AuthorTitleCitationSummaryYearKey Term in Title or Summary
Erin E. Stefonick The Alienability of Alien Suffrage: Taxation Without Representation in 2009 10 Florida Coastal Law Review 691 (Summer 2009) The circuits are currently split as to whether undocumented immigrants are entitled to Second Amendment rights. In 2015, the U.S. Court of Ap' peals for the Seventh Circuit in U.S. v. Meza-Rodriguez became the first circuit to explicitly hold that undocumented immigrants are part of the people referred to in the U.S. Constitution. This... 2016  
Victor C. Romero The Congruence Principle Applied: Rethinking Equal Protection Review of Federal Alienage Classifications after Adarand Constructors, Inc. V. Peña 76 Oregon Law Review 425 (Summer 1997) The image of a hotel with each floor representing different immigration statuses provides a way to introduce the confounding immigration system we have in the United States, on both technical and policy levels. The imagery of the hotel helps to explain how one gets into the immigration hotel (the admissions process) and also how one gets kicked out... 2016  
Gabriel J. Chin A Chinaman's Chance in Court: Asian Pacific Americans and Racial Rules of Evidence 3 UC Irvine Law Review 965 (December, 2013) A series of events in 2014 brought significant attention to the United States-Mexico border. Over the summer, reports of an influx of undocumented Central American immigrants began circulating. Though most coverage mentioned only children crossing the border, many of these young migrants traveled alongside their mothers. Reports of this influx... 2015  
Charles P. Reichmann Anti-chinese Racism at Berkeley: the Case for Renaming Boalt Hall 25 Asian American Law Journal 5 (2018) Between July 1964 and October 1965, Congress enacted the three most important civil rights laws since Reconstruction: The Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Immigration and Nationality Act Amendments of 1965. As we approach the 50th anniversary of these laws, it is clear that all three have fundamentally remade the... 2015 Yes
Carrie L. Rosenbaum Crimmigration--structural Tools of Settler Colonialism 16 Ohio State Journal of Criminal Law 9 (Fall, 2018) For decades, scholars of immigration law have anticipated the demise of the plenary power doctrine. The Supreme Court could have accomplished this in its recent decision in Kerry v. Din, or it could have reaffirmed plenary power. Instead, the Court produced a splintered decision that did neither. This Essay examines the long process of attrition... 2015  
Christopher Mendez Dignity Takings in Leviathanic Immigration Proceedings 21 Scholar: St. Mary's Law Review on Race and Social Justice 403 (2019) Headlines have highlighted the plight of unaccompanied children seeking asylum at our southern border. Some political pundits have called this a crisis, casting blame for the migrant influx on our outdated and confusing immigration policies. Yet further away from the border, another group of migrants--all of whom have already resettled... 2015  
Cristina Isabel Ceballos, David Freeman Engstrom, Daniel E. Ho DISPARATE LIMBO: HOW ADMINISTRATIVE LAW ERASED ANTIDISCRIMINATION 131 Yale Law Journal 370 (November, 2021) How does the appearance of racial difference shape our view of citizenship and national identity? This Article seeks to address that question by examining two early twentieth-century cases involving the naturalization of Indian immigrants to the United States. In United States v. Bhagat Singh Thind (1923), the Supreme Court determined that Hindus... 2015  
Jayesh M. Rathod Immigrant Labor and the Occupational Safety and Health Regime 33 New York University Review of Law and Social Change 479 (2009) If you know your history Then you would know where you coming from, Then you wouldn't ask me Who the eck do I think I am. --Bob Marley, Buffalo Soldier Courts and judges make mistakes. Sometimes, those mistakes are founded on invidious racial stereotypes and a denial of equal protection under the law. Hong Yen Chang's denial of admission to the... 2015  
