Undocumented : How Immigration Became Illegal (9780807001684) (36 page)

countries, assumptions about, 206

“coyotes,” 20–21, 57, 63–64, 68, 73, 81

critical legal studies, 24–25

cultural changes and immigration law, 2, 206–7

“culture of migration,” 56

A Day without a Mexican
(film), 150

deaths of migrants, 3, 79, 83–85

Deferred Action for Childhood Arrivals (DACA), 90, 94, 153, 174–79, 204

De Genova, Nicholas, 19, 39, 116, 183

Democracy Corps, 199–200, 202

Democratic Party, 188, 193, 199–203.
See also
Obama, Barack

Department of Homeland Security (DHS), 100, 155, 178–79, 193–94

deportation: and Bracero Program, 57; of criminals vs. non-criminals, 106–7, 200, 204; deportee testimonies, 3–6; as disproportionally affecting Mexicans, 88; economic impact of, 149–50; effects on communities, 140, 150; for entry without inspection, 45, 53–55; of Europeans, 34; ICE quotas for, 106–7; of indigent immigrants, 42, 53, 59; and INS raids, 134–36; legal process of, 6–8, 103–6; of parents of citizen children, 158–62; racial justifications for, 183; statutes of limitations on, 45; traffic stops leading to, 97; of US citizens, 58; vs. voluntary departure and removal, 99–100, 104.
See also
immigration court system; reentry after removal; voluntary departure and removal

Detention and Removal Operations (DRO) of ICE, 106–7

detention for immigration violations, 99, 102, 103–6, 106–7, 108–12, 154–58, 158–62.
See also
incarceration; prison system

DHS.
See
Department of Homeland Security

Diamond, Jared, 28

Dillingham US Immigration Commission (1911), 183

discrimination, legalized, 15–18, 35–36, 154, 177, 184, 206

Division of Unaccompanied Children’s Services (DUCS), 155, 161

“documented illegal aliens,” 62

documenting an undocumented life, 178

documents.
See
fraudulent documents;
specific types of documents (e.g., visas)

domestic workers, 144–47

Dominican immigrants, 78

DREAM (Development, Relief and Education for Alien Minors) Act, 167–71, 168, 169, 172–74, 176, 180.
See also
children; undocumented youth

DREAMers, defined, 168

Dred Scott
decision (1857), 33

driver’s licenses, 95–98, 163–64

Drop-the-I-Word campaign, 206–7

drug wars, 105, 109

dual labor market, 9–12, 38–39, 55

Durbin, Dick, 176

education, public, 92, 163, 166–67, 174

Eisenhower administration, 58–59

Ellis Island, 42

El Norte
(film), 112

El Salvador.
See
Salvadoran immigrants

employers: exploitation of immigrant workers, 54–55, 57, 62, 74–75, 116, 121–22, 191; reliance on Farm Labor Contractors, 123–24; sanctions for hiring undocumented workers, 12–13, 62, 115–16, 132, 189–91

enforcement of immigration laws: abandoning enforcement policies, 204–5; as component of comprehensive reform, 188, 189–90, 195–96, 200, 202; effects on agriculture and industry, 125–26; during Great Depression, 53; in interior of US, 100, 105, 107; under Obama administration, 117; workplace raids, 116–17, 135–40, 150.
See also
border enforcement policies

England, ideas about religion/race in, 31

entry without inspection, 43, 45, 53–54, 71–73, 203–4

Equal Protection Clause, 163

European countries, 24–29, 31, 72

European immigrants, 10, 33–35, 44, 45–46

E-Verify program, 93, 117, 140–41, 202–3

excludable classes of immigrants and citizens, 16–17, 31, 33–37, 42, 45

exploitation of immigrant workers, 54–55, 57, 62, 116, 121–22, 191.
See also
kidnapping of migrants

families: children’s loss of deported parents, 158–62; deportation effects upon, 5–6; family preferences in immigration law, 12, 165, 185; mixed immigration status in, 21, 91; undocumented parents as guilty of bringing children to US, 175–76; youth advocacy for, 177.
See also
children

Farm Labor Contractors (FLCs), 123–24

Farm Labor Organizing Committee (FLOC), 75–76

farmworkers.
See
agriculture; migrant workers and US agricultural system

farmworkers movement, 12–13, 60, 124–25, 188

felony immigration violations.
See
civil vs. criminal immigration violations

financial aid (higher education), 167–68

Flores v. Meese
(1997), 154–55

focus groups on immigration, 198–203

foreign-born population (US), 48–49

Fourteenth Amendment (US Constitution), 10, 35, 163

Foxen, Patricia, 67–69

Framingham, Massachusetts, 98

France, Anatole, 24

fraudulent documents, 61–62, 63–64, 69–70, 74–76, 93–94, 95–96, 164–65

“free citizenship” concept, 34

freedom to travel, 26–29, 33–34, 36–37, 40–41, 206

Gabaccia, Donna, 46–47

Gadsden Purchase (1853), 49, 182

GEO Group, 109

Georges, Eugenia, 78

Georgia, 97, 112, 126–27

“global apartheid,” 36–37, 41

globalization, 2, 186

González, Gilbert, 55

Gonzalez, Roberto, 165

Grapes of Wrath
(Steinbeck), 124

Great Depression, 53, 55, 59, 124

green cards.
See
legal permanent residents

Guatemala-Mexico border, 79

Guatemalan immigrants: case histories, 160–61; exclusion from Temporary Protected Status, 89; labor recruitment in, 76, 123–24; migration traditions, 64–67; misunderstanding of their own immigration status, 67–70; in Postville raid, 137; statistics, 48

