Open Arms or Closed Doors: A Critical Review of the United States' Approach to Immigrant Rights

Persistent Link:
http://hdl.handle.net/10150/243932
Title:
Open Arms or Closed Doors: A Critical Review of the United States' Approach to Immigrant Rights
Author:
Dalmendray, Amanda Ladonne
Issue Date:
May-2012
Publisher:
The University of Arizona.
Rights:
Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.
Abstract:
This paper explores the validity of three predominant legal reasons for precluding immigrants from holding legal rights in the U.S. The primary hypothesis examined through both a literature review and empirical research is that the wording within the Constitution does not afford legal rights to all persons within the United States. Another legal reason that has emerged in discussions of immigrant rights is that the framers did not intend immigrants to share the same rights as citizens. Examination of this hypothesis requires a discussion of original intent as a lens through which lawmakers interpret the language within the Constitution. Perhaps among the most contentious arguments for denying immigrants rights is the argument that state government has a fiscal responsibility to its citizens and, thusly, the power to regulate immigration. At the center of this contention is whether the authority over immigration policy rests with state or federal government. To evaluate these hypotheses, a case study approach combined with historical analysis of United States Supreme Court precedent and language in the U.S. Constitution is used. The conclusion drawn is that both the courts and legislative bodies should reassess the constitutionality of laws and judicial decisions that withhold legal personhood from immigrants.
Type:
text; Electronic Thesis
Degree Name:
B.A.
Degree Level:
bachelors
Degree Program:
Honors College; Political Science
Degree Grantor:
University of Arizona

Full metadata record

DC FieldValue Language
dc.language.isoenen_US
dc.titleOpen Arms or Closed Doors: A Critical Review of the United States' Approach to Immigrant Rightsen_US
dc.creatorDalmendray, Amanda Ladonneen_US
dc.contributor.authorDalmendray, Amanda Ladonneen_US
dc.date.issued2012-05-
dc.publisherThe University of Arizona.en_US
dc.rightsCopyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.en_US
dc.description.abstractThis paper explores the validity of three predominant legal reasons for precluding immigrants from holding legal rights in the U.S. The primary hypothesis examined through both a literature review and empirical research is that the wording within the Constitution does not afford legal rights to all persons within the United States. Another legal reason that has emerged in discussions of immigrant rights is that the framers did not intend immigrants to share the same rights as citizens. Examination of this hypothesis requires a discussion of original intent as a lens through which lawmakers interpret the language within the Constitution. Perhaps among the most contentious arguments for denying immigrants rights is the argument that state government has a fiscal responsibility to its citizens and, thusly, the power to regulate immigration. At the center of this contention is whether the authority over immigration policy rests with state or federal government. To evaluate these hypotheses, a case study approach combined with historical analysis of United States Supreme Court precedent and language in the U.S. Constitution is used. The conclusion drawn is that both the courts and legislative bodies should reassess the constitutionality of laws and judicial decisions that withhold legal personhood from immigrants.en_US
dc.typetexten_US
dc.typeElectronic Thesisen_US
thesis.degree.nameB.A.en_US
thesis.degree.levelbachelorsen_US
thesis.degree.disciplineHonors Collegeen_US
thesis.degree.disciplinePolitical Scienceen_US
thesis.degree.grantorUniversity of Arizonaen_US
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