Dominique Marangoni-Simonsen A Forgotten History: How the Asian American Workforce Cultivated Monterey County's Agricultural Industry, Despite National Anti-asian Rhetoric 27 Hastings Environmental Law Journal 229 (Winter, 2021) This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these... 2021
Ali Shan Ali Bhai A Border Deferred: Structural Safeguards Against Judicial Deference in Immigration National Security Cases 69 Duke Law Journal 1149 (February, 2020) When confronted with cases lying at the intersection of immigration and national security, the judiciary has abided by a consistent principle: the president knows best. Since the late nineteenth century, rather than deciding these cases on the merits, courts have instead deferred to the executive branch. Courts' reluctance to engage in judicial... 2020
Gabriel J. Chin A Nation of White Immigrants: State and Federal Racial Preferences for White Noncitizens 100 Boston University Law Review 1271 (September, 2020) U.S. law, of course, drew many lines based on race from the earliest days of slavery and colonialism. It is also well known that the government discriminated against noncitizens in favor of citizens in areas such as licensing and land ownership. This Article proposes that during the long Jim Crow era, there was an additional body of racially... 2020
Carrie L. Rosenbaum Anti-democratic Immigration Law 97 Denver Law Review 797 (Summer, 2020) [I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized... 2020
Tamas Dezso Ziegler Anti-enlightenment in International Business and Trade Law: a U.s.-- E.u. Comparison 19 Journal of International Business and Law 162 (Spring, 2020) After the inauguration of Donald Trump as president of the U.S. and the success of authoritarian, far-right leaders in certain countries in the E.U., the legal framework of international trade changed drastically. This article elaborates on this phenomenon by highlighting the effect of the Western anti-Enlightenment tradition, a tradition... 2020
Walter I. Gonçalves, Jr. Banished and Overcriminalized: Critical Race Perspectives of Illegal Entry and Drug Courier Prosecutions 10 Columbia Journal of Race and Law 1 (2020) Scholarship on illegal entry and drug courier prosecutions fails to apply Critical Race Theory (CRT). Disregard of how these prosecutions contribute to racial stratification in and outside American prisons or how drug couriers experience intersectionality ignores sociological and cultural processes. Criminal justice professionals have racialized... 2020
Megan J. Ballard Cultivating Civic Belonging for Resettled Refugees 34 Georgetown Immigration Law Journal 545 (Spring, 2020) C1-3Table of Contents I. Introduction. 546 II. Theoretical Bases for Study. 552 III. Methodology. 554 IV. Refugees and Predeparture Orientation Programs. 556 V. Canadian and U.S. Predeparture Orientation Programs. 559 A. Broad Distinctions between Canadian and U.S. Orientation Programs. 560 B. Comparison of Specific Legal Rules in Each Book. 561 1.... 2020
Anders Newbury Illegal Immigration Arrests: a Vermont Perspective on State Law and Immigration Detainers Supported by Intergovernmental Agreements 44 Vermont Law Review 645 (Spring, 2020) Introduction. 646 I. Historical Background: The Politics of Immigration and Rising Federal-State Tensions. 649 A. A Brief History of Immigration Policy in the United States. 649 B. Vermont and the Immigration Enforcement Debate. 653 II. Evolution of Legal Challenges to Detainers. 655 A. Statutory Interpretation of Immigration Enforcement. 655 B.... 2020
Kevin R. Johnson Proposition 187 and its Political Aftermath: Lessons for U.s. Immigration Politics after Trump 53 U.C. Davis Law Review 1859 (April, 2020) C1-3Table of Contents L1-2Introduction . L31861 I. Proposition 187 in Brief. 1866 A. The Proposition 187 Campaign: Racism and Nativism at Work. 1868 1. You are the Posse and SOS is the Rope.. 1870 2. The Take Over of California with Crime and Third World Cultures. 1870 3. California's Possible Annexation by Mexico. 1871 4. Those Little F... 2020
Rebecca S. Swaintek Protecting the Least among Us: Using the Flores Agreement as a Model for an Alternative to Detention for the Mentally Ill in Ice Custody 12 Drexel Law Review 417 (2020) Mentally ill migrants are currently being detained in cells where noose-like bedsheets hang from vents and their mental health treatment often consists of solitary confinement. Mentally ill adult migrants detained by ICE in the United States do not receive the care their psychological conditions require because ICE facilities are illequipped,... 2020
