| Author | Title | Citation | Summary | Year |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |