AuthorTitleCitationSummaryYearKey Term in Title or Summary
Wesley C. Brockway Rationing Justice: the Need for Appointed Counsel in Removal Proceedings of Unaccompanied Immigrant Children 88 University of Colorado Law Review 179 (Winter, 2017) Oakdale, Louisiana is a small town of 6,837 people. The Immigration and Naturalization Service (INS) Federal Detention Center in Oakdale holds one thousand immigrants, and the Oakdale Federal Corrections Institution holds three hundred immigrants. These immigrants are in Oakdale because aliens, even legal permanent resident aliens, who are... 1996  
Karen K. Narasaki Testimony on the Immigration Reform Act of 1995 Before the Subcommittee on Immigration, U.s. Senate Judiciary Committee 10 Georgetown Immigration Law Journal 77 (March, 1996) The anti-domestic violence movement has made significant progress in the past twenty years. However, these gains largely have not been realized by Asian American women. The author argues that for Asian American women, domestic violence is complicated by factors such as language barriers, immigrant status, cultural differences, and racial... 1996  
J. Allen Douglas The "Priceless Possession" of Citizenship: Race, Nation and Naturalization in American Law, 1880-1930 43 Duquesne Law Review 369 (Spring 2005) The area of immigration policy is particularly important to the National Asian Pacific American Legal Consortium because of the large percentage of recent immigrants in the Asian Pacific American community and the long history of racially discriminatory treatment of Asians and Pacific Islanders by our country's immigration laws. The Consortium... 1996  
Harold Hongju Koh The Haitian Refugee Litigation: a Case Study in Transnational Public Law Litigation 18 Maryland Journal of International Law and Trade 1 (Spring 1994) The Reconstruction amendments and civil rights law historically have been viewed in the context of African American emancipation, naturalization, and enfranchisement. However, Chinese immigrants' presence and the racial nativism they engendered in the white polity influenced the debates surrounding that legislation and the attendant Supreme Court... 1996 Yes
Kitty Calavita The Paradoxes of Race, Class, Identity, and "Passing": Enforcing the Chinese Exclusion Acts, 1882-1910 25 Law and Social Inquiry 1 (Winter, 2000) These words signify the ideal on which America, the nation of immigrants, was built. Whether in 1820 or 1996, through Ellis Island or Angel Island, the American immigrant, inspired by the hopes and dreams of a better life, has brought human capital to this nation. With the exception of Native Americans and indigenous Hawaiian Americans, most... 1996 Yes
James Duff Lyall Vigilante State: Reframing the Minuteman Project in American Politics and Culture 23 Georgetown Immigration Law Journal 257 (Winter, 2009) We are the only country in which an Okinawan vendor serves Kosher pastrami and stir-fried vegetables wrapped in a tortilla to young white punk rockers at 3:00 a.m. in the morning. 1890: [P]ersons of the Mongolian race are not entitled to be admitted as citizens of the United States. In re Hong Yen Chang 1993: [P]utting America first mean[s]... 1996  
Reviewed by Hiroshi Motomura Whose Immigration Law?: Citizens, Aliens, and the Constitution 97 Columbia Law Review 1567 (June 1, 1997) Who is an American, and how do we choose new Americans? Immigration law and policy try to answer these questions, and so it is no wonder the immigration debate attracts so much public attention. After all, it represents our public attempt to define ourselves as a community, and to decide what we ask of those who want to join our ranks. The stream... 1996 Yes
Mae M. Ngai Birthright Citizenship and the Alien Citizen 75 Fordham Law Review 2521 (April, 2007) C1-3Table of Contents I. Overview of Immigration Detention. 1095 A. Statutory Framework. 1095 B. The Expanded INS Detention Mission. 1099 C. Mission Impossible: Actual Detention Operations. 1106 II. Conditions of Confinement at Immigration Detention Facilities. 1111 A. Overview of Conditions at INS Detention Facilities. 1113 B. Detention Conditions... 1995  
Kevin R. Johnson BRINGING RACIAL JUSTICE TO IMMIGRATION LAW 116 Northwestern University Law Review Online 1 (May 13, 2021) C1-3Table of Contents I. The Development of Alien and Immigration Laws in the United States. 950 A. Give Me Your Tired and Poor, Your Huddled Masses Yearning to Breathe Free. 950 B. Closing the Golden Door. 952 C. Taking Aim at Federalism. 956 II. The Dormant Immigration Clause. 958 A. Plenary Federal Power. 958 B. Preserving a Role for the... 1995  
