The Accidental History of the U.S. Immigration Courts: War, Fear, and the Roots of Dysfunction

Author:   Alison Peck
Publisher:   University of California Press
ISBN:  

9780520381179


Pages:   240
Publication Date:   26 May 2021
Format:   Hardback
Availability:   Out of stock   Availability explained
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.

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The Accidental History of the U.S. Immigration Courts: War, Fear, and the Roots of Dysfunction


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Overview

How the immigration courts became part of the nation’s law enforcement agency—and how to reshape them. During the Trump administration, the immigration courts were decried as more politicized enforcement weapon than impartial tribunal. Yet few people are aware of a fundamental flaw in the system that has long pre-dated that administration: The immigration courts are not really “courts” at all but an office of the Department of Justice—the nation’s law enforcement agency.   This original and surprising diagnosis shows how paranoia sparked by World War II and the War on Terror drove the structure of the immigration courts. Focusing on previously unstudied decisions in the Roosevelt and Bush administrations, the narrative laid out in this book divulges both the human tragedy of our current immigration court system and the human crises that led to its creation. Moving the reader from understanding to action, Alison Peck offers a lens through which to evaluate contemporary bills and proposals to reform our immigration court system. Peck provides an accessible legal analysis of recent events to make the case for independent immigration courts, proposing that the courts be moved into an independent, Article I court system. As long as the immigration courts remain under the authority of the attorney general, the administration of immigration justice will remain a game of political football—with people’s very lives on the line.  

Full Product Details

Author:   Alison Peck
Publisher:   University of California Press
Imprint:   University of California Press
Dimensions:   Width: 15.20cm , Height: 2.50cm , Length: 22.90cm
Weight:   0.499kg
ISBN:  

9780520381179


ISBN 10:   0520381173
Pages:   240
Publication Date:   26 May 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Out of stock   Availability explained
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.

Table of Contents

Acknowledgments Preface  Part I. Crisis in the Immigration Courts 1. The Attorney General's Immigration Courts 2. Whittling Away at Asylum Law 3. Policing the Immigration Courts Part II. From World War II to 9/11: The Ghost of the Fifth Column 4. A New Type of Tough in the Department of Labor 5. Refusal 6. Invasion 7. The Welles Mission 8. Alien Enemies 9. Reckoning  10. Un Día de Fuego  11. President Bush's Department  Part III. The Future of the Immigration Courts 12. Checks and Imbalances 13. Reforming the Immigration Courts  Epilogue: Portrait of an American in the Twenty-First Century  Notes  Bibliography Index

Reviews

An eye-opening look at how the history and structure of U.S. immigration courts contribute to present-day problems. . . . Supported with lucid legal analysis and incisive historical details, this is a persuasive call for change. * Publishers Weekly * Sometimes there are books that leave you much better for the experience. This is one of them. . . . Alison Peck has filled a major gap, setting out a roadmap toward possible legislative alternatives to this unsatisfactory arrangement by offering the Title I Tax Court as a better option. If this is to happen, it will almost certainly have to be as a function of comprehensive immigration reform, a tantalizing oasis in the current political desert. If that happens, I will listen to her very carefully, as I did here. * Southwestern Historical Quarterly * Highly readable and informative. . . . A valuable lens through which to see the problems and politics of the US immigration system. * CHOICE *


An eye-opening look at how the history and structure of U.S. immigration courts contribute to present-day problems. . . . Supported with lucid legal analysis and incisive historical details, this is a persuasive call for change. * Publishers Weekly *


An eye-opening look at how the history and structure of U.S. immigration courts contribute to present-day problems. . . . Supported with lucid legal analysis and incisive historical details, this is a persuasive call for change. * Publishers Weekly * Sometimes there are books that leave you much better for the experience. This is one of them. . . . Alison Peck has filled a major gap, setting out a roadmap toward possible legislative alternatives to this unsatisfactory arrangement by offering the Title I Tax Court as a better option. If this is to happen, it will almost certainly have to be as a function of comprehensive immigration reform, a tantalizing oasis in the current political desert. If that happens, I will listen to her very carefully, as I did here. * Southwestern Historical Quarterly *


Author Information

Alison Peck is Professor of Law and Codirector of the Immigration Law Clinic at West Virginia University College of Law.

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