Immigration Policy Law 422 Spring 2014 Elina Treyger. ***Preliminary Syllabus, Subject to Revisions*** December 19, 2013

Transcription

1 Immigration Policy Law 422 Spring 2014 Elina Treyger ***Preliminary Syllabus, Subject to Revisions*** Class Schedule: December 19, 2013 Class meets Wednesdays 4:00pm-5:50pm in Hazel Hall 348. Contact Information and Availability: My office is Room 310; my office phone number is Regular office hours to be determined. I am also available to meet with you almost anytime at your request. Please request appointments and direct other class-related questions or concerns via (etreyger@gmu.edu). Description: This course examines salient issues in U.S. immigration policy, focusing on the following broad questions: who should the United States allow into the country? Who should the United States remove from the country? How and when should the immigration laws be enforced? What institutions and actors should be shaping national immigration policy? The course will investigate how the existing legal architecture, relevant normative commitments, and our state of knowledge about the consequences of immigration inform the answers to these and related questions. Course materials include legal, policy, and social science scholarship. The course will not focus on the details of immigration law, but we will (re)familiarize ourselves with basic features of the immigration regime as needed. Course Requirements: Your grade will be based on a final research paper of about pages in length (80%) and class participation (20%). Your paper may follow a normative or a positive approach to a question of immigration policy, broadly defined; both law-review type and social science papers are acceptable. In either case, the paper must be researched and supported in accordance with the conventions of the appropriate discipline. More information about the paper, as well as the timeline for selecting a topic, producing a rough draft, and producing a finished draft will be provided during the first class. If you are enrolled in the course and miss the first meeting, it is your responsibility to seek out this information. Class participation requires that you read the assigned readings and formulate questions and reflections on the readings for our discussions every meeting. A seminar is only as successful as

2 its participants are prepared and engaged; thus, the level and quality of your participation will bear on your final grade. Reading Assignments: Most readings will be made available to you electronically via TWEN. I ask that you purchase Kevin R. Johnson et al., Understanding Immigration Law, (2009), which is a basic, treatise-like text that offers an overview of immigration law, institutions, processes, and policies. It may be purchased as a paperback book ($40 on amazon) or as an electronic Kindle book ($28.44). Background material is assigned for some classes; for others, you are invited to consult specified parts of that text if you would like further background or detail on particular topics. In general, additional and optional readings are listed for those interested in further exploration of the topics. The assignments may be adjusted from time to time, of which due notice will be given. The Assignment for the first class meeting is specified below, and is or will imminently be posted on TWEN. Attendance: Academic Regulation 4 governs attendance. An attendance sheet will be available for your signature during each class. Internet and Phone Policy: I ask that you refrain from using the internet, as well as phone messaging, during class time. Food Policy: Beverages are allowed. Please check with me if you need to bring food into the classroom; on account on severe allergies, I must ask you to refrain from bringing certain foods into the room.

3 Assignments and Class Schedule Class 1 (1/8/14): Introduction and Preview of Issues in Immigration Policy Overview of the Immigration System: Gordon, Mailman, Yale-Loehr & Wada, Immigration Law and Procedure, 1.02 Scope, Agencies, and Sources Justifying immigration control: Shaun Raviv, If People Could Immigrate Anywhere, Would Poverty Be Eliminated? The Atlantic, Apr. 26, 2013 Dylan Matthews, What gives us a right to deport people? Joseph Carens on the Ethics of Immigration, The Washington Post (Nov. 29, 2013) What Should Drive Immigration Policies? (short items, collated together as Class 1 Readings on TWEN): The Price of Entry, The Economist (June 24, 2010) Joshua Keating, You Can Now Be Maltese for $865,000, slate.com ICE commemorates 10th anniversary of the Human Rights Violators and War Crimes Program John Hudson, Exclusive: U.S. Will Now Let in Thousands of Syrian Refugees, Foreign Policy (August 12, 2013) Excerpts from the Affidavit of George Borjas, in Arizona v. United States of America, 132 S. Ct (2012). Michael Strain, Stapling Green Cards to Diplomas: Time to Make This Cliche a Law, The Atlantic (June ) Excerpt from The Final Report of the National Commission on Terrorist Attacks Upon the United States (Executive Summary) (2004) W. James Antle III, Does Boston Prove Mass Immigration Is a Security Threat? The American Conservative, (April 26, 2013) Declaration of Phoenix Police Chief Jack Harris, in Arizona v. United States of America, 132 S. Ct (2012). Bizarro U.S. City Does Not Harass Immigrants, Gawker (July 25, 2012) Class 2 (1/15/14): Admissions Policy I: Implications from the Status Quo Background: Ruth Ellen Wasem, Congressional Research Service (CRS), U.S. Immigration Policy on Permanent Admissions, (2010), pp

