While connecting such extralegal state powers to a free flow position on immigration, Kretsedemas also observes how these same discretionary powers have been used historically to control racial minority populations, particularly African Americans under Jim Crow. This kind of discretionary authority often appeals to "states rights" arguments, recently revived by immigration control advocates. Using these and other examples, Kretsedemas explains how both sides of the immigration debate have converged on the issue of enforcement and how, despite differing interests, each faction has shaped the commonsense assumptions defining the debate.
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