Elusive citizenship: Immigration, Asian Americans, and the paradox of civil rights

Elusive Citizenship: Immigration, Asian Americans, and the Paradox of Civil Rights

Volumn , Issue , 2004, Pages 1-225

  Park, John S W ^a  

^a UNIVERSITY OF CALIFORNIA   (United States)

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EID: 84900196806     PISSN: None     EISSN: None     Source Type: Book    
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References (152)

1. See generally, First Treatise, and Robert Filmer, Patriarchia, in John Locke, Two Treatises of Government (Thomas Cook, ed., 1947), hereafter Filmer. Hereafter, references to "First Treatise" and "Second Treatise" refer to Locke's Two Treatises of Government.
2. See, for example, David Hume, Of the Social Contract, in Hume's Ethical Writings (Alasdair MacIntyre, ed., 1965)
3. A. John Simmons, The Lockean Theory of Rights (1992);
4. A. John Simmons, Justification and Legitimacy: Essays on Rights and Obligations (2001). Hume is rather colorful in his comments: "Were you to preach, in most parts of the world, that political connexions are founded altogether on voluntary consent or a mutual promise, the magistrate would soon imprison you, as seditious, for loosening the ties of obedience; if your friends did not before shut you up as delirious, for advancing such absurdities." Hume's Ethical Theories, 258-259.
5. An Essay on the Poor Laws, in John Locke, Political Essays 180 (Mark Goldie, ed., 1997).
6. See Henry Maine, Ancient Law 74-76 (1861, 1963, 1972).
7. See D. J. O'Connor, John Locke (1952).
8. John Stuart Mill, The Subjection of Women, in Collected Works (1963, 1982), vol. 21, 265.
9. John Stuart Mill, Principles of Political Economy, in Collected Works, vol. 2, 759-760.
10. John Stuart Mill, The Negro Question, in Collected Works, vol. 6, 92.
11. John Stuart Mill, The Contest in America, in Collected Works, vol. 21, 141.
12. John Stuart Mill, Considerations on Representative Government in John Stuart Mill, On Liberty and Other Essays 345 (1991). Hereafter, references to this essay shall appear as "Considerations."
13. John Stuart Mill, Chapters on Socialism, in Collected Works, vol. 21, 713.
14. Consider a passage from J. H. Burns, "J. S. Mill and Democracy, 1829-1861," in Mill: A Collection of Critical Essays (J. B. Schneewind, ed., 1969), 280-328, on 327: "Democracy in the last resort fails by Mill's standards because it rests counter to all that he had believed and preached for thirty years-the assumption that men are equal in the moral and intellectual qualities required by the exercise of political power." 56.
15. John Rawls, A Theory of Justice 7 (1971), hereafter, "Theory." Again, in Theory, at 54, Rawls says, "The primary subjects of the principles of social justice is the basic structure of society, the arrangement of major social institutions into one scheme of cooperation." 57. Any summary of Rawls' work is fraught with peril. Several distinguished commentators themselves cannot agree on what Rawls said or intended, and it is virtually impossible for anyone to come to a comprehensive, "accurate" summary of this original and challenging work. The summary presented here clearly must be taken in that light, and is by no means intended to be definitive.
16. See Theory, at 120 and 137, and see also, John Rawls, Political Liberalism 25-30 (1995). Hereafter, references to Political Liberalism will appear as PL.
17. John Rawls, The Law of Peoples 8-9 (2001). Hereafter references to The Law of Peoples will appear as LP. Rawls listed a number of primary causes for migration: "One is the persecution of religious and ethnic minorities, the denial of their human rights. Another is political oppression of various forms, as when the members of the peasant classes are conscripted and hired out by monarchs as mercenaries in their dynastic wars for power and territory. Often people are simply fleeing from starvation, as in the Irish famine of the 1840s. Yet famines are themselves in large part caused by political failures and the absence of decent government. The last cause I mention is population pressure in the home territory, and among its complex of causes is the inequality and subjection of women. Once that inequality and subjection are overcome, and women are granted equal political participation with men and assured education, these problems can be resolved. Thus, religious freedom and liberty of conscience, political freedom and constitutional liberties, and equal justice for women are fundamental aspects of sound social policy for a realistic utopia. The problem of immigration is not, then, simply left aside, but is eliminated as a serious problem in a realistic utopia."
18. John Locke, An Essay Concerning Understanding, Knowledge, Opinion, and Assent §12 (Rand, ed., 1931).
19. John Locke, A Letter on Toleration 113-115 (Gough, ed. and trans., 1968).
20. See also A Few Words on Non-Intervention, in Collected Works, vol. 21, 118.
21. See, for example, Alasdair McIntyre, After Virtue: A Study in Moral Theory (1980);
22. Charles Taylor, Sources of the Self: The Making of Modern Identity (1989);
23. Michael Sandel, Liberalism and the Limits of Justice (1998).
24. For an overview of communitarian critiques of liberal theory, see Liberals and Communitarians (Stephen Mulhall and Adam Swift, eds., 1992).
25. See Rogers Smith, Civic Ideals 10 (1997). A more detailed attack is on 481: "[Rawls] has always made the task of social unity artificially easy by adopting some inexcusably evasive premises. He explicitly assumes that he is theorizing only for a 'closed society' without relations to other ones, whose members 'enter into it only by birth and leave it only by death.' Such a society would have to deny its members all expatriation rights and reject all immigrants and refugees, however needy they may be. Those policies are inherently illiberal and undemocratic, and in most modern societies they could be enforced only by harsh coercive measures. These premises allow Rawls to theorize largely without regard to the tasks of nation-building, and therefore his views are useless for considering how liberal democratic polities can properly deal with them."
26. See, for example, Joseph Carens, Aliens and Citizens: The Case for Open Borders, 49 Rev. of Politics 251 (1987). Professor Carens' more recent work focuses on the political claims of immigrants and national minorities already within liberal nation-states.
27. See Joseph Carens, Culture, Citizenship, and Community: A Contextual Exploration of Justice as Evenhandedness (2000). But the essence of his skepticism appears in other recent works
28. for example, Philip Cole, Philosophies of Exclusion: Liberal Political Theory and Immigration (2000). Cole claims that restrictiveimmigration and naturalization rules are inconsistent with basic principles in liberal theory, especially those governing "internal" relations between persons within a liberal state.
29. See Will Kymlicka and W. J. Norman, Return of the Citizen: A Survey of Recent Works on Citizenship Theory, 104 Ethics 352 (1994).
30. Bruce Ackerman, Social Justice and the Liberal State (1980).
31. See, for example, Joseph Carens, "Cosmopolitanism, Nationalism, and Immigration: False Dichotomies and Shifting Presuppositions," paper presented at the Conference on Cosmopolitanism and Nationalism, at Stanford University (Apr. 15-17, 1999). For a recent discussion of Carens' idea in the context of immigration law, please see Howard Change, Immigration Restrictions as Employment Discrimination, 78 Chicago-Kent L. Rev. 291 (2003).
32. Yael Tamir, Liberal Nationalism 101, 110-111 (1993). As "partners in a shared way of life," belonging in a liberal society is indispensable: "Having developed this attitude, they cannot but care for other members, wish them well, delight in their success, and share in their misfortune. These feelings provide individuals with a reason to attend first to the needs and interests of their fellows. If the moral force of such feelings is denied, ruling out any special attention to fellow members, the social structure might collapse and we shall be left with isolated individuals and an abstract humanity."
33. Joseph Raz, Ethics in the Public Domain 159 (1994).
34. See, for example, Arthur Schlesinger's account in The Disuniting of America (1992).
35. Neil MacCormick, "Nations and Nationalism."
36. See also, Neil Mac-Cormick, Beyond the Sovereign State, 56 Mod. L. Rev. 1 (1993).
37. For more on these questions, see Henry Shue, Mediating Duties, 98 Ethics 695 (1988);
38. David Miller, The Ethical Significance of Nationality, 98Ethics 654 (1988);
39. Joseph Raz, National Self-Determination, 87 J. Phil. 448 (1990).
40. For a thorough discussion of the issues involved, see Samuel Scheffler, Boundaries and Allegiance (2001).
41. Daniel Philpott, In Defense of Self-Determination, 105 Ethics 352, 385 (1995).
42. One such argument is by Peter Schuck and Rogers Smith, Citizenship without Consent (1985). Schuck and Smith have argued that American citizenship rules ought to embody consensualist values, such that birthright citizenship should not be presumptively granted. Persons born to American citizens should have a "provisional citizenship" until they are able to declare their intentions, while persons born to illegal immigrants would not have such provisional citizenship at all. Though this work has been praised in part, it has also received substantial criticism.
43. See, for example, Joseph Carens, Who Belongs? Theoretical and Legal Questions about Birthright Citizenship in the United States, 37 U. Tor. L. J. 413 (1987)
44. David Schwartz, The Amorality of Consent, 74 Calif. L. Rev. 2143 (1986);
45. Gerald Neuman, Back to Dred Scott? 24 San Diego L. Rev. 485 (1987).
46. Roger Nett, The Civil Right We Are Not Ready For: The Right of Free Movement of People on the Face of the Earth, 81 Ethics 212, 218 (1971).
47. See also, Timothy King, Immigration from Developing Countries: Some Philosophical Issues, 93 Ethics 525 (1983). notes to chapter 4
48. See generally, George Gorham, Biographical Notice of Stephen J. Field 3 (undated);
49. Carl Brent Swisher, Stephen J. Field, Craftsman of the Law 5 (1930).
50. For Field's early years in California, seeStephen J. Field, California Alcalde 42 (1950). For his own account of his colorful history in California
51. see Stephen Field, Personal Reminiscences of Early Days in California (1893).
52. Andrew Gyory, Closing the Gate: Race, Politics, and the Chinese Exclusion Act 8 (1998).
53. Ronald Takaki, Strangers from a Different Shore: A History of Asian Americans 79 (1989)
54. Justice Field, Jury Instructions, 2 Sawyer 667, at 679-680 (Aug. 22, 1872).
55. Slaughter-House Cases, 111 U.S. 746, 756-757 (1884). In this version of the slaughterhouse cases, the primary issue was whether Louisiana's legislature could revoke the monopoly it had granted to the Crescent City Company. The Court's majority concluded that it could, but Field filed a separate opinion reiterating many of the ideas in his first dissent.
56. Letter from Field to John Norton Pomeroy (Apr. 14, 1882), reprinted in Howard Jay Graham, Everyman's Constitution 105 (1968).
57. For specific histories of Chinese beyond the West Coast, see Edward Rhoads, The Chinese in Texas, 81 Southwestern Hist. Q. 1 (1977);
58. Robert Quan, Lotus among the Magnolias: The Mississippi Chinese (1982);
59. James Loewen, The Mississippi Chinese: Between Black and White (1988);
60. Chinese Immigrants and American Law (Charles McClain, ed., 1994);
61. Arthur Bonner, Alas! What Brought Thee Hither? The Chinese in New York 1800-1950 (1997);
62. Edward Rhoads, Asian Pioneers in the Eastern United States: Chinese Cutlery Workers in Beaver Falls, Pennsylvania, in the 1870s, 2 J. Asian Amer. Stu. 119 (1999).
63. Scott Act, 25 Stat. 504 (Oct. 1, 1888).
64. Chae Chan Ping v. United States, 130 U.S. 581, 603, 606 (1889).
65. Scalia, dissenting, in Zadvydas v. Davis, and Immigration and Naturalization Service v. Kim Ho Ma, 533 U.S. 678 (2001).
