Kevin R. Johnson

U.S. immigration law is premised on the fundamental idea that it is permissible, desirable, and necessary to restrict immigration into the United States and to treat borders as a barrier to entry rather than a port of entry. In this article, Professor Johnson seeks to add to the scholarly dialogue on immigration law by considering the possible re-imagination of the meaning and significance of the international border. Specifically, Professor Johnson attempts to articulate arguments for eliminating the border as a legal construct that impedes the movement of people into the United States. In making a case for the consideration of more open borders, this Article calls for the study of a potentially radical change in immigration law. The argument obviously runs counter to the historical restriction of immigration, as well as the wave of border fortification that marked the 1990s and increased dramatically in the wake of the tragic events of September 11, 2001. To this point, politicians, activists, and scholars have not seriously considered opening the borders to all-comers; few theorists question the underlying premise that a nation-state has the sovereign power to enact immigration restrictions, or that it might exercise that power to admit all persons who seek entry into the country. Similarly, legal scholarship generally treats closed borders as the assumed state of immigration law, with the law facilitating the efficient, fair, and rational administration of a comprehensive system of immigration controls; put differently, legal scholarship ordinarily offers ideas on improving this system, rather than on questioning its foundational premises. Part I of this Article contrasts the views of political theorists on open borders. Part II studies the moral, economic, and policy arguments for open borders, revealing the difficulty in squaring immigration restrictions with the commitment of liberal theory to individual rights. This section further suggests the possible move toward more open borders, with regional integration and more open labor migration akin to that which has evolved in the European Union possibly serving as a step toward broader change.

Open Borders?

Seeking to re-imagine the meaning and significance of the international border, Opening the Floodgates makes a case for eliminating the border as a legal construct that impedes the movement of people into this country. Open migration policies deserve fuller analysis, as evidenced by President Barack Obama’s pledge to make immigration reform a priority. Kevin R. Johnson offers an alternative vision of how U.S. borders might be reconfigured, grounded in moral, economic, and policy arguments for open borders. Importantly, liberalizing migration through an open borders policy would recognize that the enforcement of closed borders cannot stifle the strong, perhaps irresistible, economic, social, and political pressures that fuel international migration. Controversially, Johnson suggests that open borders are entirely consistent with efforts to prevent terrorism that have dominated immigration enforcement since the events of September 11, 2001. More liberal migration, he suggests, would allow for full attention to be paid to the true dangers to public safety and national security.

Why America Needs to Rethink Its Borders and Immigration Laws

Opening the Floodgates

Almost half a century ago, Jean-Luc Godard famously remarked, "I await the end of cinema with optimism." Lots of us have been waiting forand wondering aboutthis prophecy ever since. The way films are made and exhibited has changed significantly. Films, some of which are not exactly "films" anymore, can now be projected in a wide variety of wayson screens in revamped high tech theaters, on big, high-resolution TVs, on little screens in minivans and laptops. But with all this new gear, all these new ways of viewing films, are we necessarily getting different, better movies? The thirty-four brief essays in The End of Cinema as We Know It attend a variety of topics, from film censorship and preservation to the changing structure and status of independent cinemafrom the continued importance of celebrity and stardom to the sudden importance of alternative video. While many of the contributors explore in detail the pictures that captured the attention of the nineties film audience, such as Jurassic Park, Eyes Wide Shut, South Park: Bigger, Longer and Uncut, The Wedding Banquet, The Matrix, Independence Day, Gods and Monsters, The Nutty Professor, and Kids, several essays consider works that fall outside the category of film as it is conventionally definedthe home "movie" of Pamela Anderson and Tommy Lee's honeymoon and the amateur video of the LAPD beating of Rodney King. Examining key films and filmmakers, the corporate players and industry trends, film styles and audio-visual technologies, the contributors to this volume spell out the end of cinema in terms of irony, cynicism and exhaustion, religious fundamentalism and fanaticism, and the decline of what we once used to call film culture. Contributors include: Paul Arthur, Wheeler Winston Dixon, Thomas Doherty, Thomas Elsaesser, Krin Gabbard, Henry Giroux, Heather Hendershot, Jan-Christopher Hook, Alexandra Juhasz, Charles Keil, Chuck Klienhans, Jon Lewis, Eric S. Mallin, Laura U. Marks, Kathleen McHugh, Pat Mellencamp, Jerry Mosher, Hamid Naficy, Chon Noriega, Dana Polan, Murray Pomerance, Hillary Radner, Ralph E. Rodriguez, R.L. Rutsky, James Schamus, Christopher Sharrett, David Shumway, Robert Sklar, Murray Smith, Marita Sturken, Imre Szeman, Frank P. Tomasulo, Maureen Turim, Justin Wyatt, and Elizabeth Young.

Bernard Trujillo

Americans from radically different political persuasions agree on the need to “fix” the “broken” US immigration laws to address serious deficiencies and improve border enforcement. In Immigration Law and the US–Mexico Border, Kevin Johnson and Bernard Trujillo focus on what for many is at the core of the entire immigration debate in modern America: immigration from Mexico. In clear, reasonable prose, Johnson and Trujillo explore the long history of discrimination against US citizens of Mexican ancestry in the United States and the current movement against “illegal aliens”—persons depicted as not deserving fair treatment by US law. The authors argue that the United States has a special relationship with Mexico by virtue of sharing a 2,000-mile border and a “land-grab of epic proportions” when the United States “acquired” nearly two-thirds of Mexican territory between 1836 and 1853. The authors explain US immigration law and policy in its many aspects—including the migration of labor, the place of state and local regulation over immigration, and the contributions of Mexican immigrants to the US economy. Their objective is to help thinking citizens on both sides of the border to sort through an issue with a long, emotional history that will undoubtedly continue to inflame politics until cooler, and better-informed, heads can prevail. The authors conclude by outlining possibilities for the future, sketching a possible movement to promote social justice. Great for use by students of immigration law, border studies, and Latino studies, this book will also be of interest to anyone wondering about the general state of immigration law as it pertains to our most troublesome border.

