“Incisive and compelling, reflecting the painful wisdom and knowledge that Bill Ong Hing has accrued over the course of fifty years..." --Michelle Alexander, author of The New Jim Crow First book to argue that immigrant and refugee rights are part of the fight for racial justice; offers a humanitarian approach to reform and abolition. Representing non-citizens caught up in what he calls the immigration and enforcement “meat grinder”, Bill Ong Hing witnessed their trauma, arriving at this conclusion: migrants should have the right to free movement across borders—and the right to live free of harassment over immigration status. He cites examples of racial injustices endemic in immigration law and enforcement, from historic courtroom cases to the recent treatment of Haitian migrants. Hing includes histories of Mexican immigration, African migration and the Asian exclusion era, all of which reveal ICE abuse and a history of often forgotten racist immigration laws. While ultimately arguing for the abolishment of ICE, Hing advocates for change now. With fifty years of law practice and litigation, Hing has represented non-citizens -- from gang members to asylum seekers fleeing violence, and from individuals in ICE detention to families at the US southern border seeking refuge. Hing maps out major reforms to the immigration system, making an urgent call for the adoption of a radical, racial justice lens. Readers will understand the root causes of migration and our country’s culpability in contributing to those causes.
In the past three decades, images of undocumented immigrants pouring across the southern border have driven the immigration debate and policies have been implemented in response to those images. The Oklahoma City bombings and the tragic events of September 11, both of questionable relevance to immigration policy have provided further impetus to implement strategies that are anti-immigration in design and effect. This book discusses the major immigration policy areas - undocumented workers, the immigration selection system, deportation of aggravated felons, national security and immigration policy, and the integration of new Americans - and the author suggests his own proposals on how to address the policy challenges from a perspective that encourages us to consider the moral consequences of our decisions. The author also reviews some of the policies that have been put forth and ignored and suggests new policies that would be good for the country economically and socially.
From the earliest days of nationhood, the United States has determined who might enter the country and who might be naturalized. In this sweeping review of US immigration policies, Bill Ong Hing points to the racial, ethnic, and social struggles over who should be welcomed into the community of citizens. He shows how shifting visions of America have shaped policies governing asylum, exclusion, amnesty, and border policing. Written for a broad audience, Defining America Through Immigration Policy sets the continuing debates about immigration in the context of what value we as a people have assigned to cultural pluralism in various eras. Hing examines the competing visions of America reflected in immigration debates over the last 225 years. For instance, he compares the rationales and regulations that limited immigration of southern and eastern Europeans to those that excluded Asians in the nineteenth century. He offers a detailed history of the policies and enforcement procedures put in place to limit migration from Mexico, and indicts current border control measures as immoral. He probes into little discussed issues such as the exclusion of gays and lesbians and the impact of political considerations on the availability of amnesty and asylum to various groups of migrants. Hing's spirited discussion and sophisticated analysis will appeal to readers in a wide spectrum of academic disciplines as well as those general readers interested in America's on-going attempts to make one of many.
In his topical new book, Ethical Borders, Bill Ong Hing asks, why do undocumented immigrants from Mexico continue to enter the United States and, what would discourage this surreptitious traffic? An expert on immigration law and policy, Hing examines the relationship between NAFTA, globalization, and undocumented migration, and he considers the policy options for controlling immigration. He develops an ethical rationale for opening up the U.S./Mexican border, as well as improving conditions in Mexico so that its citizens would have little incentive to migrate. In Ethical Borders Hing insists that reforming NAFTA is vital to ameliorating much of the poverty that drives undocumented immigration and he points to the European Union's immigration and economic development policies as a model for North America. Hing considers the world-wide economic crisis and the social problems that attend labor migration into homogenous countries, arguing for a spectrum of changes, including stricter border enforcement and more effective barriers; a path to citizenship for undocumented migrants; or a guest worker program. Hing also situates NAFTA and its effects in the larger, and rapidly shifting, context of globalization—particularly the recent rise of China as the world's economic giant. Showing how NAFTA’s unforeseen consequences have been detrimental to Mexico, Hing passionately argues that the United States is ethically bound to address the problems in a way that puts prosperity within the grasp of all North Americans.