Evangeline Dech Nonprofit Organizations: Humanizing Immigration Detention 53 California Western Law Review 219 (Spring, 2017) INTRODUCTION. 198 I. CONSTRUCTING THE LEGAL SUBJECT: UNDOCUMENTED DELINQUENT YOUTH AND MULTIPLE LAYERS OF ILLEGALITY. 201 A. Layer One: The Undocumented Child and the Immigration System. 202 1. Rhetoric and the Othering of Immigrants. 204 2. Immigrant Children and Vulnerability. 207 B. Layer Two: State and Local Juvenile Delinquency Systems. 211... 2015  
  Panel Two--women in the Global Economy 22 Berkeley Journal of Gender, Law & Justice 325 (2007) Introduction. 235 I. Starting From the First Page: Historicizing Stereotypes of Asian Prostitutes in Early United States Immigration Policy. 239 II. Tonight I Will Be Miss Saigon . . . I'll Win a G.I. and Be Gone: Marriage Fraud and New Conceptions of Asian Prostitution in Twentieth Century Immigration Policy. 245 III. Confess, Repudiate,... 2015  
Reginald Leamon Robinson The Other Against Itself: Deconstructing the Violent Discourse Between Korean and African Americans 67 Southern California Law Review 15 (November, 1993) There is arguably no other case that is more familiar to immigration legal scholars than Chae Chan Ping v. United States. Chae Chan Ping, a Chinese laborer and long-term non-citizen resident of the United States found himself excluded at the border after a trip to China. Border officers denied him entry under an amendment to the Chinese Exclusion... 2015 Yes
Laurence C. Nolan Yellow: Race in America Beyond Black and White--an Interesting Read for the Great Dissenter in Plessy V. Ferguson 47 Howard Law Journal 87 (Fall 2003) With its plenary power doctrine, the Supreme Court erred by rejecting the universal in favor of the particular. Liberal immigration theorists, on the other hand, make the opposite error by rejecting the particular in favor of the universal. Drawing on classic international law publicists and the Catholic philosophical tradition, this essay argues... 2015 Yes
Donald S. Dobkin Challenging the Doctrine of Consular Nonreviewability in Immigration Cases 24 Georgetown Immigration Law Journal 113 (Winter, 2010) Crimmigration, the nexus of criminal and immigration law, means that each year, hundreds of thousands of noncitizens are arrested for minor or nonviolent crimes, convicted in criminal court, placed in immigration court deportation proceedings, and deported. The U.S. government has criminalized immigrants at an increasing rate over time, and law... 2014  
Pamela Theodoredis Detention of Alien Juveniles: Reno V. Flores 12 New York Law School Journal of Human Rights 393 (Spring, 1995) From the 1880s, states and self-governing colonies in North and South America, across Australasia, and in southern Africa began introducing laws to regulate the entry of newly defined undesirable immigrants. This was a trend that intensified exclusionary powers originally passed in the 1850s to regulate Chinese migration, initially in the context... 2014 Yes
Lauri Kai Embracing the Chinese Exclusion Case: an International Law Approach to Racial Exclusions 59 William and Mary Law Review 2617 (May, 2018) I. Introduction. 141 II. The Glass Ceiling, The Bamboo Ceiling, and their Exclusion of Asian American Women. 142 A. The Glass Ceiling. 143 B. The Bamboo Ceiling. 145 C. The Exclusion of Asian American Women. 146 III. Using Intersectionality to Acknowledge the Experiences of Asian American Women. 148 IV. Understanding the Origins and Perpetuation of... 2014 Yes
Jonathan Riedel MIRRORED HARMS: UNINTENDED CONSEQUENCES IN THE GRANT OF TRIBAL COURT JURISDICTION OVER NON-INDIAN ABUSERS 45 American Indian Law Review 211 (2021) Introduction. 106 I. DACA, Prosecutorial Discretion, and Youngstown. 114 A. DACA and the DREAM Act. 114 B. DACA Meets Youngstown. 116 1. Prosecutorial Discretion in Immigration Law. 117 2. Why Prosecutorial Discretion Cannot Support DACA. 122 II. Protection of Intending Citizens and Presidential Stewardship. 128 A. The Neutrality Proclamation and... 2014  
