SOCY 1021 Study Guide - Final Guide: Immigration And Nationality Act Of 1965, Immigration To The United States, Aggravated Felony

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5 Dec 2016
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SOCY Exam 3 Study Guide
1882: Chinese exclusion act: First federal immigration policy
1917-1924: Establish visa requirement from Johnson Reed Act, which created
quota/bans
Gentlemens agreement: exclude Japanese
Creation of quotas for European migration
1900s-1950s: Supreme Court cases establish and reaffirm who is considered
white and thus eligible for citizenship
Only people who were white or formerly enslaved African Americans
were eligible
1965: Hart-Cellar Act: Reaffirms the 1950s quota system and emphasis on high-
skilled workers and family reunification
Allows Texas employers to hire undocumented workers without penalty
(Texas Proviso)
Included Western Hemisphere for first time
GRAR Essay 18:
Must protect real Americans from immigrant invasion
Real Americans National )dentity:
o White, Anglo, Saxon, Christian
o Whites ethnic groups were allowed to become citizens through an
easy naturalization process and had opportunity to upward mobility
o The law said Whiteness was not based on science but what the
common man said Whiteness was
o Real Americans were those who not only adopted American values
but who could become White
Others:
o Incapable of assimilating
o Threaten Americas Anglo-Protestant culture
o Blacks/Native Americas were enslaved or pushed to reservations
o Asian immigration was excluded altogether
o Mexican Americans were regulated to second class citizenship in land
that was originally their homeland
1952: Racial requirements lifted
1922 Takoa-Ozawa v US: Japanese should be eligible under the
Naturalization Act, which limited citizenship to Whites and Blacks
o Ruled not White, therefore, ineligible for citizenship
Illegal Immigrants:
o 1776-1800s Open Door Era of Immigration
o When there were limitations, Europeans favored
o Europeans benefited disproportionately from discretionary policies
that allowed certain illegal immigrants to legalize status
Immigration Nation:
More than ten million undocumented immigrants
Labeled as criminals and shouldnt be rewarded
Legal residents are morally superior
Takes a long time to get a visa approved to come to the US
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Labeled in the constitution as nonpersons therefore not protected by
constitutional rights
Cumulative causation: reunification policies in the US encourage further
migration by giving preference to family members living in the country
United States immigration policy and enforcement procedures contradict the
nations self- expressed national ideals and cultural rights of citizens and
non-citizens (2-5, 111)
Devalues the right to family unity as an inalienable human right
In the wake of 9/11, the Department of Homeland Security was founded to
protect America from the threat of terrorist attacks
Being constructed as an illegal presence:
Allows for rampant employer exploitation of undocumented migrant
workers
Creates a controlling image of who is undocumented; entire communities
(whether undocumented or not) are then socially, politically, and culturally
excluded, while physically present here but not here
Allows immigrants (documented or undocumented) to be constructed as a
threat to security, the economy, and the culture
Restrictive immigration policies created the illegal immigrant:
As a new political and economic subject, whose inclusion within the nation was
simultaneously a social reality and a legal impossibilitya subject barred from
citizenship and without rights Ngai : 
Creating Illegal Entry: 9 Johnson-Reed Act:
Congressman Albert Johnson argued the Act was necessary to ward off:
a stream of alien blood with all its inherited misconceptions respecting the
relations of the governing power to the governed.
1965 Immigration Act
Ended race-based caps
First-time caps on western hemisphere migration
Texas Proviso
Immigration Reform and Control Act (IRCA)
Two pathways to citizenship
o General: continuous residency since 1982
o SAW (for agricultural workers): had to prove they worked in the US
for at least 90 days
More $$$ for border patrol
o Southern enforcement strategy
End to Texas Proviso
o Penalties for knowingly hiring undocumented workers
o Legal loophole if proved unaware
Last major reform to immigration system in US
Established what is true today
No single country can accept more than 7% of total applicants
o Problem: different demands, different conditions, different
population
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)
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Clinton-era policy increased criminalization of immigrants:
o Expanded definition of aggravated felony for immigrants
Making more things an aggravated felony
Anything that could get you up to a year in jail or more
3 misdemeanours
Documented or undocumented
o Allowed for retroactive deportations
Could be deported for something done earlier on
o Longer mandatory expulsion periods
Undocumented found out less than a year banned for three
years if over a year banned for ten years
o Due process restrictions
Not required to know charges against you
Can be held indefinetly
No right to lawyer even kids and disabled
o Increased budgeting for immigration enforcement
Department of Homeland Security:
ICE and CNS
Suggests that immigrants are a threat
Changed in the 2000s from the department of labor
Are there too many immigrants?
Number of immigrants in U.S. increased from about 24.5 million (9% of
population) in 1995 to 42.3 million (13% of population) in 2014
o Despite growth, U.S. population growth over the same time period has
been stable (currently about .7%).
o Immigration has declined since its peak in mid-2000s
Immigrants are, on average, older than U.S. natives (43.5 to 37.3,
respectively)
o (owever, the bulk of the population are working age 8-64), 80% of
immigrants and 60% of native-born, respectively.
Since 2009, the population of undocumented immigrants has been stagnant
(virtually non-changing)
How have US policies shaped documented and undocumented migration?
Hart-Cellar Act: ended race-based caps opening up new regions of
migration, now mast majority comes from places other than Europe
Takes too long for application
How are immigrants constructed as a threat?
Refuse to assimilate take away from culture (white privilege)
Take away jobs, economic threat
Threat to safety, under homeland security
Criminalize
Borders:
Bulk of attention of closing the borders is on the U.S.-Mexico border:
Since the 1990s, focus has been on militarization and enforcement:
o 1994: several miles of heavy fencing, approx. 4,000 border agents
o 2011: 650 miles of heavy fencing, approx. 19,000 border agents
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Document Summary

1882: chinese exclusion act: first federal immigration policy. 1917-1924: establish visa requirement from johnson reed act, which created quota/bans. Gentlemen(cid:495)s agreement: exclude japanese (cid:498)white(cid:499) and thus eligible for citizenship. Only people who were (cid:498)white(cid:499) or (cid:498)formerly enslaved(cid:499) african americans. 1900s-1950s: supreme court cases establish and reaffirm who is considered. 1965: hart-cellar act: reaffirms the 1950s quota system and emphasis on high- skilled workers and family reunification were eligible. Allows texas employers to hire undocumented workers without penalty. 1922 takoa-ozawa v us: japanese should be eligible under the that was originally their homeland: incapable of assimilating. Naturalization act, which limited citizenship to whites and blacks: ruled not white, therefore, ineligible for citizenship. Immigration nation: 1776-1800s open door era of immigration, when there were limitations, europeans favored, europeans benefited disproportionately from discretionary policies that allowed certain (cid:498)illegal(cid:499) immigrants to legalize status. Labeled as criminals and shouldn(cid:495)t be rewarded. Takes a long time to get a visa approved to come to the us.

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