My Blog

Shamica Mullings

Blog Post #1

According to Kanstroom there are two types of deportation laws. One is extended border control and the other is post entry social control. “The extended boarder control model implements basic features of sovereign power: the control of territory by the state and the legal distinction between citizens and non citizens.” (Kanstroom, p.5) This laws means that the deportation laws can be controlled by states and the states has the choice to round up all undocumented residents. “ Post entry social control deportation laws derive from what might be termed an “eternal probation” or an “eternal guest” model…this model would suggest that the millions of non citizens among us, including long term lawful permanent residents, are harbored subject to the whim of the government and maybe deported for any reason”. (Kanstroom, p.6) This law shows that at the discretion of the government they may deport illegal aliens and legal residents at anytime without cause.

The Missouri Compromise is an example of the extended border control law. The compromise developed two different citizens in America. The southern states allowed the distinction between citizens and non-citizens. African Americans in the south were classified as denizens or quasi-citizen regardless if they were natural born Americans. In North Carolina the state required all free slaves to wear an identifying shoulder patch. Another example of the extended border control law is the British takeover of the Acadians. The British forced the Acadians pledge allegiance to them and the forced them of there land and deported them. The control of territory is the reason why the seizure of Acadian territory falls under the extended border control law and he post entry social law.

The Alien Friends Law supports the post entry social law. The Alien Friends bill “sought to give the president authority to deport any alien whom he judged to be dangerous to the peace and safety of the United States…the president had the right to expel any foreigner who he had reasonable ground to suspect was concerned with treason or secret machinations of the government…with no provisions for trail”. (Kanstroom, p.56) This showed that the post entry social law allowed to government total control of who to deport with out a trial. This act is unconstitutional and an abuse of power. Another event that supported the post entry social control law and extended border control law is the case of Elk v. Wilkins, which stated that “an Indian born in the United States and living apart from his tribe was not a citizen under the Fourteenth Amendment…Indians were no more born in the United States and subject to the jurisdiction there of than children of foreign born” (Kanstroom, p.68) This case shows that even though the Indians occupied the land long before Americans. The Indians had no rights to citizenship and their land under extended border control and can be removed and forced to move further west at anytime.

Understanding the deportation laws using these the lens of extended border control law and post entry social control law is important and useful. It is important and useful because they both show the origins of deportation laws in this country. Understanding these laws is important because it shows what has failed and it has history as a reminder to never repeat such horrible injustices. The understanding of the deportation laws using these the lens of extended border control law and post entry social control law is just as important and useful to show how unconstitutional these practices were and the repercussions of the government having too much power.

Reference

Kanstroom, D. (2010). Deportation nation: outsiders in American history. Cambridge,

MA: Harvard University Press.


Blog Post #2

Deportation has been a minimal part of United States culture before 1798. Until 1862 to 1903 when a new system was introduced when the government found new ways for border control. “Federalization of immigration control; legitimization of federal deportation laws; and finally the addition of post-social control deportation laws to extend border control laws.” (Kanstroom, Deportation Nation, 92) These steps are the beginning of what Kanstroom’s calls “second wave”. What both Chapters have in common is patterns of constant discrimination and racism shadowed by deportation.

In Chapter three, the 1864 Immigration Act was introduced. This act was in favor of immigrants especially the Chinese. It allowed any labor contract made before an immigrant migrated to the United States honored; this Act was advantageous and instrumental to advancing immigration and equality. This persisted for about six years, until the Page Act of 1875 was introduced. “Which forbade the entry of certain Asian laborers brought to the United States” (Kanstroom, Deportation Nation, 94). In contrast to the Immigration Act of 1864, the Immigration Act of 1917 went in to the opposite direction. The Immigration Act of 1917 required the deportation of any persons including legal residents aliens who committed crimes before entering the country and should be deported. A crime involving “moral turpitude” was one of the legal devices applied to describe the reason behind these deportations. “Moral turpitude” is a term that was once used loosely, Courts now define “moral turpitude” as “conduct that is base, vile, or depraved, and contrary to the private and social duties man owes to his fellow men or to society in general” I believe that this standard is more clearly interpreted and has a solid meaning rather that it being interpreted the way the government once saw fit. (Kanstroom, Deportation Nation, 135).

