AuthorTitleCitationSummaryYearKey Term in Title or Summary
Mangesh Duggal Justice Delayed but Not Denied: Hong Yen Chang's Quest 22 Asian American Law Journal 119 (2015) In this Article, Professor Michael Wishnie addresses the current pressing problem of denial of benefits to legal immigrants under the 1996 Welfare Reform Act in the context of a deeper inquiry into the very heart of immigration law: From where does the federal government derive the power to regulate its borders? Can Congress devolve this power to... 2001  
Emily Ryo Legal Attitudes of Immigrant Detainees 51 Law and Society Review 99 (March, 2017) In this Note, Anita Sinha examines the treatment of asylum claims involving gender-related persecution. Analyzing the three most recent decisions published by the Board of Immigration Appeals, Sinha illustrates that these cases have turned on whether the gender-related violence can be linked to practices attributable to non-Western, foreign... 2001  
Paul Yin The Narratives of Chinese-american Litigation During the Chinese Exclusion Era 19 Asian American Law Journal 145 (2012) The year 1943 was a bad one for many people around the world, Japanese Americans among them. In 1943, the Supreme Court began upholding portions of the military action regulating their presence on the West Coast that had begun the previous year. After being subjected to a race-based curfew in 1942, by 1943 the Japanese Americans of California,... 2001 Yes
Paul L. Frantz Undocumented Workers: State Issuance of Driver Licenses Would Create a Constitutional Conundrum 18 Georgetown Immigration Law Journal 505 (Spring, 2004) Traditionally, scholars who study the history of American immigration policy adhere to one of two paths. The first path distinguishes between restrictionist or racist and liberal periods or ideologies. The other path, a more institutional approach, differentiates between a period without control, beginning with the foundation of the republic... 2001  
John A. Scanlan A View from the United States -- Social, Economic, and Legal Change, the Persistence of the State, and Immigration Policy in the Coming Century 2 Indiana Journal of Global Legal Studies 79 (Fall, 1994) After the elimination of the discriminatory national origins quota system in 1965, the United States experienced a dramatic change in the demographics of immigration. Many more immigrants of color from developing nations have come to this country since the revolutionary reform. Over the decades following the elimination of the quota system, public... 2000  
Gerald L. Neuman Aliens as Outlaws: Government Services, Proposition 187, and the Structure of Equal Protection Doctrine 42 UCLA Law Review 1425 (August 1, 1995) Arsonists of the Order of Caucasians, a white supremacist group that blamed Chinese immigrants for all the economic sufferings of white workers, tried to burn down the Chinatown in Chico and murdered four Chinese men by tying them up, dousing them with kerosene, and setting them on fire. A mob of white miners massacred twenty-eight Chinese... 2000 Yes
Ruben J. Garcia Critical Race Theory and Proposition 187: the Racial Politics of Immigration Law 17 Chicano-Latino Law Review 118 (Fall 1995) For many years, controversies impacting many areas of legal scholarship have left the field of immigration law virtually untouched. Thus, although other areas of law have felt the critique advanced by critical scholars, immigration law has proceeded as a virtually self-contained unit. In doing so, immigration law has developed a paradigm for legal... 2000  
Mary Szto From Exclusion to Exclusivity: Chinese American Property Ownership and Discrimination in Historical Perspective 25 Journal of Transnational Law & Policy 33 (2015-2016) I. Introduction. 676 II. Race Profiling in Criminal Law Enforcement. 680 A. Harms. 684 B. Legal Remedies. 685 III. Race Profiling in Immigration Law Enforcement. 688 A. Law in Books. 692 B. Law in Action. 696 1. On the Roads. 697 2. In the Workplace. 703 3. The Lack of Effective Remedies. 705 C. The Need for Change. 707 1. Over-Inclusiveness. 707... 2000 Yes
