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From its founding, the United States has always claimed to be a nation of immigrants, yet in the past century the issue of immigration has become an even more contentious political issue surrounded by heated rhetoric filled with passion, but devoid of information. This thesis hopes to interrupt this rhetoric with a thorough analysis of immigration politics in Arizona through a legal lens, a theoretical lens and an empirical lens. While this thesis by no means looks at all facets of immigration politics, it informs in a manner that adds depth by providing information on the history behind, and legal arguments surrounding, the most contentious piece of immigration legislation in the United States at the moment. It then provides a theoretical analysis of how immigration legislation has created carceral networks and a panoptic gaze in Arizona specifically. It ends with a recommendation for further empirical research to partner with both the legal and theoretical frameworks. This thesis concludes that, fortified with over a century of case law, the plenary power doctrine is unwavering, and it makes federal immigration legislation an overly powerful tool in our political system from which the courts can offer little if any protection. Congress walks a fine line between preempting immigration regulation and devolving immigration regulation. SB 1070 and the 287(g) program are two contested areas of immigration regulation, which both exhibit and alter the power relationships of immigration politics in Arizona. Additionally, the application of the theories of Michel Foucault illuminates the power relationships at play in Arizona - from the power relationships among nation states in the broader political arena of geopolitics and colonialism to the face-to-face power relationship between a police officer and a stopped/detained/arrested person in a Foucauldian carceral network. This thesis ends with a call for empirical research that would yield an opportunity to analyze these relationships. This thesis discusses the importance of empirical study. It situates the study within the genre of surveillance studies and its theorists. It analyzes similar studies, and identifies the variables the most illuminating for this analysis. This thesis is written in the hope that a researcher will pick up where this thesis has left off.
ContributorsBycura, Marquette (Author) / Schweitzer, Nick (Thesis advisor) / Vargas, Perla (Committee member) / Simmons, William (Committee member) / Arizona State University (Publisher)
Created2011
Description
Indian water rights and Indian water settlements have emerged as a means for resolving long-standing despites and water rights claims. Working with and understanding water rights demands a genuine knowledge of water issues that are specific to each indigenous community as there are cultural aspects and perspectives towards water that are involved. The Gila River Indian Community is an indigenous community in south central Arizona, whose cultural and historic origins span over two millennia. Their foundation as a people was tied to the presence of the Gila and Salt Rivers, from which they freely diverted its waters through hundreds of miles of hand-dug canals, to transform the Sonoran desert into a desert oasis. There is a historical progression of this Community's water rights from when water was abundant to the time it was scarce, leading to an outright denial of a livelihood where water and farming was central to their way of life. A water rights settlement was an option that was pursued because it offered a chance for the Community to see the return of their water. The 2004 Gila River Indian Community Water Rights Settlement has been recognized as the largest Indian water rights settlement in United States history and serves as a model for future water settlements. The success of Indian water settlements in the United States has the potential, under the right political and legal conditions, to be replicated in other areas of the world where water resources are under dispute and water rights have come into conflict between indigenous and non-indigenous users.
ContributorsNavajo, Isaac A (Author) / Simmons, William (Thesis advisor) / Vaughan, Suzanne (Committee member) / Casper, Monica (Committee member) / Arizona State University (Publisher)
Created2012