trujilloimmigration01[1] - Immigration Law Fall...

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Immigration Law: Fall 2001 (Trujillo): What’s immigration? Immigration is a long term relationship b/t 2 countries. Immigration is a war powers concern (plenary power). When the national interest is at jeopardy, we’re going to let Cong & adm agents do whatever they want Immigrant: one who lives a country to settle permanently in another to live. 1. Citizenship 1. Citizenship not always ultimate goal of coming to US. 1. Two models of representing membership: 1. Chronological time line (or horizontal): Immigrants begin process usually by receiving visa overseas, entering US, establishing residence and ultimately obtaining citizenship. (visa entry/entry w/o inspection[EWI]–> NIV[nonimmigrant visa holder who comes for period of time & leaves—>LPR [legal perm resident]—> citizen. Rights & opportunities might be seen as accumulating over time as one moves along the process. 2. Concentric circles model: Citizens form innermost membership rings w/categories of non citizens filling in outer rings. Under this representation, membership rts are assigned by category. 1. Trujillo says this model is inaccurate b/c not every NIV wants to be LPR & not every LPR want to be a cz. Coming to US isn’t to share in our polity, but it’s to come & share in our education 2. Manifest Destiny is a theme that reoccurs: Manifest destiny that US told itself during it’s empire days. During the 1848 war on Mex, we swiped 1/3 of their land, in our war w/Spain we got P.R., Cuba, Philippines. People were describing US foreign policy in that time in terms of Manifest Destiny that US is City on a Hill, a divinely chosen country w/a divine mission to make the word safe for democracy & we export a politics. We’d look at countries & get them up to speed so that they could grow into & join our democratic polity (politics & economics, democracy & capitalism). There would be a period of probation. The whole structure of expansion of US followed this model. It would be a territory for a while, we’d check you out & then you’d apply to be a state. Manifest destiny puts polity, nation, land & territory on probationary period, that foreign policy logic can be seen in imm law. Most people embrace the probationary aspect of imm law, but Trujillo says this isn’t accurate b/c that’s not what many people are coming here for. A good chunk of them aren’t coming here for membership. They’re coming here b/c that’s were UW is & want to get a degree, or that’s where their fam is, or want to get a job. 3. Most people talk abt imm law saying that US is a polity & people are attracted to the polity & it’s all abt political membership. What they forget abt is that there’s also fam, education, & employment etc. & while I might be totally alienated as a matter of politics, I might be getting up in the morning b/c of the UW, Microsoft, or b/c of my family. So, the more accurate concentric circles are those abt community &
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This note was uploaded on 04/27/2010 for the course LAW 840 taught by Professor Tim during the Spring '10 term at University of Louisville.

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trujilloimmigration01[1] - Immigration Law Fall...

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