Juan C. Montes Haitian Interdiction on the High Seas: a U.s. Policy of Bias and Inconsistency 5 Saint Thomas Law Review 557 (Spring, 1993) I. L2-3,T3Introduction 134 II. L2-3,T3The Reaffirmation of Restriction in the Era of Deregulation: The Puzzling Persistence of the Exclusion of Aliens from the Licensing Process 141 III. L2-3,T3A Brief History of the Foreign Ownership Provision of the Communications Act of 1934 146 A. Legislative History. 146 B. Administrative and Interpretive... 2000  
Leila Higgins Immigration and the Vulnerable Worker: We Built this Country on Cheap Labor 3 American University Labor & Employment Law Forum 522 (2013) In 1882, Congress passed the Chinese Exclusion Act, barring the entry into the United States of all Chinese laborers. This article explores the dilemmas and contradictions associated with the enforcement of this legislation, focusing on the early years during which the most glaring dilemmas were exposed. Drawing from congressional documents, as... 2000 Yes
Victor Bascara In the Future to Any Third Power: "Most Favored Nations," Personhood, and an Emergent World Order in Yick Wo V. Hopkins 21 Asian American Law Journal 177 (2014) In the early summer of 1912, at the height of the racist Chinese exclusion era, Ong Choon Hing boarded the SS Siberia destined for the Port of San Francisco. He arrived at the immigration inspection station at Angel Island on July 28, 1912. Angel Island, located in San Francisco Bay not far from Alcatraz Island, was used as a detention and... 2000 Yes
Kristina M. Campbell Rising Arizona: the Legacy of the Jim Crow Southwest on Immigration Law and Policy after 100 Years of Statehood 24 Berkeley La Raza Law Journal 1 (2014) Professor Jack Chin has written a provocative paper that, as is characteristic of his work, has much to commend to it. His basic thesis is that the gulf between the constitutional law of immigration and that which applies to citizens is not as great as is frequently stated. To support this novel argument, he takes on the ambitious task of comparing... 2000  
  THE AGREEMENT AND THE GIRMITIYA 134 Harvard Law Review 1826 (March, 2021) The Chinese exclusion laws (1882-1943) stand among the darkest moments in the history of American race policy. One of the first acts of federal legislation regulating immigrants, Chinese exclusion would remain the only policy that banned from entering the United States a group of people explicitly on grounds of race. Over the last thirty years... 2000 Yes
Hon. Paul Brickner , Meghan Hanson The American Dreamers: Racial Prejudices and Discrimination as Seen Through the History of American Immigration Law 26 Thomas Jefferson Law Review 203 (Spring 2004) The development of U.S. immigration law has largely been influenced by the tension between the plenary power doctrine and constitutional norms. Some scholars have further suggested that this tension has resulted in the creation of phantom constitutional norms in the context of immigration laws. The plenary power doctrine declares that Congress... 2000  
Kevin R. Johnson The Case for African American and Latina/o Cooperation in Challenging Racial Profiling in Law Enforcement 55 Florida Law Review 341 (January, 2003) The harshest measures of contemporary American immigration law disproportionately affect persons of color. At the same time, persons of color have become the primary subjects of migration to the United States and are thus the main beneficiaries of the substantial benefits the U.S. immigration system offers. The extent to which racism, conscious or... 2000  
Rachel E. Rosenbloom The Citizenship Line: Rethinking Immigration Exceptionalism 54 Boston College Law Review 1965 (November, 2013) The Illegal Immigration Reform and Immigrant Responsibility Act and the Antiterrorism and Effective Death Penalty Act, both passed in 1996, substantially altered U.S. immigration law and policy. In December 1999, the Criminal Justice Institute of Harvard Law School, the Harvard Law School Immigration and Refugee Clinic, and the Boston College Law... 2000  
Allegra M. McLeod The U.s. Criminal-immigration Convergence and its Possible Undoing 49 American Criminal Law Review 105 (Winter, 2012) This essay is an effort to predict what the Supreme Court will do with constitutional immigration law, focusing in particular on substantive categories of aliens who are not allowed to enter or remain in the United States. The Court's record in this context consists of a string of cases, over a century long, upholding with depressing regularity... 2000  
L. Darnell Weeden We the People Should Extend Constitutional Protections to Undocumented Resident Immigrants Killed Unreasonably by the Police 44 Thurgood Marshall Law Review 187 (Spring, 2020) We live in a nation with two dominant characteristics. One, we are a nation of immigrants. Two, we are a nation based on rights. So why are immigrants the last group to gain rights? Why are the archaic laws of our dark past being shielded from the light of progress that has touched all other areas of jurisprudence, but lags disgracefully behind in... 2000  
Gabriel J. Chin , Douglas M. Spencer Did Multicultural America Result from a Mistake? The 1965 Immigration Act and Evidence from Roll Call Votes 2015 University of Illinois Law Review 1239 (2015) Gregorio Diaz, an American citizen of Mexican descent, is an Illinois resident. On February 18, 1998, Mr. Diaz arrived at O'Hare International Airport, Chicago from a trip abroad. When passing through customs, he was detained by an Immigration and Naturalization Service (INS) inspection officer , at which time he submitted documentation of his... 1999  
Ernesto Hernández-López Global Migrations and Imagined Citizenship: Examples from Slavery, Chinese Exclusion, and When Questioning Birthright Citizenship 14 Texas Wesleyan Law Review 255 (Spring 2008) I. Introduction. 760 II. Critical Race Theory. 764 III. History of Discrimination Against Asian Americans: Nativism and the Racialization of Asian Americans As Foreign. 769 IV. Asian-American Contributions to the Critical Race Movement. 773 A. Constructing Asian-American Identities During the Exclusion Era. 776 B. Contemporary Discrimination... 1999 Yes
Matthew J. Lindsay Immigration as Invasion: Sovereignty, Security, and the Origins of the Federal Immigration Power 45 Harvard Civil Rights-Civil Liberties Law Review 1 (Winter 2010) In 1996 Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). This law cemented the recent trend of cracking down on illegal immigration by increasing the number of border patrols, limiting judicial review, and introducing new penalties for a variety of immigration control violations. This anti-immigrant... 1999  
Mohar Ray Undocumented Asian American Workers and State Wage Laws in the Aftermath of Hoffman Plastic Compounds 13 Asian American Law Journal 91 (November, 2006) To hear some immigration advocates tell it, Americans in the 1990s have slammed the golden door shut in a fit of xenophobic hysteria . . . . Fortunately, this is a false picture . . . . I recently received a plea for help from a tearful U.S. citizen who is the mother of a twenty-five-year-old lawful permanent resident from Panama. She told me that... 1999  
Devon W. Carbado Yellow by Law 97 California Law Review 633 (June, 2009) Why should Pennsylvania, founded by the English, become a colony of aliens who will shortly be so numerous as to Germanize us instead of Anglifying them, and will never adopt our Language or Customs any more than they can acquire our complexion? -Benjamin Franklin In the United States today, approximately half of the states have laws that restrict... 1999  
Amanda Frost "BY ACCIDENT OF BIRTH": THE BATTLE OVER BIRTHRIGHT CITIZENSHIP AFTER UNITED STATES v. WONG KIM ARK 32 Yale Journal of Law & the Humanities 38 (Summer, 2021) [Congress] cast a big net, and they're catching some dolphins in itImmigration and Naturalization Service spokesman Russ Bergeron, commenting on the harshness of immigration law's new aggravated felon provisions. Congressional legislation in 1996 fundamentally altered the landscape of United States immigration law. On April 24, 1996, Congress... 1998  
Bill Ong Hing Beyond the Rhetoric of Assimilation and Cultural Pluralism: Addressing the Tension of Separatism and Conflict in an Immigration-driven Multiracial Society 81 California Law Review 863 (July, 1993) C1-3Table of Contents I. INTRODUCTION: AMERICA APPROACHES THE 21ST CENTURY. 58 II. THE UNDOCUMENTED ALIEN DEBATE: WHY THEY COME AND THE BURDEN ON SOCIETY'. 61 A. Labels: Aliens, Immigrants, Natives, Nationals, and Citizens. 62 B. Why They Come and the Debate About Burdens. 68 III. HISTORICAL AND LEGAL SKETCH OF THE RIGHTS OF AUTHORIZED AND... 1998  
