The Network for Justice: Pursuing a Latinx Civil Rights Agenda
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IMMIGRATION LAW BASICS How Does the United States Immigration System Work?
IMMIGRATION LAW BASICS How does the United States immigration system work? Multiple agencies are responsible for the execution of immigration laws. o The Immigration and Naturalization Service (“INS”) was abolished in 2003. o Department of Homeland Security . USCIS . CBP . ICE . Attorney General’s role o Department of Justice . EOIR . Attorney General’s role o Department of State . Consulates . Secretary of State’s role o Department of Labor . Employment‐related immigration Our laws, while historically pro‐immigration, have become increasingly restrictive and punitive with respect to noncitizens – even those with lawful status. ‐ Pro‐immigration history of our country o First 100 Years: 1776‐1875 ‐ Open door policy. o Act to Encourage Immigration of 1864 ‐ Made employment contracts binding in an effort to recruit foreign labor to work in factories during the Civil War. As some states sought to restrict immigration, the Supreme Court declared state laws regulating immigration unconstitutional. ‐ Some early immigration restrictions included: o Act of March 3, 1875: excluded convicts and prostitutes o Chinese Exclusion Act of 1882: excluded persons from China (repealed in 1943) o Immigration Act of 1891: Established the Bureau of Immigration. Provided for medical and general inspection, and excluded people based on contagious diseases, crimes involving moral turpitude and status as a pauper or polygamist ‐ More big changes to the laws in the early to mid 20th century: o 1903 Amendments: excluded epileptics, insane persons, professional beggars, and anarchists. o Immigration Act of 1907: excluded feeble minded persons, unaccompanied children, people with TB, mental or physical defect that might affect their ability to earn a living. -
“Go After the Women”: Mothers Against Illegal Aliens' Campaign
“Go After the Women”: Mothers Against Illegal Aliens’ Campaign Against Mexican Immigrant Women and Their Children ∗ MARY ROMERO INTRODUCTION.....................................................................................................1355 I. INTERSECTIONALITY AND MOTHERING DISCOURSES ..................................1363 A. Domesticity and Motherhood............................................................1363 B. Latina Immigrants and Domesticity..................................................1365 C. Race, Ethnicity, Class, Citizenship, and Unfit Mothers....................1367 II. CONSTRUCTING ANTI-IMMIGRANT CAMPAIGN AGAINST IMMIGRANT MOTHERS ...................................................................................................1370 A. Nativism and Mothering Discourse ..................................................1371 B. Establishing Economic and Security Threats ...................................1380 CONCLUSION........................................................................................................1388 INTRODUCTION “Protect Our Children, Secure Our Borders!” is the rallying cry adopted by Mothers Against Illegal Aliens (MAIA), an Arizona-based women’s anti-immigration group founded by Michelle Dallacroce in January 2006.1 Like other race-based nativist groups emerging in the United States, MAIA targets immigrants as the reason for overcrowded and low-achieving schools, increased crime, unemployment, poor access to affordable health care, and the overall drain on public benefits.2 As mounting -
Trumpfronterizo the Influence of Trumpism on Socio-Economic Cross-Border Flows in the San Diego – Tijuana Bi-National Metropolitan Area
Trumpfronterizo The influence of Trumpism on socio-economic cross-border flows in the San Diego – Tijuana bi-national metropolitan area Nadim van Minnen Radboud University Nijmegen | s4801431 1 Trumpfronterizo The influence of Trumpism on socio-economic cross-border flows in the San Diego – Tijuana bi-national metropolitan area Front page background sources: Autodesk, 2018. Own figure, 2017. Wikimedia Commons, 2017. Master thesis Nadim van Minnen Radboud University Nijmegen | Nijmegen School of Management Department of Geography, Planning and Environment MSc. Programme Human Geography: Globalisation, Migration and Development Thesis supervisor: Dr. Lothar Smith Nadim van Minnen [s4801431] [email protected] 10 July 2018 Radboud University Nijmegen 2 PREFACE This thesis was written as an integral part of the Master program of Human Geography and the track Globalisation, Migration and Development at Radboud University Nijmegen. This master thesis is the final assignment that needed to be completed in order finish this study, and therefore to receive my degree as a Master of Science. As can be seen in the methodology chapter and the conclusion, as well as annex 4, there were some small problems while doing this research, mostly due to the bi-national nature of this research. However, everything turned out alright in the end as I gathered plenty of information in order to make valid and informed statements regarding the issues at play in this thesis. A major thank you therefore goes out to my informants and expert interviewees for sacrificing their valuable time, their expertise and their willingness to participate. Without them and the useful information they provided me, I would not have gotten what I wanted out of this research. -
