(Im)migration Movements & the Law

Mixed-status families in Arizona face fears of separation. A Donald Trump presidency could exacerbate that. Nationwide, 22 million people live in mixed-status households, including over half a million in Arizona, according to estimates from FWD.us, an immigration advocacy group.

"A probing work of narrative history that reveals the hidden story of immigrant detention in the United States, deepening urgent national conversations around migration. In 2017, many Americans watched in horror as children were torn from their parents at the US-Mexico border under Trump's "family separation" policy. But as historian Ana Raquel Minian reveals in In the Shadow of Liberty, this was only the latest chapter in a saga tracing back to the 1800s--one in which immigrants to the United States have been held without recourse to their constitutional rights. Braiding together the vivid stories of four migrants seeking to escape the turmoil of their homelands for the promise of America, In the Shadow of Liberty gives this history a human face, telling the dramatic story of Central American asylum seeker, a Cuban exile, a European war bride, and a Chinese refugee. As we travel alongside these indelible characters, In the Shadow of Liberty explores how sites of rightlessness have evolved, and what their existence has meant for our body politic. Though these "black sites" exist out of view for the average American, their reach extends into all of our lives: the explosive growth of the for-profit prison industry traces its origins to the immigrant detention system, as does the emergence of Guantanamo and the gradual unraveling of the right to bail and the presumption of innocence. Through these narratives, we see how the changing political climate surrounding immigration has played out in individual lives, and at what cost. But as these stories demonstrate, it doesn't have to be like this, and a better way might be possible"--

Because of restrictive borders, human beings suffer and die. Closed borders force migrants seeking safety and dignity to journey across seas, trudge through deserts, and clamber over barbed wire. In the last five years alone, over 60,000 people have died or gone missing while attempting to cross a border. As we deny, cast out, and crack down, we have stripped borders of their potential--as lines of contact, catalyst, and blend--turning our thresholds into barricades. Brilliant and provocative, The Case for Open Borders deflates the mythology of national security through border lockdowns by revisiting their historical origins; it counters the conspiracies of immigration's economic consequences; it urgently considers the challenges of climate change beyond the boundaries of narrow national identities. This book grounds its argument in the experiences and thinking of those on the frontlines of the crisis, spanning the world to do so. In each chapter, John Washington profiles a character impacted by borders. He adds to those portraits provocative analyses of the economics and ethics of bordering, concluding that if we are to seek justice or sustainability we must fight for open borders. In recent years, important thinkers have begun to urge a different approach to migration, but no book has made the argument as accessible or as compelling. Washington's case shines with the voices of people on the move, a portrait of what a world with open borders will give to our common future.

People of various political backgrounds in the US state say they are increasingly feeling like pawns in a political game

The Biden administration plans to immediately invoke an authority to shut off access to asylum for migrants who cross the US-Mexico border illegally, senior officials said Tuesday, a significant attempt by President Joe Biden to address head on one of his biggest political vulnerabilities.

President Biden has issued one of the most restrictive immigration policies ever declared under a recent Democratic administration. It will temporarily shut down the U.S.-Mexico border, deny asylum to most migrants who do not cross into the U.S. via ports of entry, and limit total asylum requests at the southern border to no more than 2,500 per day. The ACLU has threatened to sue the Biden administration over what reporter John Washington, who covers immigration in Arizona, calls an “excruciating and likely deadly” decision. “An illegal asylum seeker is a contradiction in terms,” Washington continues. “People have the right, according to U.S. law, to ask for asylum irrespective of how they crossed the border or where they are or what their status is. And this rule really flies in the face of that.”

"Grounded in the illuminating stories of immigrants facing deportation, the family members who support them, and the attorneys who defend them, this book invites readers to question matters of fairness and justice in immigration court and beyond"--