Megan J. Ballard Cultivating Civic Belonging for Resettled Refugees 34 Georgetown Immigration Law Journal 545 (Spring, 2020) For over a century, the Supreme Court has granted federal immigration laws a unique immunity from judicial review. Relying on the so-called plenary power doctrine, the Court has said that over no conceivable subject is federal power greater than it is over immigration; even modern federal cases, for example, state that Congress may freely... 1998  
Monique Lee Hawthorne Family Unity in Immigration Law: Broadening the Scope of "Family" 11 Lewis & Clark Law Review 809 (Fall 2007) I. INTRODUCTION. 549 II. IMMIGRATION IN THE UNITED STATES. 552 III. HUMAN RIGHTS LAW. 563 IV. INTERNATIONAL HUMAN RIGHTS VIOLATIONS. 568 A. Nondiscrimination Protections Under International Human Rights Norms. 570 1. Classifications Based on Race, Ethnicity, or National Origin. 570 2. Classifications Based on Sex. 572 3. The Status of Children in... 1998  
Howard F. Chang Immigration and the Workplace: Immigration Restrictions as Employment Discrimination 78 Chicago-Kent Law Review 291 (2003) In 1893, the Supreme Court issued its seminal immigration decision Fong Yue Ting which held that a nation has the right to deport aliens lawfully residing within its borders. Justice Brewer dissented, but reaffirmed a sovereign nation's right to exclude. He stated that a national government has control of all matters relating to other nations and... 1998  
Stewart Chang Is Gay the New Asian?: Marriage Equality and the Dawn of a New Model Minority 23 Asian American Law Journal 5 (2016) In the past two years, Congress has enacted legislation that significantly restricts the rights of noncitizens and adversely affects the lives of thousands of long-term resident noncitizens nationwide. Critics of this legislation describe this present period as a wave of anti-immigrant backlash which, as in earlier times in history, will eventually... 1998  
Andrew T. Hayashi , Richard M. Hynes PROTECTIONIST PROPERTY TAXES 106 Iowa Law Review 1091 (March, 2021) L1-2Introduction 1112 I. The History of Racial Exclusion in the U.S. Immigration Laws. 1119 A. From Chinese Exclusion to General Asian Subordination. 1120 1. Chinese Exclusion and Reconstruction. 1122 2. Japanese Internment and Brown v. Board of Education. 1124 B. The National Origins Quota System. 1127 C. Modern Racial Exclusion. 1131 1. The War... 1998 Yes
James A. R. Nafziger The General Admission of Aliens under International Law 77 American Journal of International Law 804 (October, 1983) The past is never dead. It's not even past. It was a long time before we began to understand exploitation . It is possible that the struggles now taking place and the local, regional and discontinuous theories that derive from these struggles and that are indissociable from them stand at the threshold of our discovery of the manner in which power... 1998  
Sherally Munshi You Will See My Family Became So American: Toward a Minor Comparativism 63 American Journal of Comparative Law 655 (Summer 2015) Your world is as big as you make it. I know, for I used to abide In the narrowest nest in a corner, My wings pressing close to my side. But I sighted the distant horizon Where the sky line encircled the sea And I throbbed with a burning desire To travel this immensity. I battered the cordons around me And cradled my wings on the breeze Then soared... 1998  
Dominique Marangoni-Simonsen A Forgotten History: How the Asian American Workforce Cultivated Monterey County's Agricultural Industry, Despite National Anti-asian Rhetoric 27 Hastings Environmental Law Journal 229 (Winter, 2021) A symposium entitled Citizenship and Its Discontents could not be more timely. The end of the twentieth century has been marked by a lengthy debate in the United States, as well as in nations around the world, on citizenship and national identity. In response to mounting concerns about changes attributed to new immigrants, Congress in 1996... 1997  
Lupe S. Salinas Deportations, Removals and the 1996 Immigration Acts: a Modern Look at the ex Post Facto Clause 22 Boston University International Law Journal 245 (Fall 2004) Founded on the ideal of equality under the law for all people, the United States has long prided itself as a nation of immigrants. From the welcoming words of Lady Liberty to the metaphor of the melting pot, America's history is replete with images of an inclusive society dedicated to the proposition that all parties to its social contract are... 1997  
