Creating Crimmigration
![handle is hein.journals/byulr2013 and id is 1522 raw text is: Creating Crimmigration
Cisar Cuauhtimoc Garcia Herndndez *
The story of the United States has been one of welcoming
foreigners. It has also been a story of excluding foreigners.' Some
prospective immigrants have been deemed worthy of admission into
the country, while others have been turned back.2 Some entered
without asking the government's permission and were deported after
coming to the federal government's attention, while others were
given reprieve.4 Still others have been allowed permission to enter
only to have that permission rescinded.s The bases of inclusion and
exclusion have shifted over time, but they have always turned on
markers of desirability or undesirability.'
* Visiting Professor, University of Denver Sturm College of Law; Associate Professor,
Capital University Law School; Publisher, crImmigration.com. Many thanks to Ernesto
Hernandez-Lopez and Margaret B. Kwoka whose comments on earlier drafts greatly improved
this article.
1. See KEVIN R. JOHNSON, THE HUDDLED MASSES MYTH: IMMIGRATION AND
CIVIL RIGHTS 2 (2004) [hereinafter JOHNSON, HUDDLED MASSES].
2. See generally Immigration and Nationality Act of 1952 § 203(a)-(c), 8 U.S.C.
§ 1153(a)-(c) (2012) [hereinafter INA] (explaining the categories of noncitizens who may be
admitted as lawful permanent residents); § 204(a), 8 U.S.C. § 1154(a) (detailing the process
for admitting noncitizens as lawful permanent residents); § 214(a), 8 U.S.C. § 1184
(authorizing admission of noncitizens as nonimmigrant visitors); § 212(a), 8 U.S.C. § 1182(a)
(providing grounds of inadmissibility).
3. See generally INA § 237(a)(1)(A), (B), 8 U.S.C. § 1227(a)(1)(A), (B) (providing
grounds of deportation for noncitizens who were inadmissible at the time of entry or are
presently in violation of immigration law).
4. See State and Local Regulation of Unauthorized Imm!rant Employment,
Developments in the Law: Immigrant Rights & Immigration Enforcement, 126 HARV. L. REV.
1565, 1613 (2013) (explaining that [a]lmost 3 million undocumented immigrants received
lawful permanent resident status through IRCA's amnesty program); see also INA § 245(i), 8
U.S.C. § 1255(i) (authorizing adjustment of status for certain noncitizens who entered
without inspection).
5. See generally INA § 237(a), 8 U.S.C. § 1227(a) (authorizing deportation of any
noncitizen who was admitted into the United States and then violated the conditions of their
stay through one of many enumerated actions).
6. See Pooja Gehi, Struggles from the Margins: Anti-Immigrant Legislation and the
Impact on Low-Income Transgender People of Color, 30 WOMEN'S RTS. L. REP. 315, 316-17
(2009) (explaining that immigration law in the United States has been constructed as a way
to keep in desirables and keep out undesirables, then listing multiple categories of people who
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Creating Crimmigration
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