Ruben J. Garcia – Labor’s Approach to Immigration: How Does Law Matter?

 

Labor’s Approach to Immigration: How Does Law Matter?

Seminar to be held in ERC 115 at 2:00 pm.
While many U.S. and Canadian unions historically marginalized immigrant workers, by the early 1990s, key unions achieved success organizing immigrant workers and adopted more progressive immigration policies. North America’s major labor federations also made significant changes. The Canadian Labour Congress created a National Anti-Racism Task Force in 1994 to address, among other issues, the links between racism and Canadian immigration policies. In 2000, the AFL-CIO reversed its previous support for legislation that contributed to the discrimination and intimidation of immigrants. Then in 2003, a coalition of major U.S. unions, NGOs and community groups organized the Immigrant Workers Freedom Ride to call attention to the rights of immigrants.

This paper argues that shifts in union immigration policies emerge not only out of demographic changes that generate the need to organize immigrant workers, but also reflect larger changes wrought by processes of economic integration. It also suggests that unions’ adoption of less draconian immigration policies provide new political arenas for transnational labor collaboration. A 1997 campaign conducted by the Teamsters, UFW, and Mexican labor activists to defend the rights of migrant farmworkers who had left their community in Mexico to work in the Washington apple industry provides one example. Another example is advocacy in favor of labor rights for undocumented workers by the AFL-CIO and affiliated unions in court cases. We believe these and other examples will show that transnational links and amicus advocacy led official federation policy on immigration reform. These examples show how social change occurs in large, diffuse organizations.

Ruben J. Garcia is Professor of Law at California Western School of Law in San Diego, where he has taught since 2003. He has held visiting appointments at the University of California, Davis School of Law and at the University of California, San Diego. Professor Garcia received an A.B. from Stanford University, a J.D. from UCLA School of Law, and an LL.M. from the University of Wisconsin Law School.  His research and teaching focus on the ways that race, gender, immigration and globalization impact the law of work. Professor Garcia’s scholarly work has appeared in a number of publications, including the University of Chicago Legal Forum, Hastings Law Journal, Florida State Law Review, Florida Law Review, the University of Pennsylvania Journal of Labor and Employment Law, the First Amendment Law Review, and the Journal of Gender, Race and Justice. He is currently finishing a book for New York University Press, titled Marginal Workers: How Legal Fault Lines Divide Workers and Leave Them Without Protection (2011).

Amada Armenta — Policing Immigrants or Immigration? The Implementation of 287(g) in Nashville

 

Seminar to be held in ERC 115 at 2:00 pm.
Amada Armenta will discuss her research on the implementation of the 287(g) program in Nashville, Tennessee. In April 2007, the Davidson County Sheriff’s Office began implementing the 287(g) program, which allows trained Sheriff’s deputies to screen all foreign born arrestees for immigration status and process them for removal. This particular paper focuses on how (or if) the adoption of the 287(g) program in Davidson County, affects the daily practices of city police officers whose arrests subject immigrants to screening in the jail, but who do not have immigration enforcement authority. Based on ride-alongs and interviews with Nashville police officers, Armenta’s research examines how field-level officers decide whether to arrest immigrants on misdemeanor violations to state law. Her findings show how officer behavior motivated by formal and de facto police department policies, create the perception that police are targeting immigrants for enforcement.

Amada Armenta is a doctoral candidate in the Department of Sociology at UCLA and a Predoctoral Research Fellow at the Center for Comparative Immigration Studies at UC San Diego. Her research has been supported by various organizations including the National Science Foundation, the American Society of Criminology, the American Sociological Association, the Social Science Research Council, and the Center for Comparative Immigration Studies. She has presented professional papers at numerous national conferences, and has been published in International Migration Review, Qualitative Sociology, and Work and Occupations. Her current research focuses on the politics and implementation of the 287(g) program in Nashville, Tennessee.

Randall Hansen – States, Migration, and International Cooperation: Can there be a global migration regime?

 

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States, Migration, and International Cooperation: Can there be a global migration regime?

Seminar to be held in ERC 115 at 2:00 pm.

Within the migration literature and policy circles, there is a enthusiasm for the international governance of migration. At their most ambitious, scholars hope to see the emergence of a global migration governance regime that would do for voluntary migration what the UNHCR has done for forced migration. Drawing on a three-year research project, Hanson’s paper critically examines global migration governance and explores the extent to which there can be any international cooperation of migration.

