Author: Guofu Liu
Release Date: 2016-05-23
Genre: Social Science
Lacking a single immigration code, Chinese immigration law is widespread, encompassing a variety of laws, regulations and policies, some of which are internal and closed. There is also no immigration cases system. These factors have combined to make the study and understanding of the system difficult for those outside or unfamiliar with this area of Chinese law. To add to this complexity, since the reform and opening-up policy in 1978, Chinese immigration law has been experiencing significant change. In particular, that brought about by the acceptance of a market economy in 1991, and with access to World Trade Organization membership in 2001. Due to the dilation of the legislation, the issue of conflict between Chinese immigration law and other Chinese laws has become serious. This book provides a comprehensive, up-to-date, and readily-accessible reference to Chinese immigration law. It provides the necessary detail, insight and background information for a thorough understanding of this complex system. The book has been written on the basis of Chinese statutes while also including coverage of the relevant international instruments. The work draws on and compares Chinese and English language sources, making it an invaluable resource for both Chinese and non-Chinese readers alike.
Author: Lucy E. Salyer
Publisher: Univ of North Carolina Press
Release Date: 2000-11-09
Focusing primarily on the exclusion of the Chinese, Lucy Salyer analyzes the popular and legal debates surrounding immigration law and its enforcement during the height of nativist sentiment in the early twentieth century. She argues that the struggles between Chinese immigrants, U.S. government officials, and the lower federal courts that took place around the turn of the century established fundamental principles that continue to dominate immigration law today and make it unique among branches of American law. By establishing the centrality of the Chinese to immigration policy, Salyer also integrates the history of Asian immigrants on the West Coast with that of European immigrants in the East. Salyer demonstrates that Chinese immigrants and Chinese Americans mounted sophisticated and often-successful legal challenges to the enforcement of exclusionary immigration policies. Ironically, their persistent litigation contributed to the development of legal doctrines that gave the Bureau of Immigration increasing power to counteract resistance. Indeed, by 1924, immigration law had begun to diverge from constitutional norms, and the Bureau of Immigration had emerged as an exceptionally powerful organization, free from many of the constraints imposed upon other government agencies.
Author: Tobias G. Eule
Release Date: 2016-05-23
Inside Immigration Law analyses the practice of implementing immigration law, examining the different political and organisational forces that influence the process. Based on unparalleled academic access to the German migration management system, this book provides new insights into the ’black box’ of regulating immigration, revealing how the application of immigration law to individual cases can be chaotic, improvised and sometimes arbitrary, and either informed or distorted by the complex, politically laden and changeable nature of both German and EU immigration laws. Drawing on extensive empirical material, including participant observation, interviews and analyses of public as well as confidential documents in German immigration offices, Inside Immigration Law unveils the complex practices of decision-making and work organisation in a politically contested environment. A comparative, critical evaluation of the work of offices that examines the discretion and client interactions of bureaucrats, the management of legal knowledge and symbolism and the relationships between immigration offices and external political forces, this book will be of interest to sociologists, legal scholars and political scientists working in the areas of migration, integration and the study of work and organisations.
Author: Erika Lee
Publisher: Univ of North Carolina Press
Release Date: 2004-01-21
With the Chinese Exclusion Act of 1882, Chinese laborers became the first group in American history to be excluded from the United States on the basis of their race and class. This landmark law changed the course of U.S. immigration history, but we know little about its consequences for the Chinese in America or for the United States as a nation of immigrants. At America's Gates is the first book devoted entirely to both Chinese immigrants and the American immigration officials who sought to keep them out. Erika Lee explores how Chinese exclusion laws not only transformed Chinese American lives, immigration patterns, identities, and families but also recast the United States into a "gatekeeping nation." Immigrant identification, border enforcement, surveillance, and deportation policies were extended far beyond any controls that had existed in the United States before. Drawing on a rich trove of historical sources--including recently released immigration records, oral histories, interviews, and letters--Lee brings alive the forgotten journeys, secrets, hardships, and triumphs of Chinese immigrants. Her timely book exposes the legacy of Chinese exclusion in current American immigration control and race relations.
Beth Lew-Williams shows how American immigration policies incited violence against Chinese workers, and how that violence provoked new exclusionary policies. Locating the origins of the modern American "alien" in this violent era, she makes clear that the present resurgence of xenophobia builds mightily upon past fears of the "heathen Chinaman."
