The vast majority of the global population acquires citizenship purely by accidental circumstances of birth. There is little doubt that securing membership status in a given state bequeaths to some a world filled with opportunity and condemns others to a life with little hope. Gaining privileges by such arbitrary criteria as one’s birthplace is discredited in virtually all fields of public life, yet birthright entitlements still dominate our laws when it comes to allotting membership in a state. In The Birthright Lottery, Ayelet Shachar argues that birthright citizenship in an affluent society can be thought of as a form of property inheritance: that is, a valuable entitlement transmitted by law to a restricted group of recipients under conditions that perpetuate the transfer of this prerogative to their heirs. She deploys this fresh perspective to establish that nations need to expand their membership boundaries beyond outdated notions of blood-and-soil in sculpting the body politic. Located at the intersection of law, economics, and political philosophy, The Birthright Lottery further advocates redistributional obligations on those benefiting from the inheritance of membership, with the aim of ameliorating its most glaring opportunity inequalities.
Birthright citizenship has a deep and contentious history in the United States, one often hard to square in a country that prides itself on being "a nation of immigrants." Even as the question of citizenship for children of immigrants was seemingly settled by the Fourteenth Amendment, vitriolic debate has continued for well over a century, especially in relation to U.S. race relations. Most recently, a provocative and decidedly more offensive term than birthright citizenship has emerged: "anchor babies." With this book, Leo R. Chavez explores the question of birthright citizenship, and of citizenship in the United States writ broadly, as he counters the often hyperbolic claims surrounding these so-called anchor babies. Chavez considers how the term is used as a political dog whistle, how changes in the legal definition of citizenship have affected the children of immigrants over time, and, ultimately, how U.S.-born citizens still experience trauma if they live in families with undocumented immigrants. By examining this pejorative term in its political, historical, and social contexts, Chavez calls upon us to exorcise it from public discourse and work toward building a more inclusive nation.
How Race Is Made in America examines Mexican AmericansÑfrom 1924, when American law drastically reduced immigration into the United States, to 1965, when many quotas were abolishedÑto understand how broad themes of race and citizenship are constructed. These years shaped the emergence of what Natalia Molina describes as an immigration regime, which defined the racial categories that continue to influence perceptions in the United States about Mexican Americans, race, and ethnicity. Molina demonstrates that despite the multiplicity of influences that help shape our concept of race, common themes prevail. Examining legal, political, social, and cultural sources related to immigration, she advances the theory that our understanding of race is socially constructed in relational waysÑthat is, in correspondence to other groups. Molina introduces and explains her central theory, racial scripts, which highlights the ways in which the lives of racialized groups are linked across time and space and thereby affect one another. How Race Is Made in America also shows that these racial scripts are easily adopted and adapted to apply to different racial groups.
This is a story of hope, but also of peril. It began when our nation’s polarized political class started conscripting everyday citizens into its culture war. From their commanding heights in political parties, media, academia, and government, these partisans have attacked one another for years, but increasingly they’ve convinced everyday Americans to join the fray. Why should we feel such animosity toward our fellow citizens, our neighbors, even our own kin? Because we’ve fallen for the false narrative, eagerly promoted by pundits on the Left and the Right, that citizens who happen to vote Democrat or Republican are enthusiastic supporters of Team Blue or Team Red. Aside from a minority of party activists and partisans, however, most voters are simply trying to choose the lesser of two evils. The real threat to our union isn’t Red vs. Blue America, it’s the quiet collusion within our nation’s political class to take away that most American of freedoms: our right to self-governance. Even as partisans work overtime to divide Americans against one another, they’ve erected a system under which we ordinary citizens don’t have a voice in the decisions that affect our lives. From foreign wars to how local libraries are run, authority no longer resides with We the People, but amongst unaccountable officials. The political class has stolen our birthright and set us at one another’s throats. This is the story of how that happened and what we can do about it. America stands at a precipice, but there’s still time to reclaim authority over our lives and communities.
