| Author | Title | Citation | Summary | Year |
| 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... |
2024 |
| 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... |
2024 |
| Ana M. Rodriguez |
MOTHER OF EXILES: HOSPITALITY & COMPREHENSIVE IMMIGRATION REFORM |
43 Journal of the National Association of Administrative Law Judiciary 232 (Spring, 2023) |
C1-2Table of Contents Introduction. 234 I. COVID-19 and Title 42's End of Asylum. 236 A. Title 42: The Trump Administration. 239 B. Title 42: The Biden Administration. 242 II. Xenophobia Cloaked in Morality, Health, and Safety. 245 A. Historic Immigration Policy Against Non-White Immigrants. 245 1. Legislation Against Chinese Immigrants. 248 2.... |
2024 |
| Ahilan T. Arulanantham |
REVERSING RACIST PRECEDENT |
112 Georgetown Law Journal 439 (March, 2024) |
The Supreme Court has long read the Constitution to prohibit state action motivated by racial animus. Courts have applied that prohibition to various forms of governmental decisionmaking, from the individual decisions of judicial officers to constitutional amendments enacted by states. Yet courts have not applied it to their own precedent. No... |
2024 |
| Rosa S. Felibert |
SHOPPING ON THIN ICE: VENUE LIMITS ON ICE DETENTION TRANSFERS TO PREVENT FORUM SHOPPING |
65 Boston College Law Review 1099 (March, 2024) |
Abstract: U.S. Immigration and Customs Enforcement (ICE), the federal agency that manages the world's largest civil immigration detention system, transfers hundreds of detained noncitizens to different detention centers every day at its sole discretion and for any reason, typically without advising the noncitizen's counsel or family. This unchecked... |
2024 |
| 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... |
2024 |
| Ilya Somin |
THE CASE FOR EXPANDING THE ANTICANON OF CONSTITUTIONAL LAW |
2023 Wisconsin Law Review 575 (2023) |
The anticanon of constitutional law is an underappreciated constraint on judicial discretion. Some past decisions are so reviled that no judge can issue analogous rulings today, without suffering massive damage to their reputation. This Essay argues for expanding the anti-canon and proposes three worthy new candidates: The Chinese Exclusion Case,... |
2024 |
| Adam B. Cox |
THE INVENTION OF IMMIGRATION EXCEPTIONALISM |
134 Yale Law Journal 329 (November, 2024) |
American immigration law is a domain where ordinary constitutional rules have never applied. At least, that is the conventional wisdom. Immigration law's exceptionalism is widely believed to flow directly from the Supreme Court's invention, in the late nineteenth century, of the so-called plenary power doctrine. On the standard account, that... |
2024 |
| 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... |
2024 |
| Kevin R. Johnson |
THE MEANING AND SIGNIFICANCE OF CRITICAL IMMIGRATION LEGAL THEORY |
104 Boston University Law Review 1573 (October, 2024) |
Critical Immigration Legal Theory by Kathleen Kim, Kevin Lapp, and Jennifer J. Lee identifies Critical Immigration Legal Theory (CILT) as a distinct body of immigration scholarship bringing critical legal analysis to bear on U.S. immigration law and policy. CILT analyzes how immigration law and policy function to subordinate noncitizens of color,... |
2024 |