Author: Elliott Young
Publisher: UNC Press Books
Release Date: 2014-11-03
Genre: Social Science
In this sweeping work, Elliott Young traces the pivotal century of Chinese migration to the Americas, beginning with the 1840s at the start of the "coolie" trade and ending during World War II. The Chinese came as laborers, streaming across borders legally and illegally and working jobs few others wanted, from constructing railroads in California to harvesting sugar cane in Cuba. Though nations were built in part from their labor, Young argues that they were the first group of migrants to bear the stigma of being "alien." Being neither black nor white and existing outside of the nineteenth century Western norms of sexuality and gender, the Chinese were viewed as permanent outsiders, culturally and legally. It was their presence that hastened the creation of immigration bureaucracies charged with capture, imprisonment, and deportation. This book is the first transnational history of Chinese migration to the Americas. By focusing on the fluidity and complexity of border crossings throughout the Western Hemisphere, Young shows us how Chinese migrants constructed alternative communities and identities through these transnational pathways.
Author: Robert Chao Romero
Publisher: University of Arizona Press
Release Date: 2011-06-29
An estimated 60,000 Chinese entered Mexico during the late nineteenth and early twentieth centuries, constituting Mexico's second-largest foreign ethnic community at the time. The Chinese in Mexico provides a social history of Chinese immigration to and settlement in Mexico in the context of the global Chinese diaspora of the era. Robert Romero argues that Chinese immigrants turned to Mexico as a new land of economic opportunity after the passage of the U.S. Chinese Exclusion Act of 1882. As a consequence of this legislation, Romero claims, Chinese immigrants journeyed to Mexico in order to gain illicit entry into the United States and in search of employment opportunities within Mexico's developing economy. Romero details the development, after 1882, of the "Chinese transnational commercial orbit," a network encompassing China, Latin America, Canada, and the Caribbean, shaped and traveled by entrepreneurial Chinese pursuing commercial opportunities in human smuggling, labor contracting, wholesale merchandising, and small-scale trade. Romero's study is based on a wide array of Mexican and U.S. archival sources. It draws from such quantitative and qualitative sources as oral histories, census records, consular reports, INS interviews, and legal documents. Two sources, used for the first time in this kind of study, provide a comprehensive sociological and historical window into the lives of Chinese immigrants in Mexico during these years: the Chinese Exclusion Act case files of the U.S. Immigration and Naturalization Service and the 1930 Mexican municipal census manuscripts. From these documents, Romero crafts a vividly personal and compelling story of individual lives caught in an extensive network of early transnationalism.
Author: Louise Boon-Kuo
Release Date: 2017-08-07
Migration policing experiments such as boat turn-backs and offshore refugee processing have been criticised as unlawful and have been characterised as exceptional. Policing Undocumented Migrants explores the extraordinarily routine, powerful, and above all lawful practices engaged in policing status within state territory. This book reveals how the everyday violence of migration law is activated by making people ‘illegal’. It explains how undocumented migrants are marginalised through the broad discretion underpinning existing frameworks of legal responsibility for migration policing. Drawing on interviews with people with lived experience of undocumented status within Australia, perspectives from advocates, detailed analysis of legislation, case law and policy, this book provides an in-depth account of the experiences and legal regulation of undocumented migrants within Australia. Case studies of street policing, immigration raids, transitions in legal status such as release from immigration detention, and character based visa determination challenge conventional binaries in migration analysis between the citizen and non-citizen and between lawful and unlawful status. By showing the organised and central role of discretionary legal authority in policing status, this book proposes a new perspective through which responsibility for migration legal practices can be better understood and evaluated. Policing Undocumented Migrants will be of interest to scholars and practitioners working in the areas of criminology, criminal law, immigration law and border studies.
