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25 Immigr. & Nat'lity L. Rev. 353 (2004)
Opening the Golden Door: Disability and the Law of Immigration

handle is hein.journals/inlr25 and id is 365 raw text is: 353 Opening the Golden Door: Disability and the Law of Immigration Mark C. Weber* The United States is a nation of immigrants. It is also a nation founded on ideals of equality, however imperfectly realized those ideals have always been. This Article considers the equality rights of people with disabilities who seek to pass through the golden door' of immigration into the United States. After the early historical period of free immigration, immigrants with disabilities have been subjected to legal exclusions that grew in stringency with the eugenics movement's message of fear of persons with disabling conditions. Nearly one hundred years passed before changes in attitudes forced a revision in the immigration laws to eliminate many disability- specific exclusions and limits. Nevertheless, both immigration law and public welfare law continue to Professor of Law, DePaul University. B.A., Columbia University; J.D., Yale University. Thanks to Craig Mousin and Douglas Baynton for their comments on the manuscript. Thanks also to the participants in the Symposium for their comments on this paper when it was presented. Special thanks to.my research assistant, Sara E. Mauk. 1. The title of this Article refers to Emma Lazarus' familiar sonnet The New Colossus (1883): Not like the brazen giant of Greek fame, With conquering limbs astride from land to land, Here at our sea-washed, sunset gates shall stand A mighty woman with a torch, whose flame Is the imprisoned lightning, and her name Mother of Exiles. From her beacon-hand Glows world-wide welcome; her mild eyes command The air-bridged harbor that twin cities frame. Keep, ancient lands, your storied pomp! cries she With silent lips. Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore, Send these, the homeless, tempest-tossed to me. I lift my lamp beside the golden door. Arguments Through the Ages: Emma Lazarus, STAR TRIBUNE, Oct. 8, 2001, available at http:// www.startribune.com/stories/1389/729208. Originally published in 8 Journal of Gender, Race and Justice 153 (2004). Used by permission.

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