Reagan’s 1986 immigration reform law offered a composite of contradictory measures: sanctions curtailed employment of undocumented workers while other programs enhanced labor supply. Immigration law today continues the theme of contradictions and unmet goals. But hasn’t it always been so? Examining a century of U.S. immigration laws, from the nation’s early stages of industrialization to enactment of the quota system, Kitty Calavita explores the hypocrisy, subtext, and racism permeating an unrelenting influx of European labor. Now in its second edition, this groundbreaking book offers a materialist theory of the state to explain the zigzagging policies that alternately encouraged and ostensibly were meant to control the influx. The author adds a 2020 Preface to place the historical record into modern relief, even in the age of presidential characterization of immigrants as violent criminals and terrorists. Writing in a new Foreword, Susan Bibler Coutin is “struck by the relevance of Calavita’s analysis to current debates over immigration policy,” as this social history “reveals alternatives to the present moment: over much of U.S. history, government officials actively recruited immigrants, even when segments of the public sought restrictions.” The aim was not “social justice or human rights, but rather to fuel economic expansion, depress wages, and counter unionization.” The book is commended to a wide audience: “The theoretical discussion is accessible to new students as well as established scholars, and the rich documentary record sheds light on how current dynamics were set in motion.” “Calavita lucidly and brilliantly clarifies the linkages among economic structure, ideology, and law making. She effectively depicts the history of U.S. immigration legislation as a series of attempted resolutions to recurring dilemmas rooted in the fiscal and legitimation crises facing the state.” — Marjorie Zatz, Vice Provost, UC-Merced, in International Migration Review (1986)

Reagan’s 1986 immigration reform law offered a composite of contradictory measures: sanctions curtailed employment of undocumented workers while other programs enhanced labor supply. Immigration law today continues the theme of contradictions and unmet goals. But hasn’t it always been so? Examining a century of U.S. immigration laws, from the nation’s early stages of industrialization to enactment of the quota system, Kitty Calavita explores the hypocrisy, subtext, and racism permeating an unrelenting influx of European labor. Now in its second edition, this groundbreaking book offers a materialist theory of the state to explain the zigzagging policies that alternately encouraged and ostensibly were meant to control the influx. The author adds a 2020 Preface to place the historical record into modern relief, even in the age of presidential characterization of immigrants as violent criminals and terrorists. Writing in a new Foreword, Susan Bibler Coutin is “struck by the relevance of Calavita’s analysis to current debates over immigration policy,” as this social history “reveals alternatives to the present moment: over much of U.S. history, government officials actively recruited immigrants, even when segments of the public sought restrictions.” The aim was not “social justice or human rights, but rather to fuel economic expansion, depress wages, and counter unionization.” The book is commended to a wide audience: “The theoretical discussion is accessible to new students as well as established scholars, and the rich documentary record sheds light on how current dynamics were set in motion.” “Calavita lucidly and brilliantly clarifies the linkages among economic structure, ideology, and law making. She effectively depicts the history of U.S. immigration legislation as a series of attempted resolutions to recurring dilemmas rooted in the fiscal and legitimation crises facing the state.” — Marjorie Zatz, Vice Provost, UC-Merced, in International Migration Review (1986)

This research questions the seemingly ossified premise that states have an absolute discretion to control international migration. Applying Max Weber’s theories of legitimacy, it determines that while states have certain traditionally legitimate functions, migration control, as distinct from the determination of citizenship, is not one such function. Measures of migration control must thus be justified on a rational-legal basis, that is, on a minimal evidential basis. Acknowledging the many obstacles states face in carrying out this legitimising exercise, it is suggested that a supranational approach at the regional level is the most sustainable long-term model, with an ultimate aim of achieving inter-regional cooperation on migration management on the basis of equality between regions.

This timely book explores immigration into the United States and the effect it has had on national identity, domestic politics and foreign relations from the 1920s to 2006. Comparing the immigration experiences of Chinese, Japanese, Mexicans, Cubans, Central Americans and Vietnamese, this book highlights how the US viewed each group throughout the American century, the various factors that have shaped US immigration, and the ways in which these debates influenced relations with the wider world. Using a comparative approach, Montoya offers an insight into the themes that have surrounded immigration, its role in forming a national identity and the ways in which changing historical contexts have shaped and re-shaped conversations about immigrants in the United States. This account helps us better understand the implications and importance of immigration throughout the American century, and informs present-day debates surrounding the issue.

“Immigration is now front-page news, and to grasp the background of current issues this is the book to read.” —David Reimers, author of Unwanted Strangers: American Identity and the Turn Against Immigration As renowned historian Roger Daniels shows in this brilliant new work, America’s inconsistent, often illogical, and always cumbersome immigration policy has profoundly affected our recent past. The federal government’s efforts to pick and choose among the multitude of immigrants seeking to enter the United States began with the Chinese Exclusion Act of 1882. Conceived in ignorance and falsely presented to the public, it had undreamt of consequences, and this pattern has been rarely deviated from since. Immigration policy in Daniels’ skilled hands shows Americans at their best and worst, from the nativist violence that forced Theodore Roosevelt’s 1907 “gentlemen’s agreement” with Japan to the generous refugee policies adopted after World War Two and throughout the Cold War. And in a conclusion drawn from today’s headlines, Daniels makes clear how far ignorance, partisan politics, and unintended consequences have overtaken immigration policy. Irreverent, deeply informed, and authoritative, Guarding the Golden Door presents an unforgettable interpretation of modern American history. “Engaging and lively.” —Publishers Weekly “As Americans continue to debate immigration in a world divided by international terrorism, few books offer a fuller context for the key issues.” —Booklist “A powerful and provocative argument about why the United States has remained an immigrant country—and why it should stay one for its own benefit.” —Eric Rauchway, author of Murdering McKinley

International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.

Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.