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
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