Criminalizing Immigration: Perspectives on Regulation, Citizenship, and Advocacy

ISS Immigration Project Spring 2012 Workshop
Ballroom B, Statler Hotel
Friday, March 30, 2012

 

Logistics

Sponsor: ISS Immigration Theme Project

Workshop location: The program will be held in Ballroom B of the Statler Hotel; the lunch will be held in Ballroom A of the Statler Hotel. (Directions)
Speakers’ lodging: Statler Hotel, 130 Statler Drive, Cornell University, Ithaca, NY 14853-6901 (Directions)
Accessibility accommodation: socialsciences@cornell.edu
Contact: socialsciences@cornell.edu

 

Organizers

Maria Cook: ISS Immigration Team Member; Professor, Dept. of International and Comparative Labor

Maria Cristina Garcia: ISS Immigration Team Member and Howard A. Newman Professor of American Studies, Dept. of History
Kate Griffith: ISS Immigration Team Member and Proskauer Assistant Professor of Employment and Labor Law, Department of Labor Relations, Law, and History, Cornell University
Mary Katzenstein: ISS Immigration Team Member; Director, American Studies Program; and Stephen & Evalyn Milman Professor of American Studies, Dept. of Government and FGSS
Steve Yale-Loehr: ISS Immigration Team Associate; Adjunct Professor of Law; and Miller Mayer, LLP
Els de Graauw: ISS Immigration Research Associate, Cornell University, and Assistant Professor, Dept. of Political Science, Baruch College, CUNY

 

For More Information Contact: socialsciences@cornell.edu


Friday, March 30, 2012

Workshop  Schedule

8:30-9:00              Continental Breakfast

9:00-9:15              Welcome and Opening Remarks

I. Immigration Regulation and Enforcement

9:15-10:45            Panel 1. Detention and Deportation in Comparative Perspective

Moderator: Maria Cristina Garcia, ISS Immigration Team Member and Howard A. Newman Professor of American Studies, Department of History, Cornell University

For over half a century, immigration has been framed in political and popular discourse as a threat to national security. During the Cold War, immigration policy was shaped by the fear that immigrants might pose a subversive threat to the political order, while in recent decades–and especially since 9/11–policy has been shaped by the fear of international terrorism and criminal syndicates.  Given the reality of permeable borders, the state has relied increasingly on detention and deportation as tools for managing migration, and multilateral agreements between states now facilitate the sharing of information, technology, and personnel to assist in these efforts.  Detention and deportation policies have limited oversight and this has led to human rights abuses that often escape public attention. This panel will examine migration-related detention and deportation policies around the world, with a particular focus on North America.  Panelists will highlight such topics as the growing privatization of enforcement, the criminalization of immigration, possible alternatives to detention, and the unique needs of asylum-seekers, women, and children.

“Global Trends in the Use of Immigration Detention
Grant Mitchell, Director, International Detention Coalition

Grant Mitchell is a social anthropologist in international migration and leads the International Detention Coalition (IDC), a global network of 250 NGOs in 50 countries. Grant has extensive international experience in asylum and immigration detention policy. His work includes developing case management and alternatives to immigration detention models for asylum seekers in Australia and work with governments and civil society on alternatives to detention in the Americas, Middle East, Africa, Asia and Europe. Grant won the Australian Human Rights Award in 2002, and was nominated for the 2004 French Human Rights Prize for his work in assisting women and children in detention.

“Detention and Deportation of Migrants in Mexico:  Challenges as a Sending, Receiving and Transit Country in the Region”
Gretchen Kuhner, Founder and Co-Director, Instituto para las Mujeres en la Migración/Institute for Women in Migration in Mexico (IMUMI)

Gretchen Kuhner has experience in the areas of migration, refugees and trafficking of persons. Ms. Kuhner is a lawyer from the United States who has worked in Mexico since 1998, initially with Sin Fronteras, one of the leading migrant rights advocacy organizations in Mexico, and subsequently as a researcher and consultant for various organizations and foundations, including the American Bar Association, El Colegio de la Frontera Norte, the Ford Foundation, the MacArthur Foundation, and Catholic Relief Services.