'Broken Borders' and Stone Walls
Talk of ‘Broken Borders’ and Stone Walls 21 Talk of ‘Broken Borders’ and Stone Walls: Anti-immigrant Discourse and Legislation from California to South Carolina Ann Kingsolver University of South Carolina The anti-immigrant sentiments that propelled the passage of California Proposition 187 in 1994 – linked to an economic downturn and worries about NAFTA – have been echoed across the U.S. over the intervening sixteen years. This article briefly reviews public discourse about anti-immigrant legislation in a wave of other states from California to South Carolina, and discusses the convergence of anti- immigrant and white supremacist projects in the U.S., using the concepts of market citizenship and citizen surveillance. As new anti-immigrant legislation is proposed in the South, understanding it within its national and historical context is important. This discussion includes consideration of the role of metaphor in both fueling and countering anti-immigrant discourse. Anti-immigrant discourse: ‘broken’ borders and stone walls Legislation that may be worded in terms of protecting U.S. or state citizens but be referred to in public discourse as anti-immigration or anti-immigrant legislation has been making its way through statehouses across the U.S. over the past decade and a half. This is the latest round of legislation blaming recent immigrants (often from a specific nation or set of nations) for economic hardship or criminal activity in the U.S., which is portrayed as possible to alleviate with the removal or barring of undocumented or “illegal immigrants.” The research question taken up here is: what larger discursive projects (e.g., racializing projects, cf. -
La Gran Marcha: Anti-Racism and Immigrants Rights in Southern California
La Gran Marcha: Anti-Racism and Immigrants Rights in Southern California Jenna M. Loyd1 Department of Geography, Syracuse University 144 Eggers Hall, Syracuse, NY 13244-1020 USA Email: [email protected] Andrew Burridge Department of Geography, University of Southern California, 416 Kaprielian Hall, Los Angeles, CA 90089-0255 USA Email: [email protected] Abstract Millions of people across the United States took to the streets in spring 2006 to protest repressive immigration legislation, demand just immigration reform, and seek justice in daily life. This article has two aims. First, we seek to intervene in the popular immigration debate, which denies racism and claims to be concerned only with law-and-order. Second, we analyze (im)migration politics in relation to national racial formations. That is, racialized immigration policies do not exist apart from a racially stratified citizenry. We rely on the concept of social death to trace state policies of immigration and criminalization as key sites of interracial and transnational struggles against racism and for justice and liberation. Thus, we seek to elucidate possibilities for anti-racist alliances and social change. We conclude with a discussion of the ways in which we see the immigrants rights movement connecting with other struggles for social justice, and the implications that 1 © Jenna M. Loyd and Andrew Burridge, 2007 La Gran Marcha: Anti-Racism and Immigrants Rights in Southern California 2 concepts of national racial formation and social death have for the movement against global apartheid. KEY WORDS: immigrants rights, racism, national racial formation, social death, criminalization, militarization, United States “Immigration politics also surfaced in California’s gubernatorial race … with Gov. -
Threatening Immigrants: Cultural Depictions of Undocumented Mexican Immigrants in Contemporary Us America
THREATENING IMMIGRANTS: CULTURAL DEPICTIONS OF UNDOCUMENTED MEXICAN IMMIGRANTS IN CONTEMPORARY US AMERICA Katharine Lee Schaab A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY August 2015 Committee: Jolie Sheffer, Advisor Lisa Hanasono Graduate Faculty Representative Rebecca Kinney Susana Peña © 2015 Katharine Schaab All Rights Reserved iii ABSTRACT Jolie Sheffer, Advisor This project analyzes how contemporary US cultural and legislative texts shape US society’s impression of undocumented (im)migrants and whether they fit socially constructed definitions of what it means to “be American” or part of the US national imaginary. I argue that (im)migrant-themed cultural texts, alongside legal policies, participate in racial formation projects that use racial logic to implicitly mark (im)migrants as outsiders while actively employing ideologies rooted in gender, economics, and nationality to rationalize (im)migrants’ exclusion or inclusion from the US nation-state. I examine the tactics anti- and pro-(im)migrant camps utilize in suppressing the role of race—particularly the rhetorical strategies that focus on class, nation, and gender as rationale for (im)migrants’ inclusion or exclusion—in order to expose the similar strategies governing contemporary US (im)migration thought and practice. This framework challenges dichotomous thinking and instead focuses on gray areas. Through close readings of political and cultural texts focused on undocumented (im)migration (including documentaries, narrative fiction, and photography), this project homes in on the gray areas between seemingly pro- and anti-(im)migrant discourses. I contend (im)migration-themed political and popular rhetoric frequently selects a specific identity marker (e.g. -
