Border Law

Border Law
Author: Deborah A. Rosen
Publisher: Harvard University Press
Total Pages: 329
Release: 2015-04-06
Genre: Law
ISBN: 0674425715
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The First Seminole War of 1816–1818 played a critical role in shaping how the United States demarcated its spatial and legal boundaries during the early years of the republic. Rooted in notions of American exceptionalism, manifest destiny, and racism, the legal framework that emerged from the war laid the groundwork for the Monroe Doctrine, the Dred Scott decision, and U.S. westward expansion over the course of the nineteenth century, as Deborah Rosen explains in Border Law. When General Andrew Jackson’s troops invaded Spanish-ruled Florida in the late 1810s, they seized forts, destroyed towns, and captured or killed Spaniards, Britons, Creeks, Seminoles, and African-descended people. As Rosen shows, Americans vigorously debated these aggressive actions and raised pressing questions about the rights of wartime prisoners, the use of military tribunals, the nature of sovereignty, the rules for operating across territorial borders, the validity of preemptive strikes, and the role of race in determining legal rights. Proponents of Jackson’s Florida campaigns claimed a place for the United States as a member of the European diplomatic community while at the same time asserting a regional sphere of influence and new rules regarding the application of international law. American justifications for the incursions, which allocated rights along racial lines and allowed broad leeway for extraterritorial action, forged a more unified national identity and set a precedent for an assertive foreign policy.

Immigration Law and the U.S.–Mexico Border

Immigration Law and the U.S.–Mexico Border
Author: Kevin R. Johnson
Publisher: University of Arizona Press
Total Pages: 314
Release: 2011-11-01
Genre: Social Science
ISBN: 0816505594
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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.

The INS on the Line

The INS on the Line
Author: S. Deborah Kang
Publisher: Oxford University Press
Total Pages: 297
Release: 2017
Genre: HISTORY
ISBN: 0199757437
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"For much of the twentieth century, Immigration and Naturalization Service (INS) officials recognized that the US-Mexico border region was a special case. Here, the INS confronted a set of political, social, and environmental obstacles that prevented it from replicating its achievements at the immigration stations of Angel Island and Ellis Island. In response to these challenges, local INS officials resorted to the law--amending, nullifying, and even rewriting the nation's immigration laws for the borderlands, as well as enforcing them. In The INS on the Line, S. Deborah Kang traces the ways in which the INS on the US-Mexico border made the nation's immigration laws over the course of the twentieth century. While the INS is primarily thought to be a law enforcement agency, Kang demonstrates that the agency also defined itself as a lawmaking body. Through a nuanced examination of the agency's admission, deportation, and enforcement practices in the Southwest, she reveals how local immigration officials constructed a complex approach to border control, one that closed the line in the name of nativism and national security, opened it for the benefit of transnational economic and social concerns, and redefined it as a vast legal jurisdiction for the policing of undocumented immigrants. Despite its contingent and local origins, this composite approach to border control, Kang concludes, continues to inform the daily operations of the nation's immigration agencies, American immigration law and policy, and conceptions of this border today"--

Porous Borders

Porous Borders
Author: Julian Lim
Publisher: UNC Press Books
Total Pages: 321
Release: 2017-10-10
Genre: Social Science
ISBN: 146963550X
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With the railroad's arrival in the late nineteenth century, immigrants of all colors rushed to the U.S.-Mexico borderlands, transforming the region into a booming international hub of economic and human activity. Following the stream of Mexican, Chinese, and African American migration, Julian Lim presents a fresh study of the multiracial intersections of the borderlands, where diverse peoples crossed multiple boundaries in search of new economic opportunities and social relations. However, as these migrants came together in ways that blurred and confounded elite expectations of racial order, both the United States and Mexico resorted to increasingly exclusionary immigration policies in order to make the multiracial populations of the borderlands less visible within the body politic, and to remove them from the boundaries of national identity altogether. Using a variety of English- and Spanish-language primary sources from both sides of the border, Lim reveals how a borderlands region that has traditionally been defined by Mexican-Anglo relations was in fact shaped by a diverse population that came together dynamically through work and play, in the streets and in homes, through war and marriage, and in the very act of crossing the border.

Crossing Law’s Border

Crossing Law’s Border
Author: Shauna Labman
Publisher: UBC Press
Total Pages: 267
Release: 2019-11-01
Genre: Law
ISBN: 0774862203
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Resettlement – the selection and transfer of refugees from the state where they seek asylum to another state – is considered a tool of refugee protection. In this nuanced account of Canada’s resettlement program from the Indochinese crisis of the 1970s to the Syrian crisis of the 2010s, Shauna Labman examines the role that law plays in resettlement and the impact of resettlement on asylum policies. She concludes that resettlement programs can either complement or complicate in-country asylum claims at a time when fear of outsiders is causing countries to close their borders to asylum-seekers around the world.

Border Security

Border Security
Author: James R. Phelps
Publisher: Carolina Academic Press LLC
Total Pages: 524
Release: 2017
Genre: Border security
ISBN: 9781611638219
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The Shifting Border - Legal Cartographies of Migration and Mobility

The Shifting Border - Legal Cartographies of Migration and Mobility
Author: Ayelet Shachar
Publisher:
Total Pages: 224
Release: 2020-02
Genre:
ISBN: 9781526145338
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A critical assessment from the perspective of political and legal theory of how shifting borders impact on migration, mobility and the protection of displaced persons

United States Code

United States Code
Author: United States
Publisher:
Total Pages: 1506
Release: 2013
Genre: Law
ISBN:
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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Opening the Floodgates

Opening the Floodgates
Author: Kevin R. Johnson
Publisher: NYU Press
Total Pages: 300
Release: 2007-10
Genre: History
ISBN: 0814742866
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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.

Border and Rule

Border and Rule
Author: Harsha Walia
Publisher: Haymarket Books
Total Pages: 307
Release: 2021-02-09
Genre: Political Science
ISBN: 1642593885
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In Border and Rule, one of North America’s foremost thinkers and immigrant rights organizers delivers an unflinching examination of migration as a pillar of global governance and gendered racial class formation. Harsha Walia disrupts easy explanations for the migrant and refugee crises, instead showing them to be the inevitable outcomes of the conquest, capitalist globalization, and climate change that are generating mass dispossession worldwide. Border and Rule explores a number of seemingly disparate global geographies with shared logics of border rule that displace, immobilize, criminalize, exploit, and expel migrants and refugees. With her keen ability to connect the dots, Walia demonstrates how borders divide the international working class and consolidate imperial, capitalist, and racist nationalist rule. Ambitious in scope and internationalist in orientation, Border and Rule breaks through American exceptionalist and liberal responses to the migration crisis and cogently maps the lucrative connections between state violence, capitalism, and right-wing nationalism around the world. Illuminating the brutal mechanics of state formation, Walia exposes US border policy as a product of violent territorial expansion, settler-colonialism, enslavement, and gendered racial ideology. Further, she compellingly details how Fortress Europe and White Australia are using immigration diplomacy and externalized borders to maintain a colonial present, how temporary labor migration in the Arab Gulf states and Canada is central to citizenship regulation and labor control, and how racial violence is escalating deadly nationalism in the US, Israel, India, the Philippines, Brazil, and across Europe, while producing a disaster of statelessness for millions elsewhere. A must-read in these difficult times of war, inequality, climate change, and global health crisis, Border and Rule is a clarion call for revolution. The book includes a foreword from renowned scholar Robin D. G. Kelley and an afterword from acclaimed activist-academic Nick Estes.