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Some of the most pressing questions in immigration law and policy
today concern the problem of immigration controls. How are
immigration laws administered, and how are they enforced against
those who enter and remain in a receiving country without legal
permission? Comparing the United States and Germany, two of the
four extended essays in this volume concern enforcement; the other
two address techniques for managing high-volume asylum systems in
both countries.
The Ninth Edition of this pathbreaking casebook continues its
tradition of comprehensive coverage, with problems and exercises
that allow students to hone skills as counselors, litigators, and
policy advisors. These virtues have become especially important in
light of the many changes to immigration and citizenship law since
the Eighth Edition went to press in mid-2016. This new edition
opens with a reworked foundational chapter that guides students
through the casebook in two key dimensions: a basic framework for
constitutional immigration law, and an overview of the core
administrative law principles that recently have risen to
prominence in the making of immigration and citizenship law. This
Ninth Edition has thoroughly updated coverage of admissions
categories, unauthorized migrants, admission procedures, detention,
citizenship, removability, refugees and asylum, federal
enforcement, and state and local measures. The treatment of every
topic is streamlined, making for a slimmer volume. In each chapter,
the Ninth Edition emphasizes both core and cutting-edge issues,
while optimizing teachability for a wide variety of course
settings.
There is general agreement today that traditional approaches to
immigration admissions in the major receiving countries of the West
have serious shortcomings either in concept or implementation, or
at times in both. These essays, all written by leading immigration
experts, consider the philosophical and moral constraints on
immigration law and policy, the basic elements of a comprehensive
migration policy, and specific policy areas, including family
reunification and asylum. Taken together, these perspectives
represent a fresh, comparative look at some of the most urgent
issues in this pivotal area of law and policy.
Some of the most pressing questions in immigration law and policy
today concern the problem of immigration controls. How are
immigration laws administered, and how are they enforced against
those who enter and remain in a receiving country without legal
permission? Comparing the United States and Germany, two of the
four extended essays in this volume concern enforcement; the other
two address techniques for managing high-volume asylum systems in
both countries.
There is general agreement today that traditional approaches to
immigration admissions in the major receiving countries of the West
have serious shortcomings either in concept or implementation, or
at times in both. These essays, all written by leading immigration
experts, consider the philosophical and moral constraints on
immigration law and policy, the basic elements of a comprehensive
migration policy, and specific policy areas, including family
reunification and asylum. Taken together, these perspectives
represent a fresh, comparative look at some of the most urgent
issues in this pivotal area of law and policy.
Although America is unquestionably a nation of immigrants, its
immigration policies have inspired more questions than consensus on
who should be admitted and what the path to citizenship should be.
In Americans in Waiting, Hiroshi Motomura looks to a forgotten part
of our past to show how, for over 150 years, immigration was
assumed to be a transition to citizenship, with immigrants
essentially being treated as future citizens--Americans in waiting.
Challenging current conceptions, the author deftly uncovers how
this view, once so central to law and policy, has all but vanished.
Motomura explains how America could create a more unified society
by recovering this lost history and by giving immigrants more, but
at the same time asking more of them. A timely, panoramic chronicle
of immigration and citizenship in the United States, Americans in
Waiting offers new ideas and a fresh perspective on current
debates.
New book purchase includes complimentary digital access to the
eBook. Aleinikoff, Martin, Motomura, Fullerton, Stumpf &
Gulasekaram's Immigration and Nationality Laws of the United
States: Selected Statutes, Regulations and Forms serves as a
one-stop source for federal immigration legislation and other
primary source materials. A staple in classrooms nationwide, this
publication: Includes federal legislation, regulations, key
executive branch documents from the Trump and Biden
administrations, and other materials most often used in immigration
and citizenship courses Supplements any teaching materials on
immigration and citizenship Includes selected statutes,
regulations, and a guide to the most frequently used forms
In 1975, Texas adopted a law allowing school districts to bar
children from public schools if they were in the United States
unlawfully. The US Supreme Court responded in 1982 with a landmark
decision, Plyler v. Doe, that kept open the schoolhouse doors,
allowing these children to get the education that state law would
have denied. The Court established a child's constitutional right
to attend public elementary and secondary schools, regardless of
immigration status. With Plyler, three questions emerged that have
remained central to the national conversation about immigration
outside the law: What does it mean to be in the country unlawfully?
What is the role of state and local governments in dealing with
unauthorized migration? Are unauthorized migrants "Americans in
waiting?" Today, as the United States weighs immigration reform,
debates over "illegal" or "undocumented" immigrants have become
more polarized than ever. In Immigration Outside the Law, acclaimed
immigration law expert Hiroshi Motomura, author of the
award-winning Americans in Waiting, offers a framework for
understanding why these debates are so contentious. In a reasoned,
lucid, and careful discussion, he explains the history of
unauthorized migration, the sources of current disagreements, and
points the way toward durable answers. In his refreshingly
fair-minded analysis, Motomura explains the complexities of
immigration outside the law for students and scholars,
policy-makers looking for constructive solutions, and anyone who
cares about this contentious issue.
In this important book, a distinguished group of historians,
political scientists, and legal experts explore three related
issues: the Immigration and Naturalization Service's historic
review of its citizenship evaluation, recent proposals to alter the
oath of allegiance and the laws governing dual citizenship, and the
changing rights and responsibilities of citizens and resident
aliens in the United States. How Americans address these issues,
the contributors argue, will shape broader debates about
multiculturalism, civic virtue and national identity. The response
will also determine how many immigrants become citizens and under
what conditions, what these new citizens learn_and teach_about the
meaning of American citizenship, and whether Americans regard
newcomers as intruders or as fellow citizens with whom they share a
common fate.
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