Detain and Punish

Author(s):  
Carl Lindskoog

In Detain and Punish, Carl Lindskoog provides the first in-depth history of immigration detention in the United States. Employing extensive archival research to document the origins and development of immigration detention in the U.S. from 1973 to 2000, it reveals how the world’s largest detention system originated in the U.S. government’s campaign to exclude Haitians from American shores, and how resistance by Haitians and their allies constantly challenged the detention regime. From the Krome Avenue Detention Center in Miami, to Guantanamo Bay, Cuba, and to jails and prisons across the country, Haitians have been at the center of the story of immigration detention. Contrary to the notion that immigration detention serves a merely administrative function, this history shows the intentionally punitive design of the modern detention regime. From its origin, immigration detention was designed to deter asylum seekers and unauthorized migrants by depriving them of their liberty; to detain and punish. And while Haitians were the first to be targeted by this deterrence-through-punishment policy, Central American asylum seekers and many others were soon ensnared in the expanding web of detention. Just as immigration detention was re-emerging in the late-1970s, taking root in the 1980s, and then exploding in the 1990s, the United States was constructing a parallel system of mass incarceration for its own citizens. Racialized mass incarceration for both citizens and non-citizens thus emerged as a critical element of social, political, and economic life in the United States in the late-twentieth century. This book explains how it came to be.

2018 ◽  
pp. 99-125
Author(s):  
Carl Lindskoog

Chapter 5 examines the government’s first detention camp at the U.S naval base in Guantanamo Bay, Cuba, and the experience of the Haitian refugees—the original Guantanamo detainees—held there from 1991 to 1994. An important part of this history also involves the government’s detention of HIV-positive Haitians in the world’s first and only “HIV prison camp.” Examining the political and legal challenges to the government’s use of off-shore detention at Guantanamo, this chapter illuminates the history of the legal struggle over the government’s authority to detain in such extraterritorial facilities and debates over how far the U.S. Constitution might reach beyond the United States’ territorial boundaries, and when exercising the U.S. Constitution can lead to human rights abuses.


2018 ◽  
pp. 1-11
Author(s):  
Carl Lindskoog

This chapter introduces the problem of immigration detention and reviews its history, noting that the policy of detention was discontinued in 1954 but then began to re-emerge in the 1970s and was formally reinstituted in 1981. What led to the return of immigration detention in the United States and how did the detention system become the behemoth that it is today, the introduction asks. It then lays out the main arguments and framework of the book, emphasizing the central role that Haitians have played in the history of immigration detention and making connections to the broader history and scholarly literature of immigrant and refugee resistance, race and citizenship, and mass incarceration. The introduction concludes with a chapter-by-chapter overview of the book.


2018 ◽  
pp. 126-144
Author(s):  
Carl Lindskoog

Haitian detention at Guantanamo Bay continued to focus attention on U.S. detention practice in 1995 as the government’s detention of hundreds of unaccompanied Haitian youth generated enormous controversy and loud calls for their freedom. Chapter 6 documents this struggle over child detention before it moves to an examination of two key pieces of legislation in 1996 that had a decisive impact on the history of immigration detention in the U.S. The Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration and Immigrant Responsibility Act (IIRIRA) were measures that consummated the marriage of immigration restriction and mass incarceration, devastated immigrant communities, and led to an enormous expansion of the immigration detention system. Finally, chapter 6 illustrates what the immigration detention system had become by the late 1990s and how, despite the extraordinary power and cruelty of the system, detainees continued to exercise resistance.


Author(s):  
Rosina Lozano

An American Language is a political history of the Spanish language in the United States. The nation has always been multilingual and the Spanish language in particular has remained as an important political issue into the present. After the U.S.-Mexican War, the Spanish language became a language of politics as Spanish speakers in the U.S. Southwest used it to build territorial and state governments. In the twentieth century, Spanish became a political language where speakers and those opposed to its use clashed over what Spanish's presence in the United States meant. This book recovers this story by using evidence that includes Spanish language newspapers, letters, state and territorial session laws, and federal archives to profile the struggle and resilience of Spanish speakers who advocated for their language rights as U.S. citizens. Comparing Spanish as a language of politics and as a political language across the Southwest and noncontiguous territories provides an opportunity to measure shifts in allegiance to the nation and exposes differing forms of nationalism. Language concessions and continued use of Spanish is a measure of power. Official language recognition by federal or state officials validates Spanish speakers' claims to US citizenship. The long history of policies relating to language in the United States provides a way to measure how U.S. visions of itself have shifted due to continuous migration from Latin America. Spanish-speaking U.S. citizens are crucial arbiters of Spanish language politics and their successes have broader implications on national policy and our understanding of Americans.


2021 ◽  
pp. 1-29
Author(s):  
Smita Ghosh ◽  
Mary Hoopes

Drawing upon an analysis of congressional records and media coverage from 1981 to 1996, this article examines the growth of mass immigration detention. It traces an important shift during this period: while detention began as an ad hoc executive initiative that was received with skepticism by the legislature, Congress was ultimately responsible for entrenching the system over objections from the agency. As we reveal, a critical component of this evolution was a transformation in Congress’s perception of asylum seekers. While lawmakers initially decried their detention, they later branded them as dangerous. Lawmakers began describing asylum seekers as criminals or agents of infectious diseases in order to justify their detention, which then cleared the way for the mass detention of arriving migrants more broadly. Our analysis suggests that they may have emphasized the dangerousness of asylum seekers to resolve the dissonance between their theoretical commitments to asylum and their hesitance to welcome newcomers. In addition to this distinctive form of cognitive dissonance, we discuss a number of other implications of our research, including the ways in which the new penology framework figured into the changing discourse about detaining asylum seekers.


