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

2 UC Irvine Law Review 359-79 (2012)

UCLA School of Law Research Paper No. 12-09

22 Pages Posted: 2 Apr 2012 Last revised: 17 May 2012

Hiroshi Motomura

University of California, Los Angeles - School of Law

Date Written: April 2, 2012

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.

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

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: https://ssrn.com/abstract=2033436

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)

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