Due process protections are among the most important Constitutional protections in the United States, yet they do not apply to non-citizens facing detention and deportation. Due Process Denied describes the consequences of this lack of due process through the stories of deportees and detainees. People who have lived nearly all of their lives in the United States have been detained and deported for minor crimes, without regard for constitutional limits on disproportionate punishment. The court's insistence that deportation is not punishment does not align with the experiences of deportees. For many, deportation is one of the worst imaginable punishments.
Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal. Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States. Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.
This comprehensive title is among the first to extensively use newly released 2010 U.S. Census data to examine multiculturalism today and tomorrow in America. This distinction is important considering the following NPR report by Eyder Peralta: "Based on the first national numbers released by the Census Bureau, the AP reports that minorities account for 90 percent of the total U.S. growth since 2000, due to immigration and higher birth rates for Latinos." According to John Logan, a Brown University sociologist who has analyzed most of the census figures, "The futures of most metropolitan areas in the country are contingent on how attractive they are to Hispanic and Asian populations." Both non-Hispanic whites and blacks are getting older as a group. "These groups are tending to fade out," he added. Another demographer, William H. Frey with the Brookings Institution, told The Washington Post that this has been a pivotal decade. "We’re pivoting from a white-black-dominated American population to one that is multiracial and multicultural." Multicultural America: A Multimedia Encyclopedia explores this pivotal moment and its ramifications with more than 900 signed entries not just providing a compilation of specific ethnic groups and their histories but also covering the full spectrum of issues flowing from the increasingly multicultural canvas that is America today. Pedagogical elements include an introduction, a thematic reader’s guide, a chronology of multicultural milestones, a glossary, a resource guide to key books, journals, and Internet sites, and an appendix of 2010 U.S. Census Data. Finally, the electronic version will be the only reference work on this topic to augment written entries with multimedia for today’s students, with 100 videos (with transcripts) from Getty Images and Video Vault, the Agence France Press, and Sky News, as reviewed by the media librarian of the Rutgers University Libraries, working in concert with the title’s editors.
This expansive, four-volume ready-reference work offers critical coverage of contemporary issues that impact people of color in the United States, ranging from education and employment to health and wellness and immigration. People of Color in the United States: Contemporary Issues in Education, Work, Communities, Health, and Immigration examines a wide range of issues that affect people of color in America today, covering education, employment, health, and immigration. Edited by experts in the field, this set supplies current information that meets a variety of course standards in four volumes. Volume 1 covers education grades K–12 and higher education; volume 2 addresses employment, housing, family, and community; volume 3 examines health and wellness; and volume 4 covers immigration. The content will enable students to better understand the experiences of racial and ethnic minorities as well as current social issues and policy. The content is written to be accessible to a wide range of readers and to provide ready-reference content for courses in history, sociology, psychology, geography, and economics, as well as curricula that address immigration, urbanization and industrialization, and contemporary American society.
Honorable Mention, Latin American Studies Association Haiti-Dominican Republic Section Isis Duarte Book Prize Immigrants make up the largest proportion of federal prisoners in the United States, incarcerated in a vast network of more than two hundred detention facilities. This book investigates when detention became a centerpiece of U.S. immigration policy, revealing why the practice was reinstituted in 1981 after being halted for several decades and how the system expanded to become the world’s largest immigration detention regime. From the Krome Detention Center in Miami to Guantanamo Bay, Cuba, and to jails and prisons across the country, Haitians have been at the center of the story of immigration detention. When an influx of Haitian migrants and asylum seekers came to the U.S. in the 1970s, the government responded with exclusionary policies and detention, setting a precedent for future waves of immigrants. Carl Lindskoog details the discrimination Haitian refugees faced and how their resistance to this treatment—in the form of legal action and activism—prompted the government to reinforce its detention program and create an even larger system of facilities. Drawing on extensive archival research, including government documents, advocacy group archives, and periodicals, Lindskoog provides the first in-depth history of Haitians and immigration detention in the United States. Lindskoog asserts that systems designed for Haitian refugees laid the groundwork for the way immigrants to America are treated today. Detain and Punish provides essential historical context for the challenges faced by today’s immigrant groups, which are some of the most critical issues of our time.
The immigrants profiled in The Immigrant Other shed light on a system designed to dehumanize and disenfranchise them, and they describe the difficulty of finding shelter in an increasingly globalized and unsympathetic world. They include Muslims facing discrimination from both the "War on Terror" and the "War on Immigration," Latino day laborers, Filipino immigrants supporting themselves and their families back home, and Brazilian parents terrified of being separated from their naturalized children. Immigrants living in Spain, Australia, Greece, and Qatar are also represented, showcasing the similarities and differences in the treatment of immigrants worldwide. Each chapter in this anthology pairs a description of specific state, national, and transnational immigration laws and regulations with the testimony of individuals struggling to find legitimacy and sanctuary among them.
