| Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
| Kevin R. Johnson |
Responding to the "Litigation Explosion": the Plain Meaning of Executive Branch Primacy over Immigration |
71 North Carolina Law Review 413 (January, 1993) |
Politics and personal beliefs have become increasingly intertwined since the founding of the United States. Few issues have divided Americans more than immigration laws and policies. This Note advances the argument that when a noncitizen's application for a National Interest Waiver is denied, there must be some recourse. The current problem is... |
2021 |
|
| Gabriel J. Chin |
Segregation's Last Stronghold: Race Discrimination and the Constitutional Law of Immigration |
46 UCLA Law Review 1 (October, 1998) |
Rates of domestic violence are astonishingly high in Indian Country. More than half of Indian women have experienced physical violence in their lifetimes. They are twice as likely to experience rape as white women and to experience more violent rape when it occurs. Their plight is also deeply intertwined with race: 90% of women reported that the... |
2021 |
|
| Harvey Gee |
Semblances of Sovereignty: the Constitution, the State, and American Citizenship, T. Alexander Aleinikoff, Harvard University Press, 2002. Pp. 223. |
16 Saint Thomas Law Review 147 (Fall 2003) |
Reading Deported Americans is like watching a horror movie; it is all too easy to anticipate the terror coming. But it is no fantasy; this nightmare is real life. The book is the story of good people, many with close connections to the United States, deported without mercy or individual consideration. Sometimes, although not always, they are... |
2021 |
|
| Jean Shin |
The Asian American Closet |
11 Asian Law Journal 1 (May, 2004) |
The disparate treatment of capital and labor reflects one of globalization's central asymmetries: the law often allows financial capital, but not people, to move freely across borders. Yet scholars have largely neglected the intersection of these two regimes, the legal restrictions on migrants' capital, particularly when the migrants themselves are... |
2021 |
|
| Daina C. Chiu |
The Cultural Defense: Beyond Exclusion, Assimilation, and Guilty Liberalism |
82 California Law Review 1053 (July 1, 1994) |
The last few years saw deeply troubling developments in U.S. immigration law and enforcement. The Obama administration annually removed hundreds of thousands of noncitizens from the United States, which earned the President the unflattering nickname of Deporter in Chief. After making immigration enforcement the cornerstone of his 2016... |
2021 |
|
| Philip Brashier |
The United States Struggles with past Judicial Interpretations in Defining the Modern Law of Immigration |
37 South Texas Law Review 1357 (October, 1996) |
This Essay puts forward a two-element argument that noncitizen defendants can use to establish that they have been interrogated for Miranda purposes when they have been questioned about their immigration status by Immigration and Customs Enforcement (ICE) officers. I examine the briefing and decision in one defendant's case to illustrate why this... |
2021 |
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| Rita Cinquemani |
THE VOLUNTARY WORK PROGRAM: A DISCUSSION ON MINIMUM WAGE FOR CIVIL IMMIGRATION DETAINEES |
38 Hofstra Labor and Employment Law Journal 397 (Spring, 2021) |
This Essay traces the roots of the criminal legal and immigration systems and explains my personal journey through these systems, as well as what I have observed about how they operate today. These systems are rooted in British and colonial laws, as well as Puritanism. The remnants of these practices still affect our systems today and show us that... |
2021 |
|
| Jill E. Family |
Threats to the Future of the Immigration Class Action |
27 Washington University Journal of Law and Policy 71 (2008) |
This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these... |
2021 |
Yes |
| Emily Ryo |
Through the Back Door: Applying Theories of Legal Compliance to Illegal Immigration During the Chinese Exclusion Era |
31 Law and Social Inquiry 109 (Winter, 2006) |
This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these... |
2021 |
Yes |
| Jared A. Goldstein |
Unfit for the Constitution: Nativism and the Constitution, from the Founding Fathers to Donald Trump |
20 University of Pennsylvania Journal of Constitutional Law 489 (February, 2018) |
Truly I tell you, whatever you did not do for one of the least of these, you did not do for me. --Matthew 25:45 America is fortunate to have a long running and relatively stable democratic government, due in large part to the robustness of many of its democratic institutions. Analogically, one can describe democratic institutions as some of the... |
2021 |
|
| Jennifer M. Chacón |
Unsecured Borders: Immigration Restrictions, Crime Control and National Security |
39 Connecticut Law Review 1827 (July, 2007) |
