Immigration and American Democracy : Subverting the Rule of Law book cover
1st Edition

Immigration and American Democracy
Subverting the Rule of Law

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ISBN 9780415996181
Published December 14, 2009 by Routledge
226 Pages

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Book Description

While the idea of immigration embodies America’s rhetorical commitment to democracy, recent immigration control policies also showcase abysmal failures in democratic practice. Immigration and American Democracy examines these failures in terms of state sovereignty, neoliberalism, and surveillance-based techniques of social control.

The ideological argument for privatization is not new. But immigration has provided a laboratory for replicating on American soil the sorts of outsourcing travesties that have occurred in America’s war in Iraq. As an outcome, abusive executive powers—many delegated to state and local governments and private actors—are manifested every day in data collection, spying, detention, and deportation hearings, and in many cases bypassing the Constitution. The practice of privatization extends this leviathan immigration state by clamping down on civil liberties without having to oblige the courts.

Ultimately, Koulish examines the contested terrain between democratic and undemocratic forces in the immigration policy domain and concludes with recommendations for how democratic forces might well still win out.

Table of Contents

1. Introduction  2. Framing "Illegal Aliens": Sovereignty, Plenary Powers, and Discretion  3. Criminalizing Immigration  4. Neoliberalism, Surveillance and Immigration Control  5. Privatization of Immigration Control  6. Race, Class and the Border Fence Fiasco  7. The Federalization of Sovereign Control  8. Immigrant Resistance or Immigrant Control?  9. President Obama’s New Emphasis on Immigration Control  10. Conclusion

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Robert Koulish is Associate Professor of Law & Society at Philadelphia University.