guest workers: agricultural demand for, 127; Bracero Program, 11, 55–59, 63, 121–22, 135; H-2 Program, 60, 73

Guthrie, Woody, 113, 128

Haitian immigrants, 90

harboring undocumented immigrants, 114–15

health care, 85, 92, 137, 178

higher education, 41, 167–68, 179, 207

Hing, Julianne, 180

Hispanics.
See
Latinos

Hondagneu-Sotelo, Pierrette, 144–45

Honduran immigrants, 48

housing bubble, 131

human trafficking, 80, 156

Hurricane Katrina, 132

I-94 forms, 72, 96

identity theft, 93–94, 136, 138

Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA, 1996), 140, 167

illegality: under 1891 Immigration Act, 42; under 1924 Immigration Act, 45; under 1965 Immigration and Nationality Act, 60; anti-“illegal” rhetoric, 17–18, 46–47, 192–94, 206–8; challenges to the concept of, 22, 169, 174, 206–7; and inequality, 14; as a legal/social construction, 1–2, 20, 23–24, 208; as means of exploiting workers, 19, 39, 177; prison industry as benefitting from, 101; as scapegoat for social problems, 102, 125; “transition to illegality,” 165–66.
See also
undocumented immigrants

immigrant rights: and comprehensive immigration reform, 196, 201–3; framing as racial discrimination, 115–16; as human rights, 22; organizations supporting, 190, 202; protests for, 171, 196–98; undocumented youth advocacy for, 41, 168–73, 177

immigrants.
See
immigration status; migrant workers; undocumented immigrants

immigrants, defined, 43

immigrants vs. workers distinction, 10

Immigrant Workers Freedom Ride, 197–98

Immigration Act (1891), 42

Immigration Act (1903), 42

Immigration Act (1924), 10, 34–35, 44, 45, 54

Immigration Act (IMMACT; 1990), 89

Immigration and Customs Enforcement (ICE): budget growth, 102; deportation cases and DACA, 178; deportation guidelines, 159–61; detention of children and youth, 155–57; fraudulent marriages, 94–95; inspection of immigrants, 71; interior enforcement of immigration law, 100–101; prosecutorial discretion of, 159, 173, 203–4; quotas for removals, 106–7; Secure Communities program, 97–98, 107, 202–3; workplace raids and audits, 116–17.
See also
earlier
Immigration and Naturalization Service (INS)

Immigration and Nationality Act (1965), 59–60, 184–85

Immigration and Naturalization Service (INS): application backlogs, 89; detention of children and youth, 154–55; Operation Vanguard, 134; refugee and asylum policies, 189; workplace raids, 134–40.
See also
later
Immigration and Customs Enforcement (ICE)

immigration court system, 6–8, 99, 102–3, 107, 138–39, 161–62

immigration “crisis,” 194

immigration documents.
See
fraudulent documents;
specific types of documents (e.g., visas)

immigration law and policy: Arizona S.B. 1070, 110–12; children and youth, 156; comprehensive immigration legislation, 196; as criminalizing people of color and African Americans, 15–18, 109; criminal vs. civil violations, 98–100; elimination of “illegality” from, 22, 204–5; exceptions for Mexican workers, 10–11; family preferences, 12, 165, 185; illegality in post-1965 laws, 1–2; on immigration from the Philippines, 164–65; inequality as enshrined in, 24–25, 85–86; as legitimizing abuses against migrants, 82; as prohibiting regularization of immigration status, 41; race and, 33, 107.
See also
enforcement of immigration laws;
specific laws

immigration raids.
See
workplace raids

Immigration Reform and Control Act (IRCA; 1986): employer sanctions in, 13; failures of, 189–92; legalization provisions, 61–62, 88; path to citizenship in, 43; prohibition on hiring undocumented workers, 114; provisions for agricultural labor, 122–23

immigration reform proposals (present day), 21–22, 195–96, 204–5.
See also
comprehensive immigration reform

immigration status: and access to social services, 91–93; as an internal border within US, 176–77; of children and youth, 153, 174–79; methods of attaining legal permanent residence, 46; and registry for noncitizens, 43; temporary statuses, 88–89; undocumented immigrants’ confusion about, 68–69; US laws prohibiting regularization of, 41.
See also
legalization of immigration status; legal permanent residents; undocumented immigrants