Milton Vickerman Post-1965 Immigration and Assimilation: a Response to Randy Capps 14 Virginia Journal of Social Policy and the Law 206 (Winter 2007) INTRODUCTION. 900 I. THE SHIFTING HISTORY OF IMMIGRATION AND IMMIGRATION RHETORIC. 902 A. Complicated Early Immigration History. 902 1. Founding Through 1880s. 903 2. 1880s Through 1965. 904 B. Attempting to Make Immigration a Civil Rights Issue: The 1965 Immigration Act. 905 C. Formal Equality, Functional Inequality Since 1965. 908 II. REFORM... 2014  
Kevin R. Johnson Race Matters: Immigration Law and Policy Scholarship, Law in the Ivory Tower, and the Legal Indifference of the Race Critique 2000 University of Illinois Law Review 525 (2000) Legal scholarship lacks a comprehensive account of the theoretical underpinnings of immigration law. This Article attempts to fill that void by identifying four theories to explain various aspects of immigration law and the arguments advanced in support of such law: (1) individual rights theory, which turns on the prospective migrant's right of... 2014  
Erik Camayd-Freixas, Ph.D. Raids, Rights and Reform: the Postville Case and the Immigration Crisis 2 DePaul Journal for Social Justice 1 (Fall 2008) My whole nature responds to the principle of equality of all men before the law, as well as to the principle of the equal protection by the laws for everyone in his personal and property rights. - John Marshall Harlan [T]o be labeled a prophet is to be held to an impossible standard. In many ways, Harlan's views fell short of our current notions... 2014  
Daniel J. Tichenor, Alexandra Filindra Raising Arizona V. United States: Historical Patterns of American Immigration Federalism 16 Lewis & Clark Law Review 1215 (Winter, 2012) No doubt local efforts to control immigration are on the rise. Arizona's Senate Bill 1070 is the most well-known example of this trend, though other examples exist as well. Most existing criticism attacks such efforts as violating the supposed exclusive federal control of the immigration sphere Yet, such arguments, in part, are based upon a myth... 2014  
Irene Scharf Second Class Citizenship? The Plight of Naturalized Special Immigrant Juveniles 40 Cardozo Law Review 579 (December, 2018) Punitive school discipline procedures have increasingly taken hold in America's schools. While they are detrimental to the wellbeing and to the academic success of all students, they have proven to disproportionately punish minority students, especially African American youth. Such policies feed into wider social issues that, once more,... 2014  
Peter A. Le Piane Stateless Corporations: Challenges the Societas Europaea Presents for Immigration Laws 18 Saint John's Journal of Legal Commentary 311 (Fall 2003) Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the... 2014  
Brendan Lee The (New) New Colossus: Amending the Investor Visa Program to Comport with the Mandate of the United States' Immigration Policy and Benefit U.s. Workers 30 Journal of Civil Rights & Economic Development 63 (Fall, 2017) The Article explores the state of immigrant battered women in the United States, focusing on how their identity as a politically and culturally marginalized community impacts the measure of help that they receive. Specifically, the Article examines the 2012-2013 Violence Against Women Act (VAWA) reauthorization debate as an example of how... 2014  
Ingrid V. Eagly The Movement to Decriminalize Border Crossing 61 Boston College Law Review 1967 (June, 2020) The United States is a proud nation of immigrants, with a short memory. As the country's need for immigrant labor continues unabated, legislative reaction to these labor demands is myopic. It is undisputed that the American desire for cheap labor incentivizes the migration of unskilled and undocumented guest workers. As long as market demand for... 2014  
Monika Batra Kashyap TOWARD A RACE-CONSCIOUS CRITIQUE OF MENTAL HEALTH-RELATED EXCLUSIONARY IMMIGRATION LAWS 26 Michigan Journal of Race and Law 87 (Winter, 2021) This year marks the fiftieth anniversary of the landmark 1964 Civil Rights Act, which outlawed discrimination on the basis of race, color, religion, sex, and national origin. Although the Chinese Exclusion Act is long gone and the United States government has admitted the great injustice in interning over 110,000 Japanese Americans, our country... 2014 Yes
