Undocumented : How Immigration Became Illegal (9780807001684)
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10. Ibid., 2.
11. Ibid., 17–18.
12. Ibid., 19–20.
13. Ibid., 20.
14. See David Bacon, Illegal People: How Globalization Creates Migration and Criminalizes Immigrants (Boston: Beacon Press, 2008), and David Bacon, The Right to Stay Home (Boston: Beacon Press, 2013), for further discussion of how US policies foster out-migration. For US policy in Latin America more generally, see Greg Grandin, Empire’s Workshop: Latin America, the United States, and the Rise of the New Imperialism (New York: Henry Holt, 2006).
15. Jacqueline Stevens, States without Nations: Citizenship for Mortals (New York: Columbia University Press, 2010), 45.
16. I would like to thank Oscar Chacón of NALAAC for sharing his thoughts on the history of these various immigration reform agendas and allowing me to incorporate his ideas in this section.
17. Joseph Nevins, Operation Gatekeeper and Beyond: The War on “Illegals” and the Remaking of the US–Mexico Boundary, 2nd ed. (New York: Routledge, 2010), 140.
18. David G. Gutiérrez, Walls and Mirrors: Mexican Americans, Mexican Immigrants, and the Politics of Ethnicity (Berkeley: University of California Press, 1995).
19. Alma Martínez, “Pancho Villa’s Head: The Mexican Revolution and the Chicano Dramatic Imagination,” Pomona College Oldenborg Lunch Series, April 25, 2013.
20. Karen Woodrow and Jeffrey Passel, “Post-IRCA Undocumented Immigration to the United States: An Assessment Based on the June, 1988 CPS,” in Undocumented Migration to the United States: IRCA and the Experience of the 1980s, ed. Frank D. Bean, Barry Edmonston, and Jeffrey S. Passel (Washington, DC: Urban Institute Press, 1990), 51. They point out that because of inconsistencies in how Seasonal Agricultural Workers are counted in the Census and the Community Population Survey, the numbers don’t correspond perfectly. Some 1.3 million were legalized under the SAW provisions.
21. Woodrow and Passel, “Post-IRCA Undocumented Immigration,” 66. Emphasis in original.
22. Jeff Stansbury, “L.A. Labor and the New Immigrants,” Labor Research Review 1, no. 13 (1989): 22.
23. See Nancy Cleeland, “AFL-CIO Calls for Amnesty for Illegal US Workers,” Los Angeles Times, February 17, 2000.
24. “AFL-CIO: End Sanctions,” Migration News 7, no. 3 (March 2000), http://migration.ucdavis.edu/mn/more.php?id=2037_0_2_0.
25. Wayne A. Cornelius, “Impacts of the 1986 US Immigration Law on Emigration from Rural Mexican Sending Communities,” in Bean, Edmonston, and Passel, Undocumented Migration, 243.
26. See Nevins, Operation Gatekeeper and Beyond, 105.
27. Proposition 187: Text of proposed law, http://www.americanpatrol.com/REFERENCE/prop187text.html.
28. Ruben J. Garcia, “Critical Race Theory and Proposition 187: The Racial Politics of Immigration Law,” Chicano-Latino Law Review 17, no. 118 (1995): 130.
29. Nevins, Operation Gatekeeper and Beyond, 108.
30. Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Colorblindness (New York: New Press, 2010), 47.
31. Ibid., 42.
32. Ibid., 54.
33. Nevins, Operation Gatekeeper and Beyond, 110.
34. Ibid., 4, quoting US Border Patrol, “Border Patrol Strategic Plan: 1994 and Beyond,” 1994, 114.
35. Nevins, Operation Gatekeeper and Beyond, 12.
36. Wade Goodwyn, “Texas Republicans Take Harder Line on Immigration,” National Public Radio, March 29, 2011, http://www.npr.org/2011/03/29/134956690/texas-republicans-take-harder-line-on-immigration.
37. “Statement by Gov. Rick Perry on Immigration and Border Security,” press release, April 29, 2010, http://governor.state.tx.us/news/press-release/14574/.
38. “Statement by Gov. Perry Regarding SCOTUS Decision on Arizona Law,” press release, June 25, 2012, http://governor.state.tx.us/news/press-release/17373/.
39. Tim Eaton, “Perry Blasts Arizona Ruling But Ready to Push Sanctuary City Bill Again,” Austin Statesman, June 25, 2012.
40. Text of Bush immigration speech, January 7, 2004, available on a number of websites, including PBS, http://www.pbs.org/newshour/bb/law/jan-june04/workers_bg_01–07.html.ye.
41. Irene Bloemraad, Kim Voss, and Taeku Lee, “The Protests of 2006: What They Were, How Do We Understand Them, Where Do They Go?,” in Rallying for Immigrant Rights: The Fight for Inclusion in 21st Century America, ed. Kim Voss and Irene Bloemraad (Berkeley: University of California Press, 2011), 3–4.
