Designing Populations: Lessons in Power and Population Production from Nineteenth-Century Immigration Law
Juliet P. Stumpf
Lewis & Clark Law School
February 9, 2011
Vanderbilt Law Review En Banc, Vol. 64, p. 29, 2011
Lewis & Clark Law School Legal Studies Research Paper No. 2011-6
This response to Kerry Abrams’ insightful piece, The Hidden Dimension of 19th-Century Immigration Law, applies to modern population design the lessons Abrams excavates from the history of U.S. western migration. It employs Hidden Dimension to bring historical depth to two issues in contemporary immigration law: the integration of noncitizens into U.S. communities, and the role of federal, state, and local government and private individuals in regulating migration. Using nineteenth-century law facilitating white Christian migration as a precedent, this piece explores how the interplay between immigration regulation and mainstream law can be a leading edge in the integration of migrants into incumbent communities. Abrams’ historical tale also sheds light on the modern power of subnational governments and private decisionmakers either to disrupt or to foster the acceptance of new migrants into U.S. communities.
Number of Pages in PDF File: 16
Keywords: Immigration, Integration, Nineteenth Century, Immigration Law History, Mercer, Immigration Federalism, Population DesignAccepted Paper Series
Date posted: February 14, 2011 ; Last revised: April 21, 2011
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