boston Boutilier v. Immigration and Naturalization Service Bracero program "Brain drain" Brazilian immigrants British immigrants Bureau of Immigration Burlingame Treaty Burmese immigrants C Cable Act California California gold rush Cambodian immigrants Canada vs. the U.S. as immigrant destinations Canadian immigrants Canals Capitation taxes Captive Thai workers Censuses, U.S. Center for Immigration Studies Chae Chan Ping v. United States Chain migration Chang Chan v. Nagle Cheung Sum Shee v. Nagle Chicago Chicano movement Child immigrants Chilean immigrants Chin Bak Kan v. -
2016 Performance and Accountability Report • U.S
Introduction Performance and Accountability Report Fiscal Year 2016 2016 Performance and Accountability Report • U.S. Customs and Border Protection I This page intentionally left blank. Performance and Accountability Report Mission Statement: To safeguard America’s borders thereby protecting the public from dangerous people and materials while enhancing the Nation’s global economic competitiveness by enabling legitimate trade and travel Core Values Vigilance Service To Country Integrity Vigilance is how we ensure the safety Service to country is embodied in Integrity is our cornerstone. We are of all Americans. We are continuously the work we do. We are dedicated guided by the highest ethical and watchful and alert to deter, detect, to defending and upholding the moral principles. Our actions bring and prevent threats to our Nation. We Constitution and the laws of the honor to ourselves and our Agency. demonstrate courage and valor in the United States. The American people protection of our Nation. have entrusted us to protect the homeland and defend liberty. This page intentionally left blank. About This Report Introduction About This Report The U.S. Customs and Border Protection (CBP, or the agency) Fiscal Year (FY) 2016 Performance and Accountability Report (PAR) combines CBP’s Annual Performance Report with its audited financial statements, assurances on internal control, accountability reporting, and Agency assessments. CBP’s PAR provides program, financial, and performance information that enables Congress, the President, and the public to assess its performance as it relates to the CBP mission. The CBP PAR discusses the Agency’s strategic goals and objectives and compares its actual performance results to performance targets which align with the Department of Homeland Security (DHS) major missions established by the DHS Strategic Plan 2014-2018 and that support the requirements of the Government Performance and Results Act (GPRA) and the GPRA Modernization Act (GPRAMA) of 2010. -
Immigration Policy As Racial Control
Old fashion racial concepts of Mexicans continue . Prof. Samuel Huntington – “The Hispanic Challenge” (Foreign Policy, Oct 28, 2009) • Mexican culture challenges the survival of the United States Jason Richwine, Harvard dissertation, 2009 • Average immigrant IQ is lower than US whites, and low IQ’s likely persist across generations • Low IQ hinders assimilation and promotes “underclass behavior” • Mexicans tend to have low IQs • Not good policy to allow Mexican immigration to continue Immigration Policy as Racial Control Nestor Rodriguez The University of Texas at Austin April 8, 2016 Racialized foundations of US society • In pre-civil rights era, many US institutions acted openly to maintain racial/ethnic separation, subordination, and racial inequality • Imposed racial/ethnic division was the rule • Contradictions exist between racist desire for restriction and demand for labor • In post-civil rights era, immigration policy becomes race neutral, but enforcement measures create negative group images Background Review: Pre-1960s • Many immigration policies before the 1960s contained racial or ethnic restrictions • Racialized immigration restrictions spun restrictions for US persons Three-stage model of immigration policy Immigrants Admitted by Decade, 1820-2009 Source: DHS, 2009 Yearbook of Immigration Statistics, table 1 • Immigration of new racial/ethnic group increases • Social contagion rises (agitation, social movements, etc.) to restrict the immigration • New congressional or bureaucratic policy of immigration control is enacted Chinese Exclusion Act of 1882 • All Chinese, including US-born Chinese, risked being excluded (de-naturalization is rare) • Sets up bureaucratic control and surveillance of exclusion • Separation of families (hardship) • Racial exclusion: 1) racial inferiority, 2) non- white immigrants cannot become citizens • Stereotypes increase during conflict between China and Western powers (Opium Wars) • Encyclopedia Britannica (1842, vol. -
Getting to Work: Why Nobody Cares About E-Verify (And Why They Should)
