| Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| |
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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
| Herbert Hovenkamp |
The Progressives: Racism and Public Law |
59 Arizona Law Review 947 (2017) |
This article explores the ramifications of the intersections of gender, race, and class ideologies for the enforcement of the Chinese Exclusion Laws in the years immediately following their passage. Drawing from government documents and archival data, I argue that the notions of gender, race, and class that permeated the legislative debate... |
2006 |
Yes |
| Travis Silva |
Toward a Constitutionalized Theory of Immigration Detention |
31 Yale Law and Policy Review 227 (Fall 2012) |
This Symposium considers the relationship between immigration law and religious values as relevant. As a Roman Catholic ethicist, whose religious values are influenced by the indigenous traditions of the south, the question of how questions of borders and migration are treated in society has a poignant historical significance. As a lawyer, I... |
2006 |
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| |
AFFIRMATIVE DUTIES IN IMMIGRATION DETENTION |
134 Harvard Law Review 2486 (May, 2021) |
Although contributing substantially to the economic growth of the United States, undocumented workers presently receive little return on their investment, as current immigration laws deprive them of the social benefits received by all other workers, namely social security benefits. In this note, Laura Fernandez Feitl examines the criteria which... |
2005 |
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| Raquel Aldana , Sylvia R. Lazos Vargas |
Aliens in Our midst Post-9/11: Legislating Outsiderness Within the Borders |
38 U.C. Davis Law Review 1683 (June, 2005) |
As an avid reader of Kevin R. Johnson's previous legal writings about race and immigration, I was extremely pleased to find his most recent book, The Huddled Masses Myth: Immigration and Civil Rights (Huddled Masses) resting on the shelf in the law books section of the San Diego Border's bookstore. Johnson, a prolific writer, is a member of the... |
2005 |
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| Sarah L. Hamilton-Jiang |
Children of a Lesser God: Reconceptualizing Race in Immigration Law |
15 Northwestern Journal of Law & Social Policy 38 (Fall, 2019) |
Defining America Through Immigration Policy (Mapping Racisms Series). By Bill Ong Hing. Temple University Press, 2003. Pp. 336. The Huddled Masses Myth: Immigration and Civil Rights. By Kevin R. Johnson. Temple University Press, 2003. Pp. 264. Alienated: Immigrant Rights, the Constitution, and Equality in America. By Victor C. Romero. New York... |
2005 |
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| César Cuauhtémoc García Hernández |
Creating Crimmigration |
2013 Brigham Young University Law Review 1457 (2013) |
Following the events of September 11, 2001, the Department of Justice's (DOJ) first and overriding priority was to prevent, detect, disrupt, and dismantle terrorism, while preserving constitutional liberties. In accordance with this goal and based on the President's homeland defense initiatives, the DOJ issued immigration regulations to register... |
2005 |
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| D. Carolina Núñez |
DARK MATTER IN THE LAW |
62 Boston College Law Review 1555 (May, 2021) |
For over one hundred years, the Statue of Liberty has served as one of the United States's primary representative symbols, embodying the welcoming spirit of equal opportunity on which the country was founded. The United States is, undeniably, an eclectic nation of immigrants. Nevertheless, despite the common immigrant background virtually all... |
2005 |
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| Anders Newbury |
Illegal Immigration Arrests: a Vermont Perspective on State Law and Immigration Detainers Supported by Intergovernmental Agreements |
44 Vermont Law Review 645 (Spring, 2020) |
If I see someone come in and he's got a diaper on his head and a fan belt around that diaper on his head, that guy needs to be pulled over and checked. U.S. Congressional Representative John Cooksey of Louisiana, Radio Announcement after September 11, 2001 In the aftermath of the September 11, 2001 terrorist attacks perpetuated by nineteen foreign... |
2005 |
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| Jonathan Hafetz |
Immigration and National Security Law: Converging Approaches to State Power, Individual Rights, and Judicial Review |
46 Revista Juridica Universidad Interamericana de Puerto Rico 787 (Agosto-Mayo, 2011-2012) |
Immigration law over the past decade has been characterized by a sharp reduction in discretion and judicial oversight. Whereas earlier laws allowed for discretionary judgments in the case of individual non-citizens, current law calls for categorical elimination of discretion based on group determinations of blameworthiness. The individual story of... |
2005 |
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| Jennifer Gordon |
Immigration as Commerce: a New Look at the Federal Immigration Power and the Constitution |
93 Indiana Law Journal 653 (Summer, 2018) |
In 1921, as restrictive immigration policy in the United States quickened, the federal district court in Washington State considered the plea of N. Nakatsuka to lease land for agricultural development in the face of the state's newly implemented Anti-Alien Land Law. Writing for the court, Judge Cushman noted that, as an alien resident, Nakatsuka... |
2005 |
