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39 N. Ill. U. L. Rev. 1 (2018-2019)

handle is hein.journals/niulr39 and id is 1 raw text is: 

Resistance Strategies in the Immigrant Justice


                          MARIELA   OLIVARES*

     Topics of immigration reform have created deep polarization. To some
degree, these political and societal divisions regarding immigrants' place
and  ability to remain in the United States drove the Republican successes in
the 2016 elections and carried Donald Trump  to the White House. When po-
litical conservatives called for decreased migration and increased deporta-
tions of immigrants already in the United States, progressive politicians and
advocates for immigrants did not present a unified and thoughtfl response.
I discuss this failed narrative strategy in an earlier publication, in which I
decry this historic and contemporary lack of cohesive strategy. I end Narra-
tive Reform Dilemmas   by observing that the process of creating a cohesive
strategy must include an understanding of what fuels contrasting viewpoints
and  a recognition that reform will only occur when it benefits the most polit-
ically powerful majority. Hearkening to the pioneering work of Derrick A.
Bell and the phenomenon   of interest convergence, I discuss how immigrant
advocates must consider how  to create and effectuate a strategy that furthers
humanitarian  immigration  reform  while also incorporating the divergent
views of other political and societal actors.
     In this Article, I continue this discussion about crafting a strategic nar-
rative. Part I begins by defining a goal for immigrant advocates. Setting a
goal or purpose  is a crucial first step for any group engaged in a strategic
plan. Without delving deeply into the historic difficulties that constrain the
struggle for equality for immigrants, which ultimately must question broad
concepts ofcitizenship and borders (and is best left to another scholarly pro-
ject), I discuss aframework for preliminary steps. At its foundation, success
must  embody justice for immigrants, which entails a legislative and political
system  that embraces fairness through  membership  identity. Membership
would  include affiliative and contractual aspects, as Hiroshi Motomura de-
tails in his writings, while also ascribing to humanitarian ideals offairness
and justice, as Joseph Carens and Martha  Nusbaum   espouse. But creating

      *   Associate Professor of Law, Howard University School of Law; L.L.M.,
Georgetown University Law Center; J.D., University of Michigan Law School; B.A., Univer-
sity of Texas at Austin. I sincerely thank those who have contributed greatly to this project.
Thank you to the wonderful feedback of Stacy Hawkins, Maritza Reyes, Yolanda Vasquez
and Lua K. Yuill, participants at the LatCrit 2017 Conference; to my friends and colleagues
Karla M. McKanders and Elizabeth Keyes and to my research assistants Kayla Moore and
Kristina Jacobs. I would also like to thank Howard University and Dean Danielle Holley-
Walker of the Howard University School of Law for the continued support of my work and
scholarship through funding, collegiality and friendship.

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