“Lost at Sea: Comparing Detention Regimes from the Margins of the State”
Alison Mountz, Canada Research Chair in Global Migration Studies, Associate Professor, Balsillie School for International Affairs & WLU Department of Geography and Environmental Studies, Wilfrid Laurier University

Alison Mountz’s work examines border enforcement, asylum, and detention. Mountz published Seeking Asylum: Human Smuggling and Bureaucracy at the Border in 2010. She directs the island detentions project, which researches facilities off the shores of North America, Europe, and Australia where migrants are detained en route to sovereign territory.

10:45-11:00         Break

11:00-12:30          Panel 2. The Rise of Sub-national Immigration Regulation

Moderator: Kate Griffith, ISS Immigration Team Member and Proskauer Assistant Professor of Employment and Labor Law, Department of Labor Relations, Law, and History, Cornell University

Frustrated with the lack of action at the federal level, many state and local governments have taken immigration regulation into their own hands.  The National Conference of State Legislators, for instance, reports that forty-six state legislatures and the District of Columbia passed a total of 208 immigration laws and 138 resolutions in 2010.  This panel will focus on research related to both anti-immigrant and pro-immigrant regulations at the state and local levels.  Panelists will discuss why state and local governments have been so active in this area, legal and policy tensions that these laws raise and the role of local police in immigration enforcement.

“Local Police, Local Communities, and Immigration”
Monica W. Varsanyi, Associate Professor, Political Science, John Jay College of Criminal Justice, CUNY, & Doctoral Faculty, Geography, CUNY Graduate Center

Monica Varsanyi’s research addresses the politics of unauthorized immigration in the United States, specifically the growing tensions between local, state, and federal governments over immigration policy and enforcement.  Her edited volume, Taking Local Control:  Immigration Policy Activism in U.S. Cities and States was published by Stanford University Press in 2010.

“The Proportions of Deportation: State and Local Apportionment of Crimmigration Law”
Juliet Stumpf, Professor of Law, Lewis and Clark Law School

Juliet Stumpf’s current research explores the intersection of immigration law with criminal law and other substantive areas including constitutional law, civil rights, and employment law.  Her research is interdisciplinary, examining the insights that sociology, psychology, criminology, and political science bring to the study of immigration law. Stumpf is a Visiting Scholar at McGill University during spring 2012.

“Resistance and Progress:  Immigration Politics in Danbury, New Haven, Hartford, and East Haven”
Michael J. Wishnie, William O. Douglas Clinical Professor of Law, Yale Law School

Michael J. Wishnie’s teaching, scholarship, and law practice have focused on immigration, labor and employment, habeas corpus, civil rights, and veterans law. For years, Professor Wishnie and his students have represented grassroots organizations in a range of litigation, legislative, media, and community education matters. His publications include Immigration Law and Proportionality, 2 U.C.I. L. Rev.___ (forthcoming 2012).  Previously, Wishnie was Professor of Clinical Law at NYU School of Law and worked at the ACLU Immigrants’ Rights Project as a Skadden Fellow; in the Brooklyn office of The Legal Aid Society; and as a law clerk to Judge H. Lee Sarokin of the District Court of New Jersey and the Third Circuit and Justices Harry Blackmun, retired, and Stephen Breyer of the U.S. Supreme Court.

12:30-1:30            Lunch [Ballroom A, Statler Hotel]

II. Rights, Citizenship, Advocacy

1:30-3:00              Panel 3. Immigration, Rights, and Meanings of Citizenship

Moderator: Mary Katzenstein, ISS Immigration Team Member, Director of the American Studies Program, and Stephen & Evalyn Milman Professor of American Studies, Department of Government and Feminist, Gender, and Sexuality Studies Program, Cornell University

In the last decade and a half, immigration has come to be viewed increasingly through the framework of criminalization.   This panel combines theory and policy analysis to consider the changing character of rights in a liberal democratic society that such a shift in paradigm represents.  At a theoretical level, we will ask how the changing character of immigrant rights reflects back on the meaning of American liberalism.  Has the idea of a social contract built upon economic membership been displaced by one based largely on legal accountability? Are liberal constructs used mostly to challenge or to enable membership exclusion?  On a more specific policy level, what constructs of citizenship have been developed that extend or delimit the reach of rights claims?