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. This innovative casebook approaches immigration law and policy from a public interest perspective with a special emphasis on issues of social justice. Along with cases and statutory material, Immigration Law and Social Justice employs a variety of materials from appellate cases, client examples, article excerpts, and hypotheticals. These materials not only provide the basic framework for immigration law, but also engage students with the greater social, political, and economic context necessary to understand the movement of immigrants to the United States, as well as the human impact of immigration law enforcement and administration. Through examples, notes and questions that raise the social, racial, and political questions of admission and enforcement, as well as discussion of public interest lawyers’ strategies, this casebook advances students’ understanding of the creative approaches used in the field. Ultimately, this book encourages students to think broadly about relevant social, economic, and political forces. New to the Second Edition: Supreme Court decisions on expedited removal and DACA Analysis of the Trump administration approaches to relief from removal, judicial review, and the rights of noncitizens Major Supreme Court decisions, including Trump v. Hawaii (Muslim ban) and Dimaya v. Sessions (2018) (aggravated felonies) Administrative decisions such as Matter of A-C-M- (material support bar), Matter of A-B- (domestic violence and particular social group) Developments in how immigration courts define convictions Additional/updated material on: History of U.S. immigration laws Race-conscious lawyering; racial justice and immigrant rights New ICE enforcement guidance under the Biden administration; U.S. v. California (upholding California’s sanctuary policies) Citizenship for orphans; renunciation of citizenship Public charge grounds and Title 42 COVID exclusions; I-601A waiver; firearms offenses; crimes involving moral turpitude Restrictions on bond hearings imposed by the Trump administration; monitoring of children’s detention centers under Flores settlement; Zepeda Rivas v. Jennings (requirements on ICE detention facilities in light of COVID-19) Border wall and related litigation; Operation Streamline; worksite enforcement; state and local cooperation Pereira v. Sessions and Niz-Chavez v. Garland (defective Notice to Appear and eligibility for cancellation of removal); cancellation of removal Examination of right to counsel for minors and for non-detained respondents with mental challenges; ineffective assistance of counsel; restrictions imposed by Trump administration on immigration court continuances; problems with distance videoconference hearings New refugee numbers under the Biden administration; past persecution; membership in particular social groups Professors and student will benefit from: Deep background on the social context of immigration law and its enforcement in the context of a sophisticated examination of the technicalities of relevant statutory and administrative law Materials encouraging students to learn relevant law with an eye toward potential advocacy, including litigation strategies, and which challenge students to evaluate critically the mutually constitutive work of race and immigration law Contextual background to understand immigration and immigration enforcement Unique focus on immigration and social justice, as well as public interest immigration lawyering Focus on issues of contemporary relevance, highlighting some of the most contentious areas of immigration law and policy Materials designed to facilitate student understanding of the letter of immigration law, and to encourage students to think creatively about possible reform Integrated critical materials exploring the role of race, class, religion, gender, and disability in immigration law and policy Problems designed to encourage active learning and application of law
The impetus behind California's Proposition 187 clearly reflects the growing anti-immigrant sentiment in this country. Many Americans regard today's new immigrants as not truly American, as somehow less committed to the ideals on which the country was founded. In clear, precise terms, Bill Ong Hing considers immigration in the context of the global economy, a sluggish national economy, and the hard facts about downsizing. Importantly, he also confronts the emphatic claims of immigrant supporters that immigrants do assimilate, take jobs that native workers don't want, and contribute more to the tax coffers than they take out of the system. A major contribution of Hing's book is its emphasis on such often-overlooked issues as the competition between immigrants and African Americans, inter-group tension, and ethnic separatism, issues constantly brushed aside both by immigrant rights groups and the anti-immigrant right. Drawing on Hing's work as a lawyer deeply involved in the day-to-day life of his immigrant clients, To Be An American is a unique blend of substantive analysis, policy, and personal experience.
In 1882, Congress enacted immigration legislation excluding "idiots," "lunatics," and "Chinese laborers." Eventually, a series of laws restricted the entry of every Asian group, though over a period of decades these laws were repealed one by one. The most dramatic change in immigration law came in 1965. Though designed to encourage European immigration, the unintended result of changes in the selection system was that the Asian immigrant population jumped from one million in 1965 to seven million in 1990. This is the first comprehensive study of how U.S. immigration policies have shaped - demographically, economically, and socially - the six largest Asian American communities: Chinese, Filipino, Japanese, Korean, Vietnamese, and Asian Indian. For each group, the book offers detailed information, much of it previously unknown or too scattered to be useful, on gender ratios, age distributions, foreign- versus American-born ratios, geographic settlement, employment profiles, income, and poverty. The author also focuses on the impact immigration policies have had on three important areas of Asian American life experience - educational performance, political participation, and self-identity. He simply questions the validity of the images of Asian Americans as academic "whiz kids," their communities as relatively lacking in strong political interests, and the presence of a unified Asian American identity. Throughout, the author counters the frequent lumping together of Asian Americans by demonstrating their tremendous diversity of background, history, motivation, and achievement. As their numbers have grown, the visibility of Asian Americans has prompted policymakers, scholars, journalists, community organizers, activists, and, of course, restrictionists to take Asian Americans more seriously. At the same time, they have sometimes become the target of racist hostility, which is occasionally physical but more often sociopolitical and economic, such as the recent concerns over the disproportionate number of Asian Americans admitted to prestigious colleges and universities. Serious gaps in fundamental information about Asian America persist, leading to serious distortions. This pioneering work of research and analysis is intended as a step toward a better understanding of relationships and experiences that few have bothered to study.
