| Author | Title | Citation | Summary | Year |
| 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.... |
2023 |
| 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... |
2023 |
| 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,... |
2023 |
| 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... |
2023 |
| Ingrid V. Eagly |
THE RACISM OF IMMIGRATION CRIME PROSECUTION |
109 Iowa Law Review Online 27 (2023) |
ABSTRACT: Eric Fish's Article, Race, History, and Immigration Crimes, explores the racist motivation behind the original 1929 enactment of the two most common federal immigration crimes, entry without permission and reentry after deportation. This Response engages with Fish's archival work unearthing this unsettling history and examines how his... |
2023 |
| Joan Fitzpatrick , William Mckay Bennett |
A Lion in the Path? The Influence of International Law on the Immigration Policy of the United States |
70 Washington Law Review 589 (July, 1995) |
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 |
| Nancy Chung Allred |
Asian Americans and Affirmative Action: from Yellow Peril to Model Minority and Back Again |
14 Asian American Law Journal 57 (May, 2007) |
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 |
| Joe A. Tucker |
Assimilation to the United States: a Study of the Adjustment of Status and the Immigration Marriage Fraud Statutes |
7 Yale Law and Policy Review 20 (1989) |
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 |
| Mohar Ray |
Can I See Your Papers? Local Police Enforcement of Federal Immigration Law Post 9/11 and Asian American Permanent Foreignness |
11 Washington and Lee Race and Ethnic Ancestry Law Journal 197 (Winter, 2005) |
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 |
| Maritza I. Reyes |
Constitutionalizing Immigration Law: the Vital Role of Judicial Discretion in the Removal of Lawful Permanent Residents |
84 Temple Law Review 637 (Spring 2012) |
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 |