42. Beth Baker-Cristales, “Mediated Resistance: The Construction of Neoliberal Citizenship in the Immigrant Rights Movement,” Latino Studies 7, no. 1 (Spring 2009): 61.
43. Bloemraad, Voss, and Lee, “The Protests of 2006,” 23.
44. See Sarah Anne Wright, “‘Freedom Ride’ Focuses Attention on Immigrants’ Rights,” Seattle Times, September 21, 2003. See also Randy Shaw, “Building the Labor-Clergy-Immigrant Alliance,” in Rallying for Immigrant Rights, ed. Voss and Bloemraad, 82–100.
45. Shaw, “Building the Labor-Clergy-Immigrant Alliance.”
46. John F. Harris, “Bush’s Hispanic Vote Dissected,” Washington Post, December 26, 2004.
47. Mark Hugo Lopez, “The Hispanic Vote in the 2008 Election,” Pew Hispanic Center, November 8, 2008, http://www.pewhispanic.org/2008/11/05/the-hispanic-vote-in-the-2008-election/; Donna St. George and Brady Dennis, “Growing Share of Hispanic Voters Helped Push Obama to Victory,” Washington Post, November 7, 2012.
48. Rinku Sen, “Immigrants Are Losing the Policy Fight. But That’s Beside the Point,” Colorlines, September 17, 2012, http://colorlines.com/archives/2012/09/immigrants_are_losing_the_political_fight_but_thats_beside_the_point.html.
49. Drew Westen, “Immigrating from Facts to Values: Political Rhetoric in the US Immigration Debate,” Migration Policy Institute, 2009, http://www.migrationpolicy.org/pubs/TCM-politicalrhetoric-Westen.pdf.
50. Stan Greenberg, James Carville, Mark Feierstein, and Al Quinlan, “Winning the Immigration Issue: A Report on New National Survey on Immigration,” December 18, 2007, Greenberg Quinlan Rosner Research, http://www.gqrr.com/articles/2120/4038_Democracy_Corps_December_18_2007_Immigration_Memo.pdf.
51. Jorge Ramos interview with then-candidate Barack Obama, May 28, 2008, This Week, ABC, July 4, 2010, Politifact.com, http://www.politifact.com/truth-o-meter/promises/obameter/promise/525/introduce-comprehensive-immigration-bill-first-yea/.
52. “Obama’s Remarks to NALEO,” June 28, 2008, Real Clear Politics, http://www.realclearpolitics.com/articles/2008/06/obamas_remarks_to_naleo.html.
53. Carrie Budoff Brown, “Dems’ Tough New Immigration Pitch,” Politico, June 10, 2010, http://www.politico.com/news/stories/0610/38342.html.
54. “Transcript of President Obama’s Press Conference,” New York Times, November 14, 2012, http://www.nytimes.com/2012/11/14/us/politics/running-transcript-of-president-obamas-press-conference.html.
55. Gabriel Thompson, “How the Right Made Racism Sound Fair—and Changed Immigration Politics,” Colorlines, September 13, 2011, http://colorlines.com/archives/2011/09/how_the_right_made_racist_rhetoric_sound_neutral—and_shaped_immigration_politics.html.
56. Spencer S. Hsu, “Obama Revives Bush Idea of Using E-Verify to Catch Illegal Contract Workers,” Washington Post, July 9, 2009.
57. John Morton, “Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens,” June 30, 2010, http://www.ice.gov/doclib/detention-reform/pdf/civil_enforcement_priorities.pdf; John Morton, “Memorandum,” June 17, 2011, http://www.ice.gov/doclib/secure-communities/pdf/prosecutorial-discretion-memo.pdf.
58. John Simanski and Lesley M. Sapp, “Immigration Enforcement Actions: 2011,” US Department of Homeland Security, Office of Immigration Statistics, September 2012, http://www.dhs.gov/sites/default/files/publications/immigration-statistics/enforcement_ar_2011.pdf.
59. US Department of Homeland Security, Immigration and Customs Enforcement, “FY 2012: ICE announces year-end removal numbers,” December 21, 2012
, http://www.ice.gov/news/releases/1212/121221washingtondc2.htm.
60. Ben Winograd, “ICE Numbers on Prosecutorial Discretion Keep Sliding Downward,” Immigration Impact, July 30, 2012, http://immigrationimpact.com/2012/07/30/ice-numbers-on-prosecutorial-discretion-sliding-downward/; “ICE Prosecutorial Discretion Program: Latest Details as of June 28, 2012,” Syracuse University Transactional Records Access Clearinghouse (TRAC) Immigration, http://trac.syr.edu/immigration/reports/287/.