Immigrants Targeted: Extremist Rhetoric Moves Into the Mainstream
Reprinted with permission from Anti-Defamation League, [(c) 2008], www.adl.org Immigrants Targeted: Extremist Rhetoric Moves into the Mainstream ©2007 www.adl.org Reprinted with permission from Anti-Defamation League, [(c) 2008], www.adl.org About This Report The national conversation about immigration, both before and after the June 2007 defeat of the proposed immigration reform legislation in Congress, has become a deeply polarizing issue in American politics and public life. While there are valid and sincere arguments on both sides of the issue, the debate has also been framed, at times, by vitriolic anti-immigrant – and particularly anti-Hispanic – rhetoric and propaganda. Purveyors of this extremist rhetoric use stereotypes and outright bigotry to target immigrants and hold them responsible for numerous societal ills. The Anti-Defamation League (ADL), which previously has documented how extremist groups like the Ku Klux Klan and neo-Nazis have exploited the immigration issue to advance their own agenda, has become increasingly concerned about the virulent anti-immigrant and anti-Hispanic rhetoric employed by a handful of groups that have positioned themselves as legitimate, mainstream advocates against illegal immigration in America. Unlike the Ku Klux Klan and neo-Nazis, who make no attempt to hide their racism and bigotry, these anti- immigrant groups often use more subtle language to demonize immigrants and foreigners. They are frequently quoted in the media, have been called to testify before Congress, and often hold meetings with lawmakers and other public figures. However, under the guise of warning people about the impact of illegal immigration, these anti-immigrant groups often invoke the same dehumanizing, racist stereotypes as hate groups. -
Harvard Kennedy School Journal of Hispanic Policy a Harvard Kennedy School Student Publication
Harvard Kennedy School Journal of Hispanic Policy A Harvard Kennedy School Student Publication Volume 30 Staff Kristell Millán Editor-in-Chief Estivaliz Castro Senior Editor Alberto I. Rincon Executive Director Bryan Cortes Senior Editor Leticia Rojas Managing Editor, Print Jazmine Garcia Delgadillo Senior Amanda R. Matos Managing Editor, Editor Digital Daniel Gonzalez Senior Editor Camilo Caballero Director, Jessica Mitchell-McCollough Senior Communications Editor Rocio Tua Director, Alumni & Board Noah Toledo Senior Editor Relations Max Wynn Senior Editor Sara Agate Senior Editor Martha Foley Publisher Elizabeth Castro Senior Editor Richard Parker Faculty Advisor Recognition of Former Editors A special thank you to the former editors Alex Rodriguez, 1995–96 of the Harvard Kennedy School Journal of Irma Muñoz, 1996–97 Hispanic Policy, previously known as the Myrna Pérez, 1996–97 Harvard Journal of Hispanic Policy, whose Eraina Ortega, 1998–99 legacy continues to be a source of inspira- Nereyda Salinas, 1998–99 tion for Latina/o students Harvard-wide. Raúl Ruiz, 1999–2000 Maurilio León, 1999–2000 Henry A.J. Ramos, Founding Editor, Sandra M. Gallardo, 2000–01 1984–86 Luis S. Hernandez Jr., 2000–01 Marlene M. Morales, 1986–87 Karen Hakime Bhatia, 2001–02 Adolph P. Falcón, 1986–87 Héctor G. Bladuell, 2001–02 Kimura Flores, 1987–88 Jimmy Gomez, 2002–03 Luis J. Martinez, 1988–89 Elena Chávez, 2003–04 Genoveva L. Arellano, 1989–90 Adrian J. Rodríguez, 2004–05 David Moguel, 1989–90 Edgar A. Morales, 2005–06 Carlo E. Porcelli, 1990–91 Maria C. Alvarado, 2006–07 Laura F. Sainz, 1990–91 Tomás J. García, 2007–08 Diana Tisnado, 1991–92 Emerita F. -
The American Dream
1 The American Dream That American dream of a better, richer, and happier life for all our citizens of every rank . is the greatest contribution we have yet made to the thought and welfare of the world. —James Truslow Adams, The Epic of America On September 5, 2012, Benita Veliz, an undocumented youth advocate from San Antonio, Texas, took the podium during prime-time coverage of the Democratic National Convention. She made a plea for immigra- tion reform and urged fellow Latinos to reelect President Barack Obama because, she said, “he fought for my community.” Benita was brought to the United States as a child “like so many Americans of all races and backgrounds.” Unlike most of her U.S. citizen peers, Benita graduated at sixteen as the valedictorian of her high school and finished college at twenty with a double major, a record that would have made her eligible for citizenship if the Dream Act had passed in the U.S. Senate in 2010. First proposed in 2001 by Illinois senator Dick Durbin with bipartisan support, it was designed to give legal status to young immigrants who had entered the country before the age of sixteen and completed college study or military service. Benita explained, “I feel just as Ameri- can as any of my friends and neighbors. But I’ve had to live almost my entire life knowing that I could be deported.” She reminded her listeners, “When Congress failed to pass [the Dream Act], President Obama . took action so people like me can apply to stay in the country and contribute.” On June 15, 2012, late in the presidential campaign and under pressure from Latino groups, Obama issued an executive order that offered a temporary reprieve from deportation and short-term work authorization to young immigrants like her. -