66. Justice Brewer, Quoted in Owen Fiss, David J. Brewer: The Judge as Missionary, in The Fields and the Law 53 (1986).
67. Quock Ting v. United States, 140 U.S. 417, 418 (1891).
68. Ronald Takaki, Strangers from a Different Shore 117 (1989).
69. Bill Ong Hing, Making and Remaking of Asian America through Immigration Policy, 1850-1990 73-74 (1993).
70. Geary Act, 27 Stat. 25 (May 5, 1892).
71. Alan Westin, Stephen J. Field and the Headnote to O'Neil v. Vermont: A Snapshot of the Fuller Court at Work, 67 Yale L. J. 363, 381 (1958).
72. Carl Brent Swisher, Stephen J. Field, Craftsman of the Law 442-444 (1930).
73. Wong Wing v. United States, 163 U.S. 228 (1896).
74. See, for example, United States v. Gue Lim, 176 U.S. 459 (1900)
75. Traux v. Raich, 239 U.S. 33 (1915)
76. Flemming v. Nestor, 363 U.S. 603 (1960).
77. United States v. Sing Tuck, 194 U.S. 161 (1904).
78. See Lisa Lowe, Immigrant Acts: On Asian American Cultural Politics 6 (1998).
79. Jonathan Spence, The Search for Modern China 161 (1990).
80. United States v. Wong Kim Ark, 169 U.S. 649 (1898).
81. United States v. Wong You, 223 U.S. 67, 69 (1912).
82. See Roger Daniels, No Lamps Were Lit for Them: Angel Island and the Historiography of Asian American Immigration, 17 J. Amer. Ethn. Hist. 3 (1997).
83. Charles McClain, In Search of Equality: The Chinese Struggle against Discrimination in Nineteenth-Century America 142 (1994).
84. For background on the Meiji Restoration, see James Hoare, Japan's Treaty Ports and Foreign Settlements: The Uninvited Guests, 1858-1899 (1994)
85. W. G. Beasley, The Meiji Restoration (1972)
86. Conrad Totman, Early Modern Japan (1995)
87. W. G. Beasley, The Japanese Experience: A Short History of Japan (1999).
88. Bruno Lasker, Filipino Immigration 92-93 (1930, 1969).
89. Benicio Catapusan, The Filipino Occupational Activities in Los Angeles 84 (MA Thesis, University of Southern California, 1934).
90. Ozawa v. United States, 260 U.S. 178 (1922), and United States v. Thind, 261 U.S. 204 (1923). For a discussion of the background and legal strategy behind Ozawa, see Yuji Ichioka, The Early Japanese Immigrant Quest for Citizenship, 4 Amerasia 12 (1977).
91. For an excellent discussion of both cases, see Ian Haney Lopez, White by Law: The Legal Construction of Race (1996).
92. I am indebted to my former colleague Shirley Thompson for showing me the parallels. See Shirley Thompson, 'Ah Toucoutou, ye conin vous': History and Memory in Creole New Orleans, 53 Amer. Quart. 232 (2001)
93. Teresa Zackodnik, Fixing the Color Line: The Mulatto, Southern Courts, and Racial Identity, 53 Amer. Quart. 420 (2001).
94. See generally, Ronald Takaki, Strangers from a Different Shore 297-300 (1989);
95. Sucheng Chan, Asian Americans54-56 (1991).
96. John Higham, Strangers in the Land: Patterns of American Nativism, 1860-1925 300 (1963).
97. See Stephen Legomsky, Immigration Law and Policy 119 (1992).
98. Paul Spickard, Japanese Americans 102 (1996).
99. Eric Muller, Free to Die for Their Country: The Story of the Japanese American Draft Resisters in World War II (2001).
100. For recent discussions on the Internal Security Act, see Mari Matsuda, McCarthyism, the Internment and the Contradictions of Power, 19 B.C. Third World L. J. 9 (1998);
101. Natsu Taylor Saito, Model Minority, Yellow Peril: Functions of "Foreignness" in the Construction of Asian American Legal Identity, 4 Asian L. J. 71 (1997);
102. and William M. Wiecek, The Legal Foundations of Domestic Anticommunism: The Background of Dennis v. United States, 2001 Sup. Ct. Rev. 375.
