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Beyond Deportation

Author: Shoba Sivaprasad Wadhia

Publisher: NYU Press

Published: 2017-05

Total Pages: 249

ISBN-13: 1479870056

The first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration’s Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform. Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.

Beyond Memory

Author: G. Uehling

Publisher: Springer

Published: 2004-11-26

Total Pages: 309

ISBN-13: 1403981272

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In the early morning hours of May 18, 1944 the Russian army, under orders from Stalin, deported the entire Crimean Tatar population from their historical homeland. Given only fifteen minutes to gather their belongings, they were herded into cattle cars bound for Soviet Central Asia. Although the official Soviet record was cleansed of this affair and the name of their ethnic group was erased from all records and official documents, Crimean Tatars did not assimilate with other groups or disappear. This is an ethnographic study of the negotiation of social memory and the role this had in the growth of a national repatriation movement among the Crimean Tatars. It examines the recollections of the Crimean Tatars, the techniques by which they are produced and transmitted and the formation of a remarkably uniform social memory in light of their dispersion throughout Central Asia. Through the lens of social memory, the book covers not only the deportation and life in the diaspora but the process by which the children and grandchildren of the deportees 'returned' and anchored themselves in the Crimean Penininsula, a place they had never visited.

Banned

Author: Shoba Sivaprasad Wadhia

Publisher: NYU Press

Published: 2021-04-01

Total Pages: 215

ISBN-13: 1479808733

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Winner, 2020 Best Book Award, Law Category, given by the American Book Fest Examines immigration enforcement and discretion during the first eighteen months of the Trump administration Within days of taking office, President Donald J. Trump published or announced changes to immigration law and policy. These changes have profoundly shaken the lives and well-being of immigrants and their families, many of whom have been here for decades, and affected the work of the attorneys and advocates who represent or are themselves part of the immigrant community. Banned examines the tool of discretion, or the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has wielded this tool in creating and executing its immigration policy. Banned combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) who is affected by changes to immigration enforcement and discretion?; (3) how have individuals and families affected by immigration enforcement under President Trump changed their own perceptions about the future?; and (4) how do those informed about immigration enforcement and discretion describe the current state of affairs and perceive the future? Shoba Sivaprasad Wadhia pairs the contents of these interviews with a robust analysis of immigration enforcement and discretion during the first eighteen months of the Trump administration and offers recommendations for moving forward. The story of immigration and the role immigrants play in the United States is significant. The government has the tools to treat those seeking admission, refuge, or opportunity in the United States humanely. Banned offers a passionate reminder of the responsibility we all have to protect America’s identity as a nation of immigrants.

Protect, Serve, and Deport

Author: Amada Armenta

Publisher: Univ of California Press

Published: 2017-06-26

Total Pages: 212

ISBN-13: 0520296303

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Who polices immigration? : establishing the role of state and local law enforcement agencies in immigration control -- Setting up the local deportation regime -- Policing immigrant Nashville -- The driving to deportation pipeline -- Inside the jail -- Lost in translation : two worlds of immigration policing

Enduring Uncertainty

Author: Ines Hasselberg

Publisher: Berghahn Books

Published: 2016-03-01

Total Pages: 186

ISBN-13: 1785330233

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Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here – on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance – are important for broader understandings of border control policy and human rights.

Within and Beyond Citizenship

Author: Roberto G. Gonzales

Publisher: Routledge

Published: 2017-07-06

Total Pages: 319

ISBN-13: 1351977466

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Within and Beyond Citizenship brings together cutting-edge research in sociology and social anthropology on the relationship between immigration status, rights and belonging in contemporary societies of immigration. It offers new insights into the ways in which political membership is experienced, spatially and bureaucratically constructed, and actively negotiated and contested in the everyday lives of citizens and non-citizens. Themes, concepts and ideas covered include: The shifting position of the non-citizen in contemporary immigration societies; The intersection of human mobility, immigration control and articulations of citizenship; Activism and everyday practices of membership and belonging; Tension in policy and practice between coexisting traditions and regimes of rights; Mixed status families, belonging and citizenship; The ways in which immigration status (or its absence) intersects with social cleavages such as age, class, gender and ‘race’ to shape social relations. This book will appeal to academics and practitioners working in the disciplines of Social and Political Anthropology, Sociology, Social Policy, Human Geography, Political Sciences, Citizenship Studies and Migration Studies.