Alvin Hoi-Chun Hung DID EXCLUSION IGNITE CHINA'S DRIVE TO COMPETE IN SPACE STATION TECHNOLOGY? AN ANALYSIS OF THE TECHNO-LEGAL IMPLICATIONS OF THE WOLF AMENDMENT (2011) 2022 University of Illinois Journal of Law, Technology and Policy 119 (Spring, 2022) Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! [T]here must be a way to honor the country's founding ethic and overwhelmingly positive experience of immigration without potentially... 1997  
Michael G. Bersani Flores V. Meese: Playing Hide and Seek with the Right to Physical Freedom-children Teach the Ins the Abc's of Due Process 43 Syracuse Law Review 867 (1992) I. Introduction. 622 II. Historical Context: Racial Discrimination Against Asian Americans. 628 A. Chinese Immigrants. 629 B. The Internment of Japanese Americans. 631 III. Affirmative Action. 634 A. The Conception and Implementation of Affirmative Action Programs. 634 B. The Absence of Asian Americans from the Affirmative Action Debate. 636 IV.... 1997 Yes
Berta Esperanza Hernández-Truyol , Kimberly A. Johns Global Rights, Local Wrongs, and Legal Fixes: an International Human Rights Critique of Immigration and Welfare "Reform" 71 Southern California Law Review 547 (March, 1998) I. Introduction. 834 II. A History of Exclusion and Deportation of Political Undesirables. 841 A. The Haymarket Riots. 844 B. The Wobblies and the Palmer Raids. 846 C. The Communist Threat'. 850 1. Some Chilling Tales. 850 2. The War Against Harry Bridges. 857 D. Modern Efforts to Monitor Political Ideology. 860 1. The 1990 Act: Limits on and... 1997  
Michelle R. Slack Ignoring the Lessons of History: How the "Open Borders" Myth Led to Repeated Patterns in State and Local Immigration Control 27 Journal of Civil Rights & Economic Development 467 (Winter, 2014) I. What is an American? Citizenship and Race in the Creation of National Identity. 268 A. Citizenship and Race. 270 B. Citizenship and Loyalty. 278 II. Asian Americans Encounter Racial Identity and Hierarchy. 281 A. Race as a Social and Legal Construct. 283 B. The Creation of Black and White in America. 284 C. The Racing of Asian Americans. 289... 1997  
James F. Hollifield , Valerie F. Hunt , Daniel J. Tichenor Immigrants, Markets, and Rights: the United States as an Emerging Migration State 27 Washington University Journal of Law and Policy 7 (2008) Immigration into the United States, both documented and undocumented, has grown steadily over the past two decades and now exceeds one million persons per year. In a time of shrinking government budgets, stagnant or declining real wages, and job instability, immigration has again become a politically charged issue. Whether based on fact, fiction or... 1997  
Fatma E. Marouf Implicit Bias and Immigration Courts 45 New England Law Review 417 (Spring 2011) In Strangers to the Constitution, Professor Gerald Neuman explores the constitutional foundations of immigration law and aliens' rights in the United States. In this Essay, Professor Motomura explains that while Neuman makes a pathbreaking contribution to immigration law scholarship, much of his persuasiveness depends on two key premises. First,... 1997  
Andrew B. Ayers International Law as a Tool of Constitutional Interpretation in the Early Immigration Power Cases 19 Georgetown Immigration Law Journal 125 (Fall, 2004) In the midst of current anti-immigration sentiment, which is motivating dramatic changes in the United States' immigration laws, there exists the myth that prior immigration laws were more equitable and humanitarian. Yet historical analysis reveals that immigration law has been put to uses far from idyllic, and has always been concerned with the... 1997  
Hilal Elver Racializing Islam Before and after 9/11: from Melting Pot to Islamophobia 21 Transnational Law & Contemporary Problems 119 (Spring 2012) My family's history is not uncommon. My ancestors immigrated from Central America to the United States in the mid 1960s through the early 1970s in search of a brighter future. Several of the women in my family accepted jobs as domestic workers when they first arrived in order to make ends meet. What they endured as immigrant domestic workers is a... 1997  
