AuthorTitleCitationSummaryYearKey Term in Title or Summary
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) The Supreme Court's decision in Padilla v. Kentucky involves criminal defense attorneys in immigration law as never before. Long the mediators between defendants and the state's penal authority, these attorneys must now advise their noncitizen clients about the potential immigration pitfalls of a conviction. Just what advice is required,... 2012  
Robert T. Senh The Liberty Rights of Resident Aliens: You Can't Always Get What You Want, but If You Try Sometimes, You Might Find, You Get What You Need 11 Oregon Review of International Law 137 (2009) The United States has a tradition of restrictive immigration laws designed to protect American jobs. It is time consuming, expensive, and difficult for non-citizens to gain an immigrant employment visa. Prior to being considered for an employment visa, skilled and non-skilled workers, the vast majority of the workforce, are put on a waiting list... 2012  
Kiyoko Kamio Knapp The Rhetoric of Exclusion: the Art of Drawing a Line Between Aliens and Citizens 10 Georgetown Immigration Law Journal 401 (Spring, 1996) This Article gives the first account of the moral turpitude standard, tracing its trajectory from the early American law of defamation to evidence law, where it has been used for witness impeachment, and then to legal areas as diverse as voting rights, juror disqualification, professional licensing, and immigration law, where it is used as a... 2012  
Denny Chan An Invisibility Cloak: the Model Minority Myth and Unauthorized Asian Immigrants 3 UC Irvine Law Review 1281 (December, 2013) At the dawn of the twentieth century--after the United States' successful takeover of Puerto Rico, Hawaii, the Philippines, and Guam--burgeoning American agribusiness sought to control immigrant workers from around the world. In particular, it targeted recalcitrant Puerto Ricans organizing mass resistance to oppressive working and living... 2011  
Aaron Korthuis Detention and Deterrence: Insights from the Early Years of Immigration Detention at the Border 129 Yale Law Journal Forum 238 (November 25, 2019) From its inception, the United States has had a difficult and dichotomous relationship with immigration. Today, parties on all sides of the immigration debate battle one another to a stalemate during every election cycle. The resulting perpetual inaction of the federal government has led numerous state governments to enact legislation intended to... 2011  
J. Hafetz Immigration and National Security Law: Converging Approaches to State Power, Individual Rights, and Judicial Review 18 ILSA Journal of International and Comparative Law 625 (Summer, 2012) Immigration law is constantly evolving. It is one of the most dynamic and multi-faceted areas of law. Specifically, in the space of asylum and refugee law, practitioners, immigration judges and our appellate courts face a daunting task of reconciling the law with the plethora of human misery that flock to our shores. The laws are plagued with... 2011  
Louis Henkin Immigration and the Constitution: a Clean Slate 35 Virginia Journal of International Law 333 (Fall, 1994) immigration, legalization, detention, deportation, criminalization, securitization Over the past three decades, sociolegal scholarship on the rights of noncitizens in the United States has sought to explain rights and exclusions while incorporating new theory regarding racialization, biopolitics, neoliberalism, risk, and states of exception. Early... 2011  
  Immigration Law--local Enforcement--massachusetts Supreme Judicial Court Holds That Local Law Enforcement Lacks Authority to Detain Pursuant to Ice Detainers.--lunn V. Commonwealth, 78 N.e.3d 1143 (Mass. 2017) 131 Harvard Law Review 666 (December, 2017) In April 2010, Arizona signed into law the toughest immigration enforcement legislation in the nation, recharging the national debate over illegal immigration and pushing it to the forefront of American politics. Though the most controversial provisions of the Arizona law, Senate Bill 1070 (SB1070), were enjoined by the federal government, Arizona... 2011  