Author: Betty Lee Sung
Publisher: Center Migration Studies
Release Date: 1987
Genre: Social Science
This book examines the role of three major social institutions--community, school, and family--in helping Chinese immigrant children cope with and adapt to a new life in New York City. The following aspects of Chinese life are explored: (1) immigration networking; (2) determinants of immigrant types; (3) the community; (4) the school--enrollment and profiles; (5) school performance; (6) bilingual education; (7) bicultural conflict; (8) after-school hours; (9) the deviants--Chinatown gangs; (10) peer groups; (11) the immigrant family; and (12) adjustment. New York City's Chinatown provides a familiar social milieu for the newly arrived immigrant family, thus mitigating many potential problems. Counseling programs set up since 1975 under the bilingual education programs have been successful in helping Chinese immigrant children address their personal problems. The immigrant family has undergone changes characterized by the following: (1) role change or reversal; (2) parental absence; and (3) birth rate decline. Some of the family's functions, such as providing supervision, meals, and medical attention, have been relegated to the schools. As a result, peer groups have increased in importance; gang involvement is an indicator of maladjustment. Data are presented on 57 tables, maps, and figures. An appendix details Chinese immigration to the United States by sex, 1944-80. An extensive bibliography and an index are included. (BJV)
Author: Guofu Liu
Publisher: Martinus Nijhoff Publishers
Release Date: 2007
Genre: Political Science
Although the Right to Leave and Return (RLR) is a fundamental human right, each State has the sovereign right to regulate RLR in accordance with its own laws. In the case of China, the country's communist political system has significantly affected the development of RLR and the country's approach to it. As a rule, China's approach is restrictive. As part of its reform and 'opening up' policies, China has embarked on a range of reforms to liberalise RLR, but the reforms lack cohesion and focus, and remain restrictive. Given its past and its complex social and economic conditions, China may have some justifications for its approach, but on balance, has more to gain from adopting a more liberal approach. The issue of RLR in China is crucial both for the future of China, and for development of RLR in the world. "The Right to Leave and Return (RLR) and Chinese Migration Law" provides a comprehensive and systematic review of the RLR in international and Chinese migration law. It has been written on the basis of Chinese statutes pertinent to the RLR, also of relevant international instruments and key cases. It investigates RLR in international migration law and practice; analyses RLR in the context of China, and identifies its driving factors; investigates the conditions and practical concerns relevant to the protection of RLR; and concludes with recommendations on how the Chinese regulatory regime governing RLR can be improved.
Author: Meredith Oyen
Publisher: Cornell University Press
Release Date: 2015-10-27
During the Cold War, both Chinese and American officials employed a wide range of migration policies and practices to pursue legitimacy, security, and prestige. They focused on allowing or restricting immigration, assigning refugee status, facilitating student exchanges, and enforcing deportations. The Diplomacy of Migration focuses on the role these practices played in the relationship between the United States and the Republic of China both before and after the move to Taiwan. Meredith Oyen identifies three patterns of migration diplomacy: migration legislation as a tool to achieve foreign policy goals, migrants as subjects of diplomacy and propaganda, and migration controls that shaped the Chinese American community. Using sources from diplomatic and governmental archives in the United States, the Republic of China on Taiwan, the People's Republic of China, and the United Kingdom, Oyen applies a truly transnational perspective. The Diplomacy of Migration combines important innovations in the field of diplomatic history with new international trends in migration history to show that even though migration issues were often considered "low stakes" or "low risk" by foreign policy professionals concerned with Cold War politics and the nuclear age, they were neither "no risk" nor unimportant to larger goals. Instead, migration diplomacy became a means of facilitating other foreign policy priorities, even when doing so came at great cost for migrants themselves.
Author: Lisong Liu
Release Date: 2015-08-20
Since China began its open-door and reform policies in 1978, more than three million Chinese students have migrated to study abroad, and the United States has been their top destination. The recent surge of students following this pattern, along with the rising tide of Chinese middle- and upper-classes' emigration out of China, have aroused wide public and scholarly attention in both China and the US. This book examines the four waves of Chinese student migration to the US since the late 1970s, showing how they were shaped by the profound changes in both nations and by US-China relations. It discusses how student migrants with high socioeconomic status transformed Chinese American communities and challenged American immigration laws and race relations. The book suggests that the rise of China has not negated the deeply rooted "American dream" that has been constantly reinvented in contemporary China. It also addresses the theme of "selective citizenship" – a way in which migrants seek to claim their autonomy - proposing that this notion captures the selective nature on both ends of the negotiations between nation-states and migrants. It cautions against a universal or idealized "dual citizenship" model, which has often been celebrated as a reflection of eroding national boundaries under globalization. This book draws on a wide variety of sources in Chinese and English, as well as extensive fieldwork in both China and the US, and its historical perspective sheds new light on contemporary Chinese student migration and post-1965 Chinese American community. Bridging the gap between Asian and Asian American studies, the book also integrates the studies of migration, education, and international relations. Therefore, it will be of interest to students of these fields, as well as Chinese history and Asian American history more generally.
Author: Adam McKeown
Publisher: University of Chicago Press
Release Date: 2001-05-01
Inspired by recent work on diaspora and cultural globalization, Adam McKeown asks in this new book: How were the experiences of different migrant communities and hometowns in China linked together through common networks? Chinese Migrant Networks and Cultural Change argues that the political and economic activities of Chinese migrants can best be understood by taking into account their links to each other and China through a transnational perspective. Despite their very different histories, Chinese migrant families, businesses, and villages were connected through elaborate networks and shared institutions that stretched across oceans and entire continents. Through small towns in Qing and Republican China, thriving enclaves of businesses in South Chicago, broad-based associations of merchants and traders in Peru, and an auspicious legacy of ancestors in Hawaii, migrant Chinese formed an extensive system that made cultural and commercial exchange possible.