abstract: From its founding, the United States has always claimed to be a nation of immigrants, yet in the past century the issue of immigration has become an even more contentious political issue surrounded by heated rhetoric filled with passion, but devoid of information. This thesis hopes to interrupt this rhetoric with a thorough analysis of immigration politics in Arizona through a legal lens, a theoretical lens and an empirical lens. While this thesis by no means looks at all facets of immigration politics, it informs in a manner that adds depth by providing information on the history behind, and legal arguments surrounding, the most contentious piece of immigration legislation in the United States at the moment. It then provides a theoretical analysis of how immigration legislation has created carceral networks and a panoptic gaze in Arizona specifically. It ends with a recommendation for further empirical research to partner with both the legal and theoretical frameworks. This thesis concludes that, fortified with over a century of case law, the plenary power doctrine is unwavering, and it makes federal immigration legislation an overly powerful tool in our political system from which the courts can offer little if any protection. Congress walks a fine line between preempting immigration regulation and devolving immigration regulation. SB 1070 and the 287(g) program are two contested areas of immigration regulation, which both exhibit and alter the power relationships of immigration politics in Arizona. Additionally, the application of the theories of Michel Foucault illuminates the power relationships at play in Arizona - from the power relationships among nation states in the broader political arena of geopolitics and colonialism to the face-to-face power relationship between a police officer and a stopped/detained/arrested person in a Foucauldian carceral network. This thesis ends with a call for empirical research that would yield an opportunity to analyze these relationships. This thesis discusses the importance of empirical study. It situates the study within the genre of surveillance studies and its theorists. It analyzes similar studies, and identifies the variables the most illuminating for this analysis. This thesis is written in the hope that a researcher will pick up where this thesis has left off. / Dissertation/Thesis / M.A. Social Justice and Human Rights 2011

Globalisation has resulted in the increase of migrant workers who cross borders in search of better opportunities and greener pastures. Migrant workers, wherever they decide to relocate, are at the risk of arbitrary arrests and illegal deportations which infringe their right to liberty and security. Many unreported cases show that migrant workers in South Africa have to endure inhuman treatment every day, through the implementation of deportation laws by law enforcement agencies. This is however, done in a manner which disregards their possession of necessary documentation authorising them to be in the country. The Constitution of South Africa, legislation and other related policies provide for the protection of the right to liberty and security of migrant workers. It is against the above that this mini dissertation examines and analyses how the implementation of deportation laws impacts on the right to liberty and security of migrant workers. This mini dissertation points out that there is a dire need to ensure that the implementation of deportation laws complies with the requirements of the right to security and liberty of persons accorded to the status of migrant workers by the Constitution and other related legislation or policies. The methodology made use of in this research is qualitative. This research used legislative texts, case law, journal articles and other academic commentary to acquire information on the right of migrant workers and their plight in South Africa. The study also makes recommendations for appropriate domestic law reform in respect to how deportation laws can be implemented in a bid to protect the right to liberty and security of migrant workers. These recommendations are designed to ensure that law enforcement agencies adhere to the law and procedure which protect migrant workers from arbitrary arrests, and illegal deportations.

Over the years, human trafficking has become one of the fastest growing crimes in the world. According to a report of the United Nations Office on Drugs and Crime, Women and Children account for 75 percent of trafficked victims. Between 2007 and 2010, children accounted for 20 percent of the trafficked victims which is approximately 1343 children per year. Sadly, these statistics continue to rise annually. It is from this premise that no one can doubt the rationale behind the 2015 Immigration Regulations that affect children travelling in and out of South Africa. However, in terms of section 28 (2) of the Constitution of the Republic of South Africa, it is a prerequisite that in any matter affecting a child, the best interest of the child be of paramount importance. This mini dissertation seeks to establish whether these Immigration Regulations which initially came into effect in May 2014, are in the best interest of child travellers. This has been done by looking at the old system which regulated the movement of children; its loopholes and shortcomings, thereby establishing whether Regulation 6 (12) is a panacea or in fact the hallmark of a series of problems that have a detrimental effect on the well-being as well as the rights of the child. The research methodology is mainly based on a study of existing literature. This largely includes internet sources, national legislation, regional and international instruments as well as case law. The South African Immigration Act 2002 is the primary reference with regards to regulatory information. However, lessons are drawn from legislation from other jurisdictions, notably Zimbabwean Immigration laws as well as those of Namibia. This is because South Africa shares a border with Zimbabwe and it also has a historical connection with Namibia and has good relations with both States. The mini dissertation analyses the impact of the 2015 Immigration Regulations not only on children but on other sectors as well. Lastly, the latter makes recommendations on how to improve these Regulations without affecting the best interest of child travellers.

The devolution of immigration policy to the 50 states has resulted in the enactment of more than 1,500 state-level immigration since 2005. For the record 42 million immigrants living in the U.S., these laws have had tremendous consequences related to healthcare utilization and access, community relations with law enforcement, family dissolution, and the exacerbation of income inequalities. While the legislative arena has shifted to the states, our understanding of immigration policymaking remains unclear due to inconsistent and omitted predictors of immigration policy, subjective coding of immigration laws, and statistical modeling that does not take into account changes in key independent variables. Using data primarily from the Census Bureau’s American Factfinder, the Current Population Survey, and the National Council of State Legislatures, and other sources this research refines the quantitative determinants of immigration policy while using time-series analysis to highlight the factors linked to laws designed to integrate or exclude immigrations in the 50 states. Once empirical analysis is conducted, I delve into the details of state level immigration policymaking by interviewing state level bureaucrats within state health departments to determine the role that they, their data analysis, and the research play when it comes to influencing legislators and shaping immigration policy. This mixed methods approach combining statistical modeling and key informant interviews provides important findings that give a clear picture on why state institutional arrangements are crucial for understating immigration policy at the state level.

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The European refugee problem between 1933 and 1947 posed serious difficulties for the nations of asylum. Despite the trend towards immigration restriction, France and the United States remained the foremost countries of refuge and resettlement during the interwar years. The overwhelming numbers of refugees, however, tested their tradition of asylum, and both nations failed that tradition from the humanitarian point of view. / During the 1930's, the French harried the Americans for refusing to aid and resettle the refugees from France, complicating the diplomatic relations between the two countries. Disagreements over the proper handling of refugee affairs continued throughout the war years. After the war, the Americans and the French concluded that their disagreements postponed a successful solution to the refugee problem, and by 1947 they had embarked on a more cooperative refugee relationship through the auspices of the United Nations.

Thesis (Ph. D.)--UCLA, 2008. / Vita. Description based on print version record. Includes bibliographical references (leaves 197-211).

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University of Macau / Faculty of Law