Under which circumstances is it legitimate to force people to be free? Focusing on recent cases in Europe--handshaking, gender-mixed swimming lessons, and burkini bans--the Article exposes two types of moral hypocrisy in the European approach to this question. First, there is an increasing appeal to the notion of forcing people to be free in... |
2021 |
|
| Issa Kohler-Hausmann |
What's the Point of Parity? Harvard, Groupness, and the Equal Protection Clause |
115 Northwestern University Law Review Online 1 (5/8/2020) |
What I want to say in this letter, wrote the exasperated Viceroy of India in a telegram to the London-based Secretary of State for India, is that the time for palliatives is past, . and that, if public opinion--and this won't remain a purely Indian question--is to be satisfied, recruiting must stop. Weeks later, on March 10, 1917, the British... |
2021 |
|
| Carrie L. Rosenbaum |
(UN)EQUAL IMMIGRATION PROTECTION |
50 Southwestern Law Review 231 (2021) |
[I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized... |
2020 |
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| Steven Sacco |
ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY |
36 Georgetown Immigration Law Journal 693 (Winter, 2022) |
After the inauguration of Donald Trump as president of the U.S. and the success of authoritarian, far-right leaders in certain countries in the E.U., the legal framework of international trade changed drastically. This article elaborates on this phenomenon by highlighting the effect of the Western anti-Enlightenment tradition, a tradition... |
2020 |
|
| Beth Caldwell |
Banished for Life: Deportation of Juvenile Offenders as Cruel and Unusual Punishment |
34 Cardozo Law Review 2261 (August, 2013) |
C1-2Table of Contents Introduction. 65 I. History of Immigration Law and Policy. 67 II. Immediate Effects of IRCA. 70 III. IRCA Effects on Current Migration Trends and Political Movements. 75 Conclusion. 80 |
2020 |
|
| HARVEY GEE |
Beyond Black and White: Selected Writings by Asian Americans Within the Critical Race Theory Movement |
30 Saint Mary's Law Journal 759 (1999) |
C1-3Table of Contents I. Introduction. 546 II. Theoretical Bases for Study. 552 III. Methodology. 554 IV. Refugees and Predeparture Orientation Programs. 556 V. Canadian and U.S. Predeparture Orientation Programs. 559 A. Broad Distinctions between Canadian and U.S. Orientation Programs. 560 B. Comparison of Specific Legal Rules in Each Book. 561 1.... |
2020 |
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| Victor C. Romero |
Broadening Our World: Citizens and Immigrants of Color in America |
27 Capital University Law Review 13 (1998) |
C1-3Table of Contents L1-2Introduction . L31861 I. Proposition 187 in Brief. 1866 A. The Proposition 187 Campaign: Racism and Nativism at Work. 1868 1. You are the Posse and SOS is the Rope.. 1870 2. The Take Over of California with Crime and Third World Cultures. 1870 3. California's Possible Annexation by Mexico. 1871 4. Those Little F... |
2020 |
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| Henry S. Cohn , Harvey Gee |
No, No, No, No!: Three Sons of Connecticut Who Opposed the Chinese Exclusion Acts |
3 Connecticut Public Interest Law Journal 1 (Fall, 2003) |
Introduction. 1968 I. Immigration Prosecution in the Trump Era. 1974 A. Executive Orders on Immigration Crime. 1977 B. Zero Tolerance for Illegal Entry. 1982 C. Enhanced Punishment for Illegal Reentry. 1986 II. The Movement to Resist Border Criminalization. 1991 A. Ending the Forced Separation of Families. 1991 B. Protecting the Rights of Asylum... |
2020 |
Yes |
| Catherine Y. Kim |
Plenary Power in the Modern Administrative State |
96 North Carolina Law Review 77 (December, 2017) |
Introduction. 646 I. Historical Background: The Politics of Immigration and Rising Federal-State Tensions. 649 A. A Brief History of Immigration Policy in the United States. 649 B. Vermont and the Immigration Enforcement Debate. 653 II. Evolution of Legal Challenges to Detainers. 655 A. Statutory Interpretation of Immigration Enforcement. 655 B.... |
2020 |
|
| Rebecca S. Swaintek |
Protecting the Least among Us: Using the Flores Agreement as a Model for an Alternative to Detention for the Mentally Ill in Ice Custody |
12 Drexel Law Review 417 (2020) |
L1-2Introduction . L3458 I. Immigration, Immigrants, and Civil Rights. 460 A. The Era of Explicit Discrimination. 460 B. America Changes. 463 C. The Rule of Law. 466 D. Borders With Justice, Without Racism. 471 E. The Limits of Civil Rights. 474 II. Migrants and Refugees. 479 A. Refugee Protection. 480 B. Exceptionalism Under Pressure. 483 C.... |
2020 |
|
| Patrick Weil |
Races at the Gate: a Century of Racial Distinctions in American Immigration Policy (1865-1965) |
15 Georgetown Immigration Law Journal 625 (Summer, 2001) |
Mentally ill migrants are currently being detained in cells where noose-like bedsheets hang from vents and their mental health treatment often consists of solitary confinement. Mentally ill adult migrants detained by ICE in the United States do not receive the care their psychological conditions require because ICE facilities are illequipped,... |
2020 |
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| Ryan D. Frei |