The Immigration Act of 1917 was solely used to maintain social control and white supremacy in the United States and regulate anyone deemed as an “undesirable”, people whose characteristics includes but is not limited to “the lazy, psychically unfit, insane, idiotic, defective or degenerate” (Kanstroom, Deportation Nation, 132), this is parallel to the ideals of Edwin E. Grant who believed all immigrants were “Scum from the Melting Pot” and the best solution to rid American of the immigration problem was to “eliminate them at all costs” (Kanstroom, Deportation Nation, 134). I believe the mindsets of Edwin E. Grant who was a California State senator further stained the stigma behind immigrants.

One way the chapters differ from each other is in Chapter 4 there seem to be more anarchists who were speaking out against the injustices immigrants were facing. One of the anarchists who spoke out is Emma Goldman. She was sought out to be deported, due to her political outspokenness and political based criminal record. Emma Goldman husband was denaturalized after his death by the government, so that they would legally be able to deport her. Another anarchist who spoke out during this era was Peter Frank. Peter Frank was arrested on suspicion of being an illegal alien, during the Palmer Raid. It was later found out that Peter Frank was born in Ohio and the burden of proof was on him “it required federal habeas corpus petition to free him” (Kanstroom, Deportation Nation, 154).

In Chapter 4, I agree that there is an expansion of deportation laws. However, I do not believe that there was a refinement. During this time I believe the events that occurred with the IWW and the Bisbee Deportation was not a refinement of modern deportation laws. During the Bisbee Deportation many Mexicans were subjected to abuse “1,186 men who refused to join the vigilantes were loaded into box cars accompanied b186 armed guards…the train went to New Mexico leaving the men in the dessert, food and water was sent to the deportees but they had no shelter. Three days later authorities took the men back…”(Kanstroom, Deportation Nation, 143). Kanstroom stated that for many Mexican workers the restrictions imposed “were offensive and odd, given the history of the region” One of the restrictions that was imposed on Mexicans was admission laws. The Mexicans were required to take a literacy test that was biased, they were also penalized for violation of contract labor if they had pre-arranged jobs prior to their admission. The practice that was offensive and odd is the scrutiny that they faced while traveling across the boarder. They were subjected to physical inspections, medical examinations and once a week mandatory bathing. These actions taken against the immigrants are the opposite of refined laws.

Reference:

Kanstroom, D. (2010). Deportation nation: outsiders in American history. Cambridge, MA: Harvard University Press.


Blog Post #3


The United States deportation system has been a long and tiring process for the first inhabitants of this country from the Native Americans to the Acadians to modern society today. Kanstroom argues, “As a 100-plus years social experiment, the U.S. deportation system has caused considerable harm and done little demonstrable good. It is poorly planned, irrationally administered, and, as a model on which to base other enforcement systems, dangerous... In the end, the history of deportation law shows us how integral the removal impulse has been to our nation of immigrants” The domination of white settlers has reigned for many centuries they have managed to wipe out the majority of Native Americans, deport Mexicans and Japanese, they created a negative stigma for immigrants. Throughout the beginning of the United States deportation history many different laws has been developed, experimented upon and changed at the expense of other people’s livelihood.

Deportation spans back to the early 18th century. During that century Acadians has already occupied land for at least 150 years. The Acadians were composed from provinces taken in Massachusetts in 1768. “French neutrals were not counted as white people in a provincial census…many undoubtedly expected the Acadians to move to French territory, they did not do so voluntarily, thus sparking the first major deportation of European settlers in the New World... After this and throughout the period of The Seven Year War the British forcibly deported some 8,000 Acadians”.( Kanstroom, Deportation Nation, 143) This shows the earliest form of deportation by British settlers in the United States. The domination of white settlers has reigned for many centuries they managed to alienate everyone else to become the superior race.