Kerry Abrams Polygamy, Prostitution, and the Federalization of Immigration Law 105 Columbia Law Review 641 (April, 2005) Introduction. 899 I. The Twenty-First Century as the Asian Century: Is There a There There?. 902 II. Fear of a Yellow Planet: Was the Twentieth Century the Asian Century?. 907 A. Prelude to the Asian Century: Harsh Nineteenth and Early- to Mid-Twentieth Century Immigration Policies Towards Asian Immigrants. 912 B. The Gentleman's Agreement of... 2011  
Kevin R. Johnson Racial Hierarchy, Asian Americans and Latinos as "Foreigners," and Social Change: Is Law the Way to Go? 76 Oregon Law Review 347 (Summer 1997) Metaphors tell the story of immigration law. Throughout its immigration jurisprudence, the U.S. Supreme Court has employed rich metaphoric language to describe immigrants attacking nations and aliens flooding communities. This Article applies research in cognitive linguistics to critically evaluate the metaphoric construction of immigrants in the... 2011  
Janet M. Calvo Spouse-based Immigration Laws: the Legacies of Coverture 28 San Diego Law Review 593 (Summer, 1991) Since around 2005, states and localities have been using criminal trespass laws to target undocumented immigrants for unlawful presence. In New Hampshire, California, and Florida, local police officers have used state criminal trespass laws to prosecute undocumented immigrants. For example, the New Hampshire criminal trespass laws provide that a... 2011  
Kevin R. Johnson Symposium Introduction 38 U.C. Davis Law Review 599 (March, 2005) Stinky is one ugly robot, a raggedy contraption constructed of crudely painted, cheap plastic pipes pasted together with gobs of the foul-smelling glue that gave the monstrosity its name. Stinky's creators didn't look all that impressive, either--four teenage guys in baggy pants and sneakers, all of them illegal Mexican immigrants attending Carl... 2011  
Michael H. LeRoy The President's Immigration Powers: Migratory Labor and Racial Animus 75 New York University Annual Survey of American Law 187 (2020) This article explores the politics of identification in immigration proceedings by examining the struggles over family-based immigration in South Korea in the context of ethnic Korean return migration from China. It focuses on micropolitical struggles in bureaucratic settings, analyzing how migrants and immigration bureaucrats struggle to... 2011  
Alison Bashford, Jane McAdam The Right to Asylum: Britain's 1905 Aliens Act and the Evolution of Refugee Law 32 Law and History Review 309 (May, 2014) This Article highlights the importance of implicit bias in immigration adjudication. After tracing the evolution of prejudice in our immigration laws from explicit old-fashioned prejudice to more subtle forms of modern and aversive prejudice, the Article argues that the specific conditions under which immigration judges decide cases render... 2011  
Gilbert Paul Carrasco , Iryna Zaverukha *Mercy Versus Fear, or Where the Law on Migration Stands 40 Seattle University Law Review 1283 (Summer, 2017) 120 years ago, in May 1889, the U.S. Supreme Court ruled that the power of exclusion of foreigners being an incident of sovereignty . . . cannot be granted away or restrained. Sixty years later, in January 1950, at the height of the Cold War, the U.S. Supreme Court reaffirmed the plenary power doctrine by holding that it is not within the... 2010  
Shani M. King Child Migrants and America's Evolving Immigration Mission 32 Harvard Human Rights Journal 59 (Spring, 2019) Daniel Kanstroom's Deportation Nation is a timely historical text that provides a context and framework to the existing campaigns of stepped-up federal and local immigration enforcement as well as for the Obama administration's plans for comprehensive immigration reform. Whereas other migration scholars such as Ngai, Johnson, and De Genova have... 2010  