incarceration, 15–18, 104–5.
See also
detention for immigration violations; prison system

independent contractors, 131–32, 147–48

indigenous people, 7, 30, 48, 63, 64–70, 123, 188

Individual Taxpayer ID Numbers (ITINs), 91

inequality: global, 2, 36–37; “illegal” immigration as perpetuating, 14, 19, 151, 206; as root of immigration to US, 187; as structural to agricultural system, 120–21; in United States, 145

in-sourcing of jobs, 13–14, 118–19, 152

“intending citizenship” concept, 33–34

“internal border,” 176–77

Internal Revenue Service (IRS), 94

Ireland, 31

Irwin (GA) Detention Center, 112

Jalisco, Mexico, 52–54, 56, 62–63

Jews in Spain, 29–30

Jim Crow system, 2, 14–18, 27, 38.
See also
slavery

jobs: types of jobs undesirable to Americans, 121, 124–25, 127, 143; of undocumented workers, 117–20

Kansas, 126

Kanstroom, Daniel, 57, 58

Kerik, Bernard, 144

kidnapping of migrants, 79–82

labor markets: dual labor market, 9–12, 38–39, 55; effects of reducing undocumented immigration upon, 125; impact of INS/ICE raids upon, 134–36, 140; labor shortages, 55, 126–27, 143

labor recruitment and contracting: for authorized workers, 136, 139; Bracero Program, 11, 55–59, 63, 121–22, 135; forced recruitment of Guatemalan Mayans, 64–66, 68; in H-2 program, 74–76; under IRCA, 123–24; in Mexico, 52–53

labor unions: AFL-CIO, 13, 15, 191, 197–98; Farm Labor Organizing Committee, 75–76; in-sourcing and avoidance of, 133–34; stance on immigration policies, 12–13, 197–98; United Farm Workers, 12–13, 124–25, 188

LaBotz, Dan, 76

La Mesilla Purchase (1853), 49, 182

landscaping industry, 141–45

Latin America, US policies in, 186–87

Latinos: and criminalization of immigration violations, 105; increase in population of, 47–48; mass incarceration of, 15–18; as Secure Communities detainees, 107; undocumented as percentage of, 153; views of employer sanctions, 15–16; as voting bloc, 153, 174, 198, 202.
See also
Central American immigrants; Mexican immigrants and immigration

“Latino threat narrative,” 101–2

law enforcement.
See
local law enforcement

“lawfully present” immigrants, 91, 179

Leadership Council on Civil Rights, 115–16

legalization of immigration status: DACA, 90; economic impact of, 149–50; Immigration and Nationality Act (1965), 59–60; industry calls for, 143; IRCA, 61–62, 88, 122–23, 189–92; NACARA, 89; and upward mobility, 127; via reentry through Canada, 46; vs. citizenship, 173.
See also
fraudulent documents;
specific immigration statuses

legal permanent residents: deportation of, 18, 60, 105, 185; entry through Canada, 46; exclusion from services, 91; fraudulent green cards, 164; origin of status, 59

literacy requirements, 43, 53

local law enforcement, 84, 97–98, 110, 195

Los Angeles, California, 144–46

Lovell, George, 65, 68

LULAC (League of United Latin American Citizens), 188, 195

Lutz, Christopher, 65, 68

Management and Training Corporation (MTC), 109

Manifest Destiny, 27

marches for immigrant rights, 171, 196–98

Margolis, Maxine, 78

marrying for documents, 94–95

Martin, Philip, 62, 123, 127

Martínez, Alma, 188–89

Martínez, Oscar, 60

Martínez, Samuel, 78

Massachusetts, 179

massacres of migrants, 81

Massey, Douglas, 48, 61

Mayan immigrants.
See
Guatemalan immigrants

McCarran-Walter Act (1952), 114

meatpacking industry, 118–19, 133–40, 152

Menchu, Rigoberta, 65–66

Menendez, Robert, 176

Meng, Grace, 175

Menjívar, Cecilia, 89–90, 153

Mexican American rights organizations, 188–89

Mexican immigrants and immigration: Bracero Program, 55–59; criminalization of, 15–18, 82; defined as non-white, 34–35; discrimination against, 36; pre-1919 ease of entry, 43; employer sanctions and, 191–92; exemptions from immigration laws, 9–10, 53; importance in American labor market, 113–14, 125; increase in number of, 47–48, 184–85; “Mexican wages,” 54–55, 57, 183; migration patterns, 42, 48–52, 56, 62–63, 123–24, 184; railroads and, 50–52; restrictions on citizenship of, 34; sending communities in Mexico, 52–54; tourist visas, 71–72; US economic crisis and decrease in, 77; and visa quota system, 44, 184; voluntary removal of, 99; as “workers” vs. “immigrants,” 11–12, 50, 183