Stuart Chinn Trump and Chinese Exclusion: Contemporary Parallels with Legislative Debates over the Chinese Exclusion Act of 1882 84 Tennessee Law Review 681 (Spring, 2017) Through a discourse analysis of the 1886 decision of Yick Wo v. Hopkins, this Essay critically examines the decision's capacity to provide terms for reconciling a coming global order with the political protections of the Constitution, especially the protections of the Fourteenth Amendment. That reconciliation involves the protected rights of... 2014 Yes
Monika Batra Kashyap Unsettling Immigration Laws: Settler Colonialism and the U.s. Immigration Legal System 46 Fordham Urban Law Journal 548 (June, 2019) United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its papers please law, SB 1070, the American... 2014  
Bill Ong Hing Answering Challenges of the New Immigrant-driven Diversity: Considering Integration Strategies 40 Brandeis Law Journal 861 (Summer, 2002) Beginning with this nation's founding and continuing today, courts and political leaders have grappled with difficult questions as to the proper treatment of aliens--those individuals either living here or interacting with the government, but not bearing the title of U.S. citizen. In the annual James Madison Lecture, Judge Karen Nelson Moore... 2013  
Li Chen Chinese Crusaders' Lawfare Against Chinese Exclusion Laws 36 UCLA Pacific Basin Law Journal 139 (Spring, 2019) Despite obvious overlaps between immigration law, refugee law, and citizenship, legal scholars have tended to disaggregate them, studying them in isolation. This Article brings refugee law in closer conversation with both immigration law and citizenship by presenting the previously unknown history of Pershing's Chinese refugees: 522 Chinese... 2013 Yes
Adam B. Cox , Eric A. Posner Delegation in Immigration Law 79 University of Chicago Law Review 1285 (Fall 2012) For the past few decades, and increasingly in the past few years, U.S. state governments have supplemented federal immigration law with state laws overtly designed to combat the perceived ills stemming from undocumented immigration to the United States. Proponents of these laws justify them on the basis of a normative negativity associated with... 2013  
Christopher Ho , Jennifer C. Chang Drawing the Line after Hoffman Plastic Compounds, Inc. V. Nlrb: Strategies for Protecting Undocumented Workers in the Title Vii Context and Beyond 22 Hofstra Labor and Employment Law Journal 473 (Spring 2005) I. INTRODUCTION II. WE'VE BEEN HERE BEFORE III. NORTH AMERICAN FREE TRADE AGREEMENT IV. THE CHINA EFFECT V. SWEET HOME ALABAMA VI. I'VE GOT GEORGIA ON MY MIND VII. MISSISSIPPI BURNING VII. POSITIVE IMPLICATIONS OF STATE IMMIGRATION REFORM IX. GUEST WORKER PROGRAM A. H-2A Guest Worker Program B. Helping Agriculture Receive Verifiable Employees... 2013  
Stewart Chang Feminism in Yellowface 38 Harvard Journal of Law & Gender 235 (Summer 2015) I. Introduction. 564 II. Hegemonic and Dominant Masculinities are Framed Relationally and Depend on Maintaining a Marginalized Other . 566 III. Maintaining Dominant Masculinities at the Borders Through the Exclusion of Marginalized Masculinities. 569 A. Marginalized Effeminacy and the Chinese Exclusion Act. 569 B. Masculinities in Crisis... 2013 Yes
Adela de la Torre, Ph.D., Julia Mendoza Immigration Policy and Immigration Flows: a Comparative Analysis of Immigration Law in the U.s. and Argentina 3 Modern American 46 (Summer-Fall, 2007) In early 2012, the Department of Labor took an unexpected step in support of immigrant workers, changing the way H-2B visas are issued to make it harder both to hire and to exploit immigrant workers. The changes in regulation were the result of years of hard work by advocates for both Union workers, and immigrants. However, by the end of the summer... 2013  
Karen M. Longacher Losing the Forest for the Trees: How Current Immigration Proposals Overlook Crucial Issues 11 Temple International and Comparative Law Journal 429 (Fall 1997) Introduction. 1 I. Background. 3 A. The Long Drought. 3 B. S.B. 1070 and the Courts. 7 C. Arizona v. United States. 10 1. Police Inquiries: Limiting Section 2B. 13 2. Federal Control: Foreign Policy and Executive Enforcement Discretion. 15 II. Implications: Restricting State Immigration Enforcement Power. 19 A. Rejecting Inherent Authority. 19 1.... 2013  
