, 15 tweets, 5 min read Read on Twitter
THREAD
White Nationalism as Immigration Policy
“Two years into the Trump presidency, white nationalism may be driving the Administration’s immigration policy.”
Jayashri Srikantiah & Shirin Sinnar
stanfordlawreview.org/online/white-n…
White Nationalism /2
“We view white nationalism as “the belief that national identity should be built around white ethnicity, and that white people should therefore maintain both a demographic majority and dominance of the nation’s culture and public life.”
White Nationalism /3
“[L]egal challenges to Trump’s restrictive immigration policies should call out white nationalism as the underlying harm, both through raising equal protection claims and in presenting the overall theory of the case.”
White Nationalism /4
“The President’s statements &policies suggest that he views U.S. national identity in racial terms &seeks to preserve the nation’s predominantly white identity.
...the President has parroted ideas of white cultural threat popular among white nationalists.”
White Nationalism /5
“President’s comments on immigration to Europe even more strongly suggest that he views immigration as a cultural threat to the U.S...He called immigration to Europe a “shame”..that it “changed the fabric of Europe”.. Europeans “are losing [their] culture.”
White Nationalism /6
“..Administration’s immigration policies reflect its white nat’list rhetoric. [It]issued a dizzying array of policy changes..explicitly target or disproportionately affect noncitizens of color at the same time that..Trump’s statements reflect racist intent.”
White Nationalism /7
“Administration instituted..Muslim Travel Ban.. ended Temporary Protected Status (TPS) for noncitizens from El Salvador, Haiti, Nicaragua, and Sudan..limit grants of status to Mexican &Central American immigrants..rescinded..(DACA)...
White Nationalism /8
“..restrict rts of individuals w/in..U.S. to apply for asylum,contrary to..plain language of..immig statutes &..longstanding practice..
escalated enforcement &detention, attempted to move deportation cases..as to preclude..preparing defense or finding attys”
White Nationalism /9
“To the extent that the President’s statements reflect a view of U.S. national identity as centered in white identity, they render immigration policies suspect even if the President has not disparaged the particular nonwhite nationalities affected.”
White Nationalism /11
“Challenges to facially neutral immig statutes w/a disparate impact on racial minorities must overcome not only plenary power doctrine’s restrictive review,but also inhospitable legal landscape 4such claims under Supreme Ct’s equal protection jurisprudence.”
Litigants challenging..Administration immigration policies that are accompanied by statements of racial animus are turning to equal protection claims, despite the The plenary power doctrine and the hostile legal standard for those claims.[I]n some cases they are winning...”
White Nationalists/13
“Equal protection litigation can frame public dialogue, advance the claims of social movements, and promote extrajudicial political change by highlighting the core equality principle at stake.”
White Nationalism /14
“The equal protection argument promotes the public message that, while people can reasonably disagree over the proper scale and form of immigration, white nationalism can never be a legitimate basis for immigration policy.”
White Nationalism /15
“Especially at a time when litigation often dominates news coverage of immigration, highlighting the equal protection claim can focus public attention on core values—who we are as a nation—rather than on legalistic defects in policy enactment.”
White Nationalism /16
“[T]he failure to raise equality claims presents its own risk..If legal actors cannot call out racism even when it manifests in the express comments and policies of the President, there is little hope of countering it in its more subtle and pervasive forms.”
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