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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 that deal with the source of the power to regulate immigration, state and local regulation of immigration, citizenship law, racial discrimination, employment law, access to public education, the rights of criminal defendants, the detention of noncitizens, and more. 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 in this book reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors here demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors here 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.
This analysis presents a theoretical model of firm response to border enforcement and evaluates both the intended and unintended effects under two enforcement regimes: destruction versus treatment of contaminated shipments. The results indicate that importers may respond to increased inspection by reducing shipments and decreasing due care. In response to increased pest populations, firms may reduce shipments and increase due care, indicating that an enforcement response may not be necessary. The analysis reveals the importance of the nature of the due-care technology, as well as the relationships underlying the probability of detection, in determining the effects of enforcement.
This article presents an overview of the Hispanic population of the United States, focusing on the sources of its growth, its internal composition, its connections with the countries of origin, its role in the U.S. economy, and the emerging second generation. Intergenerational differences in outlooks and self-identities and the forces leading to the emergence of a “thick” Hispanic identity in the second generation are examined. The obstacles to successful integration faced by this youthful population and evidence of both “upward” and “downward” assimilation among its members are analyzed. Implications for the field of race and ethnic relations and for public policy toward immigrants and their offspring are discussed.
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