61. Sen, “Immigrants Are Losing the Policy Fight.”
62. The campaign is described on the Colorlines website, http://colorlines.com/droptheiword/.
63. Craig Kopp, “Associated Press Recommends Media Stop Using ‘Illegal Immigrant,’” WUSF News, April 12, 2013, http://wusfnews.wusf.usf.edu/post/associated-press-recommends-media-stop-using-illegal-immigrant.
64. Adam Clark Estes, “L.A. Times Ban on ‘Illegal Immigrant’ Puts Everybody Else on the Spot,” Atlantic Wire, May 1, 2013, http://www.theatlanticwire.com/politics/2013/05/new-la-times-ban-illegal-immigrant-puts-everybody-else-spot/64795/.
65. Ruben Navarrette, “DREAMers Are Pushing Their Luck,” CNN Opinion, December 19, 2012, http://www.cnn.com/2012/12/19/opinion/navarette-dreamers/index.html.
66. Frederick Douglass, “West India Emancipation,” August 3, 1857. Reproduced at http://www.blackpast.org/?q=1857-frederick-douglass-if-there-no-struggle-there-no-progress.
Index
Please note that page numbers are not accurate for the e-book edition.
Abrego, Leisy, 89–90
adoption of children of deported parents, 159, 162
Affordable Care Act (2010), 92, 178–79
AFL-CIO, 13, 15, 191, 197–98
African Americans: citizenship of, 10; criminalization and mass incarceration of, 15–18, 109; freedom to travel, 33, 34; Jim Crow system, 2, 14, 27, 38; removal from the labor force, 18, 38–39; slavery, 9, 30, 31, 32, 183; and welfare reform, 193. See also civil rights movement
African immigrants, 136
agriculture and US agricultural system: as employer of undocumented workers, 11, 13; and employer sanctions, 123; labor contracting, 52–53, 57, 68, 74–76, 123–24; labor shortages, 55, 126–27, 143; percentage of undocumented workers in, 118; productivity of American vs. migrant workers, 127; structural need for undocumented labor, 120–21; unsustainability of, 128–29. See also Bracero Program; labor recruitment and contracting; migrant workers
Agriprocessors plant raid, 117, 136–40
Alexander, Michelle, 15–18, 38–39
Alien Registration Act (1940), 59
American Baptist Church v. Thornburgh (1990), 88–89, 189
American Legislative Exchange Council (ALEC), 110–11
American workers, 121, 124–25, 127, 143
“amnesty,” 196
“anchor babies,” 159
Anguiano, Claudia, 170
Applied Research Center, 206–7
Arandas, Jalisco, Mexico, 52–54
Arizona, 3, 6, 84–85, 110–12, 141, 179, 194–95
Asian immigrants, 10–11, 28, 33–35, 120
Asiatic Barred Zone, 28
Associated Press, 207
asylum, 69, 88–90, 104, 189
attitudes about immigration: of European immigrants, 10; and freedom to travel, 40–41; immigrants as lawbreakers, 1, 15, 17–18, 67, 69, 201; media use of “illegal immigrant” term, 46–47, 206–7
Benton-Cohn, Katherine, 182
Berlin, Irving, 44–45
birth certificates, 93–94, 95
Border Crossing Cards, 71–72
border crossings, 73–76, 77–82, 154–58
border enforcement policies: border militarization, 62; harm to migrants from, 82–85; and migration patterns, 152, 204; as political issue, 192–93, 200–201; unintended consequences of, 185, 187
Border Patrol, 3–4, 54, 83–85, 100, 155
Border Patrol Search, Trauma, and Rescue (BORSTAR), 85
Border Security, Economic Opportunity and Immigration Modernization Act, 169, 180
Borjas, George, 149
Bracero Program, 11, 55–59, 63, 121–22, 135
Brazilian immigrants, 78
Brownell, Herbert, 58
Burmese immigrants, 136
Bush (George W.) administration: border enforcement under, 78–79; immigration agenda, 195–96, 198; immigration as political issue during, 194, 200; Secure Communities program, 107, 202; workplace raids under, 116–17
California: agricultural reliance on migrant labor, 11, 61, 121–22; California-Mexico border, 83–84, 85; immigrant-supported lifestyle in, 144–45; in-state tuition for undocumented students, 167–68; Operation Gatekeeper, 82–84, 193; Proposition 187, 192–93
California Landscape Contractors Association, 143
Camayd-Freixas, Erik, 69, 137–39
Canada, reentry through, 46
Cardin, Ben, 176
Caribbean islands, 42
Carl, Steven, 98
Catholic Church, 197
Central American immigrants: children detained and deported, 155–58; increase in number of, 48, 154, 156; journey to US border, 77–82; reasons for migrating, 64–69; temporary protected status for, 89–90; US policies leading to migration of, 158, 186–87, 189. See also Guatemalan immigrants
