Abstract
Whereas the federal government has exclusive authority over immigration in the United States, during the past decade (and particularly since 9/11), many cities have formulated "grassroots" policies that enable local immigration policing "through the backdoor," and have the indirect—but intended—effect of excluding undocumented immigrants from their jurisdictions. Providing a national overview and three case studies from the Phoenix, Arizona, metropolitan region, this article focuses specifically on the way in which cities are deploying public space ordinances to police (presumed) undocumented day laborers within their jurisdictions. This study underscores how noncitizen status can compromise claims to "the city," and thus makes an argument that the legal geographic literature on city ordinances, public space, and the "right to the city" must engage with immigrant legal status and break free from the "territorial trap" of the nation-state, in which citizenship status is either assumed or considered a non-issue.
Highlights
As the epigraph by Supreme Court Justice Brennan suggests, the federal government of the United States has long had sole authority over immigration enforcement and the formulation of immigration policy
While federal legislation adopted in 1996 has offered city and state law enforcement agencies the opportunity to become local partners in federal immigration enforcement,3 most local police forces have rejected this partnership citing, among other concerns, the costs of implementing such a strategy and the public safety outcomes that might result if local police were “La Migra.”
With the notable exceptions detailed above, most city government officials and police officers generally echo the words of Supreme Court Justice Brennan that the federal government has responsibility for immigration enforcement, and that the hands of local government are tied in these matters
Summary
The Center for Comparative Immigration Studies University of California, San Diego. Immigration Policing Through the Backdoor: City Ordinances, The "Right to the City," and the Exclusion of Undocumented Day Laborers. Varsanyi School of Justice and Social Inquiry Arizona State University. IMMIGRATION POLICING THROUGH THE BACKDOOR: CITY ORDINANCES, THE “RIGHT TO THE CITY,”
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