Lee J. Terán Mexican Children of U.s. Citizens: "Viges Prin" and Other Tales of Challenges to Asserting Acquired U.s. Citizenship 14 Scholar: St. Mary's Law Review on Minority Issues 583 (2012) Introduction. 102 I. The DREAM: Legislation and Narrative. 105 A. The DREAM Act and Immigration Reform Proposals for DREAMers. 105 B. The Narrative Being Told. 109 1. Harnessing the American Dream. 109 2. A Story of Worthiness and Blamelessness. 112 II. DREAMers Exposing and Expanding the Limits of Citizenship. 115 A. The Claiming of Citizenship... 2013  
John L. Pollock Missing "Persons": Expedited Removal, Fong Yue Ting, and the Fifth Amendment 41 Arizona Law Review 1109 (Winter, 1999) Introduction. 1151 I. Asian Pacific American Identity Formation. 1152 A. Birth of the Asian American Movement. 1152 B. Asian American Jurisprudence. 1154 II. Reconceptualizing Asian Pacific American Identity Through Transnational Immigration History and Law. 1156 A. Transnational Perspectives. 1157 B. Asians in the Americas--Regulating Race and... 2013  
Jillian S. Hishaw Mississippi Is Burning Georgia's Peaches Because Alabama Is No Longer a Sweet Home: a Legislative Analysis of Southern Discomfort Regarding Illegal Immigration 58 South Dakota Law Review 30 (2013) Introduction. 1221 I. Immigration Marriage Fraud as a Legal Fiction. 1228 II. The Racial Problem with Coaching . 1235 III. Translation as Fraudulent Speaker. 1239 IV. Love Letters and Whiteness. 1243 V. The Citizen Subject as Innocent Speaker. 1246 Conclusion. 1249 2013  
Julia Ann Simon-Kerr Moral Turpitude 2012 Utah Law Review 1001 (2012) Introduction. 1281 I. The Case for Unauthorized Immigration as a Latino Issue. 1282 A. Evidence from the World Wide Web. 1283 B. Legislative Evidence. 1283 C. Public Commentary. 1287 II. Reasons Why Latinos and the Unauthorized Are Conflated. 1288 A. Powerful Numbers and Rapid Growth. 1288 B. Geographic Proximity. 1290 C. Economic Factors. 1290 D.... 2013  
Kevin R. Johnson Open Borders? 51 UCLA Law Review 193 (October, 2003) Introduction. 2262 I. The Path to Recognizing Deportation as Punishment. 2267 A. Immigration Law Context. 2267 1. The Plenary Power and Sovereign Deference. 2267 2. Mandatory Deportation for Aggravated Felony Convictions. 2268 3. Legal Precedent/Legal Fiction: Deportation Is Not Punishment. 2271 B. Deportation as Punishment. 2274 1. Theory. 2275 2.... 2013  
Janine Young Kim Postracialism: Race after Exclusion 17 Lewis & Clark Law Review 1063 (2013) Introduction. 966 I. Asians as Untrustworthy Witnesses. 967 A. Competency and Credibility Under State Law. 967 1. Incompetency. 967 2. Credibility. 970 B. Chinese Witnesses Under Federal Law. 972 1. Incompetency. 973 a. Residence certificates. 973 b. Returning merchants. 974 c. Pharmacy workers in China. 975 2. Credibility. 975 II. The Statutory... 2013 Yes
Dan Ordorica Presidential Power and American Fear: a History of Ina § 212(f) 99 Boston University Law Review 1839 (September, 2019) It is not possible to police the movement of aliens without first determining who is and is not a citizen. Yet little scholarly attention has been devoted to the nature of citizenship determinations or their implication for our understanding of immigration enforcement as a whole. Thousands of U.S. citizens are caught up in immigration... 2013  
Natsu Taylor Saito The Enduring Effect of the Chinese Exclusion Cases: the "Plenary Power" Justification for On-going Abuses of Human Rights 10 Asian Law Journal 13 (May, 2003) The nation is mired in immigration reform debates again. Leaders vow that this time will be different. The two groups most targeted by immigration control law over the last century, Hispanics and Asians, have increased in numbers and in political power. Conservative leaders are realizing that hostile policies toward people perceived as foreign are... 2013 Yes
