"Within Its Jurisdiction": Moving Boundaries, People, and the Law of Migration

The miseries of migration are brought "home" daily through painful graphics of individuals moving, and sometimes dying, in a search for better lives. The sense that migration systems are deeply flawed is shared around the world and across the political spectrum, albeit with very different...

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Bibliographic Details
Published in:Proceedings of the American Philosophical Society 2016-06, Vol.160 (2), p.117-159
Main Author: RESNIK, JUDITH
Format: Article
Language:English
Subjects:
Boundaries
Citizenship
Collaboration
Colonies & territories
Constitutional law
Criminal law
Criminals
Deportation
Due process of law
Federal law
Government
Immigration
Immigration policy
International borders
International migration
International organizations
Jurisdiction
Law
Migrants
Migration
Noncitizens
Politics
Postal rates
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Summary:The miseries of migration are brought "home" daily through painful graphics of individuals moving, and sometimes dying, in a search for better lives. The sense that migration systems are deeply flawed is shared around the world and across the political spectrum, albeit with very different views about how to respond. In this brief essay focused on the US, the author maps the transformation in the twentieth century of human movement into a crime and explore the relevance of US constitutional commitments to this country's law of the border. For the title, she have borrowed the phrase "within its jurisdiction" from the Constitution's Fourteenth Amendment to invite reflection not only on the meaning of its promise that no state shall "deny to any person within its jurisdiction the equal protection of the laws" but also on the role that territory plays in thinking through this country's assertions of power over and its responsibilities toward migrants.
ISSN:0003-049X
2326-9243