Reforming U.s. Immigration Policy in an Era of Latin American Immigration: the Logic Inherent in Accommodating the Inevitable |
39 University of Richmond Law Review 1355 (May, 2005) |
On January 27, 2017, newly inaugurated President Donald Trump signed an Executive Order that banned individuals from certain Muslim-majority countries from entry into the United States. The district and circuit courts' subsequent refusals to sanction the Muslim Bans offered hope to those who recognized the bans as part of a legacy of racist and... |
2020 |
|
| Eileen Kaufman |
Shelter from the Storm: an Analysis of U.s. Refugee Law as Applied to Tibetans Formerly Residing in India |
23 Georgetown Immigration Law Journal 497 (Spring, 2009) |
Scholarship on illegal entry and drug courier prosecutions fails to apply Critical Race Theory (CRT). Disregard of how these prosecutions contribute to racial stratification in and outside American prisons or how drug couriers experience intersectionality ignores sociological and cultural processes. Criminal justice professionals have racialized... |
2020 |
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| Karla Mari McKanders |
Sustaining Tiered Personhood: Jim Crow and Anti-immigrant Laws |
26 Harvard Journal on Racial & Ethnic Justice 163 (Spring 2010) |
Since the nation's founding, presidents have been motivated by racial animus while using executive powers over migratory labor. Early presidents enforced the Constitution's fugitive slave provision. They explored diplomacy to deport free blacks to Africa. From the 1880s through 1940s, presidents acted on the racial animus of workers by restricting... |
2020 |
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| Kevin R. Johnson |
SYSTEMIC RACISM IN THE U.S. IMMIGRATION LAWS |
97 Indiana Law Journal 1455 (Spring, 2022) |
Students for Fair Admissions (SFFA) v. Harvard--a case alleging racial discrimination against Asian applicants in undergraduate admissions on appeal to the First Circuit--is one of the most notable recent equal protection challenges to be advanced almost exclusively on the basis of statistical evidence. The case could well end affirmative... |
2020 |
|
| Ediberto Román |
The Alien Invasion? |
45 Houston Law Review 841 (Summer 2008) |
The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies... |
2020 |
Yes |
| Geoffrey Heeren |
The Immigrant Right to Work |
31 Georgetown Immigration Law Journal 243 (Winter, 2017) |
The Supreme Court has long held that the border is different when it comes to unwarranted searches and seizures. This is due to the government's prevailing interest in preventing the entry of unwanted persons and effects . at the international border. Circuit courts, however, are beginning to reconsider the scope of the border search exception... |
2020 |
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| Paul Brickner |
The Passenger Cases (1849): Justice John Mclean's "Cherished Policy" as the First of Three Phases of American Immigration Law |
10 Southwestern Journal of Law and Trade in the Americas 63 (2003-2004) |
This article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit. The theory underlying the attack is that the statute distinguishes between... |
2020 |
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| John R.B. Palmer |
The Second Circuit's "New Asylum Seekers": Responses to an Expanded Immigration Docket |
55 Catholic University Law Review 965 (Summer, 2006) |
This Article offers the first comprehensive assessment of how domestic and international law limits the U.S. government's ability to separate foreign children from the adults accompanying them when they seek to enter the United States. As early as March 6, 2017, then-Secretary of Homeland Security John Kelly told CNN's Wolf Blitzer that he was... |
2020 |
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| Paula C. Johnson |
The Social Construction of Identity in Criminal Cases: Cinema Verite and the Pedagogy of Vincent Chin |
1 Michigan Journal of Race and Law 347 (Summer 1996) |
This article presents the findings of the first research study of the Institutional Hearing Program (IHP), a prison-based immigration court system run by the U.S. Department of Justice. Although the IHP has existed for four decades, little is publicly known about the program's origin, development, or significance. Based on original analysis of... |
2020 |
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| Won Kidane |
The Terrorism Exception to Asylum: Managing the Uncertainty in Status Determination |
41 University of Michigan Journal of Law Reform 669 (Spring 2008) |
This Article seeks to identify the influence of the colonial legacy on migration policies, paying particular attention to the European context. Its goal is to assess the extent to which the current policy discourse on the migration and development nexus (MDN) stems from a conception of development that is still tightly connected with colonialism.... |
2020 |
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| Peter H. Schuck |
The Transformation of Immigration Law |
84 Columbia Law Review 1 (January, 1984) |