The paper begins with the assumption that cooperation in the area of migration is not natural; indeed, it is exceptionally difficult. States are rational, not altruistic (that is, they are motivated by that which benefits them and their electorates), and they are jealous guardians of power. It then makes three arguments. First, migration is not, as some argue, a public good (a good whose benefits are non-excludable), and therefore not an area in which there is a natural incentive to cooperate. Second, where cooperation occurs it is likely to be bilateral if it is formal, regional if it is informal, and rarely if ever global. The greatest scope for international cooperation is, therefore, to be found in informal, regional cooperation over migration Third, in terms of institutionalization, more is less: international cooperation will achieve more in substantive policy terms when it is informal, non-binding, and relatively closed to public scrutiny.

Randall Hansen is a Full Professor and Canada Research Chair in Immigration & Governance in the department of political science at the University of Toronto. His work covers immigration and citizenship and political history. He is author of  Citizenship and Immigration in Post-War Britain (OUP, 2000), Towards a European Nationality (w. P. Weil, Palgrave, 2001), Dual Nationality, Social Rights, and Federal Citizenship in the U.S. and Europe (w. P. Weil, Berghahn, 2002), Immigration and asylum from 1900 to the present [w. M. Gibney, ABC-CLIO, 2005]. His website is www.randallhansen.ca

Jennifer Hochschild — Genomic Science, Ancestry, and Racial Construction: New Complexity in the American Racial Order

 

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Genomic Science, Ancestry, and Racial Construction: New Complexity in the American Racial Order

Seminar to be held in ERC 115 at 2:00 pm.

Jennifer L. Hochschild is Henry LaBarre Jayne Professor of Government at Harvard University, with a joint appointment in the Department of African and African American Studies and a lectureship in the Harvard Kennedy School. She taught at Princeton University before moving to Harvard in 2000. Hochschild recently co-edited (with John Mollenkopf) Bringing Outsiders In: Transatlantic Perspectives on Immigrant Political Incorporation (Cornell University Press, 2009), and recently co-authored (with Brenna Powell), “Racial Reorganization and the United States Census 1850-1930: Mulattoes, Half-Breeds, Mixed Parentage, Hindoos, and the Mexican Race” (Studies in American Political Development 2008). Current book projects include Transforming the American Racial Order: Immigration, Multiracialism, DNA, and Cohort Change (co-authored) and Facts in Politics: What Do Citizens Know and What Difference Does It Make? Hochschild was founding editor of Perspectives on Politics, vice-chair of the Board of Trustees of Russell Sage Foundation, and program co-chair for the annual convention of the American Political Science Association. She is a member of the American Academy of Arts and Sciences.

Patrick Simon — Beyond assimilation: The Second Generation in France

Beyond assimilation: The Second Generation in France

 

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Seminar to be held in ERC 115 at 2:00 pm.
After being one of the most renowned “assimilationnist’s country” in the world, France has recently been engaged in quick changes in its framing of incorporation of “immigrants”. Indeed, not only the concepts and theories used to portray the processes behind the “remaking of the French mainstream” have dramatically changed but the categories of those targeted by these processes have also been renewed. Access of “new second generations” (i.e. those born from the waves of immigration of the 1950s and 1960s) to the job market and their visibility in social, political and cultural life have challenged the “French model of integration”.

This presentation will confront the normative model of integration, the so-called republican model, to the prospects of the second generation. I will argue that the salience of race and ethnicity for minority members in contemporary France is challenging the expectations of a convergence in norms, values and practices at the second generation. A specific attention will be given to the role played by religion (Islam) and political participation. Data come from a new survey Trajectories and Origins: a survey on population diversity in France, which is the largest survey ever done in France on immigrants and second generation. Promoted by INED and the French National Statistical Institute (INSEE), the survey gathered information via a long questionnaire administered in face-to-face interviews to 22 000 respondents from 5 specific sub-samples: Immigrants (8300), descendents of Immigrants (8200), Overseas French (700), descendents of Overseas French (700) and “mainstream population” (3900). The questionnaire covers wide-ranging areas of social experience (education, employment, housing, family formation, language, religion, transnational ties, political participation and citizenship…) and focuses on experiences of discrimination and identity. Findings on religion, political participation, employment, neighborhoods and discrimination will be presented to support the thesis of an ongoing process of racialization of the French society and the rise of ethnic and racial minorities.

