Undocumented : How Immigration Became Illegal (9780807001684)

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Authors: Aviva Chomsky
in negative terms. Nor did the public or Congress consider it a problem in need of legislation. By the 1970s, though, the demonization of immigrants—in particular, Mexican and other Latino immigrants—and the issue of “illegal immigration” were turning into hot-button issues. 1
    There are some particular historical reasons for these changes. Some are economic. The global and the domestic economies underwent some fundamental structural changes in the late twentieth century, changes we sometimes refer to as “globalization.”
    Some analysts argued that globalization was making the world “flat,” and that with the spread of connection, technology, and communication, old inequalities would melt away. 2 Others believed that new inequalities were becoming entrenched—that a “global apartheid” being imposed, separating the Global North from the Global South, the rich from the poor, the winners in the new global economy from the losers. 3 I’ll go more into depth about these changes and show how they contributed to a
need
for illegality to sustain the new world order.
    The second set of changes is ideological and cultural. Like the big economic shifts, ideological and cultural changes are a process; they can’t necessarily be pinpointed to a particular date or year. I use 1965 as a convenience, because that’s when some major changes were enacted in US immigration law that contributed to creating illegality. But those changes responded to, and contributed to, the more long-term economic and ideological shifts that were occurring.
    In the cultural realm, overt racism was going out of fashion. Civil rights movements at home and anti-colonial movements abroad undercut the legitimacy of racial exclusion and discrimination. While apartheid continued in South Africa through the 1980s, even that lost its international legitimacy. In the United States, the Jim Crow regime was dismantled and new laws and programs were aimed at creating racial equality, at least on paper. By the new century, people were beginning to talk about the United States as a “postracial” society. At the same time, though, new laws hardened immigration regimes and discrimination against immigrants in the United States and elsewhere.
    TRUE REFUGEES OF THE BORDER WARS
    Before deeply delving into the dizzying and sometimes irrational nature of immigration law, it’s helpful to consider what’s actually happening on the ground. I had the opportunity to see firsthand the human tragedy that’s resulted from the new immigration regime in March 2010, when I participated in a weeklong humanitarian delegation with the organization No More Deaths, one of several that take direct action on the US-Mexico border.
    Volunteers from these organizations attempt to provide humanitarian aid to migrants by leaving water at stations along migrant trails and offering basic first-aid at camps in the desert, among other things. My group, though, was taking testimonies on the Mexican side of the border from migrants who had been caught and deported.
    During that week, I met several hundred deportees. They were arrested for a crime no US citizen can commit: entering the United States without official permission. Only people who are not US citizens
need
official permission to enter US territory.
    Nogales, Sonora, on the US-Mexico border, has the feel of a war zone. Every few hours, a bus from the Wackenhut private security service arrives on the US side of the border filled with would-be migrants, mostly from Mexico’s poor southern regions. Most of them were captured by the Border Patrol somewhere in the Arizona desert. “They used to try to capture us near the border,” one migrant told me wearily. “Now, they patrol two or three days’ walk north of the border. They want to find us when we’re dehydrated, exhausted, blistered, so we can’t run away.”
    First, the drivers unload their belongings from underneath the bus—a few backpacks, but mostly clear plastic

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