AuthorTitleCitationSummaryYear
Anthony J. DeMattee , Matthew J. Lindsay , Hallie Ludsin AN UNREASONABLE PRESUMPTION: THE NATIONAL SECURITY/FOREIGN AFFAIRS NEXUS IN IMMIGRATION LAW 88 Brooklyn Law Review 747 (Spring, 2023) For well over a century, immigration governance has occupied a constitutionally unique niche within American public law, where it is subject to substantially weaker constitutional constraints than apply in virtually every other context. When the federal government banishes a noncitizen from the country or detains her for months or years at a time,... 2024
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... 2024
Judy Tzu-Chun Wu , Ji Li CHINESE IMMIGRANT LEGAL MOBILIZATION IN THE UNITED STATES: THE 2020 EXECUTIVE BAN ON WECHAT AND CIVIL RIGHTS IN A DIGITAL AGE 30 Asian American Law Journal 51 (2023) On August 6, 2020, then U.S. President Donald Trump issued an executive order banning WeChat, the most popular social messaging app in China and the fifth most popular in the world. The President evoked national security as the justification for the ban. In the context of the COVID-19 pandemic and rising U.S.-China tensions, the public perceived... 2024
Evelyn Marcelina Rangel-Medina CITIZENISM: RACIALIZED DISCRIMINATION BY DESIGN 104 Boston University Law Review 831 (April, 2024) This Article advances the conceptual framework of citizenism to describe how citizenship is mobilized and weaponized to sustain structural racism. Citizenism transcends formal citizenship status because the construction of whiteness underwrites it as the only presumptively legitimate racial category for citizenship. A focus on citizenism provides... 2024
Taylor Smith COVID-19: A XENOPHOBIC PANDEMIC--A GUIDE TO DECREASE THE NUMBER OF HATE CRIMES DIRECTED TOWARDS ASIAN AMERICANS AND PACIFIC ISLANDERS 25 Loyola Journal of Public Interest Law 107 (Spring, 2024) Once an unprecedented pandemic, COVID-19, was characterized as the Chinese Virus and the Kung Flu by former President Trump, centuries-old xenophobic attitudes and racial injustices towards Asian Americans and Pacific Islanders (AAPIs) were reignited with a dramatic increase in hate incidents and crimes. However, unlike COVID-19, there is... 2024
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... 2024
Leo Yu FROM CRIMINALIZING CHINA TO CRIMINALIZING THE CHINESE 55 Columbia Human Rights Law Review 45 (Fall, 2023) Many scholars have studied the racialization of Asian Americans and found that perpetual foreignness stands at the core of their ascriptive identity. This identity was formed in the 19th century and is also closely related to the dominant society's racial understanding of the Chinese'--which refers, for the purposes of this Article, to people of... 2024
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... 2024
Andy Z. Lei FROM RAILROADS TO REAL ESTATE: THE LEGACY OF EXCLUSION REVIVED IN NEW ALIEN LAND LAWS 26 Asian-Pacific Law and Policy Journal 102 (Fall, 2024) I. Introduction. 103 II. Roots of Restriction. 106 A. The Chinese Exclusion Acts. 107 B. Alien Land Laws. 112 C. National Security Through the Echoes of Korematsu v. United States. 117 III. From Past to Present: Analyzing Modern Legislation. 122 A. New Alien Land Laws. 123 B. Shen v. Simpson. 128 IV. Judicial Scrutiny in Evaluating National... 2024
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... 2024
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18