AuthorTitleCitationSummaryYearKey Term in Title or Summary
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
Amelia J. Uelmen Strangers No Longer: Immigration Law & Policy in the Light of Religious Values 83 University of Detroit Mercy Law Review 829 (Summer 2006) Since the end of World War II immigration in the core industrial democracies has been increasing. The rise in immigration is a function of market forces (demand-pull and supply-push) and kinship networks, which reduce the transaction costs of moving from one society to another. These economic and sociological forces are the necessary conditions for... 2008  
Louis Henkin The Constitution and United States Sovereignty: a Century of Chinese Exclusion and its Progeny 100 Harvard Law Review 853 (February, 1987) The Immigration and Nationality Act (INA), as it must, excludes a terrorist from receiving asylum. The substantive criteria, and the adjudicative procedures set forth under the INA for the identification of the undeserving terrorist inevitably exclude those who are neither terrorists nor otherwise undeserving. Such unintended consequences are... 2008 Yes
Keith Aoki , John Shuford Welcome to Amerizona--immigrants Out!: Assessing "Dystopian Dreams" and "Usable Futures" of Immigration Reform, and Considering Whether "Immigration Regionalism" Is an Idea Whose Time Has Come 38 Fordham Urban Law Journal 1 (November, 2010) We must also find a sensible and humane way to deal with people here illegally. Illegal immigration is complicated, but it can be resolved. And it must be resolved in a way that upholds both our laws and our highest ideals. - George W. Bush, State of the Union Address, January 28, 2008. It is impossible to overestimate the importance of Postville... 2008  
Adeno Addis Who's Afraid of Foreigners? The Restrictions on Alien Ownership of Electronic Media 32 Columbia Human Rights Law Review 133 (Fall, 2000) When we teach our students law, we introduce them to a world. It is a world that they will inhabit for many years to come, one that we hope will enable them, not only as lawyers, but as citizens, to lead better, more worthwhile lives. But our very entry into such a world is simultaneously the successful inculcation of a canon, a rule of practice... 2008 Yes
Marie A. Failinger Yick Wo at 125: Four Simple Lessons for the Contemporary Supreme Court 17 Michigan Journal of Race and Law 217 (Spring 2012) With the gradual rollback of the national origins quota system in the 1950s and its eventual repeal in 1965, U.S. immigration policy became increasingly liberal and expansive. This liberalization continued throughout the 1980s and was reinforced by the passage of the Immigration Reform and Control Act of 1986 and the Immigration Act of 1990, both... 2008  
Ming H. Chen Alienated: a Reworking of the Racialization Thesis after September 11 18 American University Journal of Gender, Social Policy and the Law 411 (2010) An undeniable and ever escalating tension exists between population growth and environmental conservation worldwide. This article seeks to draw attention to the impact of population growth, and specifically that related to immigration, on the depletion of resources specifically in the United States of America. The ability of U.S. environmental... 2007  
Katherine L. O'Connor An Overview of Illegal Immigration along the United States-mexican Border 4 Journal of International Law and Practice 585 (Fall 1995) At the outset of the twenty-first century, United States immigration policy has become one of the most pressing issues of our time. In recent years, we have witnessed, among other things, calls for dramatically restricting immigration in light of an alleged threat to American national identity, increased border enforcement associated with thousands... 2007  
Ebba Gebisa Constitutional Concerns with the Enforcement and Expansion of Expedited Removal 2007 University of Chicago Legal Forum 565 (2007) ethnicity, naturalization, exclusion, Hurricane Katrina This review examines the scholarship at the intersection of immigration law, race, and identity. Historically, much of the literature has focused on the ways immigration law has constructed, and been constructed by, racial categories. I argue that African American racialization has been a... 2007  
César Cuauhtémoc García Hernández Criminal Defense after Padilla V. Kentucky 26 Georgetown Immigration Law Journal 475 (Spring, 2012) For a century before 1986, federal law permitted employers to hire undocumented immigrants. The Immigration Reform and Control Act of 1986 (IRCA) marked a sea change in immigration law by extending federal immigration regulation into the private workplace through the prohibition of employment of unauthorized immigrants. In the two decades since... 2007  
Shoba Sivaprasad Wadhia DISCRETION AND DISOBEDIENCE IN THE CHINESE EXCLUSION ERA 29 Asian American Law Journal 49 (2022) Historically, immigration into American society is divided into distinct periods, each with its own set of characteristics. For instance, up until the 1880s most immigrants originated in Northwestern Europe and with the exception of the Irish and especially the Chinese, they were well received. But between the 1880s and the 1920s when immigrant... 2007 Yes
