AuthorTitleCitationSummaryYearKey Term in Title or Summary
Kevin R. Johnson Immigration and Civil Rights in the Trump Administration: Law and Policy Making by Executive Order 57 Santa Clara Law Review 611 (2017) Immigration is quickly changing the racial demographics of the United States. In so doing, it is creating both tensions and opportunities. The author responds to those who advocate restricted immigration as the solution to racial problems. He refutes the underlying assumptions of such Euro-immigrationists: that the United States has a solely white,... 1993  
Jayashri Srikantiah Introduction 16 Stanford Law and Policy Review 317 (2005) In the October 1991 Term, the United States Supreme Court handed down an unprecedented four immigration decisions. In all four, the Court decided in favor of the Immigration and Naturalization Service. In this Article, Professor Kevin R. Johnson explains and analyzes these recent decisions and considers their implications for future immigration... 1993  
M. Margaret McKeown , Emily Ryo The Lost Sanctuary: Examining Sex Trafficking Through the Lens of United States V. Ah Sou 41 Cornell International Law Journal 739 (Fall 2008) The United States is a nation of immigrants and refugees. The founding fathers, Thomas Jefferson and others did ... create a civic culture which made it possible for the United States to make Americans out of people from vastly different cultural and religious backgrounds unlike any other country. Therefore, some writers contend that American... 1993  
Henry Yu, University of California, Los Angeles Andrew Gyory, Closing the Gate: Race, Politics, and the Chinese Exclusion Act, Chapel Hill: the University of North Carolina Press, 1998. Pp. Xii + 354. $49.95 Cloth (Isbn 0-8078-2432-1); $19.95 Paper (Isbn 0-8078-4739-9). 20 Law and History Review 418 (Summer, 2002) Because Congress is held to have plenary power to exclude aliens from the United States, efforts to eliminate discrimination from this nation's immigration policy tend to rely on basic notions of fairness rather than on the legal rights of aliens. Supporters of the 1965 amendments to the Immigration and Nationality Act employed such a fairness... 1992 Yes
Freddy Funes Beyond the Plenary Power Doctrine: How Critical Race Theory Can Help Move Us past the Chinese Exclusion Case 11 Scholar: St. Mary's Law Review on Minority Issues 341 (Spring 2009) C1-3TABLE OF CONTENTS I. INTRODUCTION. 67 II. RELEVANCY. 70 III. THE SETTING. 73 A. Historical U.S. Exclusion of Aliens. 73 B. Historical Treatment of U.S. Citizens with AIDS. 74 IV. LEGISLATIVE FRAMEWORK. 76 A. Immigration Reform and Control Act of 1986 (IRCA). 76 1. General IRCA Provisions. 76 2. General Legalization. 77 B. The HIV Amendment (The... 1992 Yes
Alina Das Inclusive Immigrant Justice: Racial Animus and the Origins of Crime-based Deportation 52 U.C. Davis Law Review 171 (November, 2018) In the halls of the University College of Galway, posters advertise the next topic of the school's debate team: Is Ireland the 51st state of the United States? It is estimated that approximately 100,000 Irish immigrants were living illegally in the United States in 1990, and more were soon to follow, due in large part to the Immigration Act of... 1992  
Jayashri Srikantiah, Shirin Sinnar White Nationalism as Immigration Policy 71 Stanford Law Review Online 197 (March, 2019) When overzealous government policies make victims of vulnerable segments of society, it is not unusual for alarms to sound in the halls of organizations that champion civil liberties. But when such policies target children, a sensitive nerve is struck in all of us. The Immigration and Naturalization Service (INS) should not have been surprised,... 1992  
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) A woman from the Philippines was abused by her United States citizen spouse. He threatened to have immigration authorites deport her to the Philippines if she tried to leave him. She stayed. He later cut her all over her back, head, and hands with a meat cleaver. An American citizen married a Polish woman and brought her to the United States.... 1991  
Peggy Li Hitting the Ceiling: an Examination of Barriers to Success for Asian American Women 29 Berkeley Journal of Gender, Law & Justice 140 (Winter 2014) I. Plenary Power as Constitutional Law A. Classical Immigration Law B. Plenary Power in the Early Modern Era II. Phantom Norms, Statutory Interpretation, and Constitutional Change A. Constitutional Norms and Statutory Interpretation B. The Emergence of Phantom Norm Decisionmaking in Immigration Law C. Constitutional Change: From Phantom Norms to... 1990  