103. For a useful overview of this period in Chinese American history, see Iris Chang, The Chinese in America: A Narrative History ch. 14 (2003).
104. Victor Nee and Brett de Bary Nee, Longtime Californ': A Documentary Study of an American Chinatown (1973), 211-212.
105. Xiaojian Zhao, Remaking Chinese America: Immigration, Family, and Community 1940-1965 165-184 (2001).
106. See Mae Ngai, Legacies of Exclusion: Illegal Chinese Immigration during the Cold War Years, 18 J. Amer. Ethn. Hist. 1 (1998).
107. See also Mae Ngai, Illegal Aliens and Alien Citizens: United States Immigration Policy and Racial Formation, 1924-1945 (Ph.D. dissertation, Columbia University, 1998).
108. See Daniel Weintraub, Crime, Immigration Help Wilson, Poll Finds, L.A. Times, Nov. 9, 1994, at A1.
109. Robert B. Gunnison, Wilson Sues Again on Immigration, S.F. Chron., Sept. 23, 1994, at A23.
110. See Louis Freedberg, Wilson Defends Stance on Illegals, S.F. Chron, June 23, 1994, at A2; Julie Marquis, Wilson Blames Ills on Illegal Immigrants, L.A. Times, Oct. 17, 1994, at B1; see also Indecent Proposition in California, N.Y. Times, Oct. 25, 1994, at A20 (noting that although some supporters of Proposition 187 acknowledged that some undocumented aliens migrate to benefit from public services, the primary pull for undocumented aliens is the hope for employment); Elizabeth Hull, Without Justice for All 112 (1985) (stating that the primary pull for undocumented aliens is the hope for employment); Linda Bozniak, Exclusion and Membership: The Dual Identity of the Undocumented Worker under United States Law, 1988 Wis. L. Rev. 955, 988 (stating that "the overwhelming majority of undocumented immigrants come to this country to work"); Note, The Birthright Citizenship Amendment: A Threat to Equality, 107 Harv. L. Rev. 1026, 1038 (1994) (stating that the dominant cause of illegal immigration is the hope of obtaining employment); Patrick J. Mc-Donnell, Prop. 187 Turns Up Heat in U.S. Immigration Debate, L.A. Times, Aug. 10, 1994, at A1 (stating that jobs are "widely considered by scholars and other authorities to be the principal lure for immigrants").
111. See Karen Brandon, Illegal Immigration: A Drain or an Asset?, Chi. Trib., Oct. 18, 1994, at 14.
112. Evelyn C. White, Immigration a Tough Call for Blacks: Proposition 187 Debate Has Stirred Deep Feelings, S.F. Chron, Oct. 10, 1994, at A1.
113. John Wildermuth, Huffington Endorses Proposition 187, S.F. Chron, Oct. 21, 1994, at A3.
114. See Rich Connell, Proposition 187's Support Shows No Boundaries, L.A. Times, Sept. 25, 1994, at A1.
115. Harold Ezell, Enough Is More than Enough, L.A. Times, Oct. 23, 1994, at M5.
116. See Brad Hayward, Foes Sharpen Strategies on Immigration Measure, Sacramento Bee, Sept. 4, 1994, at A1.
117. 457 U.S. 202 (1982). See also, George Will, Reclaiming the Right of Self-Determination, Wash. Post, Oct. 30, 1994, at C7.
118. See Alicia Doyle and Antonio Olivo, Proposition 187's Impact on Race Relations, L.A. Times, Nov. 4, 1994, at B2.
119. Patrick J. McDonnell and Robert J. Lopez, Some See New Activism in Huge March, L.A. Times, Oct. 18, 1994, at B1 (quoting Alan Nelson, coauthor of Proposition 187).