This single-volume practice book covers the current laws, procedures, and strategy needed for practicing in the field of immigration law. Many detailed forms are included in the appendices.
This manual provides a thorough, but straightforward, discussion of the employment verification rules, procedures, ramifications and related topics that will clarify the entire process for documenting employee eligibility under the Immigration Reform and Control Act of 1986 (IRCA). Examples and advice on what approach to take in various situations are included. The appendix contains samples of the most common documents with which hiring managers need to be familiar, and common application forms. The manual provides answers to most substantive and procedural issues that will arise, ensuring employers are in compliance with IRCA requirements and, thereby, avoiding the possible imposition of substantial fines.
From the earliest days of nationhood, the United States has determined who might enter the country and who might be naturalized. In this sweeping review of US immigration policies, Bill Ong Hing points to the racial, ethnic, and social struggles over who should be welcomed into the community of citizens. He shows how shifting visions of America have shaped policies governing asylum, exclusion, amnesty, and border policing. Written for a broad audience, Defining America Through Immigration Policy sets the continuing debates about immigration in the context of what value we as a people have assigned to cultural pluralism in various eras. Hing examines the competing visions of America reflected in immigration debates over the last 225 years. For instance, he compares the rationales and regulations that limited immigration of southern and eastern Europeans to those that excluded Asians in the nineteenth century. He offers a detailed history of the policies and enforcement procedures put in place to limit migration from Mexico, and indicts current border control measures as immoral. He probes into little discussed issues such as the exclusion of gays and lesbians and the impact of political considerations on the availability of amnesty and asylum to various groups of migrants. Hing's spirited discussion and sophisticated analysis will appeal to readers in a wide spectrum of academic disciplines as well as those general readers interested in America's on-going attempts to make one of many.
This manual provides a thorough, but straightforward, discussion of the employment verification rules, procedures, ramifications and related topics that will clarify the entire process for documenting employee eligibility under the Immigration Reform and Control Act of 1986 (IRCA). Examples and advice on what approach to take in various situations are included. The appendix contains samples of the most common documents with which hiring managers need to be familiar, and common application forms. The manual provides answers to most substantive and procedural issues that will arise, ensuring employers are in compliance with IRCA requirements and, thereby, avoiding the possible imposition of substantial fines.
“Incisive and compelling, reflecting the painful wisdom and knowledge that Bill Ong Hing has accrued over the course of fifty years . . . ”—Michelle Alexander, author of The New Jim Crow First book to argue that immigrant and refugee rights are part of the fight for racial justice; offers a humanitarian approach to reform and abolition Representing non-citizens caught up in what he calls the immigration and enforcement “meat grinder”, Bill Ong Hing witnessed their trauma, arriving at this conclusion: migrants should have the right to free movement across borders—and the right to live free of harassment over immigration status. He cites examples of racial injustices endemic in immigration law and enforcement, from historic courtroom cases to the recent treatment of Haitian migrants. Hing includes histories of Mexican immigration, African migration and the Asian exclusion era, all of which reveal ICE abuse and a history of often forgotten racist immigration laws. While ultimately arguing for the abolishment of ICE, Hing advocates for change now. With 50 years of law practice and litigation, Hing has represented non-citizens—from gang members to asylum seekers fleeing violence, and from individuals in ICE detention to families at the US southern border seeking refuge. Hing maps out major reforms to the immigration system, making an urgent call for the adoption of a radical, racial justice lens. Readers will understand the root causes of migration and our country’s culpability in contributing to those causes.
The impetus behind California's Proposition 187 clearly reflects the growing anti-immigrant sentiment in this country. Many Americans regard today's new immigrants as not truly American, as somehow less committed to the ideals on which the country was founded. In clear, precise terms, Bill Ong Hing considers immigration in the context of the global economy, a sluggish national economy, and the hard facts about downsizing. Importantly, he also confronts the emphatic claims of immigrant supporters that immigrants do assimilate, take jobs that native workers don't want, and contribute more to the tax coffers than they take out of the system. A major contribution of Hing's book is its emphasis on such often-overlooked issues as the competition between immigrants and African Americans, inter-group tension, and ethnic separatism, issues constantly brushed aside both by immigrant rights groups and the anti-immigrant right. Drawing on Hing's work as a lawyer deeply involved in the day-to-day life of his immigrant clients, To Be An American is a unique blend of substantive analysis, policy, and personal experience.
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