¿Sí se puede?

Immigration Law and the U.S.–Mexico Border

Bill Ong Hing

Jennifer M. Chacon

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. This innovative casebook approaches immigration law and policy from a public interest perspective with a special emphasis on issues of social justice. Along with cases and statutory material, Immigration Law and Social Justice employs a variety of materials from appellate cases, client examples, article excerpts, and hypotheticals. These materials not only provide the basic framework for immigration law, but also engage students with the greater social, political, and economic context necessary to understand the movement of immigrants to the United States, as well as the human impact of immigration law enforcement and administration. Through examples, notes and questions that raise the social, racial, and political questions of admission and enforcement, as well as discussion of public interest lawyers’ strategies, this casebook advances students’ understanding of the creative approaches used in the field. Ultimately, this book encourages students to think broadly about relevant social, economic, and political forces. New to the Second Edition: Supreme Court decisions on expedited removal and DACA Analysis of the Trump administration approaches to relief from removal, judicial review, and the rights of noncitizens Major Supreme Court decisions, including Trump v. Hawaii (Muslim ban) and Dimaya v. Sessions (2018) (aggravated felonies) Administrative decisions such as Matter of A-C-M- (material support bar), Matter of A-B- (domestic violence and particular social group) Developments in how immigration courts define convictions Additional/updated material on: History of U.S. immigration laws Race-conscious lawyering; racial justice and immigrant rights New ICE enforcement guidance under the Biden administration; U.S. v. California (upholding California’s sanctuary policies) Citizenship for orphans; renunciation of citizenship Public charge grounds and Title 42 COVID exclusions; I-601A waiver; firearms offenses; crimes involving moral turpitude Restrictions on bond hearings imposed by the Trump administration; monitoring of children’s detention centers under Flores settlement; Zepeda Rivas v. Jennings (requirements on ICE detention facilities in light of COVID-19) Border wall and related litigation; Operation Streamline; worksite enforcement; state and local cooperation Pereira v. Sessions and Niz-Chavez v. Garland (defective Notice to Appear and eligibility for cancellation of removal); cancellation of removal Examination of right to counsel for minors and for non-detained respondents with mental challenges; ineffective assistance of counsel; restrictions imposed by Trump administration on immigration court continuances; problems with distance videoconference hearings New refugee numbers under the Biden administration; past persecution; membership in particular social groups Professors and student will benefit from: Deep background on the social context of immigration law and its enforcement in the context of a sophisticated examination of the technicalities of relevant statutory and administrative law Materials encouraging students to learn relevant law with an eye toward potential advocacy, including litigation strategies, and which challenge students to evaluate critically the mutually constitutive work of race and immigration law Contextual background to understand immigration and immigration enforcement Unique focus on immigration and social justice, as well as public interest immigration lawyering Focus on issues of contemporary relevance, highlighting some of the most contentious areas of immigration law and policy Materials designed to facilitate student understanding of the letter of immigration law, and to encourage students to think creatively about possible reform Integrated critical materials exploring the role of race, class, religion, gender, and disability in immigration law and policy Problems designed to encourage active learning and application of law

Immigration Law and Social Justice

Americans from radically different political persuasions agree on the need to ÒfixÓ the ÒbrokenÓ US immigration laws to address serious deficiencies and improve border enforcement. In Immigration Law and the USÐMexico Border, Kevin Johnson and Bernard Trujillo focus on what for many is at the core of the entire immigration debate in modern America: immigration from Mexico. In clear, reasonable prose, Johnson and Trujillo explore the long history of discrimination against US citizens of Mexican ancestry in the United States and the current movement against Òillegal aliensÓÑpersons depicted as not deserving fair treatment by US law. The authors argue that the United States has a special relationship with Mexico by virtue of sharing a 2,000-mile border and a Òland-grab of epic proportionsÓ when the United States ÒacquiredÓ nearly two-thirds of Mexican territory between 1836 and 1853. The authors explain US immigration law and policy in its many aspectsÑincluding the migration of labor, the place of state and local regulation over immigration, and the contributions of Mexican immigrants to the US economy. Their objective is to help thinking citizens on both sides of the border to sort through an issue with a long, emotional history that will undoubtedly continue to inflame politics until cooler, and better-informed, heads can prevail. The authors conclude by outlining possibilities for the future, sketching a possible movement to promote social justice. Great for use by students of immigration law, border studies, and Latino studies, this book will also be of interest to anyone wondering about the general state of immigration law as it pertains to our most troublesome border.

ÀS’ Se Puede?

Immigration Law and the U.S.ÐMexico Border

Jennifer Chacón

"Casebook focusing on immigration law and social justice for second- and third-year law students."--

This ground-breaking anthology examines the mixed race experience and the impact of law on mixed race citizens in America.

Kevin R. Johnson

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