David T. Ritchie Assessing the Moral Status of State Immigration Actions 5 John Marshall Law Journal 549 (Spring 2012) 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
Walter I. Gonçalves, Jr. Banished and Overcriminalized: Critical Race Perspectives of Illegal Entry and Drug Courier Prosecutions 10 Columbia Journal of Race and Law 1 (2020) C1-2Table of Contents Introduction. 612 I. The Obama Administration on Immigration. 616 A. Enforcement: Record Crime-Based Removals. 616 B. Relief for the Undocumented: DACA and DAPA. 625 C. Failed Immigration Reform. 626 II. President Trump: Aggressive Immigration Enforcement by Executive Order. 628 A. The Travel Ban and the Redos. 630 B. The... 2017
Susan K. Serrano Collective Memory and the Persistence of Injustice: from Hawai'i's Plantations to Congress--puerto Ricans' Claims to Membership in the Polity 20 Southern California Review of Law & Social Justice 353 (Summer 2011) Donald Trump's presidential victory in November has prompted much public commentary about American political dynamics and about the future of American democracy. Given these inquiries, this paper is timely in aiming to reexamine, through a comparative-historical lens, one of the most prominent parts of Trump's campaign and one of the biggest points... 2017
Gabriel J. Chin , Daniel K. Tu Comprehensive Immigration Reform in the Jim Crow Era: Chinese Exclusion and the Mccreary Act of 1893 23 Asian American Law Journal 39 (2016) Equal protection doctrine addressed to immigrants' rights is thoroughly exceptional. It is an amalgam of super-deference, suspect class treatment, and even intermediate scrutiny, depending upon whether immigrants are present in the United States lawfully or not, and whether a state or federal classification is at issue. No other area of equal... 2017
Shani M. King CONTEXTUALIZING (CHILDREN'S) IMMIGRATION IN LAW, HISTORY, THEORY AND POLITICS 2022 Michigan State Law Review 187 (2022) 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
David Manuel Hernández, UCLA Deportation Nation: Outsiders in American History. By Daniel Kanstroom. Cambridge, Ma: Harvard University Press, 2007. Pp. 352. $47.50 Cloth 44 Law and Society Review 202 (March, 2010) 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
  Developments in the Law Immigration and Nationality 66 Harvard Law Review 643 (February, 1953) 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
Matthew J. Lindsay Disaggregating "Immigration Law" 68 Florida Law Review 179 (January, 2016) 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
Jayesh M. Rathod Distilling Americans: the Legacy of Prohibition on U.s. Immigration Law 51 Houston Law Review 781 (Winter, 2014) I was a stranger and you welcomed me, I was naked and you clothed me. (Mt 25:35-36). C1-2Contents Introduction 1284 I. The Evolution of Federal Law from Fear to Mercy and Its Regression to Fear 1287 A. The Historical Fear of the Other in American Immigration Law 1287 B. The Zenith of Mercy in American Immigration Law 1291 C. The Downward Spiral... 2017
Sherally Munshi Immigration, Imperialism, and the Legacies of Indian Exclusion 28 Yale Journal of Law & the Humanities 51 (Winter, 2016) 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
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