Civility and the Undocumented Alien

doi:10.1017/CBO9781107479852.004

3 - Civility and the Undocumented Alien

Published online by Cambridge University Press: 05 August 2014

Leti Volpp

Edited by

Austin Sarat

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Austin Sarat: Affiliation:
Amherst College, Massachusetts

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Summary

Introduction

In January 2013, Immigration and Customs Enforcement (ICE) agents knocked on the door of the Phoenix home of Erika Andiola and arrested her mother and brother. Andiola, cofounder of the Arizona DREAM Act Coalition, is a prominent activist for the DREAM Act, a federal bill to grant legal status to undocumented immigrants who were brought to the United States as children. Andiola had been arrested for civil disobedience outside Senator John McCain’s Phoenix office, as well as at his office in the U.S. Capitol.

Featured on the June 2012 cover of Time magazine, along with Jose Antonio Vargas and other undocumented immigrants under the headline We Are Americans – Just Not Legally, Andiola was also one of four DREAMers profiled in Davis Guggenheim’s film advocating passage of the DREAM Act, The Dream Is Now. And Andiola, along with two others, had sued the Senate with the help of Common Cause, challenging the Senate filibuster as unconstitutional, after the DREAM Act was blocked by a filibuster in December 2010.

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Type: Chapter
Information: Civility, Legality, and Justice in America , pp. 69 - 106

DOI: https://doi.org/10.1017/CBO9781107479852.004 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2014

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References

Herbst, Susan, Rude Democracy: Civility and Incivility in American Politics (Philadelphia, PA: Temple University Press, 2010), 3.

Banfield, Edward C., ed., Civility and Citizenship in Liberal Democratic Societies (Saint Paul, MN: Professors World Peace Academy, 1992)

Harcourt, Bernard E., Illusion of Order: The False Promise of Broken Windows Policing (Cambridge, MA: Harvard University Press, 2005), 15.

Carter, Stephen L., Civility: Manners, Morals, and the Etiquette of Democracy (New York: Harper Collins, 1998)

Thomas, Clarence, “A Return to Civility,” Tulsa Law Journal 33 (1997) 7–12.Google Scholar

DeMott, Benjamin, “Seduced by Civility: Political Manners and the Crisis of Democratic Values,” Nation 263 (1996) 11–19.Google Scholar

Swedenborg, Emanuel, The Delights of Wisdom Concerning Conjugial Love, after Which Follow the Pleasures of Insanity of Scortatory Love (1768, reprint: Manchester: R. & W. Dean, 1811)

Magnette, Paul: Citizenship: The History of an Idea (2005, reprint: London: European Consortium for Political Research Press, 2008), 43–48

Misztal, Barbara A., Informality: Social Theory and Contemporary Practice (London: Routledge, 2000), 74.

Elias, Norbert, The Civilizing Process (1939, reprint: Oxford: Blackwell, 1978)

White, Melanie, “An Ambivalent Civility,” Canadian Journal of Sociology 31 (2006) 445–460.Google Scholar

Rose, Nikolas, Powers of Freedom: Reframing Political Thought (Cambridge: Cambridge University Press, 1999)

Thompson, E. P., “Time, Work-Discipline and Industrial Capitalism,” Past and Present 38 (1967): 56–97Google Scholar

Beckett, Katherine and Herbert, Steve, Banished: The New Social Control in Urban America (Oxford: Oxford University Press, 2010), 14.

Feldman, Leonard C., Citizens without Shelter: Homelessness, Democracy and Political Exclusion (Ithaca, NY: Cornell University Press, 2004)

McGregor, Joan, “Civility, Civic Virtue, and Citizenship,” in Civility and Its Discontents: Essays on Civic Virtue, Toleration, and Cultural Fragmentation, ed. Sistare, Christine T. (Lawrence: University of Kansas Press, 2004), 29–42

McClain, Linda C. and Fleming, James E., “Some Questions for Civil Society-Revivalists,” Chicago-Kent Law Review 75 (2000) 301–354Google Scholar

Papacharissi, Zizi, “Democracy Online: Civility, Politeness, and the Democratic Potential of Online Political Discussion Groups,” New Media & Society 6 (2004): 259,Google Scholar