“We Citizens: Irrationality in the Age of Reason”
Jacqueline Stevens, Professor, Political Science, Northwestern University

Jacqueline Stevens’ scholarship explores political theories of membership since antiquity and she publishes empirical research on immigration law enforcement, including the practices resulting in the unlawful deportation of United States citizens from the United States.  Professor Stevens’ work has appeared in Political TheoryAmerican Political Science ReviewJournal of Political PhilosophySocial TextThird World Quarterly, and many other academic and media venues.  Her books include States Without Nations: Citizenship for Mortals (Columbia University Press, 2009) and Reproducing the State (Princeton University, 1999). She is also a member of the Legal Studies Advisory Board at Northwestern University.  For more information, please see http://www.jacquelinestevens.org.

“No Right to Have Rights”
Leti Volpp, Professor of Law, UC Berkeley School of Law

Leti Volpp is the co-editor, with Mary Dudziak, of Legal Borderlands: Law and the Construction of American Borders (2006).  Her most recent work includes an edited symposium issue of the journal Issues in Legal Scholarship (2011) titled “Denaturalizing Citizenship,” and “Legal Imaginings of Space in Immigration Law” in Law, Culture, and the Humanities, (forthcoming 2012).

“Municipal ID Cards for Undocumented Immigrants: Building Inclusive Cities in a New Era of Immigration Enforcement”
Els de Graauw, ISS Immigration Research Associate, Cornell University, and Assistant Professor, Political Science, Baruch College, City University of New York (CUNY)

Els de Graauw’s research lies at the intersection of immigration studies, (sub)urban politics, civic organizations, and public policy. De Graauw received her Ph.D. in 2008 in Political Science from the University of California, Berkeley, and was a post-doctoral researcher at the Harvard Kennedy School of Government in 2008-09.

3:00-3:15              Break

3:15-4:45              Roundtable 4.  Strategies for Immigrant Advocacy: Challenges and Alternatives

Moderator: Maria Lorena Cook, ISS Immigration Team Member and Professor, Dept. of International and Comparative Labor, Cornell University

In light of the criminalization of immigrants and the more restrictive enforcement policies outlined in earlier panels, how are advocates for immigrants carrying out their work? This will be a roundtable in which speakers and workshop participants will discuss the challenges that immigrant advocates face and possible alternative strategies. How do advocates overcome anti-immigrant discourse and policy? How might advocates craft arguments and forge alliances that prove effective in winning demands, garnering public support, and shifting policy? What coalitional strategies have proven effective? How do the scope and scale of work (local, national, international) affect advocacy strategies?

Lucas Guttentag is Robina Foundation Distinguished Senior Research Scholar in Law and Lecturer in Law at Yale Law School. He is the founding National Director of the Immigrants’ Rights Project of the American Civil Liberties Union Foundation. Mr. Guttentag has litigated class action and constitutional cases to advance the legal rights of immigrants and refugees in federal courts throughout the United States, including in the Supreme Court, for more than twenty-five years. He has taught at the University of California at Berkeley (Boalt Hall), Stanford, and Columbia Law Schools. He is a graduate of U.C. Berkeley and Harvard Law School.

Tom Barry, senior analyst at the Center for International Policy in Washington, D.C., directs the TransBorder Project. Barry, who lives in southwestern New Mexico, has authored numerous books about U.S. foreign policy and Latin America. His most recent book is Border Wars (MIT Press, 2011). Barry produces the Border Lines Blog: http://borderlinesblog.blogspot.com/.  His investigative article on immigrant imprisonment in the Boston Review, “A Death in Texas,” was a National Magazine Award finalist in 2009.

Michelle Fei, Co-Director of the Immigrant Defense Project, focuses her substantive work on community education and policy initiatives, including by designing and conducting educational programs about criminal-immigration issues, providing accessible analyses of legislative proposals, and challenging deportation programs. She, along with Mizue Aizeki, formerly of the Northern Manhattan Coalition for Immigrant Rights, successfully led the campaign to end “Secure Communities” in New York in 2011. Michelle graduated from NYU Law School in May 2003.

Grant Mitchell is a social anthropologist in international migration and leads the International Detention Coalition (IDC), a global network of 250 NGOs in 50 countries. Grant has extensive international experience in asylum and immigration detention policy. His work includes developing case management and alternatives to immigration detention models for asylum seekers in Australia and work with governments and civil society on alternatives to detention in the Americas, Middle East, Africa, Asia and Europe. Grant won the Australian Human Rights Award in 2002, and was nominated for the 2004 French Human Rights Prize for his work in assisting women and children in detention.

4:45-5:00—Closing Remarks