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) The debate over American immigration policy has always reflected both high ideals and base impulses. This dialectic has affected immigration law doctrine in distinctive ways. Uncertainty about the constitutional rights of aliens, the power of Congress and the executive and the proper role of the judiciary have made immigration law concepts... 1990  
Harvey Gee Some Thoughts and Truths about Immigration Myths: the "Huddled Masses" Myth: Immigration and Civil Rights 39 Valparaiso University Law Review 939 (Summer, 2005) Section 901 of the Foreign Relations Act, Fiscal Years 1988 and 1989, guarantees that some aliens will not be excluded or deported because of their ideological expression or association. Resident aliens and members of the Palestine Liberation Organization are excepted from section 901 and are, therefore, subject to ideological exclusion. This... 1989  
James W. Gordon Was the First Justice Harlan Anti-chinese? 36 Western New England Law Review 287 (2014) We do almost no single sensible and deliberate thing to make family life a success. And still the family survives. It has survived all manner of stupidity. It will survive the application of intelligence. Walter Lippmann A couple, who for the purposes of this article shall be identified as the Smiths, a citizen and nonimmigrant student, met and... 1989 Yes
Kevin R. Johnson IMMIGRATION LAW LESSONS FROM DEPORTED AMERICANS: LIFE AFTER DEPORTATION TO MEXICO 50 Southwestern Law Review 305 (2021) In an issue that reflects our penchant for periodic celebration and our habit of thinking decimally, it will doubtless be noted that the Harvard Law Review was born during the centenary of the United States Constitution and thatof coursethe Review's hundredth birthday occurs as the nation celebrates the Constitution's bicentennial. Several will... 1987  
Mary Fan The Case for Crimmigration Reform 92 North Carolina Law Review 75 (December, 2013) The historic struggle for freedom of expression, both in England and in this country, was primarily directed against the power of the licensor. Recognizing this origin of the first amendment, the Supreme Court has repeatedly struck down licensing schemes that vest the government with discretionary power to censor the content of public debate. A... 1987  
Margaret Hu Algorithmic Jim Crow 86 Fordham Law Review 633 (November, 2017) American history is the history of many peoples. In our multicultural society immigrants have followed two paths to satisfy their need to belong: they have turned inward to group solidarity and outward toward assimilation. Professor Karst explores these two paths to belonging and illustrates how our Constitution can aid outsiders in their search... 1986  
Rebecca Sharpless Immigrants Are Not Criminals: Respectability, Immigration Reform, and Hyperincarceration 53 Houston Law Review 691 (Winter 2016) Immigration has long been a maverick, a wild card, in our public law. Probably no other area of American law has been so radically insulated and divergent from those fundamental norms of constitutional right, administrative procedure, and judicial role that animate the rest of our legal system. In a legal firmament transformed by revolutions in due... 1984  
Gabriel J. Chin RELIEF AND STATUTES OF LIMITATION FOR DEPORTABLE NONCITIZENS UNDER ASIAN EXCLUSION, 1882-1948 50 Southwestern Law Review 218 (2021) One often reads or hears that a state has a right to exclude all aliens from its territory unless a treaty obligation requires admission. Frequently, that proposition prefaces discussion of such issues as immigration quotas, expulsion and deportation of aliens, justiciability and procedural due process in litigation involving immigration questions,... 1983  
Shoba Sivaprasad Wadhia Business as Usual: Immigration and the National Security Exception 114 Penn State Law Review 1485 (Spring 2010) C1-8TABLE OF CONTENTS L1-8 PAGE L2-7,T7Introduction 644 I. L2-7,T7Immigration: Admission and Exclusion of Aliens 647 A. L3-7,T7Numerical Restriction: The Quota System 648 L4-7,T7Determination of Quota 648 L4-7,T7Allocation to Quota 650 (a) L6-7,T7Quota to Which Alien Is Chargeable 650. (b) L6-7,T7Preferences within the Quota 651. (c) L6-7,T7Special... 1953  
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