| Author | Title | Citation | Summary | Year |
| Michael Scaperlanda |
Partial Membership: Aliens and the Constitutional Community |
81 Iowa Law Review 707 (March 1, 1996) |
Introduction. 314 I. The Tumultuous Immigration Debate of the Twenty-First Century. 317 A. Meltdown in the Desert: Arizona's S.B. 1070. 320 1. S.B. 1070: One State's Effort to Bolster Immigration Enforcement. 326 2. One Color-Blind Defense: S.B. 1070 Bans Racial Profiling. 331 3. Another Color-Blind Defense: S.B. 1070 Simply Mirrors Federal Law.... |
2012 |
| Angela M. Banks |
Precarious Citizenship: Asian Immigrant Naturalization 1918 to 1925 |
37 Law & Inequality: A Journal of Theory and Practice 149 (Winter, 2019) |
It has been a quarter of a century since Peter Schuck and Rogers Smith published Citizenship Without Consent, in which they argued that the American-born children of undocumented immigrants should not be accorded citizenship without the express consent of Congress. Citizenship Without Consent has been widely credited with inspiring the contemporary... |
2012 |
| Angela M. Banks |
Respectability & the Quest for Citizenship |
83 Brooklyn Law Review 1 (Fall, 2017) |
Over the past few years, state legislatures have passed immigration enforcement laws at breakneck speed. As one commentator characterized it: Immigration law is undergoing an unprecedented upheaval. The states . . . have taken immigration matters into their own hands. In response to the widespread perception that the federal government cannot or... |
2012 |
| Gabriel J. Chin |
The Civil Rights Revolution Comes to Immigration Law: a New Look at the Immigration and Nationality Act of 1965 |
75 North Carolina Law Review 273 (November, 1996) |
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), designed to ensure the efficient deportation of criminal aliens, amended 8 U.S.C. § 1226(c) to require the Attorney General to detain any removable alien who has committed a crime of moral turpitude or a crime relating to a controlled substance pending the... |
2012 |
| Tanya Katerí Hernández |
The Construction of Race and Class Buffers in the Structure of Immigration Controls and Laws |
76 Oregon Law Review 731 (Fall 1997) |
The intensifying convergence of U.S. criminal law and immigration law poses fundamental structural problems. This convergence--which manifests in the criminal prosecution of immigration law violators, in deportation of criminal law violators, and in a growing immigration enforcement and detention apparatus--distorts criminal law incentives and... |
2012 |
| Ingrid Eagly, Steven Shafer |
The Institutional Hearing Program: a Study of Prison-based Immigration Courts in the United States |
54 Law and Society Review 788 (December, 2020) |
The Supreme Court's decision in Padilla v. Kentucky involves criminal defense attorneys in immigration law as never before. Long the mediators between defendants and the state's penal authority, these attorneys must now advise their noncitizen clients about the potential immigration pitfalls of a conviction. Just what advice is required,... |
2012 |
| Robert T. Senh |
The Liberty Rights of Resident Aliens: You Can't Always Get What You Want, but If You Try Sometimes, You Might Find, You Get What You Need |
11 Oregon Review of International Law 137 (2009) |
The United States has a tradition of restrictive immigration laws designed to protect American jobs. It is time consuming, expensive, and difficult for non-citizens to gain an immigrant employment visa. Prior to being considered for an employment visa, skilled and non-skilled workers, the vast majority of the workforce, are put on a waiting list... |
2012 |
| Kiyoko Kamio Knapp |
The Rhetoric of Exclusion: the Art of Drawing a Line Between Aliens and Citizens |
10 Georgetown Immigration Law Journal 401 (Spring, 1996) |
This Article gives the first account of the moral turpitude standard, tracing its trajectory from the early American law of defamation to evidence law, where it has been used for witness impeachment, and then to legal areas as diverse as voting rights, juror disqualification, professional licensing, and immigration law, where it is used as a... |
2012 |
| Denny Chan |
An Invisibility Cloak: the Model Minority Myth and Unauthorized Asian Immigrants |
3 UC Irvine Law Review 1281 (December, 2013) |
At the dawn of the twentieth century--after the United States' successful takeover of Puerto Rico, Hawaii, the Philippines, and Guam--burgeoning American agribusiness sought to control immigrant workers from around the world. In particular, it targeted recalcitrant Puerto Ricans organizing mass resistance to oppressive working and living... |
2011 |
| Aaron Korthuis |
Detention and Deterrence: Insights from the Early Years of Immigration Detention at the Border |
129 Yale Law Journal Forum 238 (November 25, 2019) |
From its inception, the United States has had a difficult and dichotomous relationship with immigration. Today, parties on all sides of the immigration debate battle one another to a stalemate during every election cycle. The resulting perpetual inaction of the federal government has led numerous state governments to enact legislation intended to... |
2011 |