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Immigrants as Criminals

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Haley Garner

on 30 April 2015

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Transcript of Immigrants as Criminals

Chishti, Muzaffar, and Claire Bergeron. "Post-9/11 Policies Dramatically Alter the U.S. Immigration Landscape." Migration Policy Institute. September 8, 2011. Accessed March 24, 2015.
Immigrants as Criminals
The 1990's:
Pre and Post Republican Revolution

Republican Revolution: Result of 1994 election. Republicans took control of both House and Senate
This had not happened for 40 years
House Speaker was Newt Gingrich
Conclusion

Immigrants as Criminals:
Post 9/11

Shift to anti-immigration policy as a means to deter "criminals" and "terrorists"
Convergence of immigration law and criminal law
Agenda
Court's Response
Padilla v. Kentucky

Rasmieh Odeh

Congress
The Activist Response
Legal and Legislative Reform
Legislation
Crimmigration is...
1986 - Related to Criminals
Early 1990's
1990's Continued
IA 1990 received HARSH criticism
"ill conceived, deceptively designed, poorly timed, subtly racist"
Restrictions on family-related immigration for first time since '20's
US had been in a recession
Department of Labor did not see a need for more immigrants
Recent estimates showed a 35% increase in immigrants (not including illegals or refugees)
But what do the legal scholars say?
"Contract with America"
Illegal alien vs. criminal alien
'Enforcement First'
Effect of IIRIRA and AEDPA
The Immediate Aftermath
Racial Profiling
Increased discrimination against those with perceived links to Al-Qaeda
(Arabs, Muslims, South Asians)
Increase in hate crimes
NSEERS (National Security Entry-Exit Registration System)

Broader Effects of 9/11 on Immigrant Criminalization
Recent Impacts of 9/11 on Crimmigration
2007: Failure to pass Comprehensive Immigration Reform Act
2010: Arizona State Bill 1070

Legal Scholars on Post 9/11 Immigration
Interior enforcement in the name of national security
Increased fed. legislation after 9/11, increased spending on enforcement mandates/programs
DHS, Terrorists, and Criminals
Legal Scholars on Post 9/11 Immigration
Plenary Power & Immigration
Equal Protection/Substantive Due Process
DOMA as it applies to immigration
enforcement
John Oliver
on Immigration
Post 1996 Legal Reform
-AEDPA and IIRIRA shape immigration reform
-Habeas corpus rights restricted
-Criminalizes misdemeanor behaviors (applied retroactively)
-Supreme Court as a route for activism
-Zadvydas v Davis
-INS v St. Cyr
Local Authorities
Shift from federal to local
Operation Stonegarden
Lozano v. Hazelton
Arizona v. United States
Justice Department
Focus on threat of deportation
2003: policy to ban racial profiling
National Fugitive Operations Program by ICE
Rasmieh Odeh
Padilla v. Kentucky
Questions?
Haley Garner, Ashley Connelly, Mena Hermiz, Alexandra Page, Adam Miller, Jacqueline Matyszczyk, Polina Hristova, Jacob Lockledge

Post-Revolution
(More Restriction)
Moving Forward
Media Portrayals Linking Immigrants to Criminals
9/11 attacks increased ethnocentrism / "othering"
Effects of the "Latino Threat Narrative"
Negative media portrayals of Arabs, Latinos, and other groups can influence public perception and government legislation (Policy Feedback Loop)
1996 Anti-
Terrorism
and Effective Death Penalty Act
1996 Illegal Immigration Reform and Immigrant Responsibility Act
2001 USA PATRIOT Act
2003
Operation Endgame
2004
Operation
Frontline
2004 Intelligence Reform and
Terrorism
Prevention Act
2005
Operation
Streamline
2006
Operation
Return to Sender
2007
Secure
Communities Program
USA PATRIOT Act
Department of Homeland Security
Increased funding towards deportations, surveillance, and border enforcement
Changed dynamic of U.S. / Mexico border
Regularized prosecutions / deportations of undocumented immigrants
"Legal Violence"
America needs a scapegoat
High unemployment, poverty, crime, welfare system highly publicized
Politicians, Undocumented Immigrants, & Natural Disasters
Diversity within 'Illegal Alien' Pop.
What exactly is an 'aggravated felony'? (1996 vs. 1988)
Additional Commentary
http://www.mediaite.com/tv/john-oliver-flips-the-script-on-immigration-opponents-and-their-undocumented-opinions/#ooid=ZyeWNibjpekaEGHU_vUQtaCcrnGoUFcb
Immigration Consequences of Criminal Convictions
555 U.S. 1169; 129 S. Ct. 1317; 173 L. Ed. 2d 582; 2009 U.S. LEXIS 1453; 77 U.S.L.W. 3467.
Date Accessed: 2015/03/22. www.lexisnexis.com/hottopics/Inacademic.
Lawful Permanent Resident
Decided March 2010
7-2 Decision Based on Strickland

Addressing the construction of immigrants as criminals through specific historical events
Introducing the effects of the Republican Revolution and 9/11 on immigration policy
Analyzing activist, congressional, and judicial responses
"(1) the substance of immigration law and criminal law increasingly overlaps, (2) immigration enforcement has come to resemble criminal law enforcement, and (3) the procedural aspects of prosecuting immigration violations have taken on many of the earmarks of criminal procedures."
Chinese Exclusion Act, Immigration Act of 1917
Immigration Act of 1924
1929 amendments
Immigration Act of 1965
Enforcement
Dept. of Labor to Justice Dept. to Dept. of Homeland Security
Early beginnings of border patrol
Immigration Act of 1952
Role in Operation Wetback and the Bracero Program
Illegal=Mexican
Employer sanctions hurt workers
Mexican=Criminal

What are the advantages of framing immigration through criminality? What are potential consequences of viewing immigration through this framework?

Are there any alternative frameworks (aside from criminality) we can use to construct membership and nonmembership (e.g. family unification, skills, moral turpitude)? What are the implications of that framework?
Substantive overlap
Similarities in enforcement
Immigration v. criminal prosecution
-Compromising is key
-2006
-Amnesty for unauthorized immigrants
-Border enforcements increase
-Could not reach compromise between House and Senate versions of the bill
-2007
-"Grand bargain"
-Changes in family sponsorship
-$4.4 billion for security and enforcements
Beginning in 1990's, US began using detention for immigration enforcement
Immigration Act of 1990. Had 4 goals
Reduce legal immigration
Reduce skilled immigrants
Eliminate 10,000 unskilled workers
Reduce refugee number by 1/2
Also Established the US Commission on Immigration Reform (Jordan Commission)
Massey, Douglas S., and Karen A. Pren. "Unintended Consequences of US Immigration Policy: Explaining the Post-1965 Surge from Latin America." Population and Development Review 38, no. 1 (2012): 1-29.
"Hazleton, PA Anti-Immigrant Law Is Unconstitutional, Federal Appeals Court Rules." American Civil Liberties Union. September 9, 2010. Accessed March 24, 2015. https://www.aclu.org/immigrants-rights/hazleton-pa-anti-immigrant-law-unconstitutional-federal-appeals-court-rules.
"#355: 06-17-03 JUSTICE DEPARTMENT ISSUES POLICY GUIDANCE TO BAN RACIAL PROFILING." #355: 06-17-03 JUSTICE DEPARTMENT ISSUES POLICY GUIDANCE TO BAN RACIAL PROFILING. June 17, 2003. Accessed March 24, 2015. http://www.justice.gov/archive/opa/pr/2003/June/03_crt_355.htm.
Why Detention?
1. Ensure attendance at proceedings
2. Something to do with the "dangerous"
3. Deter entrance into US
4. Often seen as "quick fix" to broken system
Menjivar, Cecilia, and Leisy Abrego. "Legal Violence: Immigration Law and the Lives of Central American Immigrants." American Journal of Sociology 117, no. 5 (2012): 1380-421.
Anti-Terrorism and Effective Death Penalty Act (AEDPA)
and
Illegal Immigrant Reform and Immigrant Responsibility Act (IIRIRA)
both in 1996
1996 cont.
Also, Expedited Removal - allowing deportation without a hearing & with mandatory detention
Started at border, expanded to 100 miles from border in 2004
In 2006, expanded again to include 100mi borders AND coastal areas
"ARIZONA V. UNITED STATES." Legal Information Institute. June 25, 2012. Accessed March 24, 2015. https://www.law.cornell.edu/supremecourt/text/11-182.
Flores, Lisa A. "Constructing Rhetorical Borders: Peons, Illegal Aliens, and Competing Narratives of Immigration." Critical Studies in Media Communications 20, no. 4 (December 2003): 362-87. Accessed February 27, 2015.

