| Author | Title | Citation | Summary | Year |
| Ilya Somin |
Immigration, Freedom, and the Constitution |
40 Harvard Journal of Law & Public Policy 1 (April, 2017) |
In recent years, many conservatives have come to favor a highly restrictionist approach to immigration policy. But that position is in conflict with their own professed commitment to principles such as free markets, liberty, colorblindness, and enforcing constitutional limits on the power of the federal government. These values ultimately all... |
2017 |
| Emily Ryo |
Legal Attitudes of Immigrant Detainees |
51 Law and Society Review 99 (March, 2017) |
A substantial body of research shows that people's legal attitudes can have wide-ranging behavioral consequences. In this article, I use original survey data to examine long-term immigrant detainees' legal attitudes. I find that the majority of detainees express a felt obligation to obey the law, and do so at a significantly higher rate than other... |
2017 |
| Evangeline Dech |
Nonprofit Organizations: Humanizing Immigration Detention |
53 California Western Law Review 219 (Spring, 2017) |
C1-2Table of Contents Introduction. 219 I. A History of Immigration Detention. 223 A. Ellis Island. 223 B. Immigration Regulation as a Means of Racial Discrimination. 224 C. From Mass Incarceration of Minorities to Mass Immigration Detention. 227 II. Private Prison Companies Take Over Immigration Detention Centers. 231 III. Problems with Both... |
2017 |
| Catherine Y. Kim |
Plenary Power in the Modern Administrative State |
96 North Carolina Law Review 77 (December, 2017) |
For the past quarter century, the plenary power doctrine of immigration law-- under which courts suspended ordinary standards of judicial review to defer to the political branches on questions relating to the exclusion, detention, and deportation of noncitizens--has been in decline. The conventional account attributes this development to the... |
2017 |
| Zsea Bowmani |
Queer Refuge: the Impacts of Homoantagonism and Racism in U.s. Asylum Law |
18 Georgetown Journal of Gender and the Law 1 (Spring, 2017) |
Introduction. 2 I. Institutionalized Discrimination in Immigration and Asylum Law. 4 A. Sexual and Racial Exclusions in U.S. Immigration Law. 5 1. Discrimination Against LGBTQ Immigrants. 7 2. Racial Exclusions. 11 B. U.S. and International Asylum Law: Ill-Fit for LGBTQ People. 14 1. The Quintessential Refugee is Not Queer. 15 2. The Process of... |
2017 |
| Wesley C. Brockway |
Rationing Justice: the Need for Appointed Counsel in Removal Proceedings of Unaccompanied Immigrant Children |
88 University of Colorado Law Review 179 (Winter, 2017) |
Introduction. 180 I. Problem Overview. 184 A. The Border Crisis. 186 1. Causes of the Influx of Unaccompanied Immigrant Children. 186 2. Legislative and Executive Responses to the Border Crisis. 190 B. The Due Process Disparity. 195 II. Unaccompanied Immigrant Children Have Both a Constitutional and Statutory Entitlement to Full Due Process... |
2017 |
| Angela M. Banks |
Respectability & the Quest for Citizenship |
83 Brooklyn Law Review 1 (Fall, 2017) |
Historically, immigration and citizenship law and policy in the United States has been shaped by the idea that certain immigrant populations present a threat to American society. Such ideas justified the Alien and Sedition Acts, the Chinese Exclusion Act, the enactment of new deportation grounds in 1917, and the adoption of national origin quotas... |
2017 |
| Brendan Lee |
The (New) New Colossus: Amending the Investor Visa Program to Comport with the Mandate of the United States' Immigration Policy and Benefit U.s. Workers |
30 Journal of Civil Rights & Economic Development 63 (Fall, 2017) |
Give me your hired, your entrepreneur, Your upper classes willing to pay a fee . Taken as a whole, the United States' relationship with immigration has been a paradox. On one hand, the United States has been a melting pot--the place where peoples from across the globe have converged to form our unique cultural heritage. Indeed, our nation owes... |
2017 |
| Geoffrey Heeren |
The Immigrant Right to Work |
31 Georgetown Immigration Law Journal 243 (Winter, 2017) |
Federal and state policies that make immigrant work putatively illegal are in tension with a constitutional right to work that is deeply rooted in United States history and jurisprudence. The Department of Homeland Security (DHS) regulates immigrant work through a system of employment authorization and sanctions on employers who hire unauthorized... |
2017 |
| Herbert Hovenkamp |
The Progressives: Racism and Public Law |
59 Arizona Law Review 947 (2017) |
American Progressivism initiated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds.... |
2017 |