Daniel Kanstroom Deportation, Social Control, and Punishment: Some Thoughts about Why Hard Laws Make Bad Cases 113 Harvard Law Review 1889 (June, 2000) For those of us who work in the field of Asian American history, we have long confronted the issues and consequences of White supremacy, exclusion, the erasure of Asian Americans from the national historical consciousness, and the marginalization of our efforts in the American academy. Fortunately, a handful of scholars/activists has kept our... 2010  
David Cole Enemy Aliens 54 Stanford Law Review 953 (May, 2002) I. Introduction. 1486 II. Continuing Impact of Post 9-11 Immigration Practices. 1491 A. PENTBOTTM Detentions and OIG Detainee Report. 1401 B. OIG MDC Report. 1493 C. Turkmen Lawsuit. 1495 D. 48 Hour Rule. 1497 E. Closed Hearings. 1499 F. Alien Absconder Initiative. 1499 G. Voluntary Interview Program. 1501 H. Special Registration. 1502 I. Other... 2010  
Lisa J. Laplante Expedited Removal at U.s. Borders: a World Without a Constitution 25 New York University Review of Law and Social Change 213 (1999) I. Introduction. 412 II. Racialization Thesis: Post-September 11 Responses to Arabs, Muslims, and South Asians. 414 A. Processes of Racial Formation. 415 B. Orientalism and the Perpetual Foreigner Motif. 417 III. Alienation: A Reworking of the Racialization Thesis. 420 A. Definition of Alienation. 420 B. Specific Instances of Alienation after... 2010  
Ernesto Hernández-López Kiyemba, Guantánamo, and Immigration Law: an Extraterritorial Constitution in a Plenary Power World 2 UC Irvine Law Review 193 (February, 2012) In this essay, we introduce the heuristics of dystopian dream and usable future to assess competing visions for immigration reform. We apply these heuristics to potential changes to the U.S. immigration system and immigration federalism as reflected in legislative and law enforcement activities, policy proposals, speeches, and scholarship. We... 2010  
Jordan Jodré Preemptive Strike: the Battle for Control over Immigration Policy 25 Georgetown Immigration Law Journal 551 (Spring, 2011) It has happened to everyone who has ever practiced in the United States immigration field. Your client's petition is approved by the United States Citizen and Immigration Services (USCIS). After a long and arduous process, in most cases several years, your client finally arrives at the United States embassy in his home country for his interview on... 2010  
George A. Martínez Race and Immigration Law: a Paradigm Shift? 2000 University of Illinois Law Review 517 (2000) Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal immigration law. State and local legislatures are responding by passing their own laws targeting immigrants. While many... 2010  
Robert L. Tsai Racial Purges 118 Michigan Law Review 1127 (April, 2020) More than one hundred years of American jurisprudence suggests that some aliens are more alien than others. As such, their rights may be understood as lying along a spectrum ranging from those whose sole contact with the United States is with United States authorities located in a foreign territory to those who have resided in the United States for... 2010  
Caprice L. Roberts Rights, Remedies, and Habeas Corpus--the Uighurs, Legally Free While Actually Imprisoned 24 Georgetown Immigration Law Journal 1 (Fall, 2009) Preface. 6 I. Introduction. 7 An Explanation of Terms: Narratives and Stereotypes. 10 II. Locating Asian American Jurisprudence in Legal Scholarship. 11 A. Asian American Identity. 11 1. Identification and Identity Projects. 12 2. Three Asian American Identity Projects. 14 B. Interrogation of Legal Materials. 17 1. Three Asian American Historical... 2010  
Laila Hlass The School to Deportation Pipeline 34 Georgia State University Law Review 697 (Spring, 2018) This Article offers a new interpretation of the modern federal immigration power. At the end of the nineteenth century, the Supreme Court and Congress fundamentally transformed the federal government's authority to regulate immigration, from a species of commercial regulation firmly grounded in Congress's commerce authority, into a power that was... 2010  
