No description available.

“Detention Power” asks how immigrant incarceration became a critical tool in constructing American sovereignty, and how the federal government convinced local governments, businesses, and communities to become collaborators in immigration policing. It illustrates how the U.S. immigration service built both ideological and economic relationships with municipalities, enabling the federal government to jail thousands of migrants awaiting hearings and deportations long before the advent of federal immigration detention centers in 1980. As early as 1900, the immigration service relied on an expansive system of contracts with county sheriffs to “board out” immigrants in county jails. Towns capitalized on these contracts by expanding their jails and, in some cases, building separate “migrant jails” to secure federal detainees, effectively transforming incarcerated migrants into local commodities. I trace the immigration service’s use of jails from the era of Chinese Exclusion to the era of ICE, looking to rural communities throughout the country that became the unlikely hubs of incarceration for immigrants and refugees from Asia, Latin America, the Caribbean, and beyond. This work challenges the historiography which has identified immigration detention as a product of the Cold War era, influenced by the law-and-order movement of the late twentieth century. It is among the first work to center the role of local politics in the rise of the deportation state, arguing that though immigration regulation was a federal responsibility, deportations were impossible to carry out without local cooperation and local jails.

From 1945 to 1979, the Immigration and Naturalization Service was responsible for identifying and prosecuting Nazi collaborators and potential war criminals in the United States. It failed in this task for a number of reasons. The first of these was that the agency was severely disorganized and mismanaged. Reliance on interagency cooperation, lack of manpower and resources, and lack of institutional support for “Nazi hunters” posed further problems. Morale crises among employees and the legal difficulties of actually prosecuting Nazi collaborators also hampered the agency’s effectiveness. Most importantly, the agency was overwhelmingly focused on policing the southern border and preventing the entry of unauthorized Mexican migrants. This policy focus prevented resources from being devoted to other initiatives, including investigating the presence of Nazi collaborators in the United States. In this paper I analyze the existing historiography on this topic and discuss its shortcomings. These include a focus on the small number of cases prosecuted by the INS, from which historians have tended to make inapplicable generalizations, and a focus on the Cold War and anticommunism as explanations for the INS’s failure. I have also surveyed historical works on denazification in Germany, which I argue provide a better template for historians working on the collaborator presence in the United States.

No description available.

No description available.

This dissertation explores the experience of Indian immigrants to the United States in the early twentieth century through an examination of the self-published writings of Dinshah P. Ghadiali, a Parsi Zoroastrian who immigrated to the United States with the hope of establishing himself as an important inventor but instead earned notoriety as a charismatic if irrepressible quack. With his family, Ghadiali settled in New Jersey in 1911, and became a naturalized citizen in 1917, the same year that Congress banned further immigration from all of Asia. He purchased a printing press early in his career to promote his discoveries but gradually repurposed it to archiving the many injuries and affronts he suffered in his encounters with immigration officials, police, journalists, judges, and juries. Ghadiali was arrested several times throughout his career for laws governing the practice of medicine, but he became the target of increasingly racialized persecution after he married a white woman in 1923. He was accused of "white slavery" and sentenced to prison for five years. In 1932, the government sought to strip him of his citizenship. Ghadiali believed he had been singled out for persecution by professional rivals--in fact, he was caught in a much broader campaign to denaturalize citizens of Indian origin after the Supreme Court, in United States v. Bhagat Singh Thind (1923), determined that Indians were "racially ineligible" for citizenship. The volumes examined here consist mainly of Ghadiali's reconstructions of his many encounters with the law. Rather than a biography or cultural study of racialization, this dissertation explores the way in which immigrant subjects participate in the crafting of personhood or subjectivity through violent and mundane encounters with legal institutions, legal language, and legal form.

Since the terrorist attacks of September 11, 2001, Americans have been at war against some form of terrorism both at home and abroad. This includes abuses of federal immigration laws and policies that relate to legal and illegal immigration with Mexico. It is easily substantiated that thousands of Americans have died at the hands of illegal immigrants from Mexico through criminal activity in the United States or through illegal drug trafficking. This thesis considers whether the immigration policies of Presidents Bill Clinton and George W. Bush were at fault for not properly securing the border prior to these attacks. Specifically, did the Bush administration effectively secure the border following 9/11? Furthermore, how does the substantial growth of illegal immigrants from 1995 to 2005 correlate to the failed policies passed during this era? This analysis shows that it should not have taken a catastrophic event like the terrorist attacks on 9/11 to realize the urgent need for stronger national security in the homeland. This work concludes with the argument that both administrations should have placed a greater priority on promoting stronger federal immigration laws and policies that would have resulted in better solutions to permanently secure America's southern border with Mexico.

Le contravvenzioni si collocano lungo il confine tra il sistema amministrativo e quello propriamente penale. Da tale posizione esse derivano la loro peculiare struttura, che spesso sanziona condotte di mera disobbedienza (frequentemente omissive) piuttosto ensangui sul piano soggettivo; su un piano dinamico, fanno da contrappunto allo scarso disvalore del fatto tipico la rapidità dei giudizi e la mitezza delle sanzioni. Le contravvenzioni sembrano così differenziarsi con una certa nettezza dagli illeciti penali tradizionali, avvicinandosi piuttosto agli illeciti c.d. amministrativi: esse mancherebbero della “personalità” che, invece, dovrebbe caratterizzare il reato alla luce anche del dettato costituzionale. Abbiamo tentato di testare la tenuta della categoria contravvenzionale in due settori della “parte speciale”: il diritto penale del lavoro e il diritto penale dell'immigrazione. Nel primo caso le riforme hanno dato luogo a un'amministrativizzazione del diritto penale: essa è connotata da pene sostanzialmente amministrative, con tratti penalistici annacquati; nel secondo caso, invece, le sperimentazioni hanno determinato una penalizzazione del diritto amministrativo, che si caratterizza soprattutto perché conduce a una forma di limitazione della libertà personale per così dire “innominata”, cioè esclusa dal novero delle pene tipiche di cui all'art. 39 c.p. / Misdemeanors are placed along the border between the administrative and the penal system. From that position they derive their peculiar structure, which often punishes mere disobediences carried out without malice or recklessness. The speed of the assessments and the mildness of the sanctions are the dynamic counterpoints to the low negative value of the typical fact. Misdemeanors seem to be quite different from the traditional criminal offenses, and rather similar to the administrative ones: they lack the "personality" which should characterize a constitutionally shaped crime. We attempted to test the internal consistency of the misdemeanors category in the the criminal labor and immigration law. In the first case, reforms have led to essentially administrative sanctions, with the criminal features watering down; in the second case, they have brought to penalties which, though formally administrative, are punitive in character: the most typical of these is a “unnamed” restriction of liberty, which is excluded from the range of typical sentences listed in article 39 c.p.

No abstract available. / Thesis (M.Soc.Sci.)-University of Natal, Durban, 2000.

No abstract available. / Thesis(M.A.)-University of Natal, Durban, 2001.