| Author | Title | Citation | Summary | Year |
| 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 |
| 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 |
| Kit Johnson |
Theories of Immigration Law |
46 Arizona State Law Journal 1211 (Winter 2014) |
This Note details the legislative history of ยง 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 |
| 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 |
| 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 |
| Hiroshi Motomura |
Whose Alien Nation?: Two Models of Constitutional Immigration Law |
94 Michigan Law Review 1927 (May, 1996) |
While Presidents have broad powers over immigration, they have traditionally shown restraint when it comes to influencing the adjudication of individual cases. The Trump Administration, however, has pushed past such conventional constraints. This Article examines executive overreaching in immigration adjudication by analyzing three types of... |
2019 |
| Shalini Bhargava Ray |
Plenary Power and Animus in Immigration Law |
80 Ohio State Law Journal 13 (2019) |
Introduction. 5 I. The Chinese Question. 7 II. John Boalt's Major Premise. 8 III. Unconquerable Repulsion and Boalt's Minor Premise. 9 IV. Boalt's Proposal: Plebiscite on the Chinese Question. 11 V. Boalt's Success. 12 VI. Boalt's Proposal and the Constitutional Convention of 1878-79. 14 VII. Boalt's Measure Passes in a Landslide. 16 VIII. The... |
2018 |
| John Hayakawa Torok |
Reconstruction and Racial Nativism: Chinese Immigrants and the Debates on the Thirteenth, Fourteenth, and Fifteenth Amendments and Civil Rights Laws |
3 Asian Law Journal 55 (May, 1996) |
On Friday January 27, 2017, Donald Trump executed the infamous executive order: banning immigration and even visitors from seven countries. The order affected those with travelers' visas headed to the United States as well as permanent United States residents from seven banned countries attempting to re-enter the United States. By Saturday morning,... |
2018 |
| Ming-sung Kuo |
The Duality of Federalist Nation-building: Two Strains of Chinese Immigration Cases Revisited |
67 Albany Law Review 27 (2003) |
The merger of immigration and criminal law has transformed both systems, amplifying the flaws in each. In critiquing this merger, most scholarly accounts begin with legislative changes in the 1980s and 1990s that vastly expanded criminal grounds of deportation and eliminated many forms of discretionary relief. As a result of these changes,... |
2018 |
| Gabriel J. Chin , Cindy Hwang Chiang , Shirley S. Park |
The Lost Brown V. Board of Education of Immigration Law |
91 North Carolina Law Review 1657 (June, 2013) |
The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has... |
2018 |