Abstract
This chapter suggests that US immigration federalism produces contested denizenships, both through the geographically varied terms of immigrants’ daily lives and the related claims that non-citizen residents can make for membership. It traces immigration federalism from alienage laws through the landmark University of California vs. Department of Homeland Security, which challenges the government’s threatened deportation of California’s critically constitutive members. It also examines the evolution of the Dreamers and discourse around membership, especially in response to government violence. In so doing, it engages with perspectives on critical bordering, denizenship, and subnational citizenship.
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Notes
- 1.
New applications were available for those whose previous statuses had expired or been terminated. In April, a District of Columbia judge ruled that DACA had to be reopened even to new applicants, but stayed the court’s order for 90 days in order to give the Trump administration a chance to provide justification for ending the program. In August, a federal judge in Texas ordered the government to restart DACA (National Immigration Law Center 2018).
- 2.
I would like the thank members of the migration working group at the Peace Research Institute of Oslo (PRIO) for stimulating my thinking on this point on a talk given there in April 2018.
- 3.
The term comes from Ambrosini (2016) (among others).
- 4.
Secure Communities allowed local communities and law enforcement agencies to apply for Memorandums of Understanding with the US government, in which they would receive training and share information to enable local cooperation in controlling undocumented immigration. Participation increased rapidly until 2011 (American Immigration Council 2017).
- 5.
Non-resident tuition for state higher education is often 3–4 times more expensive than resident tuition, a significant barrier to higher education especially for immigrant students who cannot access federal financial assistance.
- 6.
This seems unlikely, given that Latinos were regularly stopped for racial reasons in the Phoenix area at this time (Romero and Serag 2005) and that the county sheriff’s office was charged with racially profiling Latinos in random stops in a series of cases culminating in Ortega Melendres et al. v. Arpaio et al. However, the students were making the precise point that they were being racially-profiled in Buffalo, New York, where their less-common ethnicity made them a target for immigration control.
- 7.
Despite the importance of this case for establishing the Dreamers’ case well beyond Arizona, Arizona voters overwhelmingly passed Proposition 300 in 2006, prohibiting undocumented students from receiving resident tuition rates or financial assistance. Like California’s earlier Proposition 187, this was struck down via Plyler. Community colleges and university systems have raised private funds to reduce costs for undocumented students, although one state community college system was sued (unsuccessfully) by the state of Arizona for this practice (Nevarez 2011). Several ongoing attempts to provide resident tuition for undocumented and refugee students who have attended and graduated from Arizona high schools have been in legislative committee since 2014.
- 8.
Meeting of undocumented students at University of California, Los Angeles, 2017.
- 9.
The second of the three lawsuits against DACA’s rescission mentioned above (see Footnote 1) came from 17 states and immigrant advocacy groups, and the third from a coalition of the National Association for Colored People (NAACP), Princeton University, and Microsoft, all of whom have similar interests in the continuing security and membership of DACA-eligible individuals, if for slightly different reasons.
- 10.
The quilting shifts so rapidly that the maps I made on flights for talks in Spring of 2018 needed changes by the time I was speaking.
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Goodwin-White, J. (2020). “Today We March, Tomorrow We Vote!”: Contested Denizenship, Immigration Federalism, and the Dreamers. In: Ambrosini, M., Cinalli, M., Jacobson, D. (eds) Migration, Borders and Citizenship. Migration, Diasporas and Citizenship. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-22157-7_4
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