Adam Francoeur The Enemy Within: Constructions of U.s. Immigration Law and Policy and the Homoterrorist Threat 3 Stanford Journal of Civil Rights & Civil Liberties 345 (August, 2007) The ongoing mass deportation of undocumented aliens has caused a human rights crisis in the United States. The deportation program rests on federal statutes that require removal from the United States of millions of immigrants through procedures that deny them due process and the equal protection of the laws. It is justified by a supposed... 2013  
Nikolas Bowie , Norah Rast THE IMAGINARY IMMIGRATION CLAUSE 120 Michigan Law Review 1419 (May, 2022) The story of the United States has been one of welcoming foreigners. It has also been a story of excluding foreigners. Some prospective immigrants have been deemed worthy of admission into the country, while others have been turned back. Some entered without asking the government's permission and were deported after coming to the federal... 2013  
Allen Slater , Richard Delgado THE LEAST OF THESE: THE CASE FOR NATIONWIDE INJUNCTIONS IN IMMIGRATION CASES AS A CRITICAL DEMOCRATIC INSTITUTION 25 U.C. Davis Social Justice Law Review 100 (Summer, 2021) The theme of the Symposium at which this Article was presented was Immigration Law and Institutional Design. Our mission, as Symposium participants, was to assess the efficacy of the institutions that adopt and enforce our immigration laws. But before we can possibly make an efficacy assessment, we must address a normative question, namely, just... 2013  
Janel Thamkul The Plenary Power-shaped Hole in the Core Constitutional Law Curriculum: Exclusion, Unequal Protection, and American National Identity 96 California Law Review 553 (April, 2008) This Article examines a profound shift in the concept of race. Although race is widely viewed as socially constructed through continuous struggles over meaning, its content has remained remarkably stable over time. Race, since the nation's founding, has been defined mainly by three social conditions: difference, denigration, and exclusion. Among... 2013  
Ciara Torres-Spelliscy THE POLITICAL BRANDING OF US AND THEM: THE BRANDING OF ASIAN IMMIGRANTS IN THE DEMOCRATIC AND REPUBLICAN PARTY PLATFORMS AND SUPREME COURT OPINIONS 1876-1924 96 New York University Law Review 1214 (October, 2021) This Article explores the importance of the Civil Rights Act of 1870 to the current debate over immigration federalism and the preemption of state and local immigration laws under the Supremacy Clause. The 1870 Act, enacted by the Reconstruction Congress after the Civil War, prohibits discrimination on the basis of alienage. The Article shows... 2013  
Susan Bibler Coutin The Rights of Noncitizens in the United States 7 Annual Review of Law and Social Science 289 (2011) This article investigates how lawyers manage legal and bureaucratic uncertainties associated with humanitarian immigration law by examining their representation of undocumented crime victims petitioning for U Visa status. Immigration attorneys craft dual narratives to persuade adjudicators that their clients qualify for and deserve this new legal... 2013  
Mae M. Ngai The Strange Career of the Illegal Alien: Immigration Restriction and Deportation Policy in the United States, 1921-1965 21 Law and History Review 69 (Spring, 2003) This Article proposes that in 1957, the Supreme Court came close to applying Brown v. Board of Education to immigration law. In Brown, the Supreme Court held that school segregation was unconstitutional. Ultimately, Brown came to be understood as prohibiting almost all racial classifications. Meanwhile, in a line of cases exemplified by Chae Chan... 2013  
  § 6:6. National origin Government Discrimination: Equal Protection Law and Litigation 6:6 (2022) A growing number of states in the United States, including Georgia, have stepped into the area of immigration policy. While various rationales are given for this move, one must wonder what is really behind the drive to have states legislate in an area that has traditionally been reserved for the federal government. This Article explores the effect... 2012  
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