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23 (The history of immigration, Unauthorized immigration, American Indians…
23
The history of immigration
More Latinos and Asians are migrating
Total Fertility Rate
2 to 1 ratio
Latinos have high TF rate
Original immigrants are European
Unauthorized immigration
Immigration Reform and Control Act of 1986
Latino Participation in Politics
Immigrants come to work
American Indians
Disease
Federal Status
it has now been stabilized
Poverty
Hispanic vs. Latino
A Hispanic is someone who can claim heritage from a Spanish-speaking country.
Latino: an alternative to term Hispnaic that is preferred.
The rights of illegal immigrants
National Security and the Rights of Illegal Immigrants
Antiterrorism and Effective Death Penalty Act of 1996
some limits
when related to terrorism, secrete evidence, rights denied (freedom of speech, ex post facto laws)
Due process of law
rights
face a judge, be represented, examine the evidence against them
Rights of Illegal Immigrants (denied)
Freedom of Speech
Ex Post Facto Laws
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Judicial standards of review
Strict Scrutiny
: A judicial standard for assessing the constitutionality of a law or government action
when the law or action threatens to interfere with a fundamental right or potentially discriminates against members of a suspect classification.
Test 2: Is it tailored to meet that interest?
Test 3: Is it the least restrictive means in order to meet that interest?
Test 1: Does it have a compelling government interest?
Intermediate, or Exacting Scrutiny
Suspect Classification
a classification such as race, religion, or national origin, that triggers (desencadena) strict scrutiny by the courts when a law or government action potentially discriminates against members of the class.
Intermediate, or Exacting Scrutiny
a judicial standard used to determine whether a law or government action unconstitutionally discriminates against
women.
Rational Basis Review
a judicial standard used for assessing a law or government action
when neither strict nor intermediate scrutiny apply.
Affirmative Action
Supreme Court Addresses Affirmative Action
Affirmative action:
a policy in educational admissions or job hiring that gives special attention or treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination.
Minorities and women
Implementing Affirmative Action
Equal Protection Clause
discrimination against the mejority
Executive Order in 1965
Pres. Johnson
Reverse discrimination
The Bakke Case
Reverse Discrimination: Discrimination against individuals who are not members of a minority group.
Recent decisions on affirmative action
Additional Limits
Adarand Constructors, Inc. vs. Pena 1995
Univeristy of Michigan