1924 quotas] was a race-based nativism, which favored the ‘Nordics’ of northern and western Europe over the ‘undesirable races’ of eastern and southern Europe.”); see also id. at 72 (“The Quota Board used census race categories to make its calculations. It subtracted from the total United States population all blacks and mulattoes, eliding the difference between the ‘descendants of slave immigrants’ and the descendants of free Negroes and voluntary immigrants from Africa.”). 21 Karla McKanders, Immigration and Blackness: What’s Race Got to Do With It?, Am. Bar Ass’n (May 16, 2019), https://www.americanbar.org/groups/crsj/resources/human-rights/archive/immigrationblackness-whats-race-got-do-it/. 22 Asian Am. Educ. Project, Immigration and Nationality Act of 1965 – Civil Rights Movement Era, https://asianamericanedu.org/immigration-and-nationality-act-of-1965.html (last visited Apr. 17, 2025). 23 McKanders, supra note 21 (citing Lyndon B. Johnson, President of the United States, Remarks at the Signing of the Immigration Bill Liberty Island (Oct. 3, 1965)). 24 Muzaffar Chishti, Faye Hipsman, & Isabel Ball, Fifty Years On, the 1965 Immigration and Nationality Act Continues to Reshape the United States, Migration Pol’y Inst. (Oct. 15, 2015), https://www.migrationpolicy.org/article/fifty-years-1965-immigration-and-nationality-act-continuesreshape-united-states. 25 Michelle Ye Hee Lee, Donald Trump’s false comments connecting Mexican immigrants and crime, Wash. Post. (July 8, 2015), https://www.washingtonpost.com/news/factchecker/wp/2015/07/08/donald-trumps-false-comments-connecting-mexican-immigrants-and-crime/. 26 Ryan T. Beckwith, President Trump Called El Salvador, Haiti ‘Shithole Countries’: Report, Time (Jan. 11, 2018), https://time.com/5100058/donald-trump-shithole-countries/. 27 ACLU Wash., Muslim Ban Timeline, https://www.aclu-wa.org/pages/timeline-muslim-ban (last visited Apr. 17, 2025); see also Brief of NAACP Legal Def. & Educ. Fund as Amicus Curiae, Trump v. International Refugee Assistance Project, 582 U.S. 965 (Sept. 18, 2017), https://clearinghouse.net/doc/91908/. 28 Southern Poverty L. Ctr., Family separation – a timeline (Mar. 23, 2022), https://www.splcenter.org/resources/stories/family-separation-timeline/. 29 Executive Order No. 13769, 82 Fed. Reg. 8922 (Jan. 27, 2017). 30 For census years 1980 and 1990, “Black immigrants” and “foreign-born Black population” refer to persons born outside the U.S., Puerto Rico or other U.S. territories whose sole self-identified race is Black, regardless of Hispanic origin. Prior to 2000, respondents to Census Bureau surveys and decennial census could make only one selection in the race question. In 2000 and later, respondents were able to indicate they were of more than once race. Christine Tamir, Key findings about Black immigrants in the U.S., Pew Rsch. Ctr. (Jan. 27, 2022), https://www.pewresearch.org/short-reads/2022/01/27/key-findings-aboutblack-immigrants-in-the-u-s/. 31 Id. 32 McKanders, supra note 17. 33 Tamir, supra note 30. 34 Id. 35 Christine Tamir & Monica Anderson, Chapter 1: The Caribbean is the largest origin source of Black immigrants, but fastest growth is among African immigrants, in One-in-Ten Black People Living in the U.S. Are Immigrants, Pew Rsch. Ctr. (Jan. 20, 2022), https://www.pewresearch.org/2022/01/20/thecaribbean-is-the-largest-origin-source-of-black-immigrants-but-fastest-growth-is-among-africanimmigrants/. 36 Nana Gyamfi & Ronald Claude, Black All. for Just Immigr. Informational One-Pager for the U.N. Hum. Rts. Comm. on the Elimination of Racial Discrimination (Jan. 5, 2023), https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/forums/forum-africandescent/sessions/session1/statements/2023-01-05/Black-Alliance-for-Just-Immigration.pdf. 37 Id. 38 Evin Millet, Demographic Profile of Black Undocumented Immigrants in the United States: Data and Policy Briefing, Ctr. for Migration Stud. of N.Y. (2022), https://cmsny.org/wpcontent/uploads/2022/04/Demographic-Profile-of-Black-Undocumented-Immigrants-in-the-UnitedStates-55.pdf.

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