Central American Refugee Center (CARECEN), 189
Chacón, Oscar, 202
Chaparro, James, 106–7
Chavez, Leo, 101–2
Chavez-Thompson, Linda, 191
Chicano movement, 188–89
child-care industry, 144–47
children: border crossings made by, 74; child welfare system, 161–62; citizen children of undocumented parents, 140, 153; DACA program, 90, 174–79; detention and deportation of, 154–59; foster care, 159; immigration law regarding, 152; loss of parents to deportation, 158–62; public benefits eligibility, 92; school achievement of immigrants, 166–67; “transition to illegality,” 162–66. See also families; undocumented youth
Chinese Exclusion Act (1882), 11, 33, 46, 120
Chinese immigrants, 10–11, 28, 34–35, 120
Christianity and colonialism, 26, 29–32
citizenship: pathways to, 43, 168, 174, 177, 200–201, 205; by place of birth, 10, 35, 36; and race, 32–34, 183
citizens of US: children of undocumented parents, 143, 152–54; deportation of citizens of Mexican origin, 59; freedom to travel of, 40–41; jobs undesirable to, 118, 121, 124–25, 127, 143
civil disobedience, 170
civil rights movement: and 1965 Immigration and Nationality Act, 184–85; elimination of race-based discrimination, 35; on employer sanctions, 115–16; and freedom to travel, 33; and guest workers, 11, 60; and mass incarceration of African Americans and immigrants, 15–18; and racism, 2. See also African Americans
civil vs. criminal immigration violations, 98–100, 104–6, 106–7, 138–39, 203–4
Clark, Victor, 49–50, 51–52
Clinton administration, 144, 192–93
Colbert, Stephen, 125
colonialism, legacy of, 9, 26–29, 30–32, 37–38, 181–82
coming out as undocumented, 163–64, 170, 178
Compa, Lance, 133–34
company towns, 55
comprehensive immigration reform, 144, 169, 180, 189–92, 196
Comprehensive Immigration Reform Act (S.2611), 169
construction industry, 119, 130–33
consulting firms (political), 198–203
consumer benefits of illegality, 14, 101, 128, 142, 151, 181–82, 186–87
Corrections Corporation of America (CCA), 108–11
countries, assumptions about, 206
“coyotes,” 20–21, 57, 63–64, 68, 73, 81
critical legal studies, 24–25
cultural changes and immigration law, 2, 206–7
“culture of migration,” 56
A Day without a Mexican (film), 150
deaths of migrants, 3, 79, 83–85
; Deferred Action for Childhood Arrivals (DACA), 90, 94, 153, 174–79, 204
De Genova, Nicholas, 19, 39, 116, 183
Democracy Corps, 199–200, 202
Democratic Party, 188, 193, 199–203. See also Obama, Barack
Department of Homeland Security (DHS), 100, 155, 178–79, 193–94
deportation: and Bracero Program, 57; of criminals vs. non-criminals, 106–7, 200, 204; deportee testimonies, 3–6; as disproportionally affecting Mexicans, 88; economic impact of, 149–50; effects on communities, 140, 150; for entry without inspection, 45, 53–55; of Europeans, 34; ICE quotas for, 106–7; of indigent immigrants, 42, 53, 59; and INS raids, 134–36; legal process of, 6–8, 103–6; of parents of citizen children, 158–62; racial justifications for, 183; statutes of limitations on, 45; traffic stops leading to, 97; of US citizens, 58; vs. voluntary departure and removal, 99–100, 104. See also immigration court system; reentry after removal; voluntary departure and removal
Detention and Removal Operations (DRO) of ICE, 106–7
detention for immigration violations, 99, 102, 103–6, 106–7, 108–12, 154–58, 158–62. See also incarceration; prison system
DHS. See Department of Homeland Security
Diamond, Jared, 28
Dillingham US Immigration Commission (1911), 183
discrimination, legalized, 15–18, 35–36, 154, 177, 184, 206
Division of Unaccompanied Children’s Services (DUCS), 155, 161
“documented illegal aliens,” 62
documenting an undocumented life, 178
documents. See fraudulent documents; specific types of documents (e.g., visas)
domestic workers, 144–47
Dominican immigrants, 78
DREAM (Development, Relief and Education for Alien Minors) Act, 167–71, 168, 169, 172–74, 176, 180. See also children; undocumented youth
DREAMers, defined, 168
Dred Scott decision (1857), 33
driver’s licenses, 95–98, 163–64
Drop-the-I-Word campaign, 206–7
drug wars, 105, 109
dual labor market, 9–12, 38–39, 55
Durbin, Dick, 176
education, public, 92, 163, 166–67, 174
Eisenhower administration, 58–59