120. Stuart Silverstein, Domestics: Hiring the Illegal Hits Home, L.A. Times, Oct. 28, 1994, at A1; see also, Developments in the Law-Immigration Policy and the Rights of Aliens, 96 Harv. L. Rev. 1286, 1436-1437 (1983) (reviewing statistics on undocumented aliens and finding that they "accept wages and working conditions that are below the acceptable minimums established by United States law but vastly superior to what is available in their home countries").
121. See Plyler v. Doe, 457 U.S. 202 (1982); Family Educational Rights and Privacy Act, 20 U.S.C.A. 1232(g) (West 1996); Louis Freedberg, Immigration Measure Would Cost Schools, S.F. Chron, Aug. 13, 1994, at A1.
122. Marc Sandalow and Louis Freedberg, Panetta Warns State of Prop. 187 "Chaos," S.F. Chron, Oct. 27, 1994, at A2.
123. Howard F. Chang, Shame on Them, Picking on Children, L.A. Times, Sept. 6, 1994, at B5; see Plyler, 457 U.S. at 241 (Powell, J., concurring) ("It can be hardly argued rationally that anyone benefits from the creation within our borders of a subclass of illiterate persons many of whom will remain in the State, adding to the problems and costs of both State and National Governments attendant upon unemployment, welfare, and crime").
124. See Henry P. Pachon, A Flirtation with the GOP Turns Cold, L.A. Times, Nov. 6, 1994, at M5.
125. See Pamela Burdman and Edward Epstein, Wilson Goes after Kemp and Bennett, S.F. Chron, Oct. 20, 1994, at A1; Kemp, Bennett Talk Sense, S.F. Chron, Oct. 21, 1994, at B5; William Buckley, Immigrant Backlash Could Hurt GOP, Houston Chron., Oct. 25, 1994, at B10.
126. See Ron K. Unz, Scaling the Heights of Irrationality, L.A. Times, Oct. 3, 1994, at B7.
127. Efrain Hernandez, Point of Impact; Before It Has Even Come to a Vote, Proposition 187 Has Sent Shock Waves through Central Los Angeles' Vast Immigrant Population and the Institutions That Provide for It, L.A. Times, Nov. 6, 1994, at 14.
128. Ed Mendel, Growers Fear Labor Shortage if Voters End Social Services, San Diego Union-Trib., Oct. 17, 1994, at A3.
129. Susan Ferriss, Prop. 187: A Clash of Rhetoric, Reality, S.F. Examiner, Oct. 30, 1994, at A1.
130. See Louis Freedberg, Mexico Slowly Getting Tougher on Illegals, S.F. Chron, Aug. 12, 1994, at A1; North American Free Trade Agreement, Dec. 17, 1992, U.S.-Can.-Mex., 32 I.L.M. 296.
131. Howard LaFranchi, Proposal against Illegals in California Irks Mexicans, Christian Sci. Monitor, Nov. 3, 1994, at 3.
132. See Patrick Lee, Prop. 187 Threatens to Disrupt Ties with Mexico, L.A. Times, Nov. 10, 1994, at D1; McDonald's in Mexico City Vandalized by Prop. 187 Foes, L.A. Times, Nov. 9, 1994, at A26.
133. Susan Ferriss, Immigrant Ballot Issue Imperils Kids, S.F. Examiner, Oct. 9, 1994, at C1.
134. Leslie Berestein, Asian Groups Unite to Educate Residents on Impact of Prop. 187, L.A. Times, Sept. 25, 1994, at 3. The Asian American community has therefore, responded to Proposition 187 with concern and organized opposition to the measure.
135. See Pamela Burdman, A Push to Get Immigrants to Vote, S.F. Chron, Sept. 24, 1994, at A3; Samuel Cacas, Prop. 187 Continues Stirring the Senses, Asian Wk., Oct. 21, 1994, at 3; Connie Kang, Asian American Groups Organize to Fight Measure, Korea Times, Nov. 2, 1994, at 1; Milton Marks, The Posing Dangers of Proposition 187, Asian Wk., Oct. 21, 1994, at 1; Tina Nguyen, Chinatown; Coalition of Groups Denounce Prop. 187, L.A. Times, Oct. 30, 1994, at 3.