Immigration Policy Center at American Immigration Council. "Aggravated Felonies: An Overview." 2013. Accessed February 20, 2015. http://www.immigrationpolicy.org/just-facts/aggravated-felonies-overview.

Khimm, Suzy. "Obama wants judges to decide whether immigrants convicted of minor crimes should be deported."Washington Post, February 20, 2013. http://www.washingtonpost.com/blogs/wonkblog/wp/2013/02/20/obamas-plan-judges-leeway-deportation/. PRE
Gerken, Christina. Model Immigrants and Undesirable Aliens. Minneapolis: University of Minnesota Press, 2013. Project MUSE. Accessed February 15, 2015.

Newton, Lina. Illegal, Alien, or Immigrant: The Politics of Immigration Reform. New York: New York University Press, 2008.

Yeh, Rick Fang-Chi. "Today's Immigration Legal System: Flaw and Possible Reforms." Rutgers Race and Law Review 10, no. 2 (2009): 441-67. ProQuest. Accessed February 19, 2015.
Aranda, Elizabeth, Cecilia Menjivar, and Katharine M. Donato. "The Spillover Consequences of an Enforcement-First U.S. Immigration Regime." American Behavioral Scientist 58, no. 13 (2014): 1687-95. ProQuest (10.1177/0002764214537264). Accessed February 21, 2015.

Burkhardt, Susan. "The Contours of Conformity: Behavioral Decision Theory and the Pitfalls of the 2002 Reforms of Immigration Procedures." Georgetown Immigration Law Journal 19, no. 1 (2004): 35-95. Accessed February 20, 2015.

Donato, Katharine M., and Amada Armenta. “What We Know About Unauthorized Migration.” Annual Review of Sociology 37, no. 1 (2011): 529-43. Accessed February 17, 2015.
"Immigration Rights and Immigration Enforcement." Harvard Law Review 126, no. 6 (April 2013): 1583-91. LegalTrac (GALEA331081672). Accessed February 21, 2015.

McDonald, William F. "US Immigration Reform: From G.W. Bush to B.H. Obama." People and Place 18, no. 3 (2010): 1-13. Accessed February 19, 2015.

Nevins, Joseph. "Security First: The Obama Administration and Immigration 'Reform'." NACLA Report on the Americas 43, no. 1 (January 2010): 32-38. ProQuest (GALEA217638593). Accessed February 21, 2015.

Orchowski, Peggy. "Immigration: An Election Issue in '08." The Hispanic Outlook in Higher Education 19, no. 7 (January 5, 2009): 20-21. ProQuest (219312700). Accessed February 20, 2015.

Continued 'Enforcement First'
Gabriel, an immigrant from Colombia
Immigrants as terrorists
Legal Scholars on Post 9/11 Immigration
Immigration Fraud
Comprehensive Immigration Reform Act
(CIRA) 2006/7
Dowling, Julie A., and Jonathan X. Inda. Governing Immigration Through Crime. Stanford: Stanford University Press, 2013.
Hesson, Ted. "Five Ways Immigration System Changed After 9/11." ABC News. September 10, 2012. Accessed March 24, 2015.

Laque, Erick C. "Immigration Law and Policy: Before and After September 11, 2001." Social Sciences Journal 10, no. 1 (2011).
Dowling, Julie A., and Jonathan X. Inda. Governing Immigration Through Crime. Stanford: Stanford University Press, 2013.
Dowling, Julie A., and Jonathan X. Inda. Governing Immigration Through Crime. Stanford: Stanford University Press, 2013.
Ahlers, Mike. "TSA: Enhanced Screening for People Flying to U.S. from Certain Nations." CNN. January 3, 2010. Accessed March 24, 2015.