Patrick Simon is Director of research at INED (Institut National d’Etudes Demographiques –National demographic institute) (F) and is fellow researcher at the Center of European Studies (CEE) at Sciences Po. He is currently Visiting Scholar at the Russell Sage Foundation in NYC and Fullbright Fellow. Train as socio-demographer at EHESS (Doctoral degree circa 1994), he has studied social and ethnic segregation in French cities, antidiscrimination policies and the integration of ethnic minorities in European countries. He has participated to several European projects, such as URBEX (The spatial dimensions of Urban Social Exclusion and Integration) and EMILIE (A European Approach to Multicultural Citizenship. Legal Political and Educational Challenges). He is coordinating the RTN TIES funded by Marie Curie funds. He is chairing the scientific panel “Integration of immigrants” at the IUSSP (International Union for the Scientific Studies of Population) and has been appointed as a member of the Scientific Board of the Fundamental Rights Agency of the European Commission in Vienna.

Patrick Weil — Comparative Citizenship Laws: Recent Transformations

 

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Seminar to be held in ERC 115 at 2:00 pm.

Abstract for Professor Weil’s talk coming soon!

Patrick Weil is a Visiting Professor of Law and Robina Foundation International Fellow at Yale Law School and a senior research fellow at the French National Research Center in the University of Paris, Pantheon-Sorbonne.  Professor Weil’s work focuses on comparative immigration, citizenship, and Church States law and policy.  His most recent publications are How to be French?  A Nationality in the Making since 1789, from Duke University Press, “Why the French Laïcité is Liberal, Cardozo Law Review, June 2009, Vol. 30, Number 6, 2699-2714 and (with Son-Thierry Ly), “The Anti-racist Origins of the American Immigration Quota System.” Social Research, Volume 77, Number 1 (Spring 2010) pp.45-79.

Dr. Weil has worked extensively with the French government including participation in a 2003 French Presidential Commission on secularism, established by Jacques Chirac, and preparation of a report on immigration and nationality policy reform for Prime Minister Lionel Jospin in 1997 which led to the implementation of new immigration laws adopted the following year.  Dr. Weil also holds an appointment as Professor at the Paris School of Economics.

Stephen Lee — Unauthorized Migrant, Information Policy, and Workplace Enforcement.

 

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Seminar to be held in ERC 115 at 2:00 pm.


Professor Stephen Lee researches at the intersection of administrative law and immigration law and has been published in the Stanford Law Review and California Law Review. Prior to joining UCI School of Law, Professor Lee was a fellow at Stanford Law School, clerked for Judge Schroeder on the Ninth Circuit, and practiced at Skadden, Arps. Taking an expansive view of noncitizen rights, his current research examines the regulation of unauthorized migrants in the workplace. Professor Lee graduated from Berkeley Law in 2005.

Antje Ellermann — State against Migrants: The Politics of Deportation in Germany and the United States

State against Migrants: The Politics of Deportation in Germany and the United States
 
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Seminar to be held in ERC 115 at 2:00 pm.

In her talk, which is based on her recent book States Against Migrants, a comparative study of the contemporary politics of deportation in Germany and the United States, Antje Ellermann examines the capacity of the liberal state to make and implement deportation policy.  By tracing the politics of deportation across the entire policy cycle—starting with political agenda-setting and ending with street-level implementation— Ellermann is able to show that the deportation capacity of the state systematically varies across policy stages.  While the capacity to pass deportation law is contingent upon strong institutional linkages between the public and legislators—allowing for the representation of diffuse interests—the capacity for implementation depends upon the political insulation of bureaucrats.  In addition to uncovering variation across policy stages, Ellermann also finds that deportation capacity varies across countries, reflecting differences in political institutions.

Antje Ellermann is Assistant Professor of Political Science at the University of British Columbia.  She teaches and writes on the politics of international migration in advanced democracies, the study of the state and state capacity, and comparative public policy and its implementation. She is the author of States Against Migrants: Deportation in Germany and the United States (Cambridge, 2009). Her research on issues of immigration control, state coercion, and migrant resistance has also been published in Comparative Political Science, Politics & Society, West European Politics, and Government and Opposition. She has been the recipient of research grants by the Social Science Research Council in the United States, and, in Canada, by the Social Sciences and Humanities Research Council and the Department of Foreign Affairs and International Trade.

