Abstract

http://ssrn.com/abstract=2033436
 


 



Who Belongs?: Immigration Outside the Law and the Idea of Americans in Waiting


Hiroshi Motomura


University of California, Los Angeles - School of Law

April 2, 2012

2 UC Irvine Law Review 359-79 (2012)
UCLA School of Law Research Paper No. 12-09

Abstract:     
This essay addresses a central question in immigration law and policy: when immigrants are unlawfully present in the United States, how if at all might they make persuasive claims to legalization or some other recognition in the form of immigration law status? Part I sets out an analytical framework that shows how viewing immigrants — including unauthorized migrants — as Americans in waiting is essential to reconciling a central tension in immigration and citizenship law generally. This is the tension between national borders and a sense of justice that is defined largely by a national commitment to equality. Part II analyzes how, in the historical context of U.S. immigration and citizenship laws, immigrants have — or have not — been treated as Americans in waiting whose integration should be fostered. Part III suggests ways to think about possible claims by unauthorized migrants to lawful immigration status and eventually to U.S. citizenship. The conclusion sets out a brief agenda for further thought.

Number of Pages in PDF File: 22

Keywords: immigration law, immigration policy, immigration enforcement, immigration federalism, citizenship, immigration legalization, national borders, justice in immigration, nation–state

Accepted Paper Series





Download This Paper

Date posted: April 2, 2012 ; Last revised: May 17, 2012

Suggested Citation

Motomura, Hiroshi, Who Belongs?: Immigration Outside the Law and the Idea of Americans in Waiting (April 2, 2012). 2 UC Irvine Law Review 359-79 (2012); UCLA School of Law Research Paper No. 12-09. Available at SSRN: http://ssrn.com/abstract=2033436

Contact Information

Hiroshi Motomura (Contact Author)
University of California, Los Angeles - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-206-5676 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 910
Downloads: 219
Download Rank: 81,365

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.250 seconds