"Despite public concern with the increasing politicization of U.S. immigration courts, few people are aware of the system's fundamental flaw: the immigration courts are not really 'courts' but an office of the Department of Justice--the nation's law enforcement agency. Alison Peck's original and surprising account 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, this book divulges both the human tragedy of our current immigration system and the human crises that led to its creation. 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." -- back cover.

Almost All Aliens offers a unique reinterpretation of immigration in the history of the United States. Setting aside the European migrant-centered melting-pot model of immigrant assimilation, Paul Spickard, Francisco Beltrán, and Laura Hooton put forward a fresh and provocative reconceptualization that embraces the multicultural, racialized, and colonially inflected reality of immigration that has always existed in the United States. Their astute study illustrates the complex relationship between ethnic identity and race, slavery, and colonial expansion. Examining the lives of those who crossed the Atlantic, as well as those who crossed the Pacific, the Caribbean, and the North American Borderlands, Almost All Aliens provides a distinct, inclusive, and critical analysis of immigration, race, and identity in the United States from 1600 until the present. The second edition updates Almost All Aliens through the first two decades of the twenty-first century, recounting and analyzing the massive changes in immigration policy, the reception of immigrants, and immigrant experiences that whipsawed back and forth throughout the era. It includes a new final chapter that brings the story up to the present day. This book will appeal to students and researchers alike studying the history of immigration, race, and colonialism in the United States, as well as those interested in American identity, especially in the context of the early twenty-first century.

How the US asylum process fails to protect against claims of gender-based violence Through eyewitness accounts of closed-court proceedings and powerful testimony from women who have sought asylum in the United States because of severe assaults and death threats by intimate partners and/or gang members, Private Violence examines how immigration laws and policies shape the lives of Latin American women who seek safety in the United States. Carol Cleaveland and Michele Waslin describe the women’s histories prior to crossing the border, and the legal strategies they use to convince Immigration Judges that rape and other forms of “private violence” should merit asylum – despite laws built on Cold War era assumptions that persecution occurs in the public sphere by state actors. Private Violence provides much-needed recommendations for incorporating a gender-based lens in the asylum process. The authors demonstrate how policy changes across Presidential administrations have made it difficult for survivors of “private violence” to qualify for asylum. Private Violence paints a damning portrait of America’s broken asylum system. This volume illustrates the difficulties experienced by Latin American women who rely on this broken system for protection in the United States. It also illuminates women’s resilience and the determination of immigration attorneys to reshape asylum law.