AuthorTitleCitationSummaryYear
Walter P. Jacob Diversity Visas: Muddled Thinking and Pork Barrel Politics 6 Georgetown Immigration Law Journal 297 (June, 1992) I. Borders, Equality, and Integration. 361 A. Plyler v. Doe. 361 B. Borders Versus Equality. 363 C. Reconciling Borders with Equality. 365 D. The Role of Integration. 365 II. Immigration, Citizenship, Race, and Integration. 368 A. The Burdens of History. 368 B. The Cycle of Skepticism. 371 III. Integration and Immigration Outside the Law. 373 A.... 2012
Michael R. Curran Flickering Lamp Beside the Golden Door: Immigration, the Constitution, & Undocumented Aliens in the 1990s 30 Case Western Reserve Journal of International Law 57 (Winter 1998) I. Introduction. 584 II. Extraordinary Migration and Pitfalls for Mexican Applicants. 592 A. Mexican Migration Patterns. 594 B. Mass Repatriations . 598 C. Immigration History. 601 1. Birth and Citizenship. 603 2. Accounts of Presence or Residence. 606 III. Substantive and Procedural Requirements for Acquired Citizenship. 607 A. Constitutional... 2012
Bettina M. Fernandez Hiv Exclusion of Immigrants under the Immigration Reform & Control Act of 1986 5 La Raza Law Journal 65 (Spring, 1992) I. Point of Departure. 119 II. Paving the Road for Racializing Islam: Pre-9/11 Era. 123 A. Muslim Community in the United States. 124 1. Immigrants. 125 2. Natives: African American Muslims. 128 B. Prejudices Against Muslims and Middle Easterners in the Pre-9/11 Era. 130 1. Discrimination Against Middle Easterners and Muslims in the Process of... 2012
Quinn H. Vandenberg How Can the United States Rectify its Post-9/11 Stance on Noncitizens' Rights? 18 Notre Dame Journal of Law, Ethics & Public Policy 605 (2004) I. Proportionality Review Outside Immigration Law. 418 II. Proportionality Review in Immigration Law. 424 A. Removal as a Punitive Sanction. 425 1. Removal of Permanent Residents. 427 2. Removal of Non-LPRs. 428 B. Re-entry Bars as a Punitive Sanction. 431 C. Case-by-Case Proportionality Review in Immigration Cases. 435 D. Categorical... 2012
Kari Hong How to End "Illegal Immigration" 33 Maryland Journal of International Law 244 (2018) I. The Immigration Law Influence on National Security Policy. 627 A. Framing the Debate: Trading Rights for Security. 628 B. The Development of Two-Tiered Adjudicatory Structures. 630 C. Restricting Access to the Courts and the Scope of Judicial Review. 633 D. Security as Proxy for Other Aims. 638 II. The Failure to Close Guantánamo. 640 A.... 2012
Amy Seilliere How Voluntary Abandonment of Permanent Resident Status and Coercion Don't Mix 51 University of the Pacific Law Review 155 (2019) I. The Immigration Law Influence on National Security Policy. 789 II. The Failure to Close Guantánamo. 798 III. Conclusion. 804 2012
Kevin R. Johnson Immigration and Civil Rights: Is the "New" Birmingham the Same as the "Old" Birmingham? 21 William & Mary Bill of Rights Journal 367 (December, 2012) Immigration law both screens migrants and regulates the behavior of migrants after they have arrived. Both activities are information intensive because the migrant's type and the migrant's post-arrival activity are often forms of private information that are not immediately accessible to government agents. To overcome this information problem,... 2012
Karla M. McKanders IMMIGRATION AND RACIAL JUSTICE: ENFORCING THE BORDERS OF BLACKNESS 37 Georgia State University Law Review 1139 (Summer, 2021) Immigration policy and regulation have been hotly contested issues in the United States since the 1800s. At the center of this historic immigration debate have been issues of federalism and core questions under the United States Constitution. Arizona v. United States, one of the Supreme Court's blockbuster decisions of the summer of 2012, has... 2012
Keith Aoki No Right to Own?: the Early Twentieth-century "Alien Land Laws" as a Prelude to Internment 19 Boston College Third World Law Journal 37 (Fall, 1998) Introduction. 194 I. The Exclusions of Plenary Powers. 200 II. Immigration Law: The Fallback Doctrinal Justification for Guantánamo Detentions. 204 A. Boumediene: Limits on Alien Status and Location as Bars to Constitutional Habeas. 205 B. The Kiyemba Triumvirate: Immigration Law and the Fallback to Detain After Habeas. 210 C. Kiyemba and... 2012
Christian Sundquist PANDEMIC POLICING 37 Georgia State University Law Review 1339 (Summer, 2021) Introduction. 228 I. The Plenary Power Doctrine and Immigration Detention. 230 A. The Origin of the Plenary Power Doctrine. 230 B. Judicial Limitations and Scholarly Criticism. 234 C. The Structure of Immigration Detention. 238 II. Why a Constitutionalized Theory. 243 A. Habeas Corpus, Noncitizens, and Nonpunitive Detention. 243 B. Due Process at... 2012
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