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30 books match the query 'Emigration and immigration law'

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Abolitionist Intimacies

Queer and Trans Migrants against the Deportation State

Eithne Luibheid

Duke University Press, 2025

In Abolitionist Intimacies, Eithne Luibhéid examines writings by and about queer- and trans-identified migrants and allies who contest pervasive US immigration practices and work toward a future without detention, deportation, and border controls. Luibhéid shows how these migrants and activists confront such controls by mobilizing intimacies—forging close connections in order to survive in the present. From forms of kinship beyond the heterosexual nuclear family to networks of solidarity, intimacies allow queer and trans migrants and allies to challenge the infrastructures that support the deportation state: proposed pathways to citizenship for undocumented migrants; marriage as a means for legalization; traffic interactions as a pipeline to deportation; and queer and trans migrant detention. In the process, activists and theorists have advanced new visions and configurations of possible intimacies that not only challenge deportation but also rework what immigration control and citizenship could mean. By focusing on these abolitionist efforts as well as the publicly available records on queer and trans deportees, Luibhéid highlights the new understandings that emerge when the experiences of queer and trans people are centered.

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After They Closed the Gates

Jewish Illegal Immigration to the United States, 1921-1965

Libby Garland

University of Chicago Press, 2014

In 1921 and 1924, the United States passed laws to sharply reduce the influx of immigrants into the country. By allocating only small quotas to the nations of southern and eastern Europe, and banning almost all immigration from Asia, the new laws were supposed to stem the tide of foreigners considered especially inferior and dangerous. However, immigrants continued to come, sailing into the port of New York with fake passports, or from Cuba to Florida, hidden in the holds of boats loaded with contraband liquor. Jews, one of the main targets of the quota laws, figured prominently in the new international underworld of illegal immigration. However, they ultimately managed to escape permanent association with the identity of the “illegal alien” in a way that other groups, such as Mexicans, thus far, have not.

In After They Closed the Gates, Libby Garland tells the untold stories of the Jewish migrants and smugglers involved in that underworld, showing how such stories contributed to growing national anxieties about illegal immigration. Garland also helps us understand how Jews were linked to, and then unlinked from, the specter of illegal immigration. By tracing this complex history, Garland offers compelling insights into the contingent nature of citizenship, belonging, and Americanness.

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All of Us or None

Migrant Organizing in an Era of Deportation and Dispossession

Monisha Das Gupta

Duke University Press, 2024

In All of Us or None, Monisha Das Gupta tells the story of contemporary antideportation organizing in the United States by migrants and refugees labeled as criminal aliens. These activists, who live daily with criminalization, work against forms of deportation that Das Gupta calls settler carcerality—the United States’ use of deportation to exert territorial control in the face of Indigenous self-determination. Drawing on fieldwork with antideportation organizing groups in New York, Los Angeles, Long Beach, and Honolulu, Das Gupta documents the inventive methods of struggle against settler carcerality. Das Gupta shows how the organizers’ actions and visions depart from the settler colonial nature of the mainstream demands for a pathway to citizenship and civil rights. Through direct action, storytelling, political education, and youth and queer leadership, these organizations and collectives conceptualize an abolitionist vision of migration justice that rejects the settler state and encompasses all those who are disavowed. By highlighting this work, Das Gupta demonstrates the transformative promise offered by a dissident migrant-led politics working toward dismantling settler structures and logics.

