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The overt and implicit biases that pervade immigration law and influence actors in the immigration system inflict extensive harms on noncitizens, their families, and their communities. Moreover, the system's rampant discrimination and intentional subordination of noncitizens undermine the country's commitment to equality and justice for all. This book envisions a different kind of immigration jurisprudence: a feminist version of immigration law that fosters a country where newcomers readily flourish with dignity. By reimagining Supreme Court opinions, this volume reconsiders the norms behind immigration policies and practices. It uplifts critical feminist and race concerns which value the perspectives of outsiders, expose the deep-rooted bias in the legal opinions of courts, and illuminate the effects of ostensibly neutral policies that create and maintain oppression and hierarchy.
This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race, and intersectional insights to Supreme Court opinions. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.
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