Don Blankenau Ecosystem Protection Versus Immigration: the Coming Conflict 12 Great Plains Natural Resources Journal 1 (Fall 2007) I. Introduction. 119 II. Enforcement of Antiterrorism Initiatives in the Post-9/11 Era. 122 A. Detentions Following the September 11 Attacks. 123 1. Policy Implementation. 123 2. Program Results: Impact on Immigrant Communities and Security Benefits. 124 B. The National Security Entry-Exit Registration System (NSEERS). 126 1. Policy Implementation.... 2007  
Erin M. O'Callaghan Expedited Removal and Discrimination in the Asylum Process: the Use of Humanitarian Aid as a Political Tool 43 William and Mary Law Review 1747 (March, 2002) I. Introduction. 345 II. Immigration Restrictions and Antimiscegenation Laws. 348 A. Admission Policy and the Social Construction of Race. 350 B. Nationality Laws and the Policing of the Color Line. 356 III. Where Loving Never Tread: How the Law Still Regulates Intimacy. 358 A. Immigration, Nationality, and the Family. 359 B. Immigration and... 2007  
Michael J. Wishnie Immigration Law and the Proportionality Requirement 2 UC Irvine Law Review 415 (February, 2012) In a fog-smothered corner of San Francisco sits an aged building known as Lowell High School. It appears to be a typical high school filled with rowdy teenagers; however, to thousands of immigrant families, this building represents a ticket to an elite university and the fast lane to the American dream. Lowell, the oldest public high school west of... 2007  
Daniel Kanstroom Judicial Review of Amnesty Denials: must Aliens Bet Their Lives to Get into Court? 25 Harvard Civil Rights-Civil Liberties Law Review 53 (Winter, 1990) In this Article, I explore the origins and consequences of the blurred boundaries between immigration control, crime control and national security, specifically as related to the removal of non-citizens. Part II of this Article focuses on the question of how immigration control and crime control issues have come to be subsumed by national security... 2007  
Girardeau A. Spann Just Do it 67-SUM Law and Contemporary Problems 11 (Summer 2004) In this article, I use state-level anti-miscegenation legislation to examine how Asian ethnic groups became categorized within the American racial system in the period between the Civil War and the civil rights movement of the 1960s. I show how the labels used to describe Asian ethnic groups at the state level reflected and were constrained by... 2007  
Kenneth L. Karst Paths to Belonging: the Constitution and Cultural Identity 64 North Carolina Law Review 303 (January, 1986) Introduction. 346 I. Immigration, Gender, and Sexuality in U.S. History: A History of Early American Immigration Law up to the Mid-20th Century. 347 II. From McCarthyism to 1990: Conceiving and Crafting the Exclusion of LGBT Immigrants. 351 A. 1950s-1967: Immigration Laws Affecting Homosexuals During the Cold War. 352 B. 1967-1983: A Summary of... 2007  
Michael J. Wishnie Prohibiting the Employment of Unauthorized Immigrants: the Experiment Fails 2007 University of Chicago Legal Forum 193 (2007) Justice Clarence Thomas insists upon a moral and constitutional equivalence between laws designed to subjugate a race and those that distribute benefits on the basis of race in order to foster some current notion of equality. This asserted congruence between Jim Crow laws and affirmative action seems intellectually indefensible--but it is now a... 2007  
Elizabeth Keyes Race and Immigration, Then and Now: How the Shift to "Worthiness" Undermines the 1965 Immigration Law's Civil Rights Goals 57 Howard Law Journal 899 (Spring 2014) Lawyers and policy experts within the Latino community need to foster cultural responsibility for immigration reform by participating in the policy dialogue. Although Latino lawyers do not represent the broad American population, they do represent American communities that have been discriminated against because of their cultural and racial... 2007  
Mary M. Sevandal Special Registration: Discrimination in the Name of National Security 8 Journal of Gender, Race and Justice 735 (Winter 2005) Sharon McKnight, a New York resident who is a United States citizen of Jamaican descent, was taken into custody and handcuffed by the Immigration and Naturalization Service (INS) upon her arrival at New York's John F. Kennedy International Airport on June 10, 2000. The INS officials at the airport took McKnight into custody because they... 2007  
Peter Margulies Taking Care of Immigration Law: Presidential Stewardship, Prosecutorial Discretion, and the Separation of Powers 94 Boston University Law Review 105 (January, 2014) Thank you, Marcela, and thank you very much to Boalt Hall for hosting this symposium and inviting me and Eve Hernandez to speak today about some burning issues in the area of global migration. I should tell you that I'm kind of an unusual government official. Most of my work, prior to coming to the EEOC was in defense of immigrants. I did a lot of... 2007  