Fraser, Nancy, “Rethinking the Public Sphere: A Contribution to the Critique of Actually Existing Democracy,” in Habermas and the Public Sphere, ed. Calhoun, C., 109–142 (Cambridge, MA: MIT Press, 1992)

Brown, Wendy, Regulating Aversion: Tolerance in the Age of Identity and Empire (Princeton, NJ: Princeton University Press, 2006)

Marcuse, Herbert, “Repressive Tolerance,” in A Critique of Pure Tolerance, ed. Wolff, Robert Paul, Moore, Barrington, Jr., and Marcuse, Herbert (Boston: Beacon, 1969),

Brown, , Regulating Aversion, 7.

Coleman, Daniel, White Civility: The Literary Project of English Canada (Toronto: University of Toronto Press, 2006)

Roy, Anindyo, Civility and Empire: Literature and Culture in British India, 1822–1922 (Abingdon, Oxon: Routledge, 2005): 1

Phu, Thy, Picturing Model Citizens: Civility in Asian American Visual Culture (Philadelphia: Temple University Press, 2012)

James, Joy, “Campaigns against ‘Blackness’: Criminality, Incivility, and Election to Executive Office,” Critical Sociology 36 (2009) 25–44Google Scholar

Bhabha, Homi K., The Location of Culture (New York: Routledge, 1994)

Mill, John Stuart, “On Liberty,” in Utilitarianism, Liberty, and Representative Government, H.B. Acton (ed.) (London: J.M. Dent & Sons, 1972): 382–383

Harcourt, Bernard E., “The Politics of Incivility,” Arizona Law Review 54 (2012) 345–373, 348Google Scholar

Bosniak, Linda, “Citizenship Denationalized,” Indiana Journal of Global Legal Studies 7 (2000) 447–509Google Scholar

Somers, Margaret R., Genealogies of Citizenship: Markets, Statelessness, and the Right to Have Rights (Cambridge: Cambridge University Press, 2008)

Root, Amanda, Market Citizenship: Experiments in Democracy and Globalization (London: Sage, 2007)

Marshall, T. H., Class, Citizenship, and Social Development (Garden City, NY: Doubleday, 1964)

Fraser, Nancy and Gordon, Linda, “Contract vs. Charity: Why Is There No Social Citizenship in the United States?” Socialist Review 22 (1992) 45–68.Google Scholar

Fraser, and Gordon, , “Contract vs. Charity”; Ann Laura Stoler, ed., Haunted by Empire: Geographies of Intimacy in North American History (Durham, NC: Duke University Press, 2006)

Franke, Katherine, “Becoming a Citizen: Reconstruction Era Regulation of African American Marriages,” Yale Journal of Law and the Humanities 11 (1999) 251–309.Google Scholar

Steinfeld, Robert J., “Property and Suffrage in the Early American Republic,” Stanford Law Review 41 (1989) 335–376.CrossRef Google Scholar

Ellickson, Robert C., “Cities and Homeowners Associations,” University of Pennsylvania Law Review 130 (1982) 1519–1580;CrossRef Google Scholar

Michelman, Frank, “Universal Resident Suffrage: A Liberal Defense,” University of Pennsylvania Law Review 130 (1982) 1581–1588.CrossRef Google Scholar

Crouch, Colin, Eder, Klaus, and Tambini, Damian, eds., Citizenship, Markets, and the State (New York: Oxford University Press, 2001), 8

Asher Ghertner, D., “Nuisance Talk and the Propriety of Property: Middle Class Discourses of a Slum-Free Delhi,” Antipode 44 (2012) 1161–1187.Google Scholar

Isin, Engin F. and Nielsen, Greg M., “Introduction,” in Acts of Citizenship, ed. Isin, Engin F. and Nielsen, Greg M. (London: Zed Books, 2008), 1–12, 2.

