The Ongoing Immigration and Education Debate in the U.S.
The United States is currently engaged in a significant struggle over citizenship rights and access to higher education for undocumented students. The federal government is suing several states to prevent them from offering in-state tuition rates to these students. Meanwhile, the Supreme Court is examining a case that could reshape the interpretation of the Reconstruction Amendments, which guaranteed citizenship to anyone born within the country. To gain deeper insights into this pressing issue, I turned to Anna O. Roe, author of the recently published book Immigration and the Origins of American Citizenship.
Exploring the Historical Context with a Legal Expert
To explore the intersections of immigration and higher education, I reached out to Roe, who serves as the Herbert Kurz Professor of Constitutional Rights at the City University of New York, Brooklyn. Interestingly, Roe’s academic position resonates with themes in my prior work, Priests of Our Democracy, which examines the historic struggles against the Pledge of Allegiance in New York State. A key figure in my book, Frederick Ewen, lost his position at Brooklyn College due to political oppression, which deeply impacted his family. His nephew, Herbert Kurz, established a funded chair at CUNY dedicated to studying how the U.S. Constitution protects marginalized individuals. In our discussion, we delved into topics such as immigration, federalism, and the nuances of academic freedom.
Insights from a Comprehensive Study on Immigration
This dialogue has been refined for clarity.
Q: In your research, what have been the fundamental lessons regarding immigration in the U.S.?
A: My book examines the legal and policy history surrounding freedom of movement from the colonial era to 1888. During this time, local governments—first the colonies, then the states—had almost total control over both international and interstate travel.
The Influence of Colonial History on Modern Mobility
Q: Coming from Virginia, I understand the state’s deep-rooted colonial history. Yet I find myself surprised by the extent of control that subnational governments held over mobility.
A: Federal oversight regarding who can enter or exit the United States did not emerge until 1888. Prior to this, various state laws mandated that European indentured servants carry passes, and such systems were also utilized to control both enslaved and free Africans. In Virginia, while Border Patrol does not exist to check documents, these laws created a means for white individuals to demand identification from Black people, enslaved or free.
Historical Parallels in Policing and Control
A recent publication by legal historian Gautam Rao, titled White Power: Policing Slavery in America, analyzes how slave states employed white citizens as proxies in enforcing slave patrols, enabling them to stop Black individuals and request passes. If resistance was met, it could result in extreme measures. Although the tools of enforcement have changed, the aim was similar: to establish a pretext for policing Black communities and impoverished white individuals.
The Role of In-State Resident Tuition Rates in Federalism
Q: This brings to mind the current policy regarding In-State Resident Tuition Rates (ISRT), which allows any state resident to pay reduced tuition, potentially mitigating citizenship-based disparities. How does federalism facilitate this amidst ongoing federal opposition to immigration?
A: The framers of the U.S. Constitution aimed to prevent power from being overly centralized. To achieve this, they established separate branches of government that could share authority. While the federal government controls immigration at the borders, states continue to wield significant power over residents within their territories. Historically, education has been managed at the state level. Since 1888, states like California and even some conservative states have enacted laws such as ISRT to provide financial assistance to undocumented residents who contribute to the economy through taxes. This trend illustrates that states can pursue pro-immigration policies, complicating the federal government’s legal battles against ISRT initiatives.
Challenges to Academic Freedom in Higher Education
Q: What pressing issues in higher education policy are currently on your radar?
A: One major concern is the rise of attacks on academic freedom, particularly from reactionary forces. Instead of upholding the principles of academic independence, there are concerted efforts to suppress teaching and research that diverge from dominant ideologies. This trend impacts all universities, albeit in differing degrees, with underfunded institutions experiencing disproportionately harsh effects compared to wealthier counterparts. While my tenure provides me some security, adjunct faculty face significant threats to their careers. Higher education serves as a vital counterforce, empowering experts to challenge prevailing narratives. Given the current landscape, it is troubling that tenured faculty seem complacent amidst unprecedented threats to academic freedom.