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| Rachel E. Rosenbloom |
Policing the Borders of Birthright Citizenship: Some Thoughts on the New (And Old) Restrictionism |
51 Washburn Law Journal 311 (Spring 2012) |
Introduction. 702 I. The Constitution as a Source of Immigration Rights. 705 A. Difficulties. 705 B. Identification of Constitutional Rights. 706 1. Family Unity. 706 2. Racial Equality. 711 C. Application of Constitutional Rights to Noncitizens in Immigration Law. 712 1. Extra-Constitutional Arguments. 712 a. Sovereignty. 712 b. Normative... |
2005 |
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| Robert Foss |
The Demise of the Homosexual Exclusion: New Possibilities for Gay and Lesbian Immigration |
29 Harvard Civil Rights-Civil Liberties Law Review 439 (Summer, 1994) |
The legal predicament of Victor Navorski is a classic tale of a man without a country and is unfortunately replete with metaphors for the plight of immigrants to this land. Navorski's saga begins when he is detained at the border of the United States, which in his case is at one of New York City's airports. He is legally unable to leave his port of... |
2005 |
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| James F. Hollifield , Valerie F. Hunt , Daniel J. Tichenor |
The Liberal Paradox: Immigrants, Markets and Rights in the United States |
61 SMU Law Review 67 (Winter 2008) |
The U.C. Davis Law Review is proud to publish this symposium on Immigration and Civil Rights After September 11: The Impact on California. The articles come from a distinguished group of scholars, attorneys, and activists and will unquestionably contribute significantly to the ongoing national dialogue about the treatment of noncitizens in U.S.... |
2005 |
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| Keith Aoki |
The Yellow Pacific: Transnational Identities, Diasporic Racialization, and Myth(s) of the "Asian Century" |
44 U.C. Davis Law Review 897 (February, 2011) |
This is a time of rapid change and uncertainty in the laws affecting immigrant workers and, in particular, those who are undocumented. Although the jurisprudence in this area has never been static, the Supreme Court's 2002 opinion in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board constituted an abrupt departure from prior law,... |
2005 |
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| Beth Lyon |
When More "Security" Equals less Workplace Safety: Reconsidering U.s. Laws That Disadvantage Unauthorized Workers |
6 University of Pennsylvania Journal of Labor and Employment Law 571 (Spring 2004) |
When Congress banned the immigration of Chinese prostitutes with the Page Law of 1875, it was the first restrictive federal immigration statute. Yet most scholarship treats the passage of the Page Law as a relatively unimportant event, viewing the later Chinese Exclusion Act as the crucial landmark in the federalization of immigration law. This... |
2005 |
Yes |
| Paul M. Kurtz |
Annual Survey of Periodical Literature |
36 Family Law Quarterly 775 (Winter, 2003) |
Before I begin, I would like to thank Peter and Maureen for thinking of me and inviting me to participate. This is a rare thing for me because usually when I attend these symposia, I am one of many academics on panels, but today I am the only academic on this morning's panels and so this is a fun and new experience for me. I teach Immigration Law... |
2004 |
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| Spencer Overton |
But Some Are More Equal: Race, Exclusion, and Campaign Finance |
80 Texas Law Review 987 (April, 2002) |
Changes in immigration law following Congress' 1996 legislation and post-September 11, 2001 legislation created an inhospitable and discriminatory environment for noncitizens. Pursuant to Congress' 1996 and post-9/11 legislation, increases in the scope of crime-related deportation grounds and lack of judicial review result in a system where... |
2004 |
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| Shoba Sivaprasad Wadhia , Margaret Hu |
DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN |
93 University of Colorado Law Review 325 (Winter, 2022) |
For over two centuries, people from countries throughout the world have sought refuge in the United States. Whether they came to escape political or economic strife in their native countries, all were in search of the so-called American Dream. What originated as a welcoming immigration policy in the earliest days of our nation, however, was met... |
2004 |
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| Jaeeun Kim |
Establishing Identity: Documents, Performance, and Biometric Information in Immigration Proceedings |
36 Law and Social Inquiry 760 (Summer, 2011) |
I. Introduction. 246 II. Concerns Over the Immigration Acts in the American Immigrant Community. 251 III. Congressional Plenary Power in the Area of Immigration and Naturalization. 253 IV. AEDPA and IIRIRA: The 1996 Immigration Acts and the Aggravated Felony . 255 V. The Supreme Court's Deportation Rulings--A Constitutional Enigma?. 260 VI.... |
2004 |
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| Liav Orgad |
FORCED TO BE FREE: THE LIMITS OF EUROPEAN TOLERANCE |
34 Harvard Human Rights Journal 1 (Spring, 2021) |
I. Introduction. 64 II. Phase I: The Cherished Policy of Encouraging Foreign Migration. 66 A. Justice John McLean's Cherished Policy and The Passenger Cases. 66 B. Another Voice Supportive of Unrestricted Immigration, J. Prescott Hall, Esq.. 70 C. Chief Justice Roger B. Taney's Dissent: Benefits and Pitfalls of Immigration. 71 D. Justice Daniel... |
2004 |
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