Kayyali, Randa A. "The People Perceived as a Threat to Security: Arab Americans Since September 11." Migration Policy Institute. July 1, 2006. Accessed March 24, 2015.

Wingfield, Marvin. "The Impact of 9/11, Middle East Conflicts, and Anti-Arab Discrimination." In Daily Life of Arab-Americans in the 21st Century. Arab American National Museum, 2012.
Dowling, Julie A., and Jonathan X. Inda. Governing Immigration Through Crime. Stanford: Stanford University Press, 2013.
Furman, Rich, Alissa R. Ackerman, Melody Loya, Susanna Jones, and Nalini Negi. "The Criminalization of Immigration: Value Conflicts for the Social Work Profession." Journal of Sociology & Social Welfare 39, no. 1 (2012).

Menjívar, Cecilia, and Leisy J. Abrego. "Legal Violence: Immigration Law and the Lives of Central American Immigrants." American Journal of Sociology 117, no. 5 (2012): 1380-421.
Alsultany, Evelyn. "Stereotyping the "Enemy": Changing Arab and Muslim Portrayals Post 9/11." YouTube.com. September 8, 2011. Accessed March 24, 2015.

Massey, Douglas S., and Karen A. Pren. "Unintended Consequences of US Immigration Policy: Explaining the Post-1965 Surge from Latin America." Population and Development Review 38, no. 1 (2012).
Pope, Paul James, and Terence M. Garrett. "America’s Homo Sacer: Examining U.S. Deportation Hearings and the Criminalization of Illegal Immigration." 2012.
Menjivar, Cecilia, and Leisy Abrego. "Legal Violence: Immigration Law and the Lives of Central Americans." American Journal of Sociology 117, no. 5 (March 2012): 1380-421.
Warner, Judith. "The Social Construction of the Criminal Alien in Immigration Law, Enforcement Practice and Statistical Enumeration: Consequences for Immigrant Stereotyping." Journal of Social and Ecological Boundaries 1, no. 2 (2005-2006): 56-80.
Figure 1: accessed from http://www.huffingtonpost.com/jeff-biggers/president-obama-and-the-u_b_591480.html on March 24, 2015
Figure 2: accessed from http://obrag.org/?p=81204 on March 24, 2015
Allentown Law Firm. "The Crimmigration Crisis: Unringing the Bell." Web log post. Santos Law Group, PC. LexisNexis, n.d. Web. 24 Mar. 2015.
Unknown. "The Chinese Question Again." Crafting the Oregon Constitution. N.p., n.d. Web. 25 Mar. 2015.
Leal, David L. "Stalemate: United States immigration reform efforts, 2005 to 2007." People and Place 17.3 (2009): 1+. Academic OneFile. Web. 24 Mar. 2015.
Lee, Stephen. "Citizen Standing and Immigration Reform: Commentary and Criticisms." California Law Review 93.5 (2005): 1479-508. California Law Review, Inc. Web. 20 Mar. 2015.
"THE HISTORY OF IMMIGRATION
DETENTION IN THE U.S."
Detention Watch Network. January 1, 2007.
Accessed March 2, 2015.
"THE HISTORY OF IMMIGRATION
DETENTION IN THE U.S."
Detention Watch Network. January 1, 2007.
Accessed March 2, 2015.
"THE HISTORY OF IMMIGRATION DETENTION IN THE U.S."
Detention Watch Network.
January 1, 2007. Accessed March 2, 2015.
"THE HISTORY OF IMMIGRATION
DETENTION IN THE U.S."
Detention Watch Network. January 1, 2007.
Accessed March 2, 2015.
LeMay, Michael. "U.S. Immigration Policy:
Restoring Credibility U.S. Commission on
Immigration Reform." Journal of American Ethnic History 15, no. 4 (1996): 60-61. Accessed March 2, 2015.

Wilson, H.W. "Legislative Background:
Recent Action on Immigration Reform."
Congressional Digest, May 1, 1996.
Accessed March 2, 2015.1996): 60-61.
Accessed March 2, 2015.
Full transcript