One of the most poorly planned and controversial Acts is the Alien Enemies Act and the Alien Friends Act. The Alien Enemies Act States that all natives, citizens, denizens or subjects of the hostel nation… shall be liable to be apprehended, restrained secured and removed as alien enemies. The Alien Enemies was derived from the fear of going into war with a country and the Aliens from that country will assist their native land and help them defeat the United States. This was highlighted during the attack on Pearl Harbor. Enemy Aliens Act provided the government power to round up Japanese and Germans. “ 1,1771 Alien Enemies were arrested during the first twenty four hours … by December 15 some 1,430 Japanese and 1,150 Germans were in custody.” (Kanstroom, Deportation Nation, 207) The Alien Friends Law supports the post entry social law. The Alien Friends bill “sought to give the president authority to deport any alien whom he judged to be dangerous to the peace and safety of the United States…the president had the right to expel any foreigner who he had reasonable ground to suspect was concerned with treason or secret machinations of the government…with no provisions for trail”. (Kanstroom, Deportation Nation, 56) This shows how of how the government advantage of their power using post entry social control and created chaos in deporting people without a trial under suspicion of treason. This act is unconstitutional and an abuse of power.

The Mexicans has always been subjected to extreme racism and deportation. The Mexican were always exploited for their hard working nature and cheap wages. While still being feared by the majority of Americans. “The Mexicans met a mixed reception. They were considered by some to be “the preferred of all the cheap labor available to the Southwest”( Kanstroom, Deportation Nation,156). On March 1, 1917 before World War I the United States ask a Mexican to return to America and fight for them against Germany in return they will be given back the land they once had in New Mexico, Arizona and Texas. However a few years later, there was an Anti Mexican campaign in order to cover my and forth many Mexicans back to their Country this resulted to nearly 100,000 Mexicans returning from Mexico between 1920 and 1921. It was estimated that at least 400,000 of our migratory farm labor force of 1 million report in 1949 were wetbacks...In 1951, President Truman said that a steady stream if illegal immigrants from Mexico, the so called wetbacks, are coming into our country in phenomenal number and at increasing rate… public attitudes towards Mexicans hardened...The number of deportations and voluntary departure grew from 29,000 in 1944 to 565,000 in 1950. By 1954, total apprehension of illegal immigrants had increased to 1,089,583” (Kanstroom, Deportation Nation 222). This is an example of how the United States in that time in history used Mexican workers for their own advantage until they no longer needed them. The Native Americans in my opinion has suffered some of the most cruel and inhumane treatment in United States history. They were slaughtered and driven from their lands. One example of considerable harm and done little demonstrable good against the indigenous people is the case of Elk v. Wilkins, which stated that “an Indian born in the United States and living apart from his tribe was not a citizen under the Fourteenth Amendment…Indians were no more born in the United States and subject to the jurisdiction there of than children of foreign born” (Kanstroom Deportation Nation, 68) This case shows that even though the Indians occupied the land long before Americans. The indigenous people had no rights to citizenship and their land under extended border control and can be removed and forced to move further west at anytime. Another, example is the Trail of Tears many natives were died in their journey to settle into a new home after being forced from their old one. More than 100,000 indigenous people weathered this journey, thousand died especially the young one the old.

To conclude, In light of everything you have learned this semester, I agree with the statements made by Kanstroom. Many of the deaths, heartache and families torn apart could have been avoided if the white settlers were not so consumed with greed, and god complexity. The land that they stole did not belong to them to begin with however whenever anyone else tried to migrate to the country they were scrutinized and punished.


Reference

Kanstroom, D. (2010). Deportation nation: outsiders in American history. Cambridge,

MA: Harvard University Press.