Undocumented : How Immigration Became Illegal (9780807001684)
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Ellis Island, 42
El Norte (film), 112
El Salvador. See Salvadoran immigrants
employers: exploitation of immigrant workers, 54–55, 57, 62, 74–75, 116, 121–22, 191; reliance on Farm Labor Contractors, 123–24; sanctions for hiring undocumented workers, 12–13, 62, 115–16, 132, 189–91
enforcement of immigration laws: abandoning enforcement policies, 204–5; as component of comprehensive reform, 188, 189–90, 195–96, 200, 202; effects on agriculture and industry, 125–26; during Great Depression, 53; in interior of US, 100, 105, 107; under Obama administration, 117; workplace raids, 116–17, 135–40, 150. See also border enforcement policies
England, ideas about religion/race in, 31
entry without inspection, 43, 45, 53–54, 71–73, 203–4
Equal Protection Clause, 163
European countries, 24–29, 31, 72
European immigrants, 10, 33–35, 44, 45–46
E-Verify program, 93, 117, 140–41, 202–3
excludable classes of immigrants and citizens, 16–17, 31, 33–37, 42, 45
exploitation of immigrant workers, 54–55, 57, 62, 116, 121–22, 191. See also kidnapping of migrants
families: children’s loss of deported parents, 158–62; deportation effects upon, 5–6; family preferences in immigration law, 12, 165, 185; mixed immigration status in, 21, 91; undocumented parents as guilty of bringing children to US, 175–76; youth advocacy for, 177. See also children
Farm Labor Contractors (FLCs), 123–24
Farm Labor Organizing Committee (FLOC), 75–76
farmworkers. See agriculture; migrant workers and US agricultural system
farmworkers movement, 12–13, 60, 124–25, 188
felony immigration violations. See civil vs. criminal immigration violations
financial aid (higher education), 167–68
Flores v. Meese (1997), 154–55
focus groups on immigration, 198–203
foreign-born population (US), 48–49
Fourteenth Amendment (US Constitution), 10, 35, 163
Foxen, Patricia, 67–69
Framingham, Massachusetts, 98
France, Anatole, 24
fraudulent documents, 61–62, 63–64, 69–70, 74–76, 93–94, 95–96, 164–65
“free citizenship” concept, 34
freedom to travel, 26–29, 33–34, 36–37, 40–41, 206
Gabaccia, Donna, 46–47
Gadsden Purchase (1853), 49, 182
GEO Group, 109
Georges, Eugenia, 78
Georgia, 97, 112, 126–27
“global apartheid,” 36–37, 41
globalization, 2, 186
González, Gilbert, 55
Gonzalez, Roberto, 165
Grapes of Wrath (Steinbeck), 124
Great Depression, 53, 55, 59, 124
green cards. See legal permanent residents
Guatemala-Mexico border, 79
Guatemalan immigrants: case histories, 160–61; exclusion from Temporary Protected Status, 89; labor recruitment in, 76, 123–24; migration traditions, 64–67; misunderstanding of their own immigration status, 67–70; in Postville raid, 137; statistics, 48
guest workers: agricultural demand for, 127; Bracero Program, 11, 55–59, 63, 121–22, 135; H-2 Program, 60, 73
Guthrie, Woody, 113, 128
Haitian immigrants, 90
harboring undocumented immigrants, 114–15
health care, 85, 92, 137, 178
higher education, 41, 167–68, 179, 207
Hing, Julianne, 180
Hispanics. See Latinos
Hondagneu-Sotelo, Pierrette, 144–45
Honduran immigrants, 48
housing bubble, 131
human trafficking, 80, 156
Hurricane Katrina, 132
I-94 forms, 72, 96
identity theft, 93–94, 136, 138
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA, 1996), 140, 167
illegality: under 1891 Immigration Act, 42; under 1924 Immigration Act, 45; under 1965 Immigration and Nationality Act, 60; anti-“illegal” rhetoric, 17–18, 46–47, 192–94, 206–8; challenges to the concept of, 22, 169, 174, 206–7; and inequality, 14; as a legal/social construction, 1–2, 20, 23–24, 208; as means of exploiting workers, 19, 39, 177; prison industry as benefitting from, 101; as scapegoat for social problems, 102, 125; “transition to illegality,” 165–66. See also undocumented immigrants
immigrant rights: and comprehensive immigration reform, 196, 201–3; framing as racial discrimination, 115–16; as human rights, 22; organizations supporting, 190, 202; protests for, 171, 196–98; undocumented youth advocacy for, 41, 168–73, 177