Aftermath

Author: Daniel Kanstroom

Publisher: Oxford University Press

Published: 2012-06-07

Total Pages: 259

ISBN-13: 0199908834

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Since 1996, when new, harsher deportation laws went into effect, the United States has deported millions of noncitizens back to their countries of origin. While the rights of immigrants-with or without legal status--as well as the appropriate pathway to legal status are the subject of much debate, hardly any attention has been paid to what actually happens to deportees once they "pass beyond our aid." In fact, we have fostered a new diaspora of deportees, many of whom are alone and isolated, with strong ties to their former communities in the United States. Daniel Kanstroom, author of the authoritative history of deportation, Deportation Nation, turns his attention here to the current deportation system of the United States and especially deportation's aftermath: the actual effects on individuals, families, U.S. communities, and the countries that must process and repatriate ever-increasing numbers of U.S. deportees. Few know that once deportees have been expelled to places like Guatemala, Cambodia, Haiti, and El Salvador, many face severe hardship, persecution and, in extreme instances, even death. Addressing a wide range of political, social, and legal issues, Kanstroom considers whether our deportation system "works" in any meaningful sense. He also asks a number of under-examined legal and philosophical questions: What is the relationship between the "rule of law" and the border? Where do rights begin and end? Do (or should) deportees ever have a "right to return"? After demonstrating that deportation in the U.S. remains an anachronistic, ad hoc, legally questionable affair, the book concludes with specific reform proposals for a more humane and rational deportation system.

The Deportation Regime

Author: Nicholas De Genova

Publisher: Duke University Press

Published: 2010-04-15

Total Pages: 521

ISBN-13: 0822391341

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This important collection examines deportation as an increasingly global mechanism of state control. Anthropologists, historians, legal scholars, and sociologists consider not only the physical expulsion of noncitizens but also the social discipline and labor subordination resulting from deportability, the threat of forced removal. They explore practices and experiences of deportation in regional and national settings from the U.S.-Mexico border to Israel, and from Somalia to Switzerland. They also address broader questions, including the ontological significance of freedom of movement; the historical antecedents of deportation, such as banishment and exile; and the development, entrenchment, and consequences of organizing sovereign power and framing individual rights by territory. Whether investigating the power that individual and corporate sponsors have over the fate of foreign laborers in Bahrain, the implications of Germany’s temporary suspension of deportation orders for pregnant and ill migrants, or the significance of the detention camp, the contributors reveal how deportation reflects and reproduces notions about public health, racial purity, and class privilege. They also provide insight into how deportation and deportability are experienced by individuals, including Arabs, South Asians, and Muslims in the United States. One contributor looks at asylum claims in light of an unusual anti-deportation campaign mounted by Algerian refugees in Montreal; others analyze the European Union as an entity specifically dedicated to governing mobility inside and across its official borders. The Deportation Regime addresses urgent issues related to human rights, international migration, and the extensive security measures implemented by nation-states since September 11, 2001. Contributors: Rutvica Andrijasevic, Aashti Bhartia, Heide Castañeda , Galina Cornelisse , Susan Bibler Coutin, Nicholas De Genova, Andrew M. Gardner, Josiah Heyman, Serhat Karakayali, Sunaina Marr Maira, Guillermina Gina Nuñez, Peter Nyers, Nathalie Peutz, Enrica Rigo, Victor Talavera, William Walters, Hans-Rudolf Wicker, Sarah S. Willen

Deportation

Author: Torrie Hester

Publisher: University of Pennsylvania Press

Published: 2017-05-08

Total Pages: 256

ISBN-13: 081224916X

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Before 1882, the U.S. federal government had never formally deported anyone, but that year an act of Congress made Chinese workers the first group of immigrants eligible for deportation. Over the next forty years, lawmakers and judges expanded deportable categories to include prostitutes, anarchists, the sick, and various kinds of criminals. The history of that lengthening list shaped the policy options U.S. citizens continue to live with into the present. Deportation covers the uncertain beginnings of American deportation policy and recounts the halting and uncoordinated steps that were taken as it emerged from piecemeal actions in Congress and courtrooms across the country to become an established national policy by the 1920s. Usually viewed from within the nation, deportation policy also plays a part in geopolitics; deportees, after all, have to be sent somewhere. Studying deportations out of the United States as well as the deportation of U.S. citizens back to the United States from abroad, Torrie Hester illustrates that U.S. policy makers were part of a global trend that saw officials from nations around the world either revise older immigrant removal policies or create new ones. A history of immigration policy in the United States and the world, Deportation chronicles the unsystematic emergence of what has become an internationally recognized legal doctrine, the far-reaching impact of which has forever altered what it means to be an immigrant and a citizen.