| Author | Title | Citation | Summary | Year |
| Linus Chan |
Unjust Deserts: How the Modern Immigration System Lacks Moral Credibility |
16 Ohio State Journal of Criminal Law 103 (Fall, 2018) |
On February 26, 2018, the mayor of Oakland decided to give a warning to residents of the North Bay of an impending action by Immigration and Customs Enforcement to find and arrest non-citizens for removal from the United States. Her office posted a statement on Twitter which among other things said, My priority is for the well-being and safety of... |
2018 |
| Robert S. Chang |
Whitewashing Precedent: from the Chinese Exclusion Case to Korematsu to the Muslim Travel Ban Cases |
68 Case Western Reserve Law Review 1183 (Summer, 2018) |
The travel ban cases test the extent of the President's authority to promulgate orders regarding the issuance of visas and the entry of refugees. Specifically at issue is whether the President's actions are even reviewable by the courts, as well as whether the President exceeded his statutory authority or acted in violation of the Establishment... |
2018 |
| Gilbert Paul Carrasco , Iryna Zaverukha |
*Mercy Versus Fear, or Where the Law on Migration Stands |
40 Seattle University Law Review 1283 (Summer, 2017) |
I was a stranger and you welcomed me, I was naked and you clothed me. (Mt 25:35-36). C1-2Contents Introduction 1284 I. The Evolution of Federal Law from Fear to Mercy and Its Regression to Fear 1287 A. The Historical Fear of the Other in American Immigration Law 1287 B. The Zenith of Mercy in American Immigration Law 1291 C. The Downward Spiral... |
2017 |
| Bolatito Kolawole |
African Immigrants, Intersectionality, and the Increasing Need for Visibility in the Current Immigration Debate |
7 Columbia Journal of Race and Law 373 (2017) |
Africans are one of the fastest growing immigrant groups in the United States, yet their presence receives very little attention in public discourse about immigration. In an era where America's immigration policies have grown increasingly insular, African immigrants are particularly at risk of having measures that historically facilitated their... |
2017 |
| Margaret Hu |
Algorithmic Jim Crow |
86 Fordham Law Review 633 (November, 2017) |
This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the separate but equal discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the... |
2017 |
| Anita Sinha |
Arbitrary Detention? The Immigration Detention Bed Quota |
12 Duke Journal of Constitutional Law & Public Policy 77 (Spring, 2017) |
When President Obama took office in 2009, Congress through appropriations linked the U.S. Department of Homeland Security's (DHS) funding to maintaining 33,400 immigration detention beds a day. This provision, what this Article refers to as the bed quota, remains in effect, except now the mandate is 34,000 beds a day. Since 2009, DHS detentions... |
2017 |
| Margaret Hu |
Crimmigration-counterterrorism |
2017 Wisconsin Law Review 955 (2017) |
The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better understood through the analytical prism of crimmigration-counterterrorism: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced... |
2017 |
| Jenny-Brooke Condon |
Equal Protection Exceptionalism |
69 Rutgers University Law Review 563 (Winter, 2017) |
Equal protection doctrine addressed to immigrants' rights is thoroughly exceptional. It is an amalgam of super-deference, suspect class treatment, and even intermediate scrutiny, depending upon whether immigrants are present in the United States lawfully or not, and whether a state or federal classification is at issue. No other area of equal... |
2017 |
| Kevin R. Johnson |
Immigration and Civil Rights in the Trump Administration: Law and Policy Making by Executive Order |
57 Santa Clara Law Review 611 (2017) |
C1-2Table of Contents Introduction. 612 I. The Obama Administration on Immigration. 616 A. Enforcement: Record Crime-Based Removals. 616 B. Relief for the Undocumented: DACA and DAPA. 625 C. Failed Immigration Reform. 626 II. President Trump: Aggressive Immigration Enforcement by Executive Order. 628 A. The Travel Ban and the Redos. 630 B. The... |
2017 |
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Immigration Law--local Enforcement--massachusetts Supreme Judicial Court Holds That Local Law Enforcement Lacks Authority to Detain Pursuant to Ice Detainers.--lunn V. Commonwealth, 78 N.e.3d 1143 (Mass. 2017) |
131 Harvard Law Review 666 (December, 2017) |
When U.S. Immigration and Customs Enforcement (ICE) determines that an individual held in state or local custody may be removed from the United States, it commonly issues an immigration detainer. Detainers inform local law enforcement agencies (LLEAs) of ICE's intent to assume custody and request notice before any release. Controversially, they... |
2017 |