Alienated: Immigrant Rights, the Constitution, and Equality in America

By Victor C. Romero | Go to book overview

Notes

NOTES TO THE INTRODUCTION

1. Two issues are worth clarifying here: first, I do not plan to draw technical legal distinctions between noncitizens at a U.S. port of entry or border (e.g., airport, wharf, or San Diego-Tijuana), nor do I plan to draw precise, lawyerly distinctions between legal permanent residents, temporary visitors (like students or tourists), and undocumented migrants based on factors such as the person's intent to remain in the United States permanently or the person's length of residence in the United States, legal or illegal. Second, while interesting, I choose not to weigh in on several other important constitutional immigration law issues, such as the applicability of international norms to protect non-U.S. citizens or the extraterritorial application of the U.S. Constitution. For more on the former, see, e.g., Yasemin Nuhog

u Soysal, Limits of Citizenship: Migrants and Postnational Membership in Europe (Chicago: University of Chicago Press, 1994); for more on the latter, see, e.g., Gerald L. Neuman, Strangers to the Constitution: Immigrants, Borders, and Fundamental Law (Princeton: Princeton University Press, 1996).

2. Hap Palmer, Baby Songs: ABC, 123, Colors and Shapes (Backyard Enterprises, 1999).

3. Philip Gleason, “American Identity and Americanization,” in Concepts of Ethnicity, ed. William Petersen, Michael Novak, and Philip Gleason (Cambridge, MA: Harvard University Press, 1982), 62.

4. See, e.g., Ian F. Haney López, White by Law: The Legal Construction of Race (New York: NYU Press, 1996). Haney Lopez outlines in great detail the extent to which “whiteness” was, and is, a social construction as a means to preserve privilege.

5. Act of May 26, 1924, ch. 190, U.S. Statutes at Large 43 (1924): 153.

6. U.S. Code 8 (2003) § 1153(c) (describing diversity visa program).

7. Korematsu v. United States, 323 U.S. 214 (1944).

8. Peter Irons, The Courage of Their Convictions: Sixteen Americans Who Fought Their Way to the Supreme Court (New York: Free Press, 1988; reprint, Penguin, 1990), 42. Citations are to the Penguin edition.

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