Neil Gotanda New Directions in Asian American Jurisprudence 17 Asian American Law Journal 5 (2010) 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
Deborah A. Morgan Not Gay Enough for the Government: Racial and Sexual Stereotypes in Sexual Orientation Asylum Cases 15 Law and Sexuality: A Review of Lesbian, Gay, Bisexual and Transgender Legal Issues 135 (2006) 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
Kevin R. Johnson The Antiterrorism Act, the Immigration Reform Act, and Ideological Regulation in the Immigration Laws: Important Lessons for Citizens and Noncitizens 28 Saint Mary's Law Journal 833 (1997) The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better understood through the analytical prism of crimmigration-counterterrorism: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced... 2017
Kif Augustine-Adams The Plenary Power Doctrine after September 11 38 U.C. Davis Law Review 701 (March, 2005) This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the separate but equal discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the... 2017
Robert S. Chang Whitewashing Precedent: from the Chinese Exclusion Case to Korematsu to the Muslim Travel Ban Cases 68 Case Western Reserve Law Review 1183 (Summer, 2018) When President Obama took office in 2009, Congress through appropriations linked the U.S. Department of Homeland Security's (DHS) funding to maintaining 33,400 immigration detention beds a day. This provision, what this Article refers to as the bed quota, remains in effect, except now the mandate is 34,000 beds a day. Since 2009, DHS detentions... 2017
Hiroshi Motomura Who Belongs?: Immigration Outside the Law and the Idea of Americans in Waiting 2 UC Irvine Law Review 359 (February, 2012) When U.S. Immigration and Customs Enforcement (ICE) determines that an individual held in state or local custody may be removed from the United States, it commonly issues an immigration detainer. Detainers inform local law enforcement agencies (LLEAs) of ICE's intent to assume custody and request notice before any release. Controversially, they... 2017
Rose Cuison Villazor Chae Chan Ping V. United States: Immigration as Property 68 Oklahoma Law Review 137 (Fall, 2015) Courts and scholars have long noted the constitutional exceptionalism of the federal immigration power, decried the injustice it produces, and appealed for greater constitutional protection for noncitizens. This Article builds on this robust literature while focusing on a particularly critical conceptual and doctrinal obstacle to legal reform-the... 2016
Shanshan Lan Chinese Americans in Multiracial Chicago: a Story of Overlapping Racializations 13 Asian American Law Journal 31 (November, 2006) Deportation rates of Latino/a noncitizens are higher than their presence in immigrant communities in the United States. The fact that Latino/a noncitizens experience immigration policing and deportation at higher rates than other noncitizens is due, at least in part, to federal immigration enforcement's use of alleged criminality to identify... 2016
Jenny-Brooke Condon Equal Protection Exceptionalism 69 Rutgers University Law Review 563 (Winter, 2017) I. INTRODUCTION. 215 II. THEORETICAL FRAMEWORK. 217 III. MAKE AMERICA GREAT AGAIN!. 222 IV. VOTE FOR WHITE SUPREMACY!. 229 V. SHIFTING U.S. DEMOGRAPHICS (AND RESPONSES). 232 VI. CONCLUSION. 239 VII. EPILOGUE: MAKE AMERICA SAFE AGAIN. 244 2016
David Simson Exclusion, Punishment, Racism and Our Schools: a Critical Race Theory Perspective on School Discipline 61 UCLA Law Review 506 (January, 2014) I. Introduction. 34 II. Today's Chinese Real Estate Investors. 37 III. The Maritime Silk Road and Early Chinese Arrivals in the US. 42 A. The Maritime Silk Road. 43 B. The 1849 Gold Rush. 45 IV. Violence, Anti-Chinese Legislation, and Resistance. 47 V. Building of the Transcontinental Railroad (1863-1869). 49