immigrants. See immigration status; migrant workers; undocumented immigrants
immigrants, defined, 43
immigrants vs. workers distinction, 10
Immigrant Workers Freedom Ride, 197–98
Immigration Act (1891), 42
Immigration Act (1903), 42
Immigration Act (1924), 10, 34–35, 44, 45, 54
Immigration Act (IMMACT; 1990), 89
Immigration and Customs Enforcement (ICE): budget growth, 102; deportation cases and DACA, 178; deportation guidelines, 159–61; detention of children and youth, 155–57; fraudulent marriages, 94–95; inspection of immigrants, 71; interior enforcement of immigration law, 100–101; prosecutorial discretion of, 159, 173, 203–4; quotas for removals, 106–7; Secure Communities program, 97–98, 107, 202–3; workplace raids and audits, 116–17. See also earlier Immigration and Naturalization Service (INS)
Immigration and Nationality Act (1965), 59–60, 184–85
Immigration and Naturalization Service (INS): application backlogs, 89; detention of children and youth, 154–55; Operation Vanguard, 134; refugee and asylum policies, 189; workplace raids, 134–40. See also later Immigration and Customs Enforcement (ICE)
immigration court system, 6–8, 99, 102–3, 107, 138–39, 161–62
immigration “crisis,” 194
immigration documents. See fraudulent documents; specific types of documents (e.g., visas)
immigration law and policy: Arizona S.B. 1070, 110–12; children and youth, 156; comprehensive immigration legislation, 196; as criminalizing people of color and African Americans, 15–18, 109; criminal vs. civil violations, 98–100; elimination of “illegality” from, 22, 204–5; exceptions for Mexican workers, 10–11; family preferences, 12, 165, 185; illegality in post-1965 laws, 1–2; on immigration from the Philippines, 164–65; inequality as enshrined in, 24–25, 85–86; as legitimizing abuses against migrants, 82; as prohibiting regularization of immigration status, 41; race and, 33, 107. See also enforcement of immigration laws; specific laws
immigration raids. See workplace raids
Immigration Reform and Control Act (IRCA; 1986): employer sanctions in, 13; failures of, 189–92; legalization provisions, 61–62, 88; path to citizenship in, 43; prohibition on hiring undocumented workers, 114; provisions for agricultural labor, 122–23
immigration reform proposals (present day), 21–22, 195–96, 204–5. See also comprehensive immigration reform
immigration status: and access to social services, 91–93; as an internal border within US, 176–77; of children and youth, 153, 174–79; methods of attaining legal permanent residence, 46; and registry for noncitizens, 43; temporary statuses, 88–89; undocumented immigrants’ confusion about, 68–69; US laws prohibiting regularization of, 41. See also legalization of immigration status; legal permanent residents; undocumented immigrants
incarceration, 15–18, 104–5. See also detention for immigration violations; prison system
independent contractors, 131–32, 147–48
indigenous people, 7, 30, 48, 63, 64–70, 123, 188
Individual Taxpayer ID Numbers (ITINs), 91
inequality: global, 2, 36–37; “illegal” immigration as perpetuating, 14, 19, 151, 206; as root of immigration to US, 187; a
s structural to agricultural system, 120–21; in United States, 145
in-sourcing of jobs, 13–14, 118–19, 152
“intending citizenship” concept, 33–34
“internal border,” 176–77
Internal Revenue Service (IRS), 94
Ireland, 31
Irwin (GA) Detention Center, 112
Jalisco, Mexico, 52–54, 56, 62–63
Jews in Spain, 29–30
Jim Crow system, 2, 14–18, 27, 38. See also slavery
jobs: types of jobs undesirable to Americans, 121, 124–25, 127, 143; of undocumented workers, 117–20
Kansas, 126
Kanstroom, Daniel, 57, 58
Kerik, Bernard, 144
kidnapping of migrants, 79–82
labor markets: dual labor market, 9–12, 38–39, 55; effects of reducing undocumented immigration upon, 125; impact of INS/ICE raids upon, 134–36, 140; labor shortages, 55, 126–27, 143
