Race, Civil Rights, and Immigration Law after September 11, 2001: The Targeting of Arabs and Muslims

摘要: This article is part of a symposium on "Migration Regulation Goes Local: The Role States in U.S. Immigration Policy." Although only time will tell, September 11, 2001 promises to be watershed the history United States. Not long after tragedy, supporters and critics alike saw federal government as "pushing envelope" restricting civil liberties name national security. analyzes nation's response horrific loss life 11 shows how centralization immigration power hands government, may exacerbate rights impacts enforcement laws. has acted more swiftly uniformly than states ever could, with severe consequences for Arab Muslim community That reaction was nature - thus scope well uniform design impact, precious few legal constraints worsened impacts. deprivations resulting from action reveals that regulation double-edged sword. law pre-empts state laws designed regulate or discriminate against aliens, it can also, constraints, strike out at immigrants across nation if sees fit. turn suggests role states, immigrants, especially times crisis, deserves most serious attention. government's also demonstrates close relationship between Noncitizens historically have been vulnerable deprivations, large because permits, perhaps even encourages, extreme governmental conduct minimal protections noncitizens. Unfortunately, current backlash Arabs Muslims fits comfortably into nativist history. In sum, complex matrix "otherness" based race, origin, religion, political ideology contributes attacks As occurred past, ripple effects security measures end adversely affect all noncitizens, not just Muslims. Indeed, we contend this article, war terrorism term adverse citizens noncitizens To help us better understand latest "war terrorism," Part I Article general demonization generally influenced by, reinforced, negative stereotypes. section reviews actions directed combating before 11. Professor Edward Said observed, these "has displaced Communism public enemy number one." translated near exclusive focus "foreign terrorists," particularly II studies zealous investigatory methods disregard their rights, possible response.