AuthorTitleCitationSummaryYearKey Term in Title or Summary
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  
Karla M. McKanders America's Disposable Youth: Undocumented Delinquent Juveniles 59 Howard Law Journal 197 (Fall, 2015) As immigration reform efforts continue to experience fits and starts in Congress, immigrant and non-immigrant workers have joined together to advocate for immigration reform at the federal level and to protest the surge of exclusionary immigration measures at the state and local levels. These advocacy efforts demonstrate that many workers connect... 2012  
Adina B. Appelbaum Challenging Crimmigration: Applying Padilla Negotiation Strategies Outside the Criminal Courtroom 6 Georgetown Journal of Law & Modern Critical Race Perspectives 217 (Fall, 2014) criminalization, exploitation, immigration enforcement, immigration law, moral panic, racialization Contrary to popular perceptions that immigration increases crime, the research literature demonstrates that immigration generally serves a protective function, reducing crime. This review takes as its starting point the contradiction between the... 2012  
Margaret Hu Crimmigration-counterterrorism 2017 Wisconsin Law Review 955 (2017) For decades, scholars and advocates criticized the harsh, mandatory nature of the Federal Sentencing Guidelines. They argued that federal district court judges should have discretion to authorize a punishment that fits the facts and circumstances of the crime and the defendant. Similarly, immigration scholars and advocates criticize the harsh laws... 2012  
By Margaret H. Taylor Detained Aliens Challenging Conditions of Confinement and the Porous Border of the Plenary Power Doctrine 22 Hastings Constitutional Law Quarterly 1087 (Summer 1995) From 1882 until 1943, the Chinese Exclusion Era featured a combination of laws and rulings that prevented many Chinese immigrants from entering the United States or becoming citizens. Passed in 1882, the Chinese Exclusion Act marked the first time that the United States restricted immigration on the basis of race and nationality. For over sixty... 2012 Yes
Walter P. Jacob Diversity Visas: Muddled Thinking and Pork Barrel Politics 6 Georgetown Immigration Law Journal 297 (June, 1992) I. Borders, Equality, and Integration. 361 A. Plyler v. Doe. 361 B. Borders Versus Equality. 363 C. Reconciling Borders with Equality. 365 D. The Role of Integration. 365 II. Immigration, Citizenship, Race, and Integration. 368 A. The Burdens of History. 368 B. The Cycle of Skepticism. 371 III. Integration and Immigration Outside the Law. 373 A.... 2012  
Michael R. Curran Flickering Lamp Beside the Golden Door: Immigration, the Constitution, & Undocumented Aliens in the 1990s 30 Case Western Reserve Journal of International Law 57 (Winter 1998) I. Introduction. 584 II. Extraordinary Migration and Pitfalls for Mexican Applicants. 592 A. Mexican Migration Patterns. 594 B. Mass Repatriations . 598 C. Immigration History. 601 1. Birth and Citizenship. 603 2. Accounts of Presence or Residence. 606 III. Substantive and Procedural Requirements for Acquired Citizenship. 607 A. Constitutional... 2012  
Bettina M. Fernandez Hiv Exclusion of Immigrants under the Immigration Reform & Control Act of 1986 5 La Raza Law Journal 65 (Spring, 1992) I. Point of Departure. 119 II. Paving the Road for Racializing Islam: Pre-9/11 Era. 123 A. Muslim Community in the United States. 124 1. Immigrants. 125 2. Natives: African American Muslims. 128 B. Prejudices Against Muslims and Middle Easterners in the Pre-9/11 Era. 130 1. Discrimination Against Middle Easterners and Muslims in the Process of... 2012  
Quinn H. Vandenberg How Can the United States Rectify its Post-9/11 Stance on Noncitizens' Rights? 18 Notre Dame Journal of Law, Ethics & Public Policy 605 (2004) I. Proportionality Review Outside Immigration Law. 418 II. Proportionality Review in Immigration Law. 424 A. Removal as a Punitive Sanction. 425 1. Removal of Permanent Residents. 427 2. Removal of Non-LPRs. 428 B. Re-entry Bars as a Punitive Sanction. 431 C. Case-by-Case Proportionality Review in Immigration Cases. 435 D. Categorical... 2012  
Kari Hong How to End "Illegal Immigration" 33 Maryland Journal of International Law 244 (2018) I. The Immigration Law Influence on National Security Policy. 627 A. Framing the Debate: Trading Rights for Security. 628 B. The Development of Two-Tiered Adjudicatory Structures. 630 C. Restricting Access to the Courts and the Scope of Judicial Review. 633 D. Security as Proxy for Other Aims. 638 II. The Failure to Close Guantánamo. 640 A.... 2012  
Amy Seilliere How Voluntary Abandonment of Permanent Resident Status and Coercion Don't Mix 51 University of the Pacific Law Review 155 (2019) I. The Immigration Law Influence on National Security Policy. 789 II. The Failure to Close Guantánamo. 798 III. Conclusion. 804 2012  