This updated and expanded new edition resumes the theme of the first edition, and the findings reveal that race, ethnicity, gender, class, and several other variables continue to play a significant and consequential role in the legal decision-making process. The book is structured into three sections, each of which corresponds to a different body of work on Latinos. Section One explores the historical dynamics and influence of ethnicity in law enforcement, and focuses on how ethnicity impacts policing field practices, such as traffic stops, use of force, and the subsequent actions that police departments have employed to alleviate these problems. A detailed examination of critical issues facing Latino defendants seeks to better understand the law enforcement process. The history of immigration laws as it pertains to Mexicans and Latinos explains how Mexicans have been excluded from the United States through anti-immigrant legislation. Latino officers must cope with structural and political issues, the community, and media, as these practices and experiences within the American police system are explored. Section Two focuses on the repressive practices against Mexicans that resulted in executions, vigilantism, and mass expulsions. The topic of Latinos and the Fourth Amendment reveals that the constitutional right of people to be protected against unreasonable searches and seizures has been eviscerated for Latinos, and particularly for Mexicans. Possible remedies to existing shortcomings of the court system when processing indigent defendants are presented. Section Three studies the issue of Hispanics and the penal system. The ethnic realities of life behind bars, probation and parole, the legacy of capital punishment, and life after prison are discussed. Section Four addresses the globalization of Latinos, social control, and the future of Latinos in the U.S. Criminal justice system. Lastly, the race and ethnic experience through the lens of science, law, and the American imagination, are explored, concluding with policy recommendations for social and criminal justice reform, and ultimately humanizing differences. Written for professionals and students of law enforcement, this book will promote the understanding of the historical legacy of brutality, manipulation, oppression, marginalization, prejudice, discrimination, power and control, and white America's continued fear about racial and ethnic minorities.
The most comprehensive collection of essays on undocumented immigration to date, covering issues not generally found anywhere else on the subject. Three fascinating volumes feature the latest research from the country's top immigration scholars. In the United States, the crisis of undocumented immigrants draws strong opinions from both sides of the debate. For those who immigrate, concerns over safety, incorporation, and fair treatment arise upon arrival. For others, the perceived economic, political, and cultural impact of newcomers can feel threatening. In this informative three-volume set, top immigration scholars explain perspectives from every angle, examining facts and seeking solutions to counter the controversies often brought on by the current state of undocumented immigrant affairs. Immigration expert and set editor Lois Lorentzen leads a stellar team of contributors, laying out history, theories, and legislation in the first book; human rights, sexuality, and health in the second; and economics, politics, and morality in the final volume. From family separation, to human trafficking, to notions of citizenship, this provocative study captures the human costs associated with this type of immigration in the United States, questions policies intended to protect the "American way of life," and offers strategies for easing tensions between immigrants and natural-born citizens in everyday life.
A free ebook version of this title is available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. What becomes of men the U.S. locks up and kicks out? From 2009 to 2020, the U.S. deported more than five million people—over 90 percent of them men. In Banished Men, Abigail Andrews and her students tell 186 of their stories. How, they ask, does expulsion shape men's lives and sense of themselves? The book uncovers a harrowing carceral system that weaves together policing, prison, detention, removal, and border militarization to undermine migrants as men. Guards and gangs beat them down, till they feel like cockroaches, pigs, or dogs. Many lose ties with family. They do not go "home." Instead, they end up in limbo: stripped of their very humanity. Against the odds, they fight for new ways to belong. At once devastating and humane, Banished Men offers a clear-eyed critique of the violence of deportation.
Almost All Aliens offers a unique reinterpretation of immigration in the history of the United States. Setting aside the European migrant-centered melting-pot model of immigrant assimilation, Paul Spickard, Francisco Beltrán, and Laura Hooton put forward a fresh and provocative reconceptualization that embraces the multicultural, racialized, and colonially inflected reality of immigration that has always existed in the United States. Their astute study illustrates the complex relationship between ethnic identity and race, slavery, and colonial expansion. Examining the lives of those who crossed the Atlantic, as well as those who crossed the Pacific, the Caribbean, and the North American Borderlands, Almost All Aliens provides a distinct, inclusive, and critical analysis of immigration, race, and identity in the United States from 1600 until the present. The second edition updates Almost All Aliens through the first two decades of the twenty-first century, recounting and analyzing the massive changes in immigration policy, the reception of immigrants, and immigrant experiences that whipsawed back and forth throughout the era. It includes a new final chapter that brings the story up to the present day. This book will appeal to students and researchers alike studying the history of immigration, race, and colonialism in the United States, as well as those interested in American identity, especially in the context of the early twenty-first century.
