Hiroshi Motomura Whose Alien Nation?: Two Models of Constitutional Immigration Law 94 Michigan Law Review 1927 (May, 1996) While Presidents have broad powers over immigration, they have traditionally shown restraint when it comes to influencing the adjudication of individual cases. The Trump Administration, however, has pushed past such conventional constraints. This Article examines executive overreaching in immigration adjudication by analyzing three types of... 2019
Natsu Taylor Saito Asserting Plenary Power over the "Other": Indians, Immigrants, Colonial Subjects, and Why U.s. Jurisprudence Needs to Incorporate International Law 20 Yale Law and Policy Review 427 (2002) C1-2Table of Contents I. What is United States Citizenship?. 579 A. The Problem. 586 II. Naturalized U.S. Citizenship in Historical Perspective. 589 A. The Constitution and Naturalization. 593 B. Mounting Opposition to Immigration. 597 III. The Impact of Discrimination on Citizenship. 605 A. Discrimination Against Blacks and other Racial... 2018
Lenni B. Benson Back to the Future: Congress Attacks the Right to Judicial Review of Immigration Proceedings 29 Connecticut Law Review 1411 (Summer, 1997) C1-2Table of Contents Introduction. 2619 I. Chae Chan PING and International Order. 2625 A. Pre-Chae Chan Ping Era. 2626 B. The Birth of the Plenary Power Doctrine: Chae Chan Ping v. United States. 2629 C. Erosion of State Sovereignty: The Individual International Rights Revolution. 2632 II. Customary International Law's Prohibition on Racial... 2018
Gabriel J. Chin Citizenship and Exclusion: Wyoming's Anti-japanese Alien Land Law in Context 1 Wyoming Law Review 497 (2001) Donald Trump ascended to the presidency largely on the promise to protect the American people--their physical and financial security, their culture and language, even the integrity of their electoral system--against an invading foreign menace. Only extraordinary defensive measures, including extreme vetting of would-be immigrants, a ban on... 2018
Sheldon Novick Citizenship Is Not the Only Goal: Reform Should Bring an End to Mass Deportations 27 Georgetown Immigration Law Journal 485 (Spring, 2013) Donald Trump, first as a candidate and now as a president, has unleashed a relentless and ruthless campaign against immigrants and immigration. From rhetoric that calls migrants rapists and criminals, to executive orders that stop Muslims from entering our country, and to policies that speed up deportation, increase detention, downgrade due... 2018
Michael J. Wishnie Immigrants and the Right to Petition 78 New York University Law Review 667 (May 1, 2003) Immigration has become a hot topic of national discourse in recent years. There have been calls on both sides of the aisle for immigration reform policies. As such, this highly publicized political discussion has evoked emotions, opinions, and actions from politicians and constituents alike. President Donald Trump has made his intention to deport... 2018
Shalini Bhargava Ray Plenary Power and Animus in Immigration Law 80 Ohio State Law Journal 13 (2019) Introduction. 5 I. The Chinese Question. 7 II. John Boalt's Major Premise. 8 III. Unconquerable Repulsion and Boalt's Minor Premise. 9 IV. Boalt's Proposal: Plebiscite on the Chinese Question. 11 V. Boalt's Success. 12 VI. Boalt's Proposal and the Constitutional Convention of 1878-79. 14 VII. Boalt's Measure Passes in a Landslide. 16 VIII. The... 2018
Michael Kagan Plenary Power Is Dead! Long Live Plenary Power! 114 Michigan Law Review First Impressions 21 (September, 2015) Introduction. 654 I. The Evolution and Impact of the Plenary Power Doctrine. 659 II. The Commerce Clause as a Source of the Immigration Power. 671 A. The Lost Source: The Foreign Commerce Clause. 671 B. A New Source: The Interstate Commerce Clause. 681 The Modern Jurisprudence of the Interstate Commerce Clause. 681 III. The Argument for Rooting the... 2018
Julian Lim Reconceptualizing Asian Pacific American Identity at the Margins 3 UC Irvine Law Review 1151 (December, 2013) 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
John Hayakawa Torok Reconstruction and Racial Nativism: Chinese Immigrants and the Debates on the Thirteenth, Fourteenth, and Fifteenth Amendments and Civil Rights Laws 3 Asian Law Journal 55 (May, 1996) On Friday January 27, 2017, Donald Trump executed the infamous executive order: banning immigration and even visitors from seven countries. The order affected those with travelers' visas headed to the United States as well as permanent United States residents from seven banned countries attempting to re-enter the United States. By Saturday morning,... 2018
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