Todd Stevens Tender Ties: Husbands' Rights and Racial Exclusion in Chinese Marriage Cases, 1882-1924 27 Law and Social Inquiry 271 (Spring 2002) The alien citizen is an American citizen by virtue of her birth in the United States but whose citizenship is suspect, if not denied, on account of the racialized identity of her immigrant ancestry. In this construction, the foreignness of non-European peoples is deemed unalterable, making nationality a kind of racial trait. Alienage, then, becomes... 2007 Yes
JORGE A. VARGAS U.s. Border Patrol Abuses, Undocumented Mexican Workers, and International Human Rights 2 San Diego International Law Journal 1 (2001) Throughout history, the U.S. government has claimed to stand by a strong policy of family reunification. After providing a brief overview of U.S. immigration policy and regulation since the 1800s, this Comment examines the existing statutory framework for family reunification. The author argues that legislation passed by the U.S. Senate in late-May... 2007  
Victor C. Romero Devolution and Discrimination 58 New York University Annual Survey of American Law 377 (2002) Give me your tired, your poor, your huddled masses yearning to breathe free, exhorts the well-known poem which graces the platform of the Statue of Liberty standing in New York Harbor. Over the course of its history, the United States has welcomed more than fifty million immigrants, more than any other country. In 2005 more than one million... 2006  
  Editors' Note 21 Asian American Law Journal 1 (2014) I. Introduction. 135 II. Background. 137 A. Racism and Homophobia in the Immigration Process. 138 B. The Asylum Process. 139 C. Characteristics of Asylum Applicants. 141 D. Not Gay Enough for the Government: The Case of Mohammad . 144 III. Uncovering Bias in Sexual Orientation Asylum Decisions. 147 A. Racial Stereotypes and Essentialism. 148 B.... 2006  
Kevin R. Johnson Federalism and the Disappearing Equal Protection Rights of Immigrants 73 Washington and Lee Law Review Online 269 (July 27, 2016) I. Introduction. 558 II. The Classic Construction of Citizenship. 563 A. Citizenship's Equality Component. 564 B. The Exclusionary Aspect. 568 C. The Modern Construction. 572 III. Subordinates in Law. 579 A. The Indigenous People. 580 B. The Territorial Island Inhabitants. 585 IV. Subordinates in Fact?. 589 A. African-Americans. 589 B.... 2006  
Hiroshi Motomura Immigration Law after a Century of Plenary Power: Phantom Constitutional Norms and Statutory Interpretation 100 Yale Law Journal 545 (December, 1990) In 2002, the United States Supreme Court held in Hoffman Plastic Compounds v. NLRB that an undocumented immigrant employee who used false work-authorization documentation could not be awarded statutory back pay regarding his employment termination for lawful union activity. The Court's underlying premise lay in limiting the back pay remedy to be... 2006  
Rashad Hussain Preventing the New Internment: a Security-sensitive Standard for Equal Protection Claims in the Post-9/11 Era 13 Texas Journal on Civil Liberties & Civil Rights 117 (Fall 2007) It is well known among anthropologists that race as a scientific concept denoting human biological variation is no longer valid, but that race as a social construct and a shaping force still has profound material repercussions in peoples' daily lives. In 2004, two notable events occurred in Chicago that attested to the persistent significance of... 2006  
Michael Scaperlanda Scalia's Short Reply to 125 Years of Plenary Power 68 Oklahoma Law Review 119 (Fall, 2015) PROFESSOR RICHARD BOSWELL: We are very fortunate here to have four really wonderful speakers who are very involved in many aspects of immigration law and policy, who will be talking about legalization of undocumented workers and its consequences as well as some of the related issues. Our first speaker on my far physical right is Cathy Tactaquin,... 2006  
Hiroshi Motomura The New Migration Law: Migrants, Refugees, and Citizens in an Anxious Age 105 Cornell Law Review 457 (January, 2020) The year 2002 saw a dramatic shift in the dynamics of immigration litigation in the United States. Triggered by a streamlining of the Department of Justice (DOJ)'s administrative review of expulsion orders, immigration appeals have been pouring into the federal courts in record numbers. Not only is DOJ ordering more people expelled, but a... 2006  
Matthew J. Lindsay The Perpetual "Invasion": past as Prologue in Constitutional Immigration Law 23 Roger Williams University Law Review 369 (Spring, 2018) This article applies theories of legal compliance to analyze the making of this country's first illegal immigrants--Chinese laborers who crossed the U.S.-Canadian and U.S.-Mexican borders in defiance of the Chinese exclusion laws (1882-1943). Drawing upon a variety of sources, including unpublished government records, I explore the ways in which... 2006 Yes
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