Assembled_V2I1_v7 (Do Not Delete) 4/24/2012 10:38 PM Getting to Work: Why Nobody Cares About E-Verify (And Why They Should) Juliet P. Stumpf* Employment is traditionally conceptualized as a private contract between employer and employee. The Immigration Reform and Control Act of 1986 (IRCA), which prohibited employers from knowingly hiring employees not authorized to work and required employers to request evidence of work authorization, introduced the government into this private relationship as an immigration enforcer and recast the employer as an immigration law gatekeeper. Today, comprehensive immigration reform initiatives propose to implement a nationwide system called E- Verify through which employers check employees’ work authorization via on-line government databases. E-Verify unveils how the employment verification laws establish U.S. employees as a class circumscribed by government authorization to work. More than IRCA, it increases the presence of government in the establishment of the employment relationship for all employees, regardless of citizenship status. E-Verify represents a contemporary example of a recurring phenomenon in U.S. immigration law: the imposition of immigration enforcement costs on the U.S. population as a whole. In pursuit of enforcement goals, E-Verify impacts significant individual interests. It does so by creating a very small risk per individual of a harmful error, but aggregates that risk across the working population. That small population-wide risk is paired with greater risks that the harmful error will fall on a minority of the population, unsettling the workplace’s potential for democratic integration. * Professor of Law, Lewis & Clark Law School. This Article was inspired by a talk given at Lewis & Clark Law School by Bruce Friedman, Senior Policy Advisor, Office for Civil Rights & Civil Liberties of the Department of Homeland Security. -
Use of Force Policy Handbook Office Oftraining and Development October 2010 HB 4500-01B
Use of Force Policy Handbook Office ofTraining and Development October 2010 HB 4500-01B For Official Use Only Law Enforcement Sensitive CBP Use of Force Policy Handbook October 2010 FOREWORD FROM THE COMMISSIONER I am very pleased to bring you the first version of the U.S. Customs and Border Protection Use of Force Policy Handbook. This Policy supersedes the U.S. Customs Firearms and Use of Force Handbook (CIS HB 4500-01A) dated March 2003; the U.S. Customs and Border Protection Interim Use of Force and Firearms Guidelines dated October 11, 2004; the INS Firearms Policy dated 19 February 2003; the U.S. Customs Firearms and Use of Force Training Policy (CD 4510-017A ) dated December 17, 2001; the 24 Hour Carry of Firearms by Office of Field Operations Personnel (ENF-3-FO RDJ) dated March 3, 2000; and the U.S. Immigration and Customs Enforcement Interim Firearms and Use of Force Policies dated July 7, 2004 (as they applied to CBP components transferred from U.S. Immigration and Customs Enforcement). This Handbook sets forth the Policy for use of force within U.S. Customs and Border Protection (CBP). It was developed to provide all CBP personnel a single, unifying use of force reference, while enabling CBP operational component leadership to address use of force related issues unique to their respective workplace environments and adopt more detailed operational guidance. This Policy reflects CBP’s commitment to balance the need to secure America’s borders with the need to preserve individual liberties as prescribed by law. CBP adheres to the Department of Homeland Security’s Use of Deadly Force Policy and Commitment to Race Neutrality in Law Enforcement Activities statements, which are attached as appendices and referenced throughout the body of this Policy. -
THE US IMMIGRATION SYSTEM: Principles, Interests, and Policy Proposals to Guide Long-Term Reform
JANUARY 2018 THE US IMMIGRATION SYSTEM: Principles, Interests, and Policy Proposals to Guide Long-Term Reform S1 Moving Beyond Comprehensive Immigration Reform S163 Separated Families: Barriers to Family Reunification and Trump: Principles, Interests, and Policies to Guide After Deportation Long-Term Reform of the US Immigration System DEBORAH A. BOEHM DONALD KERWIN S179 US Immigration Policy and the Case for Family Unity S37 Making America 1920 Again? Nativism and US ZOYA GUBERNSKAYA and JOANNA DREBY Immigration, Past and Present JULIA G. YOUNG S193 Creating Cohesive, Coherent Immigration Policy PIA O. ORRENIUS and MADELINE ZAVODNY S56 Working Together: Building Successful Policy and Program Partnerships for Immigrant Integration S207 Segmentation and the Role of Labor Standards ELS DE GRAAUW and IRENE BLOEMRAAD Enforcement in Immigration Reform JANICE FINE and GREGORY LYON S75 Citizenship After Trump PETER J. SPIRO S228 Mainstreaming Involuntary Migration in Development Policies S84 Enforcement, Integration, and the Future of JOHN W. HARBESON Immigration Federalism CRISTINA RODRIGUEZ S233 Immigration Policy and Agriculture: Possible Directions for the Future S116 Is Border Enforcement Effective? What We Know and PHILIP MARTIN What It Means EDWARD ALDEN S244 National Interests and Common Ground in the US Immigration Debate: How to Legalize the US S126 Immigration Adjudication: The Missing “Rule of Law” Immigration System and Permanently Reduce Its LENNI B. BENSON Undocumented Population DONALD KERWIN and ROBERT WARREN S151 The Promise of a Subject-Centered Approach to Understanding Immigration Noncompliance in the United States EMILY RYO A publication of the Executive Editor: Donald Kerwin Lynn Shotwell Executive Director, Center for Migration Studies Council for Global Immigration Associate Editors: Margaret Stock John J.