Anita Sinha Domestic Violence and U.s. Asylum Law: Eliminating the "Cultural Hook" for Claims Involving Gender-related Persecution 76 New York University Law Review 1562 (November, 2001) I. Introduction & Representative Case Study. 498 II. Immigration Law, the Theory of Asylum, and the Firm Resettlement Doctrine. 505 A. Immigration Law as a Rule of Regulation/Exclusion. 505 B. Asylum as an Exception to the Rule of Exclusion. 506 1. Theory of Asylum. 506 2. Sources of Law: International Conventions and Domestic Law. 509 C. Doctrine... 2009  
Jamie R. Abrams Enforcing Masculinities at the Borders 13 Nevada Law Journal 564 (Winter 2013) I. Introduction. 1600 II. The Ten Guiding Principles. 1610 A. U.S. Immigration Laws Must Recognize that Migration Between Nations is Primarily Driven by Economic Opportunity and Labor Supply and Demand in the United States. 1610 B. U.S. Immigration Laws Must Be Enforceable. 1617 C. Immigration Law Must Fairly Treat Immigrants. 1620 D. Immigration... 2009  
Marta Vides Saade Entertaining Angels Con Pasión 83 University of Detroit Mercy Law Review 901 (Summer 2006) I. Introduction. 2 II. Detainees and the Great Writ. 8 A. The Great Writ. 8 B. Bownediene--Access, Progress, and Unanswered Questions. 9 C. The Uighurs--A Series of Unfortunate Events. 11 III. Jurisdiction, Nonjusticiable Political Questions, and Immigration Power. 16 A. Nonjusticiable Political Questions. 16 B. Immigration Cases, Political... 2009  
Estelle T. Lau Excavating the "Chinese Wall": Towards a Socio-historical Perspective on the Development of United States Immigration Administration and Chinese Exclusion 92 Northwestern University Law Review 1068 (Spring, 1998) I. Introduction. 31 II. Enter the Jungle: The Economics of Employing New Immigrants. 33 A. Immigration and the U.S. Workforce. 36 1. The Foreign-Born Workforce. 36 2. Black Americans and Immigration. 46 3. Taxes and Benefits. 48 B. The Meatpacking and Poultry Processing Industry. 52 1. The House of Swift. 52 2. The Changing Face of the Meatpacking... 2009 Yes
Fatma E. Marouf Executive Overreaching in Immigration Adjudication 93 Tulane Law Review 707 (April, 2019) I. Introduction. 341 II. A Nation of (Mistreated) Immigrants. 343 A. A Short Sample of Immigration History. 343 1. The Chinese, California, and the Exclusion Act. 343 2. The Bracero Program and Labor Shortages. 347 B. The Plenary Power Doctrine: Fictional Sovereignty. 351 III. The Plenary Power Doctrine Fallacy. 354 A. Doctrinally Unsound. 355 B.... 2009 Yes
Lisa Sun-Hee Park Perpetuation of Poverty Through "Public Charge" 78 Denver University Law Review 1161 (2001) Introduction. 481 I. Workplace Fatalities and Injuries Among Foreign-Born Workers in the United States. 484 A. The Most Dangerous Industries and Occupations for Immigrants. 489 1. Construction. 491 2. Agriculture, Forestry, Fishing, and Hunting. 493 3. Manufacturing. 494 4. Retail Trade. 495 B. Gaps in Existing Occupational Safety and Health Data.... 2009  
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) L1-2Introduction . L3138 I. The Unnecessary Doctrine of Plenary Power over Immigration. 141 II. Retooling the Debate. 145 A. Limiting the Definition of Immigration Law. 146 B. The Limits of Legal Citizenship. 147 C. The Personhood and Membership Paradigms. 148 D. Separation and Convergence Models. 150 III. Distributive Principles. 157 A.... 2009  
Kevin R. Johnson Race and Immigration Law and Enforcement: a Response to Is There a Plenary Power Doctrine? 14 Georgetown Immigration Law Journal 289 (Winter, 2000) Last spring, this journal published an essay by Jim Gilchrist, co-founder of the Minuteman Project. In that essay, Gilchrist argues that an illegal alien invasion (undocumented immigration) is to blame for a host of social ills--from crime, unemployment, pollution, and disease to traffic gridlock, high tuition costs, poor health care, and... 2009  
Mariela Olivares Resistance Strategies in the Immigrant Justice Movement 39 Northern Illinois University Law Review 1 (Fall, 2018) Over the past decade, scholars have paid increasing attention to Japanese American constitutional history. For the most part, this literature focuses on the United States government's decision during World War II to intern people of Japanese ancestry. This body of work literature is designed to demonstrate the extent to which, and precisely how,... 2009  