Michael Doran The Equal-protection Challenge to Federal Indian Law 6 University of Pennsylvania Journal of Law & Public Affairs 1 (November, 2020) the ongoing struggle of defining what it means to be American has infected public policy and political debates in a manner that almost defies characterization. The rhetoric about the threats to the American way of life posed by noncitizens is linked to immigration policy because of a heightened awareness of the increased presence of noncitizens... 1997  
Peter Margulies Uncertain Arrivals: Immigration, Terror, and Democracy after September 11 2002 Utah Law Review 481 (2002) To become a United States citizen, a lawful permanent resident alien must successfully demonstrate a knowledge of United States history and government. A standard examination question is: How many branches are there in the federal government of the United States? The correct answer of course is three branches. However, where immigration... 1997  
Paul Meehan Combatting Restrictions on Immigrant Access to Public Benefits: a Human Rights Perspective 11 Georgetown Immigration Law Journal 389 (1997) Editor's Note: This article was completed prior to the Fifth Annual Stein Center Symposium on Contemporary Urban Challenges, which took place on February 28, 1996. Since that time, several then-pending anti-immigrant bills discussed below have been enacted into law. Without changing the author's analysis, these enactments provide additional... 1996  
Jennifer Lee Koh Crimmigration and the Void for Vagueness Doctrine 2016 Wisconsin Law Review 1127 (2016) For a century, the vision of racial equality expressed in John Marshall Harlan's dissent in Plessy v. Ferguson has captured the legal imagination in a way matched by few other texts. Even today, the symbolic power of Harlan's rejection of segregation of African Americans and whites in New Orleans streetcars is rivaled only by the Reverend Martin... 1996  
Sumi Cho Embedded Whiteness: Theorizing Exclusion in Public Contracting 19 Berkeley La Raza Law Journal 5 (2008) I. Introduction. 1357 II. Historical Development of the Law of Immigration. 1361 III. International Efforts to Assist Post-World War II Refugees and Final Adoption of United States Domestic Legislation Defining the Modern Law of Immigration. 1364 A. International Laws Affecting Development of United States Immigration Laws. 1364 B. United States... 1996  
Madeline M. Gomez Intersections at the Border: Immigration Enforcement, Reproductive Oppression, and the Policing of Latina Bodies in the Rio Grande Valley 30 Columbia Journal of Gender and Law 84 (2015) In the midst of one of the largest waves of legal immigration in our nation's history, a strong anti-immigrant undertow threatens to pull us from our constitutional commitment to equality and from our national mythology of open arms and golden doors. The debates concerning noncitizens in the public square of the 1990s provide a good occasion and... 1996  
Michael J. Wishnie Laboratories of Bigotry? Devolution of the Immigration Power, Equal Protection, and Federalism 76 New York University Law Review 493 (May, 2001) In this historical analysis of the Immigration and Nationality Act Amendments of 1965, Professor Chin argues that Congress eased restrictions on Asian immigration into the United States in an effort to equalize immigration opportunities for groups who had been the victims of discriminatory immigration laws in the past. In Part I of the Article, he... 1996  
Lindsay N. Wise People Not Equal: a Glimpse into the Use of Profiling and the Effect a Pending U.n. Human Rights Committee Case May Have on United States' Policy 14 Washington and Lee Journal of Civil Rights and Social Justice 303 (Spring, 2008) INTRODUCTION. 348 I. The Enigma of Race. 355 A. Theories of Racial Identity. 355 1. Biological Race. 355 2. Socially Constructed Race. 358 B. Constructions of Asian Americans. 359 1. Historical Constructions of Asian Identities. 359 a. Constructions of Early Chinese Immigrants. 362 b. Constructions of Early Japanese Immigrants. 371 c. Chinese and... 1996 Yes
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