George A. Martínez Immigration and the Meaning of United States Citizenship: Whiteness and Assimilation 46 Washburn Law Journal 335 (Winter 2007) In 1791, Alexander Hamilton cautioned Congress that for the United States to become a true power in manufacturing, it would have to encourage immigration to prevent a scarcity in the labor pool. Through advertisement and active recruitment of workers, government officials encouraged immigration into the United States in the nineteenth and the early... 1995  
Lucas Guttentag Immigration Preemption and the Limits of State Power: Reflections on Arizona V. United States 9 Stanford Journal of Civil Rights & Civil Liberties 1 (January, 2013) In February 1879, the Senate of the United States debated H.R. 2423, [a]n act to restrict the immigration of Chinese to the United States. Resentful and fearful whites in Western states, especially California, demanded reduction in the number of Chinese arrivals. The Senate debate did not focus solely on the desirability of Chinese immigration.... 1995 Yes
Kevin R. Johnson Immigration, Civil Rights, and Coalitions for Social Justice 1 Hastings Race and Poverty Law Journal 181 (Fall, 2003) In mid-1993, a group of concerned California residents were fed up. They were tired of the illegal aliens whom they blamed for sapping the state's resources. These aliens were everywhere: crowding their children out of public schools, crowding welfare offices, and crowding the emergency rooms of hospitals. To attack these problems, these angry... 1995  
Rebekah Ross LET INDIANS DECIDE: HOW RESTRICTING BORDER PASSAGE BY BLOOD QUANTUM INFRINGES ON TRIBAL SOVEREIGNTY 96 Washington Law Review 311 (March, 2021) In this time of great national concern over the control of American borders and the legal and social status of immigrants, the traditional Civil Rights Movement is at a crucial stage. In this Article, the author finds that the Civil Rights Movement, which operates in a primarily Black v. white paradigm, is ill-equipped to deal with an... 1995  
Kevin R. Johnson Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement 1993 Brigham Young University Law Review 1139 (1993) Introduction 1425 I. Alienage Discrimination and Permanent Residents 1426 A. The Claim of Freedom to Discriminate 1427 B. The Objection to Complexity 1430 1. The Objection Is Factually Mistaken 1431 2. The Objection Is Theoretically Misguided 1434 3. The Need for Judicial Protection Against State Alienage Discrimination 1436 II. Aliens as Outlaws... 1995  
Katherine Tonnas Out of a Far Country: the Sojourns of Cubans, Vietnamese, Haitians, and Chinese to America 20 Southern University Law Review 295 (Fall, 1993) INTRODUCTION. 228 I. THE HISTORY OF UNITED STATES IMMIGRATION AND NATURALIZATION LEGISLATION. 228 A. Selective Admissions. 229 B. National Origin Quotas (1921-1965). 232 C. The Elimination of the Quota System and Illegalization of the Mexican Worker (1952, 1965-1976). 233 D. The Immigration Act of 1965. 233 E. Immigration Legislation (1970-76). 235... 1995 Yes
Virgil Wiebe The Immigration Hotel 68 Rutgers University Law Review 1673 (Summer, 2016) The Supreme Court, in Reno v. Flores, upheld a regulation promulgated by the Immigration and Naturalization Service (INS) requiring that alien juveniles who are suspected of being deportable be placed with government selected or operated institutions, where no parent, close relative, or legal guardian is available to assume custody. Despite the... 1995  
Carrie Rosenbaum What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law and Noncitizens 9 DePaul Journal for Social Justice 1 (Summer, 2016) What does the United States of America mean to most immigrants? Historically, the United States symbolized a spirit of liberty, which was reflected in the free and democratic tradition of its society. Inside its borders, they saw a land of opportunity where the hopes and aspirations of any individual could be fully realized. For the world's poor... 1995  
Elizabeth Keyes Defining American: the Dream Act, Immigration Reform and Citizenship 14 Nevada Law Journal 101 (Fall 2013) For post-prandial remarks, at this conference, I have decided to address only a huge subject, to talk only about what you already know, and to invite you to join me in a perhaps-quixotic battle. The title of my remarks is Immigration and the Constitution: A Clean Slate. For many of you, this title will ring bells. Many of you will recall the... 1994  
Ediberto Roman Immigration and the Allure of Inclusion 35 Seton Hall Law Review 1349 (2005) Immigration reform is rapidly becoming a major political issue in 1994. With economic growth at a standstill and a new wave of immigrants rushing to our shores, some sixty-five percent of Americans now favor tighter immigration laws. Dozens of immigration bills have been introduced in Congress, bills which call for everything from a strengthening... 1994  
