Citizens, Strangers, And In-betweens

Peter H. Schuck is Simeon E. Baldwin Professor at Yale Law School. He is the author or editor of many books and articles including Citizenship Without Consent: Illegal Aliens in the American Polity (with Rogers M. Smith), Paths to Inclusion: The Integration of Migrants in the U.S. and Germany, Suing Government: Citizen Remedies for Official Wrongs, Agent Orange on Trial: Mass Toxic Disasters in the Courts, Foundations of Administrative Law, and Tort Law and the Public Interest: Competition, Innovation, and Consumer Welfare.

• * Preface * Acknowledgments Part 1: Contexts * 1. The Immigration System Today * Demographics * Public Attitudes * The Evolution of the Immigration Control System * The Current Legal Admissions System * The 1996 Legislation: Strengthening Enforcement * The 1997 Amnesty Part 2: The Courts and Immigration * 2. The Transformation of Immigration Law * The Classical Conception of Immigration Law * Pressures for Change * The Communitarian Conception of Immigration Law * The Future of Immigration Law * Conclusion * 3. Continuity and Change in the Courts: 1979-1990 * Summary of Major Findings * Conclusion Part 3: The Politics of Immigration * 4. The Politics of Rapid Legal Change: Immigration Policy in the 1980s * Introduction * Periodizing Immigration Reform: The 1980s * External Events * Political Entrepreneurship * The Changing Balance of Interests * Ideas * Conclusion * 5. Reform Continues: 1990-1998 * 6. The Message of Proposition 187: Facing Up to Illegal Immigration * Brennan's Legacy * Why the Court May Turn * What Voters Were Saying * Do Outsiders Have Claims on America? * Elusive Candor Part 4: Citizenship and Community * 7. The Devaluation of American Citizenship * The Equality Principle * The Due Process Principle * The Consent Principle * An Evaluation of Devaluation * 8. The Reevaluation of American Citizenship * Citizenship in the International Domain * Citizenship in the Domestic Domain * Citizenship in the Federal System * A Brief Note on "Post-National Citizenship," * Conclusion * 9. Consensual Citizenship * 10. Plural Citizenships * The Contemporary Debate and Context * Some Policy-Relevant Distinctions * An Assessment of Dual Citizenship * Possible Reforms Part 5: Current Policy Debates * 11. The New Immigration and the Old Civil Rights * Demographic Changes * Legal Changes * Socioeconomic Changes * Ideological Changes * Political Changes * Reappraising the Agenda * 12. Perpetual Motion: Migrations and Cultures * The Analytic Project * The Question of Culture * The Selectivity and Diversity of Migration * Discrimination and Immigrant Success * Immigrants in Politics and Markets * Immigrant Assimilation * The Future of Immigration Policy * 13. Refugee Burden-Sharing: A Modest Proposal * The Current Regime for Protecting Refugees * The Comprehensive Plan of Action * Four Remedial Strategies * The Proposal: Proportional Burden-Sharing * A Response to (Anticipated) Critics * Conclusion * 14. Alien Ruminations: What Immigrants Have Wrought in America * Demography * Carrying Capacity * Economic Impacts * Cultural Assimilation * Politics * Conclusion * Notes * Bibliography * Index