labor recruitment and contracting: for authorized workers, 136, 139; Bracero Program, 11, 55–59, 63, 121–22, 135; forced recruitment of Guatemalan Mayans, 64–66, 68; in H-2 program, 74–76; under IRCA, 123–24; in Mexico, 52–53
labor unions: AFL-CIO, 13, 15, 191, 197–98; Farm Labor Organizing Committee, 75–76; in-sourcing and avoidance of, 133–34; stance on immigration policies, 12–13, 197–98; United Farm Workers, 12–13, 124–25, 188
LaBotz, Dan, 76
La Mesilla Purchase (1853), 49, 182
landscaping industry, 141–45
Latin America, US policies in, 186–87
Latinos: and criminalization of immigration violations, 105; increase in population of, 47–48; mass incarceration of, 15–18; as Secure Communities detainees, 107; undocumented as percentage of, 153; views of employer sanctions, 15–16; as voting bloc, 153, 174, 198, 202. See also Central American immigrants; Mexican immigrants and immigration
“Latino threat narrative,” 101–2
law enforcement. See local law enforcement
“lawfully present” immigrants, 91, 179
Leadership Council on Civil Rights, 115–16
legalization of immigration status: DACA, 90; economic impact of, 149–50; Immigration and Nationality Act (1965), 59–60; industry calls for, 143; IRCA, 61–62, 88, 122–23, 189–92; NACARA, 89; and upward mobility, 127; via reentry through Canada, 46; vs. citizenship, 173. See also fraudulent documents; specific immigration statuses
legal permanent residents: deportation of, 18, 60, 105, 185; entry through Canada, 46; exclusion from services, 91; fraudulent green cards, 164; origin of status, 59
literacy requirements, 43, 53
local law enforcement, 84, 97–98, 110, 195
Los Angeles, California, 144–46
Lovell, George, 65, 68
LULAC (League of United Latin American Citizens), 188, 195
Lutz, Christopher, 65, 68
Management and Training Corporation (MTC), 109
Manifest Destiny, 27
marches for immigrant rights, 171, 196–98
Margolis, Maxine, 78
marrying for documents, 94–95
Martin, Philip, 62, 123, 127
Martínez, Alma, 188–89
Martínez, Oscar, 60
Martínez, Samuel, 78
Massachusetts, 179
massacres of migrants, 81
Massey, Douglas, 48, 61
Mayan immigrants. See Guatemalan immigrants
McCarran-Walter Act (1952), 114
meatpacking industry, 118–19, 133–40, 152
Menchu, Rigoberta, 65–66
Menendez, Robert, 176
Meng, Grace, 175
Menjívar, Cecilia, 89–90, 153
Mexican American rights organizations, 188–89
Mexican immigrants and immigration: Bracero Program, 55–59; criminalization of, 15–18, 82; defined as non-white, 34–35; discrimination against, 36; pre-1919 ease of entry, 43; employer sanctions and, 191–92; exemptions from immigration laws, 9–10, 53; importance in American labor market, 113–14, 125; increase in number of, 47–48, 184–85; “Mexican wages,” 54–55, 57, 183; migration patterns, 42, 48–52, 56, 62–63, 123–24, 184; railroads and, 50–52; restrictions on citizenship of, 34; sending communities in Mexico, 52–54; tourist visas, 71–72; US economic crisis and decrease in, 77; and visa quota system, 44, 184; voluntary removal of, 99; as “workers” vs. “immigrants,” 11–12, 50, 183
Mexican Migration Project, 49
Mexican National Institute of Migration (INAMI), 79, 82
Mexico: children deported to, 154–56; company towns in, 54–55; dangers of migration through, 77–82; indigenous people, 7, 48, 63, 123, 188; limits on migration from, 60–61; northern border, 82–83; railroads and migration in, 50–52; southern border control, 78–79
Michigan, 179
middle-class American lifestyle, 144–45, 146, 148–51
Migrant Farmworker Justice Project, 118
migrants to US, risks faced by, 3–6, 8, 79–82, 158
migrant workers: culture of migration, 56; ineligibility for DACA, 175; as returning to home country, 49–50; seasonal patterns of migration, 11–12, 42, 118, 120–22, 184–85. See also undocumented immigrants
migration patterns: European/American domination over, 26–29, 33; of Guatemalan Mayans, 64–67; IRCA disruption of Mexican, 62–63, 123–24; from Philippines, 164–65; poverty and crossing through Mexico, 78; and railroads in Mexico, 50–53; as seasonal and circular, 11–12, 56, 60–61, 184–85; of undocumented immigrants, 20. See also labor recruitment and contracting
