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IMMIGRANT NEG 2.0 DDI ’09- GT 1 IMMIGRANT HEALTH CARE 2.0 So here are a few cards on backlash/plenary power stuff for the immigrant neg. Enjoy. 1
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IMMIGRANT NEG 2.0 DDI ’09- GT 2 IMMIGRANT HEALTH CARE Racism is deeply engrained within US society- ensures backlash against immigrants Kevin R. Johnson , Professor of Law, University of California at Davis. A.B., University of California at Berkeley; J.D., Harvard University, 19 98, “Race, the Immigration Laws, and Domestic Race Relations: A "Magic Mirror" into the Heart of Darkness” http://www.law.indiana.edu/ilj/volumes/v73/no4/02.html#N_2_ In the face of persistent, often virulent attacks in the popular press , (4) as well as academia , (5) the critical study of the impact of race on the social fabric of the United States continues. Despite the rich analysis of race in critical scholarship, a body of law chock full of insights remains largely unexplored. (6) Immigration law traditionally has been considered a specialty area of practitioners spurned by academics . However, the treatment of "aliens," particularly noncitizens of color, under the U.S. immigration laws reveals volumes about domestic race relations in the nation. A deeply complicated, often volatile, relationship exists between racism directed toward citizens and that aimed at noncitizens. Peter Brimelow's anti-immigrant book, Alien Nation, (7) exemplifies this relationship; while ostensibly criticizing the state of U.S. immigration law, the book attacks affirmative action, "Hispanics," multiculturalism, bilingual education, and virtually any program designed to remedy discrimination in the United States. As the legacy of chattel slavery and forced migration from Africa would have it, the United States has a long history of treating racial minorities in the United States harshly, at times savagely. Noncitizen racial minorities, as foreigners not part of the national community, generally have been subject to similar cruelties but also have suffered deportation , (8) indefinite detention, (9) and more. The differential treatment is permitted, if not encouraged, by the disparate bundles of legal rights afforded domestic minorities and noncitizen minorities . In analyzing the treatment of noncitizens in the United States, immigration law offers an invaluable vantage point because of its unique characteristics vis-à-vis traditional constitutional law. The so-called "plenary power" doctrine, which historically has shielded substantive immigration judgments by the political branches of government from meaningful judicial review, bestows great discretion on the U.S. Government to establish rules regulating the admission of noncitizens into the country . (10) Born in an era when Congress acted with a vengeance to exclude Chinese immigrants from this nation's shores, (11) the plenary power doctrine remains the law, though perhaps narrowed somewhat in scope. (12) Moreover, the Supreme Court has invoked the doctrine to permit the federal government, and at times the states, to discriminate against immigrants with the lawful right to remain permanently in this country.
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