Immigration presented a constitutional and political problem in the nineteenth-century United States. Until the 1870s, the federal government played only a very limited role in regulating immigration. The states controlled mobility within and across their borders and set their own rules for community membership. This book demonstrates how the existence, abolition, and legacies of slavery shaped immigration policy as it moved from the local to the national level. Throughout the antebellum era, defenders of slavery feared that if Congress had power to control immigration, it could also regulate the movement of free black people and perhaps even the interstate slave trade. The Civil War removed the political and constitutional obstacles to a national immigration policy. Admission remained the norm for European immigrants until the 1920s, but Chinese immigrants fell into a different category. Starting in the 1870s, the federal government excluded Chinese laborers, deploying techniques of registration, punishment, and deportation first used against free black people in the antebellum South. To justify these measures, the Supreme Court ruled that authority over immigration was inherent in national sovereignty and required no constitutional justification. The federal government continues to control admissions and exclusions today, while the states play a double-edged role in regulating immigrants' lives, depending on their politics and location. Some monitor and punish immigrants; others offer sanctuary and refuse to act as agents of federal law enforcement. By examining the history of immigration in a slaveholding republic, this book reveals the tangled origins of border control, incarceration, deportation, and ongoing tensions between local and federal authority in the United States--
- | Author: Kevin Kenny
- | Publisher: Oxford University Press
- | Publication Date: Apr 25, 2023
- | Number of Pages: 344 pages
- | Language: English
- | Binding: Hardcover
- | ISBN-10: 0197580084
- | ISBN-13: 9780197580080