Robert L. Tsai Racial Purges 118 Michigan Law Review 1127 (April, 2020) The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies... 2020
Mariela Olivares The 1986 Immigration Reform and Control Act as Antecedent to Contemporary Latina/o/x Migration 37 Chicana/o-Latina/o Law Review 65 (2020) C1-2Table of Contents Introduction. 65 I. History of Immigration Law and Policy. 67 II. Immediate Effects of IRCA. 70 III. IRCA Effects on Current Migration Trends and Political Movements. 75 Conclusion. 80 2020
Janine Silga The Ambiguity of the Migration and Development Nexus Policy Discourse: Perpetuating the Colonial Legacy? 24 UCLA Journal of International Law and Foreign Affairs 163 (Spring, 2020) This Article seeks to identify the influence of the colonial legacy on migration policies, paying particular attention to the European context. Its goal is to assess the extent to which the current policy discourse on the migration and development nexus (MDN) stems from a conception of development that is still tightly connected with colonialism.... 2020
Chloe Meade The Border Search Exception in the Modern Era: an Exploration of Tensions Between Congress, the Supreme Court, and the Circuits 26 Boston University Journal of Science and Technology Law 189 (Winter, 2020) The Supreme Court has long held that the border is different when it comes to unwarranted searches and seizures. This is due to the government's prevailing interest in preventing the entry of unwanted persons and effects . at the international border. Circuit courts, however, are beginning to reconsider the scope of the border search exception... 2020
Michael Doran The Equal-protection Challenge to Federal Indian Law 6 University of Pennsylvania Journal of Law & Public Affairs 1 (November, 2020) This article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit. The theory underlying the attack is that the statute distinguishes between... 2020
Ingrid Eagly, Steven Shafer The Institutional Hearing Program: a Study of Prison-based Immigration Courts in the United States 54 Law and Society Review 788 (December, 2020) This article presents the findings of the first research study of the Institutional Hearing Program (IHP), a prison-based immigration court system run by the U.S. Department of Justice. Although the IHP has existed for four decades, little is publicly known about the program's origin, development, or significance. Based on original analysis of... 2020
Carrie F. Cordero, Heidi Li Feldman, Chimène I. Keitner The Law Against Family Separation 51 Columbia Human Rights Law Review 430 (Winter, 2020) This Article offers the first comprehensive assessment of how domestic and international law limits the U.S. government's ability to separate foreign children from the adults accompanying them when they seek to enter the United States. As early as March 6, 2017, then-Secretary of Homeland Security John Kelly told CNN's Wolf Blitzer that he was... 2020
Ingrid V. Eagly The Movement to Decriminalize Border Crossing 61 Boston College Law Review 1967 (June, 2020) Introduction. 1968 I. Immigration Prosecution in the Trump Era. 1974 A. Executive Orders on Immigration Crime. 1977 B. Zero Tolerance for Illegal Entry. 1982 C. Enhanced Punishment for Illegal Reentry. 1986 II. The Movement to Resist Border Criminalization. 1991 A. Ending the Forced Separation of Families. 1991 B. Protecting the Rights of Asylum... 2020
Zainab Ramahi The Muslim Ban Cases: a Lost Opportunity for the Court and a Lesson for the Future 108 California Law Review 557 (April, 2020) On January 27, 2017, newly inaugurated President Donald Trump signed an Executive Order that banned individuals from certain Muslim-majority countries from entry into the United States. The district and circuit courts' subsequent refusals to sanction the Muslim Bans offered hope to those who recognized the bans as part of a legacy of racist and... 2020
Hiroshi Motomura The New Migration Law: Migrants, Refugees, and Citizens in an Anxious Age 105 Cornell Law Review 457 (January, 2020) L1-2Introduction . L3458 I. Immigration, Immigrants, and Civil Rights. 460 A. The Era of Explicit Discrimination. 460 B. America Changes. 463 C. The Rule of Law. 466 D. Borders With Justice, Without Racism. 471 E. The Limits of Civil Rights. 474 II. Migrants and Refugees. 479 A. Refugee Protection. 480 B. Exceptionalism Under Pressure. 483 C.... 2020
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