In the debate over U. S. immigration, all sides now support
policy and practice that expand the parameters of enforcement.
While immigration control forces lobby for intensifying enforcement
for reasons that are transparently connected to their policy
agenda, and pro-immigration forces favor the liberalization of
migrant flows and more fluid labor market regulation, these
transformations, meant to grow global trade and commerce networks,
also enlarge the extralegal (or marginally legal) discretionary
powers of the state and encourage a more enforcement-heavy
governing agenda.
Philip Kretsedemas examines these developments from several
different perspectives; exploring recent trends in U.S. immigration
policy, the rise in extralegal state power over the course of the
twentieth century, and discourses on race, nation and cultural
difference that have influenced the policy and academic discourse
on immigration. He also analyzes the recent expansion of local
immigration laws--including the controversial Arizona immigration
law enacted in the summer of 2010--and explains how forms of
extralegal discretionary authority have become more prevalent in
federal immigration policy, making the dispersion of these local
immigration laws possible. While connecting these extralegal state
powers to a free flow position on immigration, he also observes how
these same discretionary powers have historically been used to
control racial minority populations (particularly African American
populations under Jim Crow). This kind of discretionary authority
often appeals to "states rights" arguments, recently revived by
immigration control advocates to support the expansion of local
immigration laws. Using these and other examples, Kretsedemas
explains how both sides of the immigration debate have converged on
the issue of enforcement and how, despite different interests, each
faction has shaped the commonsense assumptions currently defining
the scope and limits of the debate.
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