Volpp, Leti, “The Citizen and the Terrorist,” UCLA Law Review 49 (2002) 1575–1600.Google Scholar

Ong, Aihwa, Buddha Is Hiding: Refugees, Citizenship, the New America (Berkeley: University of California Press, 2003)

Becker, Gary S., Human Capital: A Theoretical and Empirical Analysis, with Special Reference to Education (1964, reprint: Chicago: University of Chicago Press, 1993)

Schuck, Peter H. and Smith, Rogers M., Citizenship without Consent: Illegal Aliens in the American Polity (New Haven, CT: Yale University Press, 1985)

Volpp, Leti, “Obnoxious to Their Very Nature: Asian Americans and Constitutional Citizenship,” Citizenship Studies 5 (2001) 57–72.Google Scholar

Bosniak, Linda, The Citizen and the Alien: Dilemmas of Contemporary Membership (Princeton, NJ: Princeton University Press, 2006), 2.

Stevens, Jacqueline, States without Nations: Citizenship for Mortals (New York: Columbia University Press, 2010)

Stevens, Jacqueline, Reproducing the State (Princeton, NJ: Princeton University Press, 1999)

Shachar, Ayelet, The Birthright Lottery: Citizenship and Global Inequality (Cambridge, MA: Harvard University Press, 2009)

Volpp, Leti, ed., “Denaturalizing Citizenship: A Symposium on Linda Bosniak’s The Citizen and the Alien and Ayelet Shachar’s The Birthright Lottery,” Issues in Legal Scholarship 9 (2011)Google Scholar

Bosniak, Linda, “Membership, Equality, and the Difference That Alienage Makes,” New York University Law Review 69 (1994) 1047–1149.Google Scholar

Arendt, Hannah, The Origins of Totalitarianism (1951, reprint: New York, Harcourt, Brace Jovanovich, 1968)

Kanstroom, Daniel, “‘Alien’ Litigation as Polity-Participation: The Positive Power of a ‘Voteless class of Litigants,’” William & Mary Bill of Rights Journal 21 (2012): 399–461, 404.Google Scholar

Volpp, Leti, “Divesting Citizenship: On Asian American History and the Loss of Citizenship Through Marriage,” UCLA Law Review 53 (2005) 405–483.Google Scholar

Raskin, Jamin R., “Legal Aliens, Local Citizens: The Historical, Constitutional and Theoretical Meanings of Alien Suffrage,” University of Pennsylvania Law Review 141 (1993) 1391–1470.CrossRef Google Scholar

Kini, Tara, “Sharing the Vote: Noncitizen Voting Rights in Local School Board Elections,” California Law Review 93 (2005): 271–321.Google Scholar

Hayduk, Ron, Democracy for All: Restoring Immigrant Voting Rights in the United States (New York: Routledge, 2006)

Okamoto, Dina and Ebert, Kim, “Beyond the Ballot: Immigrant Collective Action in Gateways and New Destinations in the United States,” Social Problems 57 (2010) 529–558;Google Scholar

Ebert, Kim and Okamoto, Dina G., “Social Citizenship, Integration and Collective Action: Immigrant Civic Engagement in the United States,” Social Forces 91 (2013) 1267–1292Google Scholar

Ngai, Mae M., Impossible Subjects: Illegal Aliens and the Making of Modern America (Princeton, NJ: Princeton University Press, 2004)

De Genova, Nicholas P., “Migrant ‘Illegality’ and Deportability in Everyday Life,” Annual Review of Anthropology 31 (2002): 419–447;Google Scholar

Ngai, Mae, Impossible Subjects: Illegal Aliens and the Making of Modern America), Michigan Law Review 103 (2005): 1595.

Seif, Hinda, “‘Unapologetic and Unafraid’: Immigrant Youth Come Out from the Shadows,” New Directions for Child and Adolescent Development (2011): 59–75, 66Google Scholar

Gonzales, Roberto G., “Learning to be Illegal: Undocumented Youth and Shifting Legal Contexts in the Transition to Adulthood,” American Sociological Review 76 (2011) 602–619Google Scholar

Abrego, Leisy Janet, “’I Can’t Go to College Because I Don’t Have Papers’: Incorporation Patterns of Latino Undocumented Youth,” Latino Studies 4 (2006) 212–231Google Scholar