Kevin R. Johnson Immigration and Civil Rights: Is the "New" Birmingham the Same as the "Old" Birmingham? 21 William & Mary Bill of Rights Journal 367 (December, 2012) Immigration law both screens migrants and regulates the behavior of migrants after they have arrived. Both activities are information intensive because the migrant's type and the migrant's post-arrival activity are often forms of private information that are not immediately accessible to government agents. To overcome this information problem,... 2012  
Karla M. McKanders IMMIGRATION AND RACIAL JUSTICE: ENFORCING THE BORDERS OF BLACKNESS 37 Georgia State University Law Review 1139 (Summer, 2021) Immigration policy and regulation have been hotly contested issues in the United States since the 1800s. At the center of this historic immigration debate have been issues of federalism and core questions under the United States Constitution. Arizona v. United States, one of the Supreme Court's blockbuster decisions of the summer of 2012, has... 2012  
Keith Aoki No Right to Own?: the Early Twentieth-century "Alien Land Laws" as a Prelude to Internment 19 Boston College Third World Law Journal 37 (Fall, 1998) Introduction. 194 I. The Exclusions of Plenary Powers. 200 II. Immigration Law: The Fallback Doctrinal Justification for Guantánamo Detentions. 204 A. Boumediene: Limits on Alien Status and Location as Bars to Constitutional Habeas. 205 B. The Kiyemba Triumvirate: Immigration Law and the Fallback to Detain After Habeas. 210 C. Kiyemba and... 2012  
Christian Sundquist PANDEMIC POLICING 37 Georgia State University Law Review 1339 (Summer, 2021) Introduction. 228 I. The Plenary Power Doctrine and Immigration Detention. 230 A. The Origin of the Plenary Power Doctrine. 230 B. Judicial Limitations and Scholarly Criticism. 234 C. The Structure of Immigration Detention. 238 II. Why a Constitutionalized Theory. 243 A. Habeas Corpus, Noncitizens, and Nonpunitive Detention. 243 B. Due Process at... 2012  
Michael Scaperlanda Partial Membership: Aliens and the Constitutional Community 81 Iowa Law Review 707 (March 1, 1996) Introduction. 314 I. The Tumultuous Immigration Debate of the Twenty-First Century. 317 A. Meltdown in the Desert: Arizona's S.B. 1070. 320 1. S.B. 1070: One State's Effort to Bolster Immigration Enforcement. 326 2. One Color-Blind Defense: S.B. 1070 Bans Racial Profiling. 331 3. Another Color-Blind Defense: S.B. 1070 Simply Mirrors Federal Law.... 2012  
Angela M. Banks Precarious Citizenship: Asian Immigrant Naturalization 1918 to 1925 37 Law & Inequality: A Journal of Theory and Practice 149 (Winter, 2019) It has been a quarter of a century since Peter Schuck and Rogers Smith published Citizenship Without Consent, in which they argued that the American-born children of undocumented immigrants should not be accorded citizenship without the express consent of Congress. Citizenship Without Consent has been widely credited with inspiring the contemporary... 2012  
Angela M. Banks Respectability & the Quest for Citizenship 83 Brooklyn Law Review 1 (Fall, 2017) Over the past few years, state legislatures have passed immigration enforcement laws at breakneck speed. As one commentator characterized it: Immigration law is undergoing an unprecedented upheaval. The states . . . have taken immigration matters into their own hands. In response to the widespread perception that the federal government cannot or... 2012  
Kevin R. Johnson Ten Guiding Principles for Truly Comprehensive Immigration Reform: a Blueprint 55 Wayne Law Review 1599 (Winter, 2009) The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend... 2012 Yes
Gabriel J. Chin The Civil Rights Revolution Comes to Immigration Law: a New Look at the Immigration and Nationality Act of 1965 75 North Carolina Law Review 273 (November, 1996) The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), designed to ensure the efficient deportation of criminal aliens, amended 8 U.S.C. § 1226(c) to require the Attorney General to detain any removable alien who has committed a crime of moral turpitude or a crime relating to a controlled substance pending the... 2012  
Tanya Katerí Hernández The Construction of Race and Class Buffers in the Structure of Immigration Controls and Laws 76 Oregon Law Review 731 (Fall 1997) The intensifying convergence of U.S. criminal law and immigration law poses fundamental structural problems. This convergence--which manifests in the criminal prosecution of immigration law violators, in deportation of criminal law violators, and in a growing immigration enforcement and detention apparatus--distorts criminal law incentives and... 2012  
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