136. Pamela Burdman and Edward Epstein, Wilson Goes After Kemp and Bennett, S.F. Chron, Oct. 20, 1994, at 1; see Edward Epstein, Brown Quotes Wilson against Wilson on Immigration Issue, S.F. Chron, Oct. 26, 1994, at A8 (noting that when Wilson was mayor of San Diego he opposed employer sanctions for hiring illegal immigrants on the theory that the sanctions "would very likely produce the kind of discrimination that a number of minority groups, civil rights groups, are concerned about").
137. Louis Freedberg, Reno Blasts Prop. 187-Questions Legality, S.F. Chron, Oct. 28, 1994, at A4.
138. John W. Mack, Is Black-Latino Friction a Voting Booth Issue? No, L.A. Times, Oct. 24, 1994, at B5.
139. See Doreen Carvajal, Prop. 187 Has Even Backers a Bit Uneasy, L.A. Times, Oct. 31, 1994, at A1.
140. See Paul Feldman, Wilson Acts to Enforce Parts of Prop. 187, L.A. Times, Nov. 10, 1994, at A1; Elizabeth Shogren, Plans to Cut Safety Net Leave Legal Immigrants Dangling, L.A. Times, Nov. 21, 1994, at A1.
141. Kenneth J. Garcia, Wilson's ID Card Idea Draws Scorn, S.F. Chron, Oct. 28, 1994, at A4.
142. See 457 U.S. 202 (1982); see also Marianne Constable, Sovereignty and Governmentality in Modern American Immigration Law, 13 Stud. L., Pol., & Soc'y 249, 261 (1993).
143. See Paul Feldman and Rich Connell, Wilson Acts to Enforce Parts of Prop. 187, L.A. Times, Nov. 10, 1994, at A1 (noting that after enactment of Proposition 187, Governor Wilson responded to these concerns by ordering that all precautions be taken "to deal with any threat of communicable disease, whether through immunization or quarantine or other measures," and also ordering state agencies to protect "the rights of all legal residents" and to ensure that "the provisions of Proposition 187 [be] implemented in a manner that avoids discrimination on the basis of national origin").
144. Brian O'Leary Bennett, An Initiative Even Conservatives Can Hate, L.A. Times, Oct. 7, 1994, at B7.
145. Harold Ezell, Enough Is More than Enough: We Can't Afford Illegal Immigration, L.A. Times, Oct. 23, 1994, at M5.
146. John Jacobs, For Huddled Masses Yearning to Be Free, Prop. 187?, S.F. Examiner, Oct. 31, 1994, at A21.
147. See Susan Yoachum, Huffington Hired Illegal Immigrant, S.F. Chron, Oct. 27, 1994, at A1; INS Says Feinstein Maid Illegal, S.F. Chron., Nov. 5, 1994, at C3.
148. John Wildermuth, Mrs. Huffington Talks about Secret Nanny, S.F. Chron, Nov. 1, 1994, at A1.
149. James Bornemeier, Charting Wilson's Transformation on Immigration, L.A. Times, Nov. 2, 1994, at A3.
150. Henry Pachon, A Flirtation with the GOP Turns Cold, L.A. Times, Nov. 6, 1994, at M5.
151. See Gail D. Cox, Calif. Law on Aliens Spurs Disobedience, Nat'l L. J., Dec. 12, 1994, at A6.
152. For useful background on the Patriot Act and other developments in immigration law, see: Susan Akram and Kevin Johnson, Race, Civil Rights, and Immigration Law after September 11, 2001: The Targeting of Arabs and Muslims, 58 N.Y.U. Ann. Surv. Amer. L. 295 (2002); and David Cole, The New McCarthyism: Repeating History in the War on Terrorism, 38 Harv. C.R.-C.L. L. Rev. 1 (2003).