"This book argues that punitive federal immigration policies in the United States lead to "medical legal violence" that unites criminal law, immigration enforcement, and healthcare policy in ways that undermine the health of many Latinx immigrants and implicate the safety-net healthcare institutions and personnel that provide their care"--;"An urgent study on how punitive immigration policies undermine the health of Latinx immigrants. Of the approximately 20 million noncitizens currently living in the United States, nearly half are "undocumented," which means they are excluded from many public benefits, including health care coverage. Additionally, many authorized immigrants are barred from certain public benefits, including health benefits, for their first five years in the United States. These exclusions often lead many immigrants, particularly those who are Latinx, to avoid seeking health care out of fear of deportation, detention, and other immigration enforcement consequences. Medical Legal Violence tells the stories of some of these immigrants and how anti-immigrant politics in the United States increasingly undermine health care for Latinx noncitizens in ways that deepen health inequalities while upholding economic exploitation and white supremacy. Meredith Van Natta provides a first-hand account of how such immigrants made life and death decisions with their doctors and other clinic workers before and after the 2016 election. Drawing from rich ethnographic observations and in-depth interviews in three states during the Trump presidency, Van Natta demonstrates how anti-immigrant laws are changing the way Latinx immigrants and their doctors weigh illness and injury against patients' personal and family security. The book also evaluates the role of safety-net health care workers who have helped noncitizen patients navigate this unstable political landscape despite perceiving a rise in anti-immigrant surveillance in the health care spaces where they work. As anti-immigrant rhetoric intensifies, Medical Legal Violence sheds light on the real consequences of anti-immigrant laws on the health of Latinx noncitizens, and how these laws create a predictable humanitarian disaster in immigrant communities throughout the country and beyond its borders. Van Natta asks how things might be different if we begin to learn from this history rather than continuously repeat it." -- Publisher's description

"What becomes of men the US locks up and kicks out? From 2009 to 2020, the US deported more than five million people -- over 90 percent of them men. Banished Men tells 186 of their stories. How, it asks, does forced expulsion shape men's lives and sense of themselves? In this book, a team of thirty-one Latinx students and an award-winning scholar of gender and migrant exclusion uncover a harrowing system that weaves together policing, prison, detention, removal, and border militarization -- and overwhelmingly targets men. Guards and gangs beat them down, both literally and metaphorically, as if they are no more than vermin or livestock. Their ties with family are severed. In Mexico, they end up banished: in limbo and stripped of humanity. They do not go "home." Their fight for new ways of belonging, as people of both "here" and "there," forms a devastating, humane, and clear-eyed critique of the violence of deportation"--

"In December 2017, U.S. immigration authorities shackled and abused 92 African refugees for two days while attempting to deport them by plane to Somalia. When national media broke the story, government officials lied about what happened. Shackled tells the story of this harrowing failed deportation, the resulting class action litigation, and two men's search for safety in the United States over the course of three long years. Through Abdulahi and Sa'id's firsthand accounts, immigration lawyer Rebecca Sharpless brings to life the harsh consequences of the U.S. deportation system and how racism and antiblackness operate within it. Sharpless follows the money that ICE funnels into local jails, private contractors, and charter jets, exposing a sprawling system of immigration enforcement that detains and abuses noncitizens at scale. Woven with the wider context of Abdulahi and Sa'id's stories, this immigration odyssey reveals disturbing truths about Somalia, asylum, and the U.S. court system. Shackled will galvanize readers-activists, attorneys, scholars, and policymakers alike-to call out and dismantle this brutal infrastructure"--

"The 2012 Deferred Action for Childhood Arrivals (DACA) program was supposed to be a stepping stone, a policy innovation announced by the White House designed to put pressure on Congress for a broader, lasting set of legislative changes. Those changes never materialized, and the people who hoped to benefit from them have been forced to navigate a tense and contradictory policy landscape ever since, haunted by these unfulfilled promises. Legal Phantoms tells their story. After Congress failed to pass a comprehensive immigration bill in 2013, President Obama pivoted in 2014 to supplementing DACA with a deferred action program (known as DAPA) for the parents of citizens and lawful permanent residents and a DACA expansion (DACA ) in 2014. But challenges from Republican-led states prevented even these programs from going into effect. Interviews with would-be applicants, immigrant-rights advocates, and government officials reveal how such failed immigration-reform efforts continue to affect not only those who had hoped to benefit, but their families, communities, and the country in which they have made an uneasy home. Out of the ashes of these lost dreams, though, people find their own paths forward through uncharted legal territory with creativity and resistance"--

By Juan-Andrés Fuentes Migration and citizenship have become increasingly relevant topics of discussion both nationally and internationally. For instance, last February, the Albanian Congress appro…

"A powerful argument for separating immigration enforcement from the criminal legal system, by one of the nation's foremost "crimmigration" experts"--

Federal law rules the land when it comes to border enforcement, but local governments can help.

This webinar offers up-to-date information on enforcement mechanisms at the southwest border including the implementation of the new, abbreviated removal process dubbed Circumvention of Lawful Pathways.