4 Determinants of Migration and Composition of Immigrants: Douglas Massey, The Social and Economic Origins of Immigration, The Social Contract, pp (1994). Alejandro Portes & Rubén G. Rumbaut, Immigrant America: A Portrait (3 rd ed., 2006), Chapter 2, Who Are They and Why They Come Framing the Key Policy Questions: George Borjas, Heaven s Door: Immigration Policy and the American Economy, Chapter 1, up to Ten Symptoms. For further detail on any categories of permanent admissions, consult Chapter 7, Immigrant Visas, Understanding Immigration Law, pp For further details on empirical trends in admissions overtime, consult the charts in Ruth Ellen Wasem. CRS, U.S. Immigration Policy: Chart Book of Key Trends (March 7, 2013) For a summary of salient policy changes in the proposed immigration reform bill, see Marc Rosenblum & Ruth Wasem, Comprehensive Immigration Reform in the 113 th Congress: Short Summary of Senate-Passed S. 744 (2013) Class 3 (1/22/14): Admissions Policy II: Immigration and the Economy Economic Impact, Understanding Immigration Law, pp George Borjas, Heaven s Door, Chapter 11 Alexandra Starr, Our Anti-Innovation, Anti-Business, and Anti-People Immigration Law, The Atlantic (May 7, 2012) Howard F. Chang, Immigration Restriction as Redistributive Taxation: Working Women and the Costs of Protectionism in the Labor Market, 5. J.L. Econ. & Pol y 1 (2009) Patrick J. Carr et al., Can Immigration Save Small-Town America? Hispanic Boomtowns and the Uneasy Path to Renewal, 641 Annals of Am. Acad. Of Pol. & Soc. Science 38 (2012) For an overview of empirical studies on the economic effects of immigration, see Linda Levine, CRS, Immigration: The Effects on Low-Skilled and High-Skilled Native-Born Workers (2010). George J. Borjas, Immigration and the Effects on the U.S. Labor Market ( ), Dep t of Labor, ETA Occasional Paper 2005

5 William Kandel & Emilio Parrado, Restructuring of the US Meat Processing Industry and New Hispanic Migrant Destinations, 31 Population and Development Review 3, (Sept. 2005) Class 4 (1/29/14). Admissions Policy III: Family Reunification, Integration, and Culture William Kandel, CRS, U.S. Family-Based Immigration Policy, (2013) Kerry Abrams, What Makes the Family Special?, 80 U. Chi. L. Rev. 7 (2013) Stephen H. Legomsky, Rationing Family Values in Europe and America: An Immigration Tug of War Between States and Their Supra-National Associations, 25 Geo. Immigr. L.J. 807 (2011) Samuel Huntington, The Hispanic Challenge, Foreign Policy (March/April 2004). Jack Citrin, Amy Lerman, Michael Murakami, and Kathryn Pearson, March 2007, Testing Huntington: Is Hispanic Immigration a Threat to American Identity? Classes 5 and 6. Refugees and Asylum Class 7. Enforcement Policy I: Unauthorized Immigration Class 8. Enforcement Policy II: Detention and Removal Class 9. Enforcement Policy III: The Border and Employer Sanctions Class 10. Security, Crime, and Crimmigration Class 11. Immigration Federalism Class 12. Immigration Courts and Judicial Review Class 13. International Perspectives Class 14. Wrap-up and Paper Discussion