Migration and the Origins of American Citizenship : African Americans, Native Americans, and Immigrants

This book traces the logics of slavery and settler colonialism in early US legal rulings and public policy about migration and citizenship. It presents the constitutional development of immigration law from the British colonies to the late nineteenth century, explaining the shifting balance of power between the state and federal governments.

Since the late nineteenth century, the US federal government has enjoyed exclusive authority to decide whether someone has the ability to enter and stay in US territory. But freedom of movement was not guaranteed in the British colonies or early US. By contrast, voluntary migrants were met with strict laws and policies created by colonies and states, which denied free mobility and settlement in their territories to unwanted populations.Migration and the Origins of American Citizenship presents a story of constitutional development that traces the confluence of the logics of slavery and settler colonialism in early legal rulings and public policy about migration and citizenship. The book examines the division of labor between the national and state governments that endured for over a century, reasons why that arrangement changed in the late nineteenth century, and what the transformation meant for people subject to those regimes of control. Drawing into one study the migration policy histories of groups of people that are usually studied separately, and combining the methodologies of political science, history, and law, Anna O. Law reveals the unmistakable effects of slavery and Native American dispossession in modern US immigration policy.