Ten Guiding Principles For Truly Comprehensive Immigration Reform: A Blueprint

This symposium, titled “Immigration Reform: Problems,Possibilities, and Pragmatic Solutions,” is perfectly timed. The nation for at least a decade has from time to time fiddled with immigration reform. Some might critically contend that the United States has fiddled as Rome burned.
Change may well be in the winds. In December 2009, an immigration reform bill was introduced in the U.S. House of Representatives. The Obama administration at one time had promised to pursue comprehensive immigration reform in 2010. We shall see whether Congress will—and can—address the all-important, yet deeply contentious, issue of immigration reform in an election year. Read More …

Proportional Deportation

Since 1893, when the U.S. Supreme Court decided Fong Yue Ting v. United States, deportation has been considered something other than punishment. It has been considered a civil tool for border control and, thus, a remedial measure rather than a punitive measure. As a civil remedial measure, the U.S. Supreme Court has concluded that constitutional criminal protections are not applicable to deportation. Additionally, the Court has yet to acknowledge other substantive constitutional restraints on the state’s power to deport noncitizens. Read More …

Recognizing the Problem of Solidarity: Immigration in the Post-Welfare State

We have just listened to two talks very close up to the data at the micro-level of the immigration experience, and those are important objects of study for us as scholars and engaged intellectuals. That said, I am going to back away a little bit and speak more abstractly and about a dilemma we have to confront, however difficult it may be for us. And that is the dilemma of failing social solidarity and the place of immigration in the neo-liberal order that dominates us now and will continue to dominate us for the foreseeable future. Read More …

Sanctuary Policies & Immigration Federalism: A Dialectic Analysis

More than twenty years ago, the city of San Francisco declared itself a “City of Refuge” for immigrants, particularly those who do not have authorized status. To bolster the city’s symbolic declaration, San Francisco subsequently passed an ordinance that restricted city employees from obtaining information about a person’s immigration status or revealing a person’s known unauthorized immigration status to the federal government. In so doing, San Francisco took the bold step of aiming to assure undocumented immigrants that the city would serve as a safe haven by not cooperating with federal immigration authorities, whose responsibilities include removing unauthorized immigrants from the United States. Read More …

The Practice of Medical Repatriation: The Privatization of Immigration Enforcement and Denial of Human Rights

In February 2000, Luis Alberto Jiménez was returning home from a day’s work as a landscaper in Florida when the car he was riding in was struck by a drunk driver with a blood alcohol level four times the legal limit. While the drunk driver was a U.S. citizen with a significant criminal history, Luis Jiménez was a 35 year old undocumented gardener that had left his family behind in Guatemala two years ago and immigrated to the United States in pursuit of his dream of working hard, earning significantly more money, and ultimately being able to buy land and cultivate his own garden back home to support his family. As a result of the head-on crash, Mr. Jiménez was catastrophically injured and two of his fellow immigrant landscapers in the car with him died instantly. Mr. Jiménez was rushed to Martin Memorial Medical Center (a not for profit hospital) and was diagnosed as having sustained traumatic brain damage and severe physical injuries, with his prognosis described as “poor.” Mr. Jiménez was treated and remained hospitalized at Martin Memorial for approximately four months. In June 2000, Martin Memorial transferred Mr. Jiménez to a nursing home for ongoing care and rehabilitation. Because the accident left Mr. Jiménez incapacitated, both physically and mentally, a court appointed Mr. Jiménez’s cousin, Montejo Gaspar Montejo, as his legal guardian. Read More …

The Political Economy Of The Dream Act And The Legislative Process: A Case Study Of Comprehensive Immigration Reform

Many developments have kept the Development, Relief, and Education for Alien Minors (DREAM) Act and the issue of undocumented college students in the news and on federal and state legislative agendas.
Who would have thought that presidential candidates would be debating the issue, as they did in the Republican primaries of 2007 and 2008? Especially coming on the heels of a near-miss months earlier, when the bill almost passed in the Senate, the topic is one that has all the earmarks of an agenda-building subject, situated in the complex and treacherous context of twenty-first century U.S.domestic politics, especially those of comprehensive immigration reform. Inasmuch as this subset of much larger immigration, higher education, and tuition policies commands recurrent attention, DREAM Act politics are a useful bellwether for observers of these domains. Read More …

Waiting for Alvarado: How Administrative Delay Harms Victims Of Gender-Based Violence Seeking Asylum

“Well? Shall we go? Yes, let’s go. (They do not move).”
Over the course of their ten-year marriage in Guatemala, Ms. Rody Alvarado Peña’s husband brutally and violently abused her. Ms.Alvarado managed to escape to America, but once she arrived, she discovered that the most intimate details of her life would be scrutinized in an administrative immigration system that re-victimized her and protracted her suffering for another fourteen years. She has not seen her children since she arrived, and until she was granted asylum in December2009, she had no way to bring them to the United States. Her case is one of the most illustrative and modern examples of administrative malfunction and delay in the American immigration system Read More …

No Matter What: The Inevitability Of Mexican-U.S. Migration, And Its Lessons For Border Control Strategies

Recent events have unearthed a firestorm around the issue of border enforcement in the United States. The state of Arizona passed S.B.1070, a law that directs state and local law enforcement to ascertain the immigration status of anyone officers have a “reasonable suspicion” of being “an alien unlawfully in the United States.” The response included protests and an announcement by the Democratic Party of its“framework” for immigration reform. The framework follows the model of bills for immigration reform in recent years, pairing the legalization of undocumented immigrants currently living in the United States with increased enforcement personnel and spending at the border and in the interior of the United States. The latter, which is the focus of this Article,is the reform being stressed in the wake of Arizona’s bold initiative as federal lawmakers rush to concede that Arizonans acted due to a failed federal border policy. Read More …

Closing The Borders: Reverse Brain Drain And The Need For Immigration Reform

What do Google, Intel, Yahoo,
e-Bay, Sun Microsystems, and Facebook have in common? Besides being household names and innovative, highly profitable industry leaders, these companies all had immigrant founders or co-founders. Duke and Harvard University’s researcher Vivek Wadhwa revealed that half of Silicon Valley’s engineering and technology companies, and a quarter of those startednationwide between 1995 and 2006, had immigrant founders. In addition, one in every four patents in the World Intellectual PropertyOrganization listed a foreign national residing in the United States as the inventor. These figures are less surprising if we focus on statistics fromthe National Science Foundation, reporting that foreign studentsreceived nearly sixty percent of all engineering doctorates awarded in the United States, over fifty percent of all doctorates in engineering,mathematics, computer sciences, physics and economics, and 40 percentof all doctorates in agricultural sciences. The Bureau of Citizenship andImmigration Services reports that foreign students in the science,technology, engineering and mathematics (STEM) fields are disproportionately represented. Read More …

Essay: U.S. Immigration Law: Where Antiquated Views On Gender And Sexual Orientation Go To Die

This Essay examines the paradoxical approaches to gender and sexual orientation bias within the U.S. immigration system. On the one hand, the immigration system has managed to convey benefits to same-sex partners despite federal law prohibiting the recognition of same-sex unions for immigration purposes. Immigration law also provides benefits for victims of crimes disproportionately committed against women, such as human trafficking and domestic violence, although the systems in place for adjudicating these benefits are flawed. On the other hand, immigration law favors antiquated notions of gender roles that disadvantage U.S. citizen men and their children, and has failed torecognize domestic violence as a basis for asylum. Read More …