Ilya Somin Immigration, Freedom, and the Constitution 40 Harvard Journal of Law & Public Policy 1 (April, 2017) In reading about the history behind this lecture series, I was struck by how Lawrence I. Gerber is described: as a man born in New York City of immigrant parents who went on to attend City College and NYU Law School, who loved the law and remained faithful to it through 60 years of practice. His, in short, was the story of the American dream, a... 1994  
Michael Scaperlanda Justice Thurgood Marshall and the Legacy of Dissent in Federal Alienage Cases 47 Oklahoma Law Review 55 (Spring, 1994) In this article, Professor Scanlan argues that in spite of recent trends toward globalism, traditionally composed nation-states, especially the United States, will continue to exercise localized control over immigration and receiving nations may pursue increasingly restrictive policies. The author begins with a history of recent U.S. and European... 1994  
Gabriel J. Chin Regulating Race: Asian Exclusion and the Administrative State 37 Harvard Civil Rights-Civil Liberties Law Review 1 (Winter, 2002) On September 27, 1987, Dong-lu Chen confronted his wife, Jian-wan, about her suspected infidelity. Jian-wan admitted that she was having an extramarital affair. Dong-lu was so enraged by his wife's infidelity that he rushed into another room, picked up a hammer, and then smashed it into his wife's head eight times. Jian-wan subsequently died from... 1994  
Shayak Sarkar TAX LAW'S MIGRATION 62 Boston College Law Review 2209 (October, 2021) Thanks largely to A Theory of Justice , Professor John Rawls' modern classic, justice has been a preoccupation of political philosophers in the second half of the Twentieth Century. But Rawls - and Aristotle, who was occupied with justice 2,300 years earlier, and virtually all the many others in between - addressed the just society as... 1994  
Dave McCurdy The Future of U.s. Immigration Law 20 Journal of Legislation 3 (1994) The passage of the Immigration Act of 1990 and its subsequent signature by President Bush represent the closing of a shameful chapter in United States history. The new law repealed many of the exclusionary provisions of the Immigration and Nationality Act (INA), among them, the exclusion of homosexuals. The quiet and unspectacular passage of the... 1994  
Monika Batra Kashyap U.s. Settler Colonialism, White Supremacy, and the Racially Disparate Impacts of Covid-19 11 California Law Review Online 517 (November, 2020) Thurgood Marshall, whose name will be forever etched in the memory of a nation, tirelessly prodded the American conscience, searing the ugliness of segregation and racial hatred, calling us to reach deep within ourselves to discover the better part of our human nature. Yes, he will be remembered as the first black justice of the United States... 1994  
Deenesh Sohoni Unsuitable Suitors: Anti-miscegenation Laws, Naturalization Laws, and the Construction of Asian Identities 41 Law and Society Review 587 (September, 2007) VIRGINIA RAMADAN: Our previous panels, if I may generalize, addressed the issue of who we should allow in, and, perhaps, what should be afforded to those who are let in. What this panel will discuss is, after we let them in, how should we treat them? Should aliens or immigrants be afforded the same rights in terms of social services as United... 1994  
Karin Wang Battered Asian American Women: Community Responses from the Battered Women's Movement and the Asian American Community 3 Asian Law Journal 151 (May, 1996) C1-3Table of Contents I. Introduction. 1140 II. Political Power of the New Immigrants. 1149 A. Immigrants Past and Present. 1150 1. Limitations on noncitizen influence. 1153 2. The vocal, sometimes successful, minority. 1158 B. The New Nativism and Its Impact. 1162 C. Political Failure and Haitian Repatriation. 1175 D. Preliminary Observations.... 1993  
Nicholas Loh DIASPORIC DREAMS: LAW, WHITENESS, AND THE ASIAN AMERICAN IDENTITY 48 Fordham Urban Law Journal 1331 (October, 2021) 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! Inscription on the Statute of Liberty The luminous splendor of liberty and freedom that the Statue of Liberty symbolizes for many immigrants is... 1993  