Aarti Kohli – Operation Streamline: Assembly-Line Justice at the Border

Aarti Kohli – Operation Streamline: Assembly-Line Justice at the Border
 

Please listen (above) to the Research Seminar given by Aarti Kohli on May 18, 2010. We also encourage you to subscribe to our CCIS Podcast and listen to all of our research seminars for free!


Aarti Kohli, director of immigration policy at the Warren Institute, will discuss a recent research project examining a Department of Homeland Security program that requires the federal criminal prosecution and imprisonment of all unlawful border crossers. The program, known as Operation Streamline, mainly targets migrant workers with no criminal history and has resulted in skyrocketing caseloads in many federal district courts along the border. From 2007 to 2008, federal prosecutions of immigration crimes nearly doubled, reaching more than 70,000 cases.

To understand how Operation Streamline is working, the Warren Institute conducted interviews with judges, U.S. attorneys, defense attorneys, Border Patrol representatives and immigration lawyers in four cities where versions of the program are in place in Texas, New Mexico, and Arizona. The Warren Institute’s report concludes that Operation Streamline raises significant legal and policy concerns. The program likely diverts crucial law enforcement resources away from fighting violent crime along the border, fails to demonstrate that it effectively reduces undocumented immigration, and violates the U.S. Constitution. This project also examines the Southern District of California as an alternative to Operation Streamline.

Aarti Kohli is Director of Immigration Policy at the Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity at Berkeley School of Law. Her area of expertise is immigration law and policy. She leads the institute’s immigration initiative with the goal of connecting research with civic action and policy debate. Her work has focused on the following topics, among others: racial profiling in immigration enforcement, the intersection of criminal and immigration law; impact of deportations on U.S. citizen children, legal restrictions on immigrant access to healthcare; economic, social, and legal implications of state and local laws on immigrant integration.

She has served as a Consultant to the Office of Children’s Issues for the U.S. Department of State. Formerly, she was Judiciary Committee and Immigration and Claims Subcommittee counsel to Representative Howard Berman (D-CA). Prior to working for Congress, she served as Assistant Legislative Director at UNITE union in Washington DC. In addition, she has also worked as a consultant to the National Immigration Law Center, the Women’s Commission for Refugee Women and Children, and the National Immigration Forum. Aarti holds a J.D. from University of California Hastings College of the Law and a B.A. from UC Berkeley in Development Studies. She is a member of the California Bar.

Kitty Calavita — Immigration, Race, and Law in Italy: The Political Economy of Backlash

Begins at 2:00 in the Eleanor Roosevelt Administration Building Conference Room

Italy has one of the fastest-growing immigrant populations in Europe. In this presentation, Calavita explores immigration law, the role of immigrant labor in the economy, and the racialization of immigrants in Italy. She notes that Italy has one of the lowest birthrates in the world and one of the oldest populations, and that immigrants help offset population declines and provide a critical labor force in many sectors and jobs at wages eschewed by Italians. She analyzes the current political backlash and racialization of immigrants within the context of a fundamental contradiction between the economic utility of immigrants as a third-world workforce and political rhetoric calling for their “integration.”

Kitty Calavita is Chancellor’s Professor of Criminology, Law and Society at the University of California, Irvine. She has conducted research and published widely in the field of immigration and immigration lawmaking. Her work is both contemporary and historical, U.S.-based and comparative. An early book, Inside the State: The Bracero Program, Immigration, and the INS, used unpublished archival material to document the internal dynamics of the INS in shaping the Bracero Program, and connected structural contradictions in the political economy to the details of agency decisionmaking. Her recent book, Immigrants at the Margins: Law, Race, and Exclusion in Southern Europe (Cambridge, 2005), examines immigrant marginalization in Italy and Spain, and the formal and informal legal processes that contribute to it.

Her most recent book is Invitation to Law & Society: An Introduction to the Study of Real Law (University of Chicago Press, 2010). Interweaving scholarship with personal anecdotes and humor, it is an engaging and accessible guide to the prominent issues and distinctive approaches in the field of law & society. Neither introductory text nor scholarly monograph, the book is meant for students and colleagues alike.

She has launched a new research agenda, together with her colleague Valerie Jenness,  that explores some of these issues of race, marginalization, and legal processes within the venue of prisons. She is interested specifically in the implementation of the informal grievance process in California prisons, and what the use of this process can tell us about prisoners’ legal consciousness, as well as about rights consciousness and prison life more generally. The study includes archival data from  prisoners’ written grievances, as well as interviews with current prisoners and corrections officials.