ยง 6:6. National origin Government Discrimination: Equal Protection Law and Litigation 6:6 (2022) Ever since Strauder v. West Virginia, where the Court cited discrimination against Celtic Irishmen, perhaps confusing that status with that of a racial minority, the Court has treated national origin discrimination as similar to race discrimination. No national origin-based discrimination has been sustained since World War II. The Court imposes... 2022
Steven Sacco ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY 36 Georgetown Immigration Law Journal 693 (Winter, 2022) C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... 2022
Sadie M. Casamenti ACTS OF JUSTICE: RESTORING JUSTICE FOR IMMIGRANTS THROUGH STATE PARDONS 43 Cardozo Law Review 2473 (August, 2022) C1-2Table of Contents Introduction. 2474 I. Background. 2479 A. Plenary Power and the Erosion of Federal Exclusivity Over Immigration. 2479 1. Traditional Understandings of Plenary Power. 2479 2. The Shift from Plenary Power to the Recognition of State Authority in Protecting Immigrants. 2481 B. Pardon Powers and State Sovereignty. 2483 1. Origins... 2022
Shani M. King CONTEXTUALIZING (CHILDREN'S) IMMIGRATION IN LAW, HISTORY, THEORY AND POLITICS 2022 Michigan State Law Review 187 (2022) Introduction. 188 I. Othering--A Brief Interpretation. 192 II. The Child as an Other. 194 A. Children as Others: Dependency (Nonadults) in Immigration Law. 198 B. Children as Others: Their Alienage or the Alienage of Their Parents in Family Law. 210 C. Repetition of Othering Narratives in Application of Welfare and Education Laws. 213 III. A... 2022
Shoba Sivaprasad Wadhia , Margaret Hu DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN 93 University of Colorado Law Review 325 (Winter, 2022) The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... 2022
Alvin Hoi-Chun Hung DID EXCLUSION IGNITE CHINA'S DRIVE TO COMPETE IN SPACE STATION TECHNOLOGY? AN ANALYSIS OF THE TECHNO-LEGAL IMPLICATIONS OF THE WOLF AMENDMENT (2011) 2022 University of Illinois Journal of Law, Technology and Policy 119 (Spring, 2022) China has been excluded from participation in the International Space Station (ISS) since 2011. The exclusion was codified into law by the Wolf Amendment (2011), which was passed in Congress to restrict extensively, based on financial constraints, the National Aeronautics and Space Administration (NASA) and the Office of Science and Technology... 2022
Shoba Sivaprasad Wadhia DISCRETION AND DISOBEDIENCE IN THE CHINESE EXCLUSION ERA 29 Asian American Law Journal 49 (2022) This Article examines the use of prosecutorial discretion from its first recorded use in the nineteenth century to protect Chinese subject to deportation, following to its implications in modern day immigration policy. A foundational Supreme Court case, known as Fong Yue Ting, provides a historical precedent for the protection of a category of... 2022
Anna Welch, Emily Gorrivan ETHNO-NATIONALISM AND ASYLUM LAW 74 Maine Law Review 187 (2022) Abstract Introduction I. The Ethno-Nationalist Roots of the United States Asylum System A. Pre-World War II: The Foundation a. The Chinese Exclusion Era b. National Origin Quotas and the Undesirable Aliens Act B. The Aftermath of World War II a. From 1967 to 1980, the United States Failed its Signatory Obligations b. 1980: Incorporation of the... 2022
Viridiana Ordonez LIMITING THE USE OF THE CATEGORICAL APPROACH AND SETTING A STATUTE OF LIMITATIONS FOR DEPORTATION 73 Hastings Law Journal 1791 (August, 2022) The United States relies, in part, on certain criminal convictions to determine which noncitizens are deportable. The specific types of criminal convictions subjecting an individual to deportation proceedings are found in the Immigration and Nationality Act (INA). However, the INA only lists categories and types of crimes that trigger deportation.... 2022
Eisha Jain POLICING THE POLITY 131 Yale Law Journal 1794 (April, 2022) The era of Chinese Exclusion left a legacy of race-based deportation. Yet it also had an impact that reached well beyond removal. In a seminal decision, the U.S. Supreme Court upheld a law that required people of Chinese descent living in the United States to display a certificate of residence on demand or risk arrest, detention, and possible... 2022
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