Abstract

Reviewed by: The Walls Within: The Politics of Immigration in Modern America by Sarah Coleman Kathryn Schumaker (bio) The Walls Within: The Politics of Immigration in Modern America. By Sarah Coleman. (Princeton: Princeton University Press, 2021. Pp. 272. $35.00 cloth; $35.00 ebook) Historians of immigration in the twentieth-century United States have long noted how restrictive policies created a class of unauthorized people who lived in the shadow of the law. At the same time, the 1960s spurred a revolution in individual rights, expanding the scope of claims all persons—including noncitizens—could make through the Fourteenth Amendment. Sarah Coleman's The Walls Within: The Politics of Immigration in Modern America examines the people caught in between these two important developments, exploring the battles over the rights of unauthorized immigrants. This well-written and thoroughly researched book tells an often-surprising story that reveals how the states—and not the federal government—were frequently the laboratories of restrictive immigration policies in the late twentieth century. Coleman begins with Plyler v. Doe (1982), a landmark United States Supreme Court case that questioned the constitutionality of a Texas state law that allowed school districts to charge tuition to students who could not prove their legal status. The Supreme Court had ruled a decade earlier that the Fourteenth Amendment did not include a constitutional right to education. Could Texas charge tuition to unauthorized families or exclude them from public schools entirely? The first two chapters examine how these questions vexed the Carter and Reagan administrations, where officials saw unauthorized children as sympathetic figures, but also recognized that immigration [End Page 449] was a hot-button issue with voters. Though unauthorized immigrants were a convenient political target for members of state legislatures—especially in their inability to respond at the ballot box—officials were wary of punishing children. The Supreme Court eventually ruled the law unconstitutional in 1982. But the concerns about childhood that restrained some policymakers and judges in Plyler did little to deter efforts by state legislatures to target adults. Amid press warnings that linked rising unemployment rates to unauthorized workers, states passed laws criminalizing the employers who hired them. The next two chapters examine how this issue scrambled traditional partisan divides. The Chamber of Commerce and many Republicans opposed a federal law because it targeted business owners. Latino advocacy groups recognized that the law risked the possibility that, fearful of prosecution, employers could refuse to hire any identifiably Latino person. Ultimately, these concerns contributed to the passage of the 1986 federal immigration law that included (largely unenforceable) sanctions for employers, but also prohibited discrimination on the basis of alienage and national origin in hiring. The final chapters focus on the 1990s, when both political parties lurched rightward on immigration. The fifth chapter examines how immigration again came to the fore amid an economic downturn, culminating in Clinton-era welfare reform that ended the ability of noncitizens to access public benefits, including cash assistance and food stamps, regardless of their legal status. The final chapter explains how states paved the way for new restrictive immigration policies, leading Congress to ultimately buttress the authority of state and local officials to carry out immigration enforcement in the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. The Walls Within is a story of lawyers, judges, policy advisers, senators, and other elites as they made immigration law and policy in courtrooms and offices. Unauthorized immigrants existed abstractly for these people, especially for politicians who sought to use [End Page 450] immigration policy to woo conservative white voters (in the case of Clinton) or appeal to Latino voters (as Reagan did). The book, therefore, has less to say about how these legal and policy changes affected immigrants' everyday lives. Nonetheless it offers a clear policy and legal history of the fraught issue of immigrants' rights in the modern United States, especially in its contributions to the growing scholarship on federalism and immigration. [End Page 451] Kathryn Schumaker KATHRYN SCHUMAKER is a historian at the University of Oklahoma. She is the author of Troublemakers: Students' Rights and Racial Justice in the Long 1960s and is at work on a new book project about interracial families in...

Full Text
Published version (Free)

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 call