"First book to argue that immigrant and refugee rights are part of the fight for racial justice; offers a humanitarian approach to reform and abolition"--

"Fleeing war and violence, many refugees dream that moving to the United States will be like going to heaven. Instead, they enter a deeply unequal American society, often at the bottom. Through the lived experiences of families resettled from the Democratic Republic of the Congo, Blair Sackett and Annette Lareau reveal how a daunting obstacle course of agencies and services can drastically alter refugees' experiences building a new life in America. In these stories of struggle and hope, as one volunteer said, "you see the American story." For some families, minor mistakes create catastrophes-food stamps cut off, educational opportunities missed, benefits lost. Other families, with the help of volunteers and social supports, escape these traps and take steps toward reaching their dreams. Engaging and eye-opening, We Thought It Would Be Heaven brings readers into the daily lives of Congolese refugees and offers guidance for how activists, workers, and policymakers can help refugee families thrive"--

"Through an examination of the historical development and contemporary outcomes of the "aggravated felony" category of deportable crimes, From Criminalization to Deportation provides new understanding of the ways that criminal justice system inequities are reproduced through processes of immigration enforcement and deportation. The severe, expansive, and racially disparate outcomes of the aggravated felony are met with innovative legal responses, bolstered by networks of community-based resistance-with key implications for those concerned with creating equal systems of justice and protecting the rights of immigrants nationwide"--

"The Border Reader is an anthology which gathers previously published foundational works of humanities and interpretive social science scholarship on the U.S.-Mexico border. Edited by anthropologist Gilberto Rosas and American and Latinx studies scholar Mireya Roza, this Reader brings together essays that mobilize feminist, queer, Indigenous and critical ethnic studies perspectives to theorize the border region as a site of epistemic rupture and knowledge production"--

"Offers a novel contribution to immigration legal scholarship by rewriting Supreme Court immigration law opinions from a critical immigration legal theory lens. Contests fundamental presumptions in doctrinal immigration law and shows how entrenched system of power, alongside racism, sexism, and stereotypes, have marred the immigration law landscape"--

More children than ever are crossing international borders alone to seek asylum worldwide. In the past decade, over a half million children have fled from Central America to the United States, seeking safety and a chance to continue lives halted by violence. Yet upon their arrival, they fail to find the protection that our laws promise, based on the broadly shared belief that children should be safeguarded. A meticulously researched ethnography, Precarious Protections chronicles the experiences and perspectives of Central American unaccompanied minors and their immigration attorneys as they pursue applications for refugee status in the US asylum process. Chiara Galli debunks assumptions about asylum, including the idea that people are being denied protection because they file bogus claims. In practice, the United States interprets asylum law far more narrowly than what is necessary to recognize real-world experiences of escape from life-threatening violence. This is especially true for children from Central America. Galli reveals the formidable challenges of lawyering with children and exposes the human toll of the US immigration bureaucracy--Publisher's description.

President Joe Biden said Thursday that he doesn’t believe border walls work, even as his administration said it will waive 26 laws to build additional border barriers in the Rio Grande Valley amid heightened political pressure over migration.

Living in a mixed-status immigrant family might mean that your grandmother could be deported at any moment, your son could be arrested at work, or your mother's deportation hearing is postponed--again. Such uncertainty and fear are the reality of life for mixed-status families--those that include both undocumented immigrants and US citizens. In Contested Americans, Cassaundra Rodriguez explores how members of mixed-status families experience and articulate belonging in the United States. The sixteen million people in the US who fall under this classification share the fear of a family member's possible deportation or the anxiety of leaving behind a child or elderly relative. Rodriguez highlights how different members of the same mixed-status families mediate undocumented statuses while maintaining the collective whole of a family. For many young adults, this may mean negotiating the sponsorship of their immigrant parents, and for the parents, planning for the emotional, physical, and financial well-being of their children in case of deportation. Contested Americans is a timely book, filled with vivid storytelling, that shows how immigration policies, racism, and privilege collide in the backdrop of the lives of millions of mixed-status families--Publisher's description.

"In recent years, dozens of counties in North Carolina have partnered with federal law enforcement in the criminalization of immigration-what many have dubbed 'crimmigration.' Southern border enforcement still monopolizes the national immigration debate, but immigration enforcement has become common within the United States as well. While Immigration and Customs Enforcement (ICE) operations are a major part of American immigration enforcement, Felicia Arriaga maintains that ICE relies on an already well-established system-the use of local law enforcement and local governments to identify, incarcerate, and deport undocumented immigrants"--

"Rivermouth is a polemic arguing for porous borders, a decriminalization of immigration, a more open sense of what we owe one another, and a willingness to extend radical empathy"--;In this powerful and deeply felt memoir of translation, storytelling, and borders, Alejandra Oliva, a Mexican-American translator and immigrant justice activist, offers a powerful chronical of her experience interpreting at the US-Mexico border. Having worked with asylum seekers since 2016, she knows all too well the gravity of taking someone's trauma and delivering it to the warped demands of the U.S. immigration system. As Oliva's stunning prose recounts the stories of the people she's met through her work, she also traces her family's long and fluid relationship to the border--each generation born on opposite sides of the Rio Grande.

