Come in m 1960s illegal alien terminology came into

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come in m. 1960s - “Illegal Alien” terminology came into being n. 1976 - changed hemispheric quota to 120,000 .. to per-country quota of 20,000 o. Early 1980s - undocumented immigrant worker conversation began p. Civil Rights Laws - mandates from supreme court and their interpretation of the constitution .... 14th amendment 5. Plenary Powers - located in the legislative branch, no other substitutions source putting a check on the govt...govt has total power, immigrant has no rights whatsoever..isn’t based on rule of law a. no power over and above what congress can do when making laws b. powers are plenary - doesn’t matter with due process clause c. when it comes to the substance of congressional laws, they can keep out whatever they want to d. Unchecked / absolute / sovereign powers that US congress makes e. What are some of the limits? i.Can enact some legislation that is so far out there they can vote them out ii.Powers when it comes to substance f. Are powers plenary when it comes to process? i.There are some restrictions when it comes to procedures, allows Congress/courts to get involved and poin to due process ii.PROCESS = HOW iii.SUBSTANCE = what (what groups are kept out) g. Did any of this exist prior to the constitution? Yes! i.Declaration of independence declares sovereignty..no other country can tell these colonies what to do (sep. sovereign entity) ii.Can congress pass legislation that kicks all Jews out? 1. Unchecked powers Congress has over immigration but not over any other part 2. Lincoln suspended write of habeas corpus 3. When a gov’ts powers are limited and having plenary powers means full powers 4. States have sovereignty and federal government has sovereignty - some say states have a10
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more than fed gov..colonies existed before federal govt h. Ligomsky article i.Confess federal power/ executive branch / justices / judges aren’t privy to information, governments pass between them ii.Guest Theory 1. Why immigrants shouldn’t be given rights when individual has rights 2. ITS A PRIVILEGE iii.Unfair advantage theory 1. We grant rights to people that have full loyalty - not entitled to constitutional safeguard (Allegiance Theory) i. Chinese Exclusion (issues/questions) i.What is the source of federal immigration power ii.What did the Chinese Exclusion case say about this? iii.US has power to regulate immigration under international law, anything else? iv.Immigration power is rested in federal law not in states v.Political branches have plenary power w/o judicial review 1. Nation-states have sovereignty 2. When courts recognize plenary power, supreme court gets out of the way j. Burlingame Treaty (1868) i.US accepts Chinese immigration 1. US wants cheap labor and trade with China ii.US experiences severe economic recession 1873-1878 1. Provokes anti-chinese scapegoating iii.Granted China most favored nation status iv.1879 President Hayes vetoed legislation v.In 1880 both political party platforms pro-restrictions vi.discusses mutual advantage of free migration vii.1880 supplemental burlingame treaty - suspended immigrants but reaffirmed rights of those already in 1. allowed US to “regulate, limit, or suspend Chinese laborers, but allowed Chinese already in Nov 1880 to go and come out of their own free accord” 2. 1870- huge unemployment levels 3. Immigrants come in, huge immigrant backlash k. 1860s-70s- Henry George wrote for the NY Tribune..talks about “Yellow Peril” and
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  • Fall '12
  • Koulish
  • Immigration to the United States, United States Congress, United States nationality law, History of immigration to the United States, United States federal immigration and nationality legislation

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