1988 ◽  
Vol 9 (2) ◽  
pp. 111-124
Author(s):  
Marian McDonald

November 1988 marks the tenth anniversary of the U.S. Government's adoption of guidelines for federally-funded sterilizations. This action was the result of years of organizing by the anti-sterilization abuse movement which grew in the early 1970s in response to the alarming increase in numbers of coercive sterilizations, particularly among poor and minority women. This retrospective examination looks at the strengths and weaknesses of anti-sterilization abuse organizing in the United States, and draws out lessons for other areas of work. It begins by exploring the problem of sterilization abuse and the history of the movement against it. The movement is analyzed using key theoretical concepts of community organizing. An evaluation indicates that the anti-abuse efforts were successful and rich with lessons for reproductive rights and other popular health struggles today.


2021 ◽  
Vol 90 (3) ◽  
pp. 345-376
Author(s):  
Elizabeth O’Brien Ingleson

In December 1977, a tiny group of U.S. glove makers—most of whom were African American and Latina women—launched a petition before the U.S. International Trade Commission calling for protection from rising imports. Their target was China. Represented by the Work Glove Manufacturers Association, their petition called for quotas on a particular kind of glove entering the United States from China: cotton work gloves. This was a watershed moment. For the first time since the Communist Party came to power in 1949, U.S. workers singled out Chinese goods in pursuit of import relief. Because they were such a small group taking on a country as large as China, their supporters championed the cause as one of David versus Goliath. Yet the case has been forgotten, partly because the glove workers lost. Here I uncover their story, bringing the history of 1970s deindustrialization in the United States into conversation with U.S.-China rapprochement, one of the most significant political transformations of the Cold War. The case, and indeed the loss itself, reveals the tensions between the interests of U.S. workers, corporations, and diplomats. Yet the case does not provide a simple narrative of U.S. workers’ interests being suppressed by diplomats and policymakers nurturing globalized trade ties. Instead, it also underscored the conflicting interests within the U.S. labor movement at a time when manufacturing companies were moving their production jobs to East Asia.


Author(s):  
Craig Allen

The first completely researched history of U.S. Spanish-language television traces the rise of two foremost, if widely unrecognized, modern American enterprises—the Spanish-language networks Univision and Telemundo. It is a standard scholarly history constructed from archives, original interviews, reportage, and other public materials. Occasioned by the public’s wakening to a “Latinization” of the U.S., the book demonstrates that the emergence of Spanish-language television as a force in mass communication is essential to understanding the increasing role of Latinos and Latino affairs in modern American society. It argues that a combination of foreign and domestic entrepreneurs and innovators who overcame large odds resolves a significant and timely question: In an English-speaking country, how could a Spanish-speaking institution have emerged? Through exploration of significant and colorful pioneers, continuing conflicts and setbacks, landmark strides, and ongoing controversies—and with revelations that include regulatory indecision, behind-the-scenes tug-of-war, and the internationalization of U.S. mass media—the rise of a Spanish-language institution in the English-speaking U.S. is explained. Nine chapters that begin with Spanish-language television’s inception in 1961 and end 2012 chronologically narrate the endeavor’s first 50 years. Events, passages, and themes are thoroughly referenced.


1989 ◽  
Vol 83 (4) ◽  
pp. 918-923
Author(s):  
Daniel M. Price

In response to a request by Canadian tax authorities under the United States-Canada Double Taxation Convention (Convention), the U.S. Internal Revenue Service (IRS) issued summonses to obtain U.S. bank records concerning certain accounts of respondents, Canadian citizens whose Canadian tax liability was under investigation. Respondents sought to quash the summonses, arguing that because under 26 U.S.C. §7609(b) the IRS is prohibited by U.S. law from using its summons authority to obtain information about a U.S. taxpayer once a case is referred to the Justice Department for prosecution, and because the tax investigation of respondents was part of a Canadian criminal investigation, the IRS should be precluded from using its summons authority to honor the Canadian request under the Convention. Unsuccessful in the district court, respondents prevailed in the U.S. Court of Appeals for the Ninth Circuit, which held that under the “good faith” standard applicable to enforcement of domestic summonses, the IRS may issue a summons pursuant to a Convention request only if it first determines and makes an affirmative statement to the effect that the Canadian investigation has not reached a stage analogous to a Justice Department referral by the IRS. The U.S. Supreme Court (per Brennan, J.) reversed, and held: (1) that if the summons is issued in good faith, it is enforceable regardless of whether the Canadian request is directed toward criminal prosecution under Canadian law; and (2) neither United States law nor anything in the text or the ratification history of the Convention supports the imposition of additional requirements. Justice Kennedy (joined by O’Connor, J.), concurring in part and in the judgment, filed a brief opinion to state his view that it is unnecessary to decide whether Senate preratification materials are authoritative sources for treaty interpretation. Justice Scalia, concurring in the judgment, wrote separately to oppose the use of such materials in treaty construction.


2010 ◽  
Vol 6 (2) ◽  
pp. 286-310 ◽  
Author(s):  
Emily Skop ◽  
Wei Li

AbstractIn recent years, the migration rates from both China and India to the U.S. have accelerated. Since 2000 more than a third of foreign-born Chinese and 40% of foreign-born Indians have arrived in that country. This paper will document the evolving patterns of immigration from China and India to the U.S. by tracing the history of immigration and racial discrimination, the dramatic transitions that have occurred since the mid-20th century, and the current demographic and socioeconomic profiles of these two migrant groups.


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