October 26, 2010

Slavery As Immigration

Rhonda V. Magee, University of San Francisco Law School, has published Slavery as Immigration? in volume 44 of the University of San Francisco Law Review (2009). Here is the abstract.

Slavery as Immigration? In this essay, the author argues that transatlantic slavery was, in significant part, an immigration system of a particularly pernicious sort – a system of forced migration immigration aimed at fulfilling the nascent country's needs for a controllable labor population, and desire for a racialized one. As such, the law and policy of chattel slavery should be viewed as perhaps the most important historical antecedent to contemporary immigration law regarding low- and unskilled labor in the United States. Following an analysis of the treatment of chattel slavery in general immigration history scholarship, and in scholarship on the history of immigration law, the author concludes that immigration law texts must include a discussion of chattel slavery that properly locates that system as a forerunner of modern immigration law and policy, and immigration scholars should devote more attention to chattel slavery. She concludes with a discussion of the broader implications of such a reframing for the American national community as a whole.
 Download the article from SSRN at the link.

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