Theses (M.A.)--Marshall University, 2006. / Title from document title page. Includes abstract. Document formatted into pages: contains vi, 59 p. Bibliography: p. 54-57.

Immigration law and its enforcement are controversial and highly debated topics. States are increasing their role in the enforcement of immigration law by enacting laws that allow local law enforcement to function as immigration officers with the intent of decreasing the illegal alien population within their jurisdiction. The primary focus of this thesis is to determine whether state and local police have the legal power to enforce immigration laws that have been the jurisdiction of the Federal Government for decades. There are two sides that are discussed in this thesis, the proponents who are in favor of increased participation and those who oppose it. The proponents argue that federal law has not preempted states from enforcing immigration law and that states have inherent authority to do this. The critics argue that this is unconstitutional because the constitution and other legal authorities grant exclusive power to the Federal Government in the area of immigration law. Through the analysis of constitutional provisions, case law and statutes, quantitative statistics, anecdotal evidence, federal and state programs, and governmental resources this thesis evaluates the current role of state and local authorities and proposes a different role for local jurisdictions in the enforcement of immigration law. Evidence shows that states are allowed to enforce some immigration laws but doing this has negative consequences for the people, the states, and the nation. Research shows that increased participation from local law enforcement leads to racial profiling, civil rights violations, and damages the relationship between the police and the community; therefore, the line between state and federal enforcement should be monitored carefully.

This study examines decisions of immigration judges from the Miami and Los Angeles immigration courts, analyzing the asylum grant rates of judges in the courts from 2000-2016. In five-year time frames, the study looks at each immigration court and the decisions yielded, amounting up to nearly 86,000 decisions. Examining judges on an individual level, the study also analyzes the outputs of each court collectively. The analysis reveals very distinct disparities in grant rates, showing up to a 70% disparity between judges within the same immigration court. Based on biographies provided by Transactional Records Access Clearinghouse (TRAC), this paper explores possible correlations between various extralegal factors of individual immigration judges and their respective asylum grant rates. The results of the analysis showed correlation between gender, political party appointed under and the asylum grant rate, as well as strong correlation between judges’ previous work experience prior to appointment (DHS/INS experience, NGO experience) and the asylum grant rate. Additionally, the analysis reviews case law of the Ninth and Eleventh Circuit Courts, looking at distinct differences in the precedents of asylum law. The paper explores the tension between these judicial entities, the legislative branch, and the executive agencies enforcing the asylum adjudication process in the context of the Los Angeles and Miami immigration courts. The conclusion discusses the implications of the findings, especially in regards to the rapidly changing directives of the current executive administration.

Thesis (Ph. D.)--University of Chicago, Dept. of Anthropology, August 2003. / Includes bibliographical references. Also available on the Internet.

published_or_final_version / Public Administration / Master / Master of Social Sciences

Thesis (Ph. D.)--University of Texas at Austin, 2007. / Vita. Includes bibliographical references.

Thesis (Ph. D.)--University of Chicago, 1998. / Includes bibliographical references (leaves 256-274).

Thesis (M.A.)--Ball State University, 2009. / Title from PDF t.p. (viewed on Nov. 30, 2009). Includes bibliographical references (p. 61-64).

This research uses Fremont, Nebraska, and City Ordinance 5165, passed in June of 2010, as a case study to explore the effects on migrant political activity of local legislation that prevents undocumented migrants from renting homes and acquiring jobs, and also investigates the nature of migrant participation in opposing such measures. Fremont is one of many U.S. cities that have passed ordinances targeting undocumented migrants, and while continuous legal battles have delayed these laws from going into effect, they reflect a growing attempt to undertake immigration enforcement at a local level. Interviews with Fremont community members suggest the effects of the passage of Ordinance 5165 and surrounding debate are primarily negative, including community division, increased racism, and a challenged sense of safety and belonging for many residents. However, the legislation has also had some positive influence, such as motivating higher levels of civic engagement among migrants and Latinos, and spurring mobilization efforts that have served as points of solidarity and empowerment for these same groups. Furthermore, because places are formed by way of their relations to other places, fieldwork was also conducted in Chichihualco, Guerrero, Mexico one of the largest sending communities to Fremont. These complementary findings exposed how global realities, such as economic need and transnational social ties, shaped happenings in Fremont; and interviews with return migrants and migrants' family members in Chichihualco suggest that it is unlikely the law will deter migration to the city nor persuade migrants to relocate or return to their countries of origin. The Fremont case study provides insight concerning the nationwide trend of local immigration enforcement, highlighting the need for continued investigation of the ways in which community members are organizing against such policy measures, and the observed and potential effects for various actors at different scales. This sort of legislation is being passed with greater frequency in the U.S., and this research argues that its effects have been overwhelmingly negative, and that such laws represent a missed opportunity to instead integrate growing migrant populations into city planning and development processes that could be beneficial for entire communities. / text

Thesis (M.A.)--University of Wisconsin. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.