| Author | Title | Citation | Summary | Year |
| Jonathan C. Augustine |
AND WHO IS MY NEIGHBOR?: A FAITH-BASED ARGUMENT FOR IMMIGRATION POLICY REFORM IN WELCOMING UNDOCUMENTED REFUGEES |
66 Howard Law Journal 439 (Spring, 2023) |
When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as a citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt. The January 6, 2021 insurrection at the Capitol in Washington, DC, revealed several things about the United States. In... |
2023 |
| Kristine Quint |
FAULT LINES OF IMMIGRATION FEDERALISM: UNITED STATES v. TEXAS AND THE REVERSE-COMMANDEERING OF IMMIGRATION ENFORCEMENT POWER |
27 Lewis & Clark Law Review 991 (2023) |
Federal supremacy over immigration enforcement is a primary tenet of U.S. immigration law. Despite this, states are now routinely, and often successfully, blocking executive immigration policy in federal court. One such case is United States v. Texas, in which the states argue that the Biden administration's enforcement priority guidelines inflict... |
2023 |
| Sandra L. Rierson |
FROM DRED SCOTT TO ANCHOR BABIES: WHITE SUPREMACY AND THE CONTEMPORARY ASSAULT ON BIRTHRIGHT CITIZENSHIP |
38 Georgetown Immigration Law Journal 1 (Fall, 2023) |
[W]e remain imprisoned by the past as long as we deny its influence in the present. Section 1 of the Fourteenth Amendment guarantees birthright citizenship: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. Unrestricted... |
2023 |
| Andrew Tae-Hyun Kim |
IMMIGRANT TORTS |
57 U.C. Davis Law Review 1059 (December, 2023) |
In 2022, the Supreme Court effectively gutted a long-standing constitutional remedy for torts committed by federal officers. In the process, it seemingly immunized even the most serious abuses committed by Border Patrol agents. Such dramatic legal transformation has occurred despite--and perhaps because of--the soaring numbers of migrants at the... |
2023 |
| Fatma Marouf |
IMMIGRATION LAW'S MISSING PRESUMPTION |
111 Georgetown Law Journal 983 (May, 2023) |
The presumption of innocence is a foundational concept in criminal law but is completely missing from quasi-criminal immigration proceedings. This Article explores the relevance of a presumption of innocence to removal proceedings, arguing that immigration law has been designed and interpreted in ways that disrupt formulating any such presumption... |
2023 |
| Lindsay Nash |
INVENTING DEPORTATION ARRESTS |
121 Michigan Law Review 1301 (June, 2023) |
At the dawn of the federal deportation system, the nation's top immigration official proclaimed the power to authorize deportation arrests an extraordinary one to vest in administrative officers. He reassured the nation that this immense power--then wielded by a cabinet secretary, the only executive officer empowered to authorize these... |
2023 |
| Jennifer M. Chacón |
LEGAL BORDERLANDS AND IMPERIAL LEGACIES: A RESPONSE TO MAGGIE BLACKHAWK'S THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review Forum 1 (November, 2023) |
What are the borderlands? In her brilliant and sweeping exploration of the constitution of American colonialism, Professor Maggie Blackhawk references the borderlands dozens of times. She ultimately looks to the borderlands for constitutional salvation, extracting six principles of borderlands constitutionalism that she urges us to reckon with... |
2023 |
| Kevin R. Johnson |
TEACHING RACIAL AND SOCIAL JUSTICE IN THE IMMIGRATION LAW SURVEY COURSE |
67 Saint Louis University Law Journal 473 (Spring, 2023) |
This article makes the case for integrating racial and social justice in teaching the immigration law survey course. Part I briefly highlights the systemic injustices generated by the operation of the contemporary U.S. immigration laws and their enforcement. Part II considers the benefits of teaching immigration law through a racial and social... |
2023 |
| Hardeep Dhillon , American Bar Foundation, Chicago, IL, USA, Email: hdhillon@abfn.org |
THE MAKING OF MODERN US CITIZENSHIP AND ALIENAGE: THE HISTORY OF ASIAN IMMIGRATION, RACIAL CAPITAL, AND US LAW |
41 Law and History Review 1 (February, 2023) |
This article unravels an important historical conjuncture in the making of modern US citizenship and alienage by drawing on the state's regulation of naturalization as it relates to Asian immigration in the early twentieth century. My primary concern is to examine the socio-legal formations that constructed the thick distinctions between the modern... |
2023 |
| Ingrid V. Eagly |
THE RACISM OF IMMIGRATION CRIME PROSECUTION |
109 Iowa Law Review Online 27 (2023) |
ABSTRACT: Eric Fish's Article, Race, History, and Immigration Crimes, explores the racist motivation behind the original 1929 enactment of the two most common federal immigration crimes, entry without permission and reentry after deportation. This Response engages with Fish's archival work unearthing this unsettling history and examines how his... |
2023 |