Pallares, Amalia and Flores-Gonzalez, Nilda, eds., ¡Marcha!: Latino Chicago and the Immigrants Rights Movement (Urbana: University of Illinois Press, 2010)

Voss, Kim and Bloemraad, Irene, eds., Rallying for Immigrant Rights: The Fight for Inclusion in 21st Century America (Berkeley: University of California Press, 2011)

Beltrán, Cristina, “Going Public: Hannah Arendt, Immigrant Action, and the Space of Appearance,” Political Theory 37 (2009): 595–622.Google Scholar

Beltrán, Cristina, The Trouble with Unity: Latino Politics and the Creation of Identity (Oxford: Oxford University Press, 2010)

Ahmad, Muneer I., “Developing Citizenship,” Issues in Legal Scholarship 9 (2011)Google Scholar

Cacho, Lisa Marie, Social Death: Racialized Rightlessness and the Criminalization of the Unprotected (New York: New York University Press, 2012)

De Genova, Nicholas, “The Queer Politics of Migration: Reflections on ‘Illegality’ and Incorrigibility,” Studies in Social Justice 4 (2010) 101–126.CrossRef Google Scholar

Nicholls, Walter J., The DREAMers: How the Undocumented Youth Movement Transformed the Immigrant Rights Debate (Stanford: Stanford University Press, 2013)

Seif, Hinda, “’Wise Up!’ Undocumented (Im)migrant Youth, Latino Legislators, and the Struggle for Higher Education Access,” Latino Studies 2 (2004) 210–230CrossRef Google Scholar

Villazor, Rose Cuison, “Coming Out of the Undocumented Closet,” North Carolina Law Review 92 (2013): 1–74Google Scholar

Galindo, René, “Embodying the Gap between National Inclusion and Exclusion: The ‘Testimonios’ of Three Undocumented Students at a 2007 Congressional Hearing,” Harvard Latino Law Review 14 (2011) 377–395, 382Google Scholar

Ahmad, Muneer I., “Resisting Guantánamo: Rights at the Brink of Dehumanization,” Northwestern University Law Review103 (2009) 1683,Google Scholar

Nicholls, Walter J., “From Political Opportunities to Niche-Openings: The Dilemmas of Mobilizing for Immigrant Rights in Inhospitable Environments,” Theory and Society 43 (2014) 23–49, 30Google Scholar

Preston, Julia and Zemansky, Rebekah, “Demonstration at Arizona Border Divides Supporters of Immigration Overhaul,” New York Times, August 4, 2013Google Scholar

Lee, Stephen, “Growing Up Outside the Law,” Harvartd Law Review 128 (forthcoming 2015)Google Scholar

Hall, Matthew R., “Guilty but Civilly Disobedient: Reconciling Civil Disobedience and the Rule of Law,” Cardozo Law Review 28 (2007): 2083–2132, 2083. On immigration and civil disobedience see Allegra incleod, “When the Law Demands Disobedience: Re-envisioning immigration law,” unpublished manuscript on file with the author.Google Scholar

Shachar, Ayelet, “Earned Citizenship: Property Lessons for Immigration Reform,” Yale Journal of Law and the Humanities 23 (2011): 110–158.Google Scholar

Carens, Joseph H., “The Case for Amnesty,” Boston Review (2009)Google Scholar

Bosniak, Linda, “Amnesty in Immigration: Forgetting, Forgiving, Freedom,” Critical Review of International Social and Political Philosophy 16 (2013): 344–365;Google Scholar

Bosniak, Linda, “Arguing for Amnesty,” Law, Culture and the Humanities 9 (2012): 432–442.Google Scholar

Coutin, Susan Bibler, “Borderlands, Illegality and the Spaces of Non-Existence,” in Globalization and Governmentalities, eds. Perry, Richard Warren and Maurer, Bill (Minneapolis: University of Minnesota Press, 2003), 171–202.

Honig, Bonnie, Democracy and the Foreigner (Princeton, NJ: Princeton University Press, 2001), 99,

Rancière, Jacques, Disagreement: Politics and Philosophy, trans. Julie Rose (Minneapolis: University of Minnesota Press, 1999)