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Publisher:
Cambridge University Press
Online publication date:
October 2023
Print publication year:
2023
Online ISBN:
9781009198950

Book description

This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race, and intersectional insights to Supreme Court opinions. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.

Reviews

‘This provocative volume reveals how judge-made immigration doctrine is complicit in the shattering of migrant families, the devaluation of migrant labor, and the perpetuation of migrant precarity. Its intersectional feminist analysis challenges us not to fix an immigration system that is functioning according to design but to create anew.'

Kathryn Abrams - Berkeley Law

‘Informed by the insights of feminist legal theory and critical race theory, these authors reimagine landmark Supreme Court immigration cases. The rewritten opinions illustrate how a more generous legal imagination could have avoided past injustices, and show us how law can better serve the ends of justice going forward.'

Jennifer Chacon - University of California, Berkeley School of Law

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