John G. Browning RIGHTING PAST WRONGS: POSTHUMOUS BAR ADMISSIONS AND THE QUEST FOR RACIAL JUSTICE 21 Berkeley Journal of African-American Law & Policy 1 (2021) Polygamy played a role in the development of United States immigration law from its very inception. Concerns about the polygamous marriage practices of Chinese immigrants flooding into California in the mid-nineteenth century fueled the passage of early anti-immigrant statutes, with predictions that the immoral Chinese, with their tradition of... 2009 Yes
Won Kidane The Alienage Spectrum Disorder: the Bill of Rights from Chinese Exclusion to Guantanamo 20 Berkeley La Raza Law Journal 89 (2010) The date is October 13, 2004, some 147 years after Chief Justice Roger Taney and the infamous Dred Scott case. Representing the United States government, Deputy Solicitor General Edwin Kneedler, stands before the United States Supreme Court and tells the Court that the nation needs to protect its borders and in doing so some noncitizens must be... 2009 Yes
Ediberto Román The Citizenship Dialectic 20 Georgetown Immigration Law Journal 557 (Summer, 2006) The history of immigration in the United States of America reaches beyond the establishment of the country itself. Beginning with the arrival of explorers, slaves, and the Pilgrims, there were a number of different ethnic groups that migrated to the United States. While the diversity ultimately helped shape America into a culturally rich nation,... 2009  
Sadie M. Casamenti ACTS OF JUSTICE: RESTORING JUSTICE FOR IMMIGRANTS THROUGH STATE PARDONS 43 Cardozo Law Review 2473 (August, 2022) All nations distinguish between their citizens and others. In the United States, the primary set of laws for determining these distinctions is found in our immigration policy. The term immigration law refers to a rather narrow set of rules covering essentially two aspects of a non-citizen's stay in the United States: first, those rules that... 2008  
Bolatito Kolawole African Immigrants, Intersectionality, and the Increasing Need for Visibility in the Current Immigration Debate 7 Columbia Journal of Race and Law 373 (2017) AMERICA is in the midst of an immigration crisis. Immigrants are now seen as a threat to Anglo-American culture. Military-like efforts are now being made to seal off the United States-Mexico border, resulting in thousands of deaths. In response to proposals to enact harsh immigration laws, immigrants took to the streets in cities across America in... 2008  
The Honorable Karen Nelson Moore Aliens and the Constitution 88 New York University Law Review 801 (June, 2013) Around the same time that Critical Race Theory (CRT) was emerging as a field in law in the mid-1980's, the term, New Economic Sociology (NES) was coined at a roundtable discussion at the 1985 annual meeting of the American Sociological Association. Like CRT, NES was challenging fundamental disciplinary principles and assumptions. Just as... 2008  
Mariela Olivares Battered by Law: the Political Subordination of Immigrant Women 64 American University Law Review 231 (December, 2014) C1-3Table of Contents I. Introduction. 303 II. Incidents of Unequal Treatment and Profiling of Aliens in the United States. 305 III. Why Profiling is Permitted When Applied to Aliens: An Overview of Immigration Law in the United States. 311 IV. Why the Plenary Power Doctrine Should be Modified to Prevent Discriminatory Profiling of Aliens. 314 V.... 2008  
  Due Process -- Immigration Detention -- Third Circuit Holds That the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 Authorizes Immigration Detention Only for a -- "Reasonable Period of Time." -- Diop V. Ice/homeland Security, 656 F.3d 125 Harvard Law Review 1522 (April, 2012) I. Introduction. 100 II. Revelations in the Hurricane Katrina Aftermath. 102 A. The Invisibility of Black Americans. 102 1. So Poor, So Black: The Demographics of the Katrina Victims and the Focus on Black Americans. 102 2. Tensions between Black Americans and Immigrants. 111 B. The Mistreatment of Immigrants. 123 1. Citizenship Matters. 124 2.... 2008  