Ussct Brief Template
No. 20-449 IN THE Supreme Court of the United States DEPARTMENT OF HOMELAND SECURITY, et al., Petitioners, v. NEW YORK, et al., Respondents. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT BRIEF IN OPPOSITION FOR THE STATES OF NEW YORK, CONNECTICUT, AND VERMONT, AND THE CITY OF NEW YORK LETITIA JAMES Attorney General State of New York BARBARA D. UNDERWOOD* Solicitor General MATTHEW COLANGELO STEVEN C. WU Chief Counsel Deputy Solicitor General for Federal Initiatives JUDITH N. VALE ELENA GOLDSTEIN Senior Assistant Deputy Bureau Chief Solicitor General Civil Rights Bureau 28 Liberty Street MING-QI CHU New York, New York 10005 Section Chief (212) 416-8020 Labor Bureau [email protected] *Counsel of Record (Counsel list continues on signature pages.) i QUESTION PRESENTED The Immigration and Nationality Act provides that an immigrant is “inadmissible,” and thus ineligible for legal-permanent-resident status, if the immigrant “is likely at any time to become a public charge.” 8 U.S.C. § 1182(a)(4)(A). “Public charge” is a term of art that has long been limited to individuals who are primarily dependent on the government for long-term subsistence. In August 2019, the United States Department of Homeland Security issued a Final Rule that, for the first time, expanded the statu- tory term “public charge” to include individuals who receive any amount of certain publicly funded supple- mental benefits for twelve months out of a thirty-six- month period, even though Congress designed these benefits to supplement health, nutrition, and economic stability rather than to provide long-term subsistence. -
19-161 Department of Homeland Security V
(Slip Opinion) OCTOBER TERM, 2019 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus DEPARTMENT OF HOMELAND SECURITY ET AL. v. THURAISSIGIAM CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 19–161. Argued March 2, 2020—Decided June 25, 2020 The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) provides for the expedited removal of certain “applicants” seeking admission into the United States, whether at a designated port of entry or elsewhere. 8 U. S. C. §1225(a)(1). An applicant may avoid expedited removal by demonstrating to an asylum officer a “credible fear of persecution,” defined as “a significant possibility . that the alien could establish eligibility for asylum.” §1225(b)(1)(B)(v). An ap- plicant who makes this showing is entitled to “full consideration” of an asylum claim in a standard removal hearing. 8 CFR §208.30(f). An asylum officer’s rejection of a credible-fear claim is reviewed by a su- pervisor and may then be appealed to an immigration judge. §§208.30(e)(8), 1003.42(c), (d)(1). But IIRIRA limits the review that a federal court may conduct on a petition for a writ of habeas corpus. -
PUBLIC CHARGE and the THREAT to IMMIGRANT FAMILIES in CALIFORNIA Reducing the Chilling Effect on Medi-Cal Participation
PUBLIC CHARGE AND THE THREAT TO IMMIGRANT FAMILIES IN CALIFORNIA Reducing the Chilling Effect on Medi-Cal Participation Grace Kim • Renee Lahey • Marcus Silva • Sean Tan CALIFORNIA IMMIGRANT POLICY CENTER ACKNOWLEDGEMENTS Thank you to the following individuals whose significant contributions were instrumental in developing this report: Prof. Mark A. Peterson, Primary Advisor Prof. Wesley Yin, Second Advisor Almas Sayeed, California Immigrant Policy Center Irma Livadic, Iman Nanji, Josh Summers, Caio Velasco, Ryan Weinberg; Peer Reviewers We would also like to thank the following individuals for their help in refining our analysis: Nancy Aspaturian Hon. Brian Nestande Adam Barsch Mike Odeh Connie Choi Prof. Ninez Ponce Prof. Darin Christensen Prof. Sarah Reber Madeleine Ildefonso Eric Schattl Mitchell Jacobs Kristen Golden Testa Sabrina Kim Prof. Abel Valenzuela Prof. Gerald Kominski Virdiana Velez Marielle Kress Joseph Villela Thai Le Prof. Steve Wallace Laurel Lucia AJ Young Disclaimer This report was prepared in partial fulfillment of the requirements for the Master of Public Policy degree in the Department of Public Policy at the University of California, Los Angeles. It was prepared at the direction of the Department and the California Immigrant Policy Center as a policy client. The views expressed herein are those of the authors and not necessarily those of the Department, the UCLA Luskin School of Public Affairs, UCLA as a whole, or the client. 2 TABLE OF CONTENTS Executive Summary 5 Glossary 6 Acronyms and Initialisms 7 Chapter