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Caging Borders and Carceral StatesIncarcerations, Immigration Detentions, and Resistance$
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Robert T. Chase

Print publication date: 2019

Print ISBN-13: 9781469651231

Published to North Carolina Scholarship Online: September 2020

DOI: 10.5149/northcarolina/9781469651231.001.0001

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PRINTED FROM UNIVERSITY OF NORTH CAROLINA PRESS SCHOLARSHIP ONLINE (www.northcarolina.universitypressscholarship.com). (c) Copyright University of North Carolina Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NCSO for personal use.date: 23 September 2021

Carceral Shadows

Carceral Shadows

Entangled Lineages and Technologies of Migrant Detention

(p.57) Carceral Shadows
Caging Borders and Carceral States

David Manuel Hernández

University of North Carolina Press

The chapter stretches across two centuries, from the antebellum period to the dawn of the twenty-first century, to reveal the blueprint of immigration control that marked, regulated, controlled, and expelled migrant peoples from the nation. This immigration control regime racially targeted Asian and Latina/o noncitizens as “racial bookends” to the twentieth century that allowed the state to associate in the public mind migration with criminality while issuing a strict legal definition that catalogued the migration of these two racial peoples as “criminal aliens,” invoking “’perpetual foreignness.” In this long survey of immigration control, the chapter considers how particular moments of economic crisis and depression, public health fears, foreign wars, and national security anxieties fed racial fears over new migrant groups that were subsequently labeled as “enemy aliens” and criminalized within an immigration control regime that resorted to carceral practices. What made this detention regime distinct from criminal law was the practice of plenary power and administrative punishment where the state enacted criminal prosecutorial power over immigration but denied due process to noncitizens.

Keywords:   Immigration control, Migrant, Asian, Latina/o, Criminality, Racial fears, Detention, Plenary power, Noncitizens, punishment

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