An examination of the datafication of family life--in particular, the construction of our children into data subjects. Our families are being turned into data, as the digital traces we leave are shared, sold, and commodified. Children are datafied even before birth, with pregnancy apps and social media postings, and then tracked through babyhood with learning apps, smart home devices, and medical records. If we want to understand the emergence of the datafied citizen, Veronica Barassi argues, we should look at the first generation of datafied natives: our children. In Child Data Citizen, she examines the construction of children into data subjects, describing how their personal information is collected, archived, sold, and aggregated into unique profiles that can follow them across a lifetime.
The first clause of the Fourteenth Amendment to the U.S. Constitution, known as the Citizenship Clause, provides that [a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. This generally has been taken to mean that any person born in the United States automatically gains U.S. citizenship, regardless of the citizenship or immigration status of the persons parents, with limited exceptions such as children born to recognized foreign diplomats. The current rule is often called birthright citizenship. However, driven in part by concerns about unauthorized immigration, some have questioned this understanding of the Citizenship Clause, and in particular the meaning of subject to the jurisdiction [of the United States]. This book traces the history of birthright citizenship under U.S. law and discusses some of the legislation in recent Congresses intended to alter it.
“A remarkable book . . . a detailed panorama of the many ways in which the Israeli state limited the rights of its Palestinian subjects.” —Orit Bashkin, H-Net Reviews Following the 1948 war and the creation of the state of Israel, Palestinian Arabs comprised just fifteen percent of the population but held a much larger portion of its territory. Offered immediate suffrage rights and, in time, citizenship status, they nonetheless found their movement, employment, and civil rights restricted by a draconian military government put in place to facilitate the colonization of their lands. Citizen Strangers traces how Jewish leaders struggled to advance their historic settler project while forced by new international human rights norms to share political power with the very people they sought to uproot. For the next two decades Palestinians held a paradoxical status in Israel, as citizens of a formally liberal state and subjects of a colonial regime. Neither the state campaign to reduce the size of the Palestinian population nor the formulation of citizenship as a tool of collective exclusion could resolve the government’s fundamental dilemma: how to bind indigenous Arab voters to the state while denying them access to its resources. More confounding was the tension between the opposing aspirations of Palestinian political activists. Was it the end of Jewish privilege they were after, or national independence along with the rest of their compatriots in exile? As Shira Robinson shows, these tensions in the state’s foundation—between privilege and equality, separatism and inclusion—continue to haunt Israeli society today. “An extremely important, highly scholarly work on the conflict between Zionism and the Palestinians.” —G. E. Perry, Choice
American by Birth explores the history and legacy of Wong Kim Ark and the 1898 Supreme Court case that bears his name, which established the automatic citizenship of individuals born within the geographic boundaries of the United States. In the late nineteenth century, much like the present, the United States was a difficult, and at times threatening, environment for people of color. Chinese immigrants, invited into the United States in the 1850s and 1860s as laborers and merchants, faced a wave of hostility that played out in organized private violence, discriminatory state laws, and increasing congressional efforts to throttle immigration and remove many long-term residents. The federal courts, backed by the Supreme Court, supervised the development of an increasingly restrictive and exclusionary immigration regime that targeted Chinese people. This was the situation faced by Wong Kim Ark, who was born in San Francisco in the 1870s and who earned his living as a cook. Like many members of the Chinese community in the American West he maintained ties to China. He traveled there more than once, carrying required reentry documents, but when he attempted to return to the United States after a journey from 1894 to 1895, he was refused entry and detained. Protesting that he was a citizen and therefore entitled to come home, he challenged the administrative decision in court. Remarkably, the Supreme Court granted him victory. This victory was important for Wong Kim Ark, for the ethnic Chinese community in the United States, and for all immigrant communities then and to this day. Though the principle had links to seventeenth-century English common law and in the United States back to well before the American Civil War, the Supreme Court’s ruling was significant because it both inscribed the principle in constitutional terms and clarified that it extended even to the children of immigrants who were legally barred from becoming citizens. American by Birth is a richly detailed account of the case and its implications in the ongoing conflicts over race and immigration in US history; it also includes a discussion of current controversies over limiting the scope of birthright citizenship.