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Beyond Smoke and Mirrors

Mexican Immigration in an Era of Economic Integration

Douglas S. Massey

Russell Sage Foundation, 2002

Migration between Mexico and the United States is part of a historical process of increasing North American integration. This process acquired new momentum with the passage of the North American Free Trade Agreement in 1994, which lowered barriers to the movement of goods, capital, services, and information. But rather than include labor in this new regime, the United States continues to resist the integration of the labor markets of the two countries. Instead of easing restrictions on Mexican labor, the United States has militarized its border and adopted restrictive new policies of immigrant disenfranchisement. Beyond Smoke and Mirrors examines the devastating impact of these immigration policies on the social and economic fabric of the Mexico and the United States, and calls for a sweeping reform of the current system. Beyond Smoke and Mirrors shows how U.S. immigration policies enacted between 1986–1996—largely for symbolic domestic political purposes—harm the interests of Mexico, the United States, and the people who migrate between them. The costs have been high. The book documents how the massive expansion of border enforcement has wasted billions of dollars and hundreds of lives, yet has not deterred increasing numbers of undocumented immigrants from heading north. The authors also show how the new policies unleashed a host of unintended consequences: a shift away from seasonal, circular migration toward permanent settlement; the creation of a black market for Mexican labor; the transformation of Mexican immigration from a regional phenomenon into a broad social movement touching every region of the country; and even the lowering of wages for legal U.S. residents. What had been a relatively open and benign labor process before 1986 was transformed into an exploitative underground system of labor coercion, one that lowered wages and working conditions of undocumented migrants, legal immigrants, and American citizens alike. Beyond Smoke and Mirrors offers specific proposals for repairing the damage. Rather than denying the reality of labor migration, the authors recommend regularizing it and working to manage it so as to promote economic development in Mexico, minimize costs and disruptions for the United States, and maximize benefits for all concerned. This book provides an essential "user's manual" for readers seeking a historical, theoretical, and substantive understanding of how U.S. policy on Mexican immigration evolved to its current dysfunctional state, as well as how it might be fixed.

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Border Brokers

Children of Mexican Immigrants Navigating U.S. Society, Laws, and Politics

Christina M. Getrich

University of Arizona Press, 2019

Some 16.6 million people nationwide live in mixed-status families, containing a combination of U.S. citizens, residents, and undocumented immigrants. U.S. immigration governance has become an almost daily news headline. Yet even in the absence of federal immigration reform over the last twenty years, existing policies and practices have already been profoundly impacting these family units.

Based on ethnographic fieldwork in San Diego over more than a decade, Border Brokers documents the continuing deleterious effects of U.S. immigration policies and enforcement practices on a group of now young adults and their families. In the first book-length longitudinal study of mixed-status families, Christina M. Getrich provides an on-the-ground portrayal of these young adults’ lives from their own perspectives and in their own words.

More importantly, Getrich identifies how these individuals have developed resiliency and agency beginning in their teens to improve circumstances for immigrant communities. Despite the significant constraints their families face, these children have emerged into adulthood as grounded and skilled brokers who effectively use their local knowledge bases, life skills honed in their families, and transborder competencies. Refuting the notion of their failure to assimilate, she highlights the mature, engaged citizenship they model as they transition to adulthood to be perhaps their most enduring contribution to creating a better U.S. society.

An accessible ethnography rooted in the everyday, this book portrays the complexity of life in the U.S.-Mexico borderlands. It offers important insights for anthropologists, educators, policy-makers, and activists working on immigration and social justice issues.

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Captivity Beyond Prisons

Criminalization Experiences of Latina (Im)migrants

By Martha D. Escobar

University of Texas Press, 2016

Today the United States leads the world in incarceration rates. The country increasingly relies on the prison system as a “fix” for the regulation of societal issues. Captivity Beyond Prisons is the first full-length book to explicitly link prisons and incarceration to the criminalization of Latina (im)migrants.

Starting in the 1990s, the United States saw tremendous expansion in the number of imprisoned (im)migrants, specifically Latinas/os. Consequently, there was also an increase in the number of deportations. In addition to regulating society, prisons also serve as a reproductive control strategy, both in preventing female inmates from having children and by separating them from their families. With an eye to racialized and gendered technologies of power, Escobar argues that incarcerated Latinas are especially depicted as socially irrecuperable because they are not considered useful within the neoliberal labor market. This perception impacts how they are criminalized, which is not limited to incarceration but also extends to and affects Latina (im)migrants’ everyday lives. Escobar also explores the relationship between the immigrant rights movement and the prison abolition movement, scrutinizing a variety of social institutions working on solutions to social problems that lead to imprisonment.

Accessible to both academics and those in the justice and social service sectors, Escobar’s book pushes readers to consider how, even in radical spaces, unequal power relations can be reproduced by the very entities that attempt to undo them.

