Immigration Article of the Day: Enforcing Stereotypes: The Self-Fulfilling Prophecies of U.S. Immigration Enforcement by Katie Kelly
Enforcing Stereotypes: The Self-Fulfilling Prophecies of U.S. Immigration Enforcement by Katie Kelly, U.C. Davis School of Law, 2018
This Article considers the white supremacy perpetuated by the Immigration and Nationality Act (INA) through a critical analysis of relief from removal under Section 240A(b)(1) (cancellation of removal). Not only does this relief section show a disregard for immigrant families by normalizing their disposability, but it also shows how, even in its seemingly humanitarian efforts, the INA cannot escape its white supremacist roots and intentions. Drawing on the legislative history of this section, the national dialogue occurring during the amendments of the section, and its judicial implementation, this Article argues that the 240A hardship exception to deportation, like the more exclusion-focused sections of the INA, shapes the perception of Mexican immigrants in ways that perpetuate harmful cultural stereotypes within the United States at large.
Part I of this Article provides a brief history of the INA and the white supremacy embedded within it. Part II describes the historical context for the hardship exception itself, depicting how the exception plays out in courts. And finally, Part III provides a brief commentary about the future of immigration laws and the potential for deportation relief that would provide more than mere glimmers of hope.
KJ