This article will discuss whether an undocumented resident immigrant residing in a community in the United States is entitled to basic due process rights. A question for consideration is whether an undocumented resident immigrant living in a community in the United States can be denied a basic right against unreasonable searches and seizures in a... |
2020 |
|
| Rose Cuison Villazor , Kevin R. Johnson |
The Trump Administration and the War on Immigration Diversity |
54 Wake Forest Law Review 575 (Spring, 2019) |
This Essay contextualizes the racially disproportionate impacts of COVID-19 in the United States within a framework of settler colonialism in order to broaden the understanding of how structural inequality is produced, imposed, and maintained. A settler colonialism framework recognizes that the United States is a present-day settler colonial... |
2020 |
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| Linus Chan |
Unjust Deserts: How the Modern Immigration System Lacks Moral Credibility |
16 Ohio State Journal of Criminal Law 103 (Fall, 2018) |
U.S. law, of course, drew many lines based on race from the earliest days of slavery and colonialism. It is also well known that the government discriminated against noncitizens in favor of citizens in areas such as licensing and land ownership. This Article proposes that during the long Jim Crow era, there was an additional body of racially... |
2020 |
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| Liav Orgad |
WHEN IS IMMIGRATION SELECTION DISCRIMINATORY? |
115 AJIL Unbound 345 (2021) |
When confronted with cases lying at the intersection of immigration and national security, the judiciary has abided by a consistent principle: the president knows best. Since the late nineteenth century, rather than deciding these cases on the merits, courts have instead deferred to the executive branch. Courts' reluctance to engage in judicial... |
2020 |
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| Mary Therese O'Sullivan |
A Paradox in Employment: the Contradiction That Exists Between Immigration Laws and Outsourcing Practices, and its Impact on the Legal and Illegal Minority Working Classes |
6 DePaul Journal for Social Justice 111 (Fall, 2012) |
After a campaign denigrating Muslims as sick people, blaming the children of Muslim Americans for terrorism, and promising to shut down Muslim immigration, and mere days after his inauguration, President Donald J. Trump banned the nationals of seven majority-Muslim countries from entry into the United States. In the litigation that followed,... |
2019 |
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| Kenzo S. Kawanabe |
American Anti-immigrant Rhetoric Against Asian Pacific Immigrants: the Present Repeats the past |
10 Georgtown Immigration Law Journal 681 (Summer, 1996) |
As candidate and President, Donald Trump has unabashedly expressed his disdain for immigrants of color and demonstrated an unmistakable commitment to restrict their immigration to the United States. Contemptuous words about immigrants translated into concrete policies designed to restrict the number of immigrants entering and remaining in the... |
2019 |
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| Louis Henkin |
An Immigration Policy for a Just Society? |
31 San Diego Law Review 1017 (FALL 1994) |
Asylees, refugees, and some Lawful Permanent Residents must obtain a Refugee Travel Document (RTD) from U.S. Citizenship and Immigration Services in order to travel abroad. These non-citizens cannot use passports from their home country, as doing so could result in a loss of their asylee or refugee status. RTDs are only valid for one year and must... |
2019 |
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| Anita Sinha |
Arbitrary Detention? The Immigration Detention Bed Quota |
12 Duke Journal of Constitutional Law & Public Policy 77 (Spring, 2017) |
C1-2Table of Contents I. Introduction. 156 II. Background Of Immigration Issues and Form I-407. 158 A. Presumption of Abandonment of Permanent Resident Status Upon Leaving United States for a Long Period of Time. 159 B. Purpose and Advantages of Form I-407. 160 C. Internal Agency Documents and Manuals Regarding Form I-407. 161 III. How Do We Know... |
2019 |
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| Harvey Gee |
Changing Landscapes: the Need for Asian Americans to Be Included in the Affirmative Action Debate |
32 Gonzaga Law Review 621 (1996-1997) |
Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status... |
2019 |
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| Kitty Calavita |
Collisions at the Intersection of Gender, Race, and Class: Enforcing the Chinese Exclusion Laws |
40 Law and Society Review 249 (June, 2006) |
During the height of the exclusion era, when Asian immigrants were prohibited from naturalizing and becoming United States citizens, state and federal court judges around the country naturalized at least 500 Asian immigrant servicepersons and veterans. Between 1918 and 1925, Federal Bureau of Naturalization officials and state and federal court... |