Anna Welch, Emily Gorrivan ETHNO-NATIONALISM AND ASYLUM LAW 74 Maine Law Review 187 (2022) I. Introduction. 255 II. Global Migration and Re-Imagining National Identity. 259 III. 200 years, 150 years, and U.S. Citizenship: Ending the Transatlantic Slave Trade and Then Imagining in Dred Scott. 263 IV. 110 years, Chinese Migration, and Wong Kim Ark: Imagining Citizenship in New Global Contexts for the United States and China. 266 V. Current... 2008 Yes
Dana Gayeski Give Me Your Tired, Your Poor, Your Legal: Why Efforts to Repeal Birthright Citizenship Are Unconstitutional and Un-american 21 Temple Political & Civil Rights Law Review 215 (Fall 2011) I. Introduction. 71 II. The Immigration Class Action. 76 III. Threats to the Future of the Immigration Class Action. 81 A. Threat One: Congressional Willingness to Restrict Immigration Judicial Review. 82 B. Threat Two: Waivers of Judicial Review. 86 1. The Threat. 86 2. Evaluating the Threat. 94 a. The Plenary Power Doctrine. 95 b. The Contract... 2008  
Hadley Blake Guess Who's Coming to Dinner: Federal Disaster Relief for Undocumented Aliens 48 Washington University Journal of Urban and Contemporary Law 217 (Summer, 1995) I. Introduction. 842 II. The Invasion?. 843 III. The Empirical Data. 856 A. The Alleged Invasion. 857 B. Immigrants' Economic Impact. 858 C. Immigrants' Impact on Crime Rates. 862 IV. The State and Local Government Attacks Against Immigration. 867 V. A History of Invitation and Exclusion. 870 VI. The Psychological Impact of the Anti-Immigrant... 2008  
Diana Vellos Immigrant Latina Domestic Workers and Sexual Harassment 5 American University Journal of Gender & the Law 407 (Spring, 1997) Immigrants are dirty and lazy . . . . They will never be Americans like us. Historically, anti-immigration backlashes have followed large waves of immigration to the United States. Nativism was evident in America as early as the days of Benjamin Franklin even though, aside from the Native Americans, few Americans were truly native.... 2008  
Kati L. Griffith, Tamara L. Lee Immigration Advocacy as Labor Advocacy 33 Berkeley Journal of Employment and Labor Law 73 (2012) Immigration is by definition a gesture of faith in social mobility. It is the expression in action of a positive belief in the possibility of a better life. It has thus contributed greatly to developing the spirit of personal betterment in American society and to strengthening the national confidence in change and the future. Such confidence, when... 2008  
George A. Martínez Immigration: Deportation and the Pseudo-science of Unassimilable Peoples 61 SMU Law Review 7 (Winter 2008) In September 2007, the United States Office of Citizenship and Immigration Services (USCIS ) unveiled the final one hundred questions to the new citizenship test, created by USCIS to be more standardized, fair, and meaningful than the current naturalization exam. The new exam is the result of USCIS's seven-year test development project, costing a... 2008  
Viridiana Ordonez LIMITING THE USE OF THE CATEGORICAL APPROACH AND SETTING A STATUTE OF LIMITATIONS FOR DEPORTATION 73 Hastings Law Journal 1791 (August, 2022) In Unexplainable on Grounds of Race: Doubts About Yick Wo, Professor Gabriel Chin presents a new view of the 1886 Supreme Court case, Yick Wo v. Hopkins. As my earlier work shows, I agree with Chin on two fundamental revisionist points about Yick Wo: first, that it was not a harbinger of the mid-twentieth-century revolution in racial civil rights,... 2008  
Eisha Jain POLICING THE POLITY 131 Yale Law Journal 1794 (April, 2022) Introduction. 740 I. Historical Context: The Chinese Exclusion Era. 745 II. The Story of Ah Sou. 748 A. Life in the United States. 748 B. In the District Court. 752 C. In the Ninth Circuit. 754 III. International and Domestic Legal Framework. 755 A. International Human Rights Law. 755 B. Domestication of International Human Rights Norms. 757 IV. Ah... 2008 Yes
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