military service, 168, 174
minimum wage, 125, 132
Mitchell, Don, 120, 121–22
mobility restrictions, 24–30
Molina, Sandra, 160
Morton, John, 159, 173, 203
Motomura, Hiroshi, 33–34
Muslims in Spain, 29–30
NAACP, 13, 115–16
nannies, 144–47
national security, 95, 101–2, 158, 203
Native Americans, 27–28, 30, 31, 34, 181
Navarrette, Ruben, 207
Nebraska, 134–35
neoliberal policies, 186–87
Nevada, 131
Nevins, Joseph, 194
New Imperialism, 27
New Orleans, 132
newspaper delivery system, 146–48
Ngai, Mae, 45
Nicaraguan Adjustment and Central America Relief Act (NACARA; 1997), 89
9500 Liberty (film), 150
No More Deaths (organization), 3
North American Free Trade Agreement (NAFTA), 63
Obama, Barack: on comprehensive immigration reform, 200–204; DACA program, 90, 153, 174–79; on DREAM Act, 172–74; E-Verify system expansion, 140, 202–3; removal and deportation under, 100, 107, 158–61, 177; on undocumented children, 162; on workplace raids, 117
Operation Hold the Line, 82–83
Operation Streamline, 6–8, 104–6
Operation Wetback, 58
Orantes-Hernandez v. Meese, 189
organized crime, 80–81, 204–5
out-migration, 42
outsourcing, 13, 130, 142
Pacheco, Gaby, 170–71, 172
Palauan immigrants, 139
parental rights, 153–54, 159–62
parents. See families
Passel, Jeffrey, 191
passports, 40–41, 43, 44, 73, 95, 159, 165
paths to citizenship, 43, 168, 174, 177, 200–201, 205
Patrick, Deval, 98
payroll fraud, 131
Pearce, Russell, 110–11
Perez-Funes v. District Director, 189
Perry, Rick, 167, 194–95
Philippines, 163–65
Plan Sur, 78
plea bargains, 105, 138
Plyer v. Doe (1982), 163
political consulting firms, 198–203
politicians: attracting Latino votes, 173–74; campaign donations to, 111; as employers of und
ocumented workers, 144; immigration as rallying point for, 101–2, 192–93, 199–203; lobbying by prison system, 108–11
Postville (IA) raid, 69, 136–40
Praeli, Lorella, 177
Pratt, Travis, 108
Pren, Karen, 48
prices of consumer goods, 51, 101, 125
prison system, 15–18, 38, 104, 108–12, 158
probationers as agricultural labor, 127
Proposition 187 (CA), 192–93
prosecutorial discretion, 103, 159, 173, 203–4
protests for immigrant rights, 171, 196–98
Proyecto Kino, 4–5
public benefits eligibility, 91–93, 163, 167, 178–79
public defenders, 103, 105, 106, 138–39
public housing, 92
Puerto Rican birth certificates, 93–94
quota system (visas), 12, 33, 44, 46, 60, 184
race and racism: in anti-immigrant movement, 198–99, 206–7; and citizenship, 32–37; in criminalization of immigration violations, 105; employer sanctions and racial profiling, 115–16; in ideologies justifying colonialism, 26–29; and immigration laws, 2, 10, 15–18; linkage to religion, 29–32; against Mexicans, 182–83; racial profiling in workplace raids, 135–36; and welfare reform, 193
raids, 116–17, 134–40, 150
railroads and migration patterns, 50–52, 79–80
REAL ID Act (2005), 95–96
reentry after removal, 45–46, 104, 106–7, 160, 203
refugees, 136, 155–56, 189
registry for noncitizens, 43, 45
Reid, Harry, 172, 173, 176
religion, 26, 29–32
remittances, 56, 67
removal from the US: under Operation Streamline, 104–5; reentry after removal, 45–46, 104, 106–7, 160, 203; voluntary departure and removal, 99–100, 104. See also deportation
Republican Party, 97, 172–73, 188, 193–95, 198
Reyes, Silvestre, 83
rights: as conferred through citizenship, 32–34, 36, 115–16; of deported parents, 161–62; under immigration court system, 102–3, 138; protests for immigrant rights, 171, 196–98; race and, 30; of undocumented children, 153; voting rights, 16, 34, 35; work as obligation vs. privilege, 37–39. See also immigrant rights
Rodino, Peter, 115
Rogers, Chip, 97
Romney, Mitt, 144, 178, 198
Rubashkin family, 136–37
Rubio, Marco, 173–74
Ruskola, Teemu, 28
Russian immigrants, 44–45
Salvadoran immigrants, 48, 89–90, 143, 189
sanctions against employers, 12–13, 62, 115–16, 132, 189–91