"After fleeing homophobia and threats to her life in her native El Salvador, 'Carla' was detained for two years inside the Buffalo Federal Detention Center. Her letters provide a powerful and unique account of a queer woman's experience inside America's asylum system. Letters from Inside a US Detention Centre reconstructs Carla's story from the correspondence between Carla and Jane Juffer, a professor at Cornell University, and from excerpts from the legal decisions made while she was being held in immigration detention. Contextualised with explanation and analysis of detention in the United States, the book examines how detention exacerbates the trauma many migrants experience and becomes another site of fear, intimidation, and uncertainty. Carla's narrative is a powerful story, and one that illustrates grievous injustices in the U.S. immigration and asylum system. The book will be of immense value to immigration activists and scholars alike, especially in feminist studies, queer studies, and those studying the intersections of prisons and detention centres"--

Listen to this episode from Radio Cachimbona on Spotify. Yvette Borja interviews University of Arizona Law School Professor Shefali Milczarek-Desai to discuss two of her recent/upcoming papers about the intersection of immigrants' rights and workers' rights. They discuss the ineffectiveness of Arizona's 2017 paid sick leave law, especially amongst im/migrant workers during the COVID-19 pandemic, the tension between immigration enforcement and workers' rights that the US legal system creates, and how community, instead of individual, well-being can lead us towards a future where paid sick leave is actually an effective tool for public health. Read Shefali's articles discussed in the episode here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4513297 and https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4042097To support the podcast, become a monthly patron and get access to the #litreview online book club: https://patreon.com/radiocachimbona?utm_medium=clipboard_copy&utm_source=copyLink&utm_campaign=creatorshare_creator&utm_content=join_linkFollow @radiocachimbona on Instragram, Twitter, and Facebook

A bill introduced this week by Congressman Raúl Grijalva and other lawmakers aims to provide federal protections for workers exposed to extreme heat.

"After fleeing homophobia and threats to her life in her native El Salvador, 'Carla' was detained for two years inside the Buffalo Federal Detention Center. Her letters provide a powerful and unique account of a queer woman's experience inside America's asylum system. Letters from Inside a US Detention Centre reconstructs Carla's story from the correspondence between Carla and Jane Juffer, a professor at Cornell University, and from excerpts from the legal decisions made while she was being held in immigration detention. Contextualised with explanation and analysis of detention in the United States, the book examines how detention exacerbates the trauma many migrants experience and becomes another site of fear, intimidation, and uncertainty. Carla's narrative is a powerful story, and one that illustrates grievous injustices in the U.S. immigration and asylum system. The book will be of immense value to immigration activists and scholars alike, especially in feminist studies, queer studies, and those studying the intersections of prisons and detention centres"--

"America's Arab Refugees is a timely examination of the world's worst refugee crisis since World War II. Tracing the history of Middle Eastern wars - especially the U.S. military interventions in Iraq and Afghanistan - to the current refugee crisis, Marcia C. Inhorn examines how refugees fare once resettled in America. In the U.S., Arabs are challenged by discrimination, poverty, and various forms of vulnerability. Inhorn shines a spotlight on the plight of resettled Arab refugees in the ethnic enclave community of "Arab Detroit," Michigan. Sharing in the poverty of Detroit's Black communities, Arab refugees struggle to find employment and to rebuild their lives. Iraqi and Lebanese refugees who have fled from war zones also face several serious health challenges. Uncovering the depths of these challenges, Inhorn's ethnography follows refugees in Detroit suffering reproductive health problems requiring in vitro fertilization (IVF). Without money to afford costly IVF services, Arab refugee couples are caught in a state of "reproductive exile"--Unable to return to war-torn countries with shattered healthcare systems, but unable to access affordable IVF services in America. America's Arab Refugees questions America's responsibility for, and commitment to, Arab refugees, mounting a powerful call to end the violence in the Middle East, assist war orphans and uprooted families, take better care of Arab refugees in this country, and provide them with equitable and affordable healthcare services." -- Amazon.com.