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Deported Americans

Life after Deportation to Mexico

Beth Caldwell

Duke University Press, 2019

When Gina was deported to Tijuana, Mexico, in 2011, she left behind her parents, siblings, and children, all of whom are U.S. citizens. Despite having once had a green card, Gina was removed from the only country she had ever known. In Deported Americans legal scholar and former public defender Beth C. Caldwell tells Gina's story alongside those of dozens of other Dreamers, who are among the hundreds of thousands who have been deported to Mexico in recent years. Many of them had lawful status, held green cards, or served in the U.S. military. Now, they have been banished, many with no hope of lawfully returning. Having interviewed over one hundred deportees and their families, Caldwell traces deportation's long-term consequences—such as depression, drug use, and homelessness—on both sides of the border. Showing how U.S. deportation law systematically fails to protect the rights of immigrants and their families, Caldwell challenges traditional notions of what it means to be an American and recommends legislative and judicial reforms to mitigate the injustices suffered by the millions of U.S. citizens affected by deportation.

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Disappearing Rooms

The Hidden Theaters of Immigration Law

Michelle Castañeda

Duke University Press, 2023

In Disappearing Rooms Michelle Castañeda lays bare the criminalization of race enacted every day in US immigration courts and detention centers. She uses a performance studies perspective to show how the theatrical concept of mise-en-scène offers new insights about immigration law and the absurdist dynamics of carceral space. Castañeda draws upon her experiences in immigration trials as an interpreter and courtroom companion to analyze the scenography—lighting, staging, framing, gesture, speech, and choreography—of specific rooms within the immigration enforcement system. Castañeda’s ethnographies of proceedings in a “removal” office in New York City, a detention center courtroom in Texas, and an asylum office in the Northeast reveal the depersonalizing violence enacted in immigration law through its embodied, ritualistic, and affective components. She shows how the creative practices of detained and disappeared people living under acute duress imagine the abolition of detention and borders. Featuring original illustrations by artist-journalist Molly Crabapple, Disappearing Rooms shines a light into otherwise hidden spaces of law within the contemporary deportation regime.

Duke University of Press Scholars of Color First Book Award Recipient

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Immigration Law and the U.S.–Mexico Border

¿Sí se puede?

Kevin R. Johnson and Bernard Trujillo

University of Arizona Press, 2011

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.

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Immigration and the Law

Race, Citizenship, and Social Control

Edited by Sofía Espinoza Álvarez and Martin Guevara Urbina

University of Arizona Press, 2018

In the era of globalization, shifting political landscapes, and transnational criminal organizations, discourse around immigration is reaching unprecedented levels. Immigration and the Law is a timely and significant volume of essays that addresses the social, political, and economic contexts of migration in the United States. The contributors analyze the historical and contemporary landscapes of immigration laws, their enforcement, and the discourse surrounding these events, as well as the mechanisms, beliefs, and ideologies that govern them.

In today’s highly charged atmosphere, Immigration and the Law gives readers a grounded and broad overview of U.S. immigration law in a single book. Encompassing issues such as shifting demographics, a changing criminal justice system, and volatile political climate, the book is critically significant for academic, political, legal, and social arenas.

The contributors offer sound evidence to expose the historical legacy of violence, brutality, manipulation, oppression, marginalization, prejudice, discrimination, power, and control. Demystifying the ways that current ideas of ethnicity, race, gender, and class govern immigration and uphold the functioning and legitimacy of the criminal justice system, Immigration and the Law presents a variety of studies and perspectives that offer a pathway toward addressing long-neglected but vital topics in the discourse on immigration and the law.

Contributors

Sofía Espinoza Álvarez
Steven W. Bender
Leo R. Chávez
Arnoldo De León
Daniel Justino Delgado
Roxanne Lynn Doty
Brenda I. Gill
Ruth Gomberg-Muñoz
Peter Laufer
Lupe S. Salinas
Mary C. Sengstock
Martin Guevara Urbina
Claudio G. Vera Sánchez

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Immigration and the Politics of American Sovereignty, 1890-1990

Cheryl Shanks

University of Michigan Press, 2001

What does it mean to be an American? The United States defines itself by its legal freedoms; it cannot tell its citizens who to be. Nevertheless, where possible, it must separate citizen from alien. In so doing, it defines the desirable characteristics of its citizens in immigration policy, spelling out how many and, most importantly, what sorts of persons can enter the country with the option of becoming citizens.