Katie Kelly Enforcing Stereotypes: the Self-fulfilling Prophecies of U.s. Immigration Enforcement 66 UCLA Law Review Discourse 36 (2018) I. INTRODUCTION. 17 II. THE KOREAN AND AFRICAN AMERICAN COMMUNITIES: THE LEGAL NARRATIVE OF RACIAL INJUSTICE AND ECONOMIC INEQUALITY. 35 A. The African American Community: White Supremacy As National Policy. 41 1. The Antebellum Era. 42 2. The Post-Bellum Era. 44 B. The Asian American Community: Independence over Struggles Against Racism. 57 III.... 1993  
Kevin R. Johnson Immigration and Civil Rights in the Trump Administration: Law and Policy Making by Executive Order 57 Santa Clara Law Review 611 (2017) Immigration is quickly changing the racial demographics of the United States. In so doing, it is creating both tensions and opportunities. The author responds to those who advocate restricted immigration as the solution to racial problems. He refutes the underlying assumptions of such Euro-immigrationists: that the United States has a solely white,... 1993  
Jayashri Srikantiah Introduction 16 Stanford Law and Policy Review 317 (2005) In the October 1991 Term, the United States Supreme Court handed down an unprecedented four immigration decisions. In all four, the Court decided in favor of the Immigration and Naturalization Service. In this Article, Professor Kevin R. Johnson explains and analyzes these recent decisions and considers their implications for future immigration... 1993  
M. Margaret McKeown , Emily Ryo The Lost Sanctuary: Examining Sex Trafficking Through the Lens of United States V. Ah Sou 41 Cornell International Law Journal 739 (Fall 2008) The United States is a nation of immigrants and refugees. The founding fathers, Thomas Jefferson and others did ... create a civic culture which made it possible for the United States to make Americans out of people from vastly different cultural and religious backgrounds unlike any other country. Therefore, some writers contend that American... 1993  
Henry Yu, University of California, Los Angeles Andrew Gyory, Closing the Gate: Race, Politics, and the Chinese Exclusion Act, Chapel Hill: the University of North Carolina Press, 1998. Pp. Xii + 354. $49.95 Cloth (Isbn 0-8078-2432-1); $19.95 Paper (Isbn 0-8078-4739-9). 20 Law and History Review 418 (Summer, 2002) Because Congress is held to have plenary power to exclude aliens from the United States, efforts to eliminate discrimination from this nation's immigration policy tend to rely on basic notions of fairness rather than on the legal rights of aliens. Supporters of the 1965 amendments to the Immigration and Nationality Act employed such a fairness... 1992 Yes
Freddy Funes Beyond the Plenary Power Doctrine: How Critical Race Theory Can Help Move Us past the Chinese Exclusion Case 11 Scholar: St. Mary's Law Review on Minority Issues 341 (Spring 2009) C1-3TABLE OF CONTENTS I. INTRODUCTION. 67 II. RELEVANCY. 70 III. THE SETTING. 73 A. Historical U.S. Exclusion of Aliens. 73 B. Historical Treatment of U.S. Citizens with AIDS. 74 IV. LEGISLATIVE FRAMEWORK. 76 A. Immigration Reform and Control Act of 1986 (IRCA). 76 1. General IRCA Provisions. 76 2. General Legalization. 77 B. The HIV Amendment (The... 1992 Yes
Alina Das Inclusive Immigrant Justice: Racial Animus and the Origins of Crime-based Deportation 52 U.C. Davis Law Review 171 (November, 2018) In the halls of the University College of Galway, posters advertise the next topic of the school's debate team: Is Ireland the 51st state of the United States? It is estimated that approximately 100,000 Irish immigrants were living illegally in the United States in 1990, and more were soon to follow, due in large part to the Immigration Act of... 1992  
Jayashri Srikantiah, Shirin Sinnar White Nationalism as Immigration Policy 71 Stanford Law Review Online 197 (March, 2019) When overzealous government policies make victims of vulnerable segments of society, it is not unusual for alarms to sound in the halls of organizations that champion civil liberties. But when such policies target children, a sensitive nerve is struck in all of us. The Immigration and Naturalization Service (INS) should not have been surprised,... 1992  
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 woman from the Philippines was abused by her United States citizen spouse. He threatened to have immigration authorites deport her to the Philippines if she tried to leave him. She stayed. He later cut her all over her back, head, and hands with a meat cleaver. An American citizen married a Polish woman and brought her to the United States.... 1991  
Peggy Li Hitting the Ceiling: an Examination of Barriers to Success for Asian American Women 29 Berkeley Journal of Gender, Law & Justice 140 (Winter 2014) I. Plenary Power as Constitutional Law A. Classical Immigration Law B. Plenary Power in the Early Modern Era II. Phantom Norms, Statutory Interpretation, and Constitutional Change A. Constitutional Norms and Statutory Interpretation B. The Emergence of Phantom Norm Decisionmaking in Immigration Law C. Constitutional Change: From Phantom Norms to... 1990  
Janine Silga The Ambiguity of the Migration and Development Nexus Policy Discourse: Perpetuating the Colonial Legacy? 24 UCLA Journal of International Law and Foreign Affairs 163 (Spring, 2020) The debate over American immigration policy has always reflected both high ideals and base impulses. This dialectic has affected immigration law doctrine in distinctive ways. Uncertainty about the constitutional rights of aliens, the power of Congress and the executive and the proper role of the judiciary have made immigration law concepts... 1990  
Harvey Gee Some Thoughts and Truths about Immigration Myths: the "Huddled Masses" Myth: Immigration and Civil Rights 39 Valparaiso University Law Review 939 (Summer, 2005) Section 901 of the Foreign Relations Act, Fiscal Years 1988 and 1989, guarantees that some aliens will not be excluded or deported because of their ideological expression or association. Resident aliens and members of the Palestine Liberation Organization are excepted from section 901 and are, therefore, subject to ideological exclusion. This... 1989  
James W. Gordon Was the First Justice Harlan Anti-chinese? 36 Western New England Law Review 287 (2014) We do almost no single sensible and deliberate thing to make family life a success. And still the family survives. It has survived all manner of stupidity. It will survive the application of intelligence. Walter Lippmann A couple, who for the purposes of this article shall be identified as the Smiths, a citizen and nonimmigrant student, met and... 1989 Yes
Kevin R. Johnson IMMIGRATION LAW LESSONS FROM DEPORTED AMERICANS: LIFE AFTER DEPORTATION TO MEXICO 50 Southwestern Law Review 305 (2021) In an issue that reflects our penchant for periodic celebration and our habit of thinking decimally, it will doubtless be noted that the Harvard Law Review was born during the centenary of the United States Constitution and thatof coursethe Review's hundredth birthday occurs as the nation celebrates the Constitution's bicentennial. Several will... 1987  
Mary Fan The Case for Crimmigration Reform 92 North Carolina Law Review 75 (December, 2013) The historic struggle for freedom of expression, both in England and in this country, was primarily directed against the power of the licensor. Recognizing this origin of the first amendment, the Supreme Court has repeatedly struck down licensing schemes that vest the government with discretionary power to censor the content of public debate. A... 1987  
Margaret Hu Algorithmic Jim Crow 86 Fordham Law Review 633 (November, 2017) American history is the history of many peoples. In our multicultural society immigrants have followed two paths to satisfy their need to belong: they have turned inward to group solidarity and outward toward assimilation. Professor Karst explores these two paths to belonging and illustrates how our Constitution can aid outsiders in their search... 1986  
Rebecca Sharpless Immigrants Are Not Criminals: Respectability, Immigration Reform, and Hyperincarceration 53 Houston Law Review 691 (Winter 2016) Immigration has long been a maverick, a wild card, in our public law. Probably no other area of American law has been so radically insulated and divergent from those fundamental norms of constitutional right, administrative procedure, and judicial role that animate the rest of our legal system. In a legal firmament transformed by revolutions in due... 1984  
Gabriel J. Chin RELIEF AND STATUTES OF LIMITATION FOR DEPORTABLE NONCITIZENS UNDER ASIAN EXCLUSION, 1882-1948 50 Southwestern Law Review 218 (2021) One often reads or hears that a state has a right to exclude all aliens from its territory unless a treaty obligation requires admission. Frequently, that proposition prefaces discussion of such issues as immigration quotas, expulsion and deportation of aliens, justiciability and procedural due process in litigation involving immigration questions,... 1983  
Shoba Sivaprasad Wadhia Business as Usual: Immigration and the National Security Exception 114 Penn State Law Review 1485 (Spring 2010) C1-8TABLE OF CONTENTS L1-8 PAGE L2-7,T7Introduction 644 I. L2-7,T7Immigration: Admission and Exclusion of Aliens 647 A. L3-7,T7Numerical Restriction: The Quota System 648 L4-7,T7Determination of Quota 648 L4-7,T7Allocation to Quota 650 (a) L6-7,T7Quota to Which Alien Is Chargeable 650. (b) L6-7,T7Preferences within the Quota 651. (c) L6-7,T7Special... 1953  
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