2019 |
Yes |
| Glenys P. Spence |
Colonial Relics: Unearthing the Lingering Tyranny of Colonial Discourse in U.s.-caribbean Immigration Law and Policy |
26 Journal of Civil Rights & Economic Development 127 (Fall 2011) |
During the Lochner era, the Supreme Court shielded liberty of contract and property rights; it privileged private ordering and restrained the reach of government regulation; and it embraced robust conceptions of national sovereignty with respect to immigration and trade. Though Lochner itself remains an anti-canonical case, many of the conceptions... |
2019 |
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| Sherally Munshi |
Race, Geography, and Mobility |
30 Georgetown Immigration Law Journal 245 (Winter, 2016) |
Legitimation represents a widening chasm at the intersection of immigration and family law. Agencies' and courts' persistent misguided reliance on biology as a paramount dispositive factor in determining who qualifies as a family for the purposes of immigration and nationality is increasingly at odds with family law's growing aspiration of a... |
2019 |
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| Laura A. Hernández |
The Constitutional Limits of Supply and Demand: Why a Successful Guest Worker Program must Include a Path to Citizenship |
10 Stanford Journal of Civil Rights & Civil Liberties 251 (June, 2014) |
The increased public exposure to the experiences of Latinx unaccompanied children seeking entry at the United States southern border has revealed the lived reality of the nation's pernicious immigration laws. The harrowing experiences of unaccompanied children are amplified by their interaction with a legal system plagued by a legacy of systemic... |
2019 |
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| Michael A. Olivas |
The Political Efficacy of Plyler V. Doe: the Danger and the Discourse |
45 U.C. Davis Law Review 1 (November, 2011) |
This Article explores the many challenges--legal and otherwise--that child migrants face as they attempt to navigate the complex web of courts, laws, and shifting political landscapes to become naturalized United States citizens, while putting these challenges in the context of an immigration system that has long been shaped by politics of... |
2019 |
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| Patrick W. Thomas |
The Recurring Native Response to Global Labor Migration |
20 Indiana Journal of Global Legal Studies 1393 (2013) |
This Article flows from the premise that the United States is a present-day settler colonial society whose laws and policies function to support an ongoing structure of invasion called settler colonialism, which operates through the processes of Indigenous elimination and the subordination of racialized outsiders. At a time when U.S. immigration... |
2019 |
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| Paulina Sosa |
The Regulatory Leash of the One-year Refugee Travel Document |
52 Columbia Journal of Law and Social Problems 273 (Winter, 2019) |
This article focuses on two of the earliest Chinese law students in the United States who deployed their legal knowledge and advocacy skills to fight against the Chinese Exclusion Act and its related laws in the early 1900s. Ho Yow, the fourth Chinese national to ever attend law school in the United States, performed this courageous task as Chinese... |
2019 |
Yes |
| Kit Johnson |
Theories of Immigration Law |
46 Arizona State Law Journal 1211 (Winter 2014) |
This Note details the legislative history of § 212(f) of the Immigration and Nationality Act of 1952, which empowers the President to unilaterally restrict entry to the United States by any noncitizen. In 2016, President Trump fully embraced this power in implementing a broad travel ban against citizens of eight nations. In order to better... |
2019 |
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| Patricia I. Folan Sebben |
U.s. Immigration Law, Irish Immigration and Diversity: Cead Mile Failte (A Thousand Times Welcome)? |
6 Georgetown Immigration Law Journal 745 (December, 1992) |
Throughout the past several years, in the Trump and Obama Administrations alike, federal immigration authorities have advanced the use of detention as a deterrent to dissuade immigrants from seeking refuge in the United States. That detention often lasts for months, and even years, causing some immigrants to give up their cases, while... |
2019 |
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| Karla Mari McKanders |
Unforgiving of Those Who Trespass Against U.s.: State Laws Criminalizing Immigration Status |
12 Loyola Journal of Public Interest Law 331 (Spring 2011) |
Two years into the Trump presidency, white nationalism may be driving the Administration's immigration policy. We view white nationalism as the belief that national identity should be built around white ethnicity, and that white people should therefore maintain both a demographic majority and dominance of the nation's culture and public life. We... |
2019 |
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