Over the past century, the U.S. Congress argued first that prospective citizens should be judged in terms of race, then in terms of politics, then of ideology, then of wealth and skills. Each argument arose in direct response to a perceived foreign threat--a threat that was, in the government's eyes, racial, political, ideological, or economic. Immigration and the Politics of American Sovereignty traces how and why public arguments about immigrants changed over time, how some arguments came to predominate and shape policy, and what impact these arguments have had on how the United States defines and defends its sovereignty.

Cheryl Shanks offers readers an explanation for immigration policy that is more distinctly political than the usual economic and cultural ones. Her study, enriched by the insights of international relations theory, adds much to our understanding of the notion of sovereignty and as such will be of interest to scholars of international relations, American politics, sociology, and American history.

Cheryl Shanks is Assistant Professor of Political Science, Williams College.

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Islands of Sovereignty

Haitian Migration and the Borders of Empire

Jeffrey S. Kahn

University of Chicago Press, 2018

In Islands of Sovereignty, anthropologist and legal scholar Jeffrey S. Kahn offers a new interpretation of the transformation of US borders during the late twentieth century and its implications for our understanding of the nation-state as a legal and political form. Kahn takes us on a voyage into the immigration tribunals of South Florida, the Coast Guard vessels patrolling the northern Caribbean, and the camps of Guantánamo Bay—once the world’s largest US-operated migrant detention facility—to explore how litigation concerning the fate of Haitian asylum seekers gave birth to a novel paradigm of offshore oceanic migration policing. Combining ethnography—in Haiti, at Guantánamo, and alongside US migration patrols in the Caribbean—with in-depth archival research, Kahn expounds a nuanced theory of liberal empire’s dynamic tensions and its racialized geographies of securitization. An innovative historical anthropology of the modern legal imagination, Islands of Sovereignty forces us to reconsider the significance of the rise of the current US immigration border and its relation to broader shifts in the legal infrastructure of contemporary nation-states across the globe.

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Legalizing Moves

Salvadoran Immigrants' Struggle for U.S. Residency

Susan Bibler Coutin

University of Michigan Press, 2003

Legalizing Moves analyzes the battle Salvadoran immigrants have fought for two decades to win legal permanent residency in the United States. Drawing on interviews with Salvadoran asylum applicants, observations of deportation hearings, and fieldwork within the Salvadoran community in Los Angeles, Susan Bibler Coutin illustrates the profound effects of increasingly restrictive immigration laws on the lives of undocumented immigrants in the U.S.

Susan Bibler Coutin is Assistant Professor in the Department of Criminology, Law, and Society, at the University of California, Irvine.

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Model Immigrants and Undesirable Aliens

The Cost of Immigration Reform in the 1990s

Christina Gerken

University of Minnesota Press, 2013

During 1995 and 1996, President Bill Clinton signed into law three bills that altered the rights and responsibilities of immigrants: the Antiterrorism and Effective Death Penalty Act, the Personal Responsibility Act, and the Illegal Immigration Reform and Immigrant Responsibility Act. Model Immigrants and Undesirable Aliens examines the changing debates around immigration that preceded and followed the passage of landmark legislation by the U.S. Congress in the mid-1990s, arguing that it represented a new, neoliberal way of thinking and talking about immigration.

Christina Gerken explores the content and the social implications of the deliberations that surrounded the development and passage of immigration reform, analyzing a wide array of writings from congressional debates and committee reports to articles and human-interest stories in mainstream newspapers. The process, she shows, disguised its underlying racism by creating discursive strategies that shaped and upheld an image of “desirable” immigrants—those who could demonstrate “personal responsibility” and an ability to contribute to the U.S. economy. Gerken finds that politicians linked immigration to complex issues: poverty, welfare reform, so-called family values, measures designed to combat terrorism, and the spiraling costs of social welfare programs.

Although immigrants were often at the center of congressional debates, politicians constructed an elaborate, abstract terminology that appeared to be unrelated to race or gender. Instead, politicians promoted neoliberal policies as the avenue to a postracist, postsexist world of opportunity for every rational consumer with an entrepreneurial spirit. Still, Gerken concludes that the passage of pathbreaking legislation was characterized by a useful tension between neoliberal assumptions and hidden anxieties about race, class, gender, and sexuality.

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Naturalization

A Queer Genealogy of US Citizenship, Race, and Sexuality

Siobhan B. Somerville

Duke University Press, 2026

Amid contentious debates about citizenship, borders, and belonging, naturalization tends to stand apart, widely celebrated as the culmination of immigrant narratives and American ideals of liberalism. In Naturalization, Siobhan B. Somerville unsettles this story, showing how the process of citizen-making has historically been embedded in normative assumptions about race, indigeneity, and sexuality that have sustained the US settler colonial project. Tracing an alternative genealogy of naturalization from the eighteenth century through the mid-twentieth, Somerville investigates overlooked stories not only of immigrants but also of Indigenous people, formerly enslaved people of African descent, and inhabitants of US territories, many of whom became US citizens through collective naturalization, often without their consent. Somerville’s interdisciplinary approach to a wide-ranging archive—including federal law, photographs, letters, and memoirs—shows how naturalization has long functioned as both a powerful metaphor and a contradictory material practice at the core of the US settler colonial state.

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New Borders

Migration, Hotspots and the European Superstate

Antonis Vradis, Evie Papada, Joe Painter, and Anna Papoutsi

Pluto Press, 2018

New Borders is the culmination of two years of research on the Mediterranean migration crisis of 2015-16. The book focuses on Lesbos, a Greek island that came under intense media and political scrutiny as more than one million people crossed its borders, changing and remaking life there. When these migrants—more than ten times the island’s earlier population—landed on Lesbos’s shores, local authorities were dismantled and replaced by supranational law and authority. In the ensuing months, reception turned to detention, rescue to registration, and refuge to duress.
As borders across Europe have come to symbolize the European Union, this book provides answers to questions of European policy, the securitization of national boundaries, and how legislation determines who is free to belong to a place.

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On Transits and Transitions

Trans Migrants and U.S. Immigration Law

Tristan Josephson

Rutgers University Press, 2023

Celebrations of the “transgender tipping point” in the second decade of the twenty-first century occurred at the same time of heightened debates and anxieties about immigration in the United States. On Transits and Transitions explores what the increased visibility of trans people in the public sphere means for trans migrants and provides a counter-narrative to the dominant discourse that the inclusion of transgender issues in law and policy represents the progression of legal equality for trans communities. Focusing on the intersection of immigration and trans rights, Josephson presents a careful and innovative examination of the processes by which the category of transgender is produced through and incorporated into the key areas of asylum law, marriage and immigration law, and immigration detention policies. Using mobility as a critical lens, On Transits and Transitions captures the insecurity and precarity created by U.S. immigration control and related processes of racialization to show how im/mobility conditions citizenship and national belonging for trans migrants in the United States.

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Paper Families

Identity, Immigration Administration, and Chinese Exclusion

Estelle T. Lau

Duke University Press, 2006

The Chinese Exclusion Act of 1882 made the Chinese the first immigrant group officially excluded from the United States. In Paper Families, Estelle T. Lau demonstrates how exclusion affected Chinese American communities and initiated the development of restrictive U.S. immigration policies and practices. Through the enforcement of the Exclusion Act and subsequent legislation, the U.S. immigration service developed new forms of record keeping and identification practices. Meanwhile, Chinese Americans took advantage of the system’s loophole: children of U.S. citizens were granted automatic eligibility for immigration. The result was an elaborate system of “paper families,” in which U.S. citizens of Chinese descent claimed fictive, or “paper,” children who could then use their kinship status as a basis for entry into the United States. This subterfuge necessitated the creation of “crib sheets” outlining genealogies and providing village maps and other information that could be used during immigration processing.

Drawing on these documents as well as immigration case files, legislative materials, and transcripts of interviews and court proceedings, Lau reveals immigration as an interactive process. Chinese immigrants and their U.S. families were subject to regulation and surveillance, but they also manipulated and thwarted those regulations, forcing the U.S. government to adapt its practices and policies. Lau points out that the Exclusion Acts and the pseudo-familial structures that emerged in response have had lasting effects on Chinese American identity. She concludes with a look at exclusion’s legacy, including the Confession Program of the 1960s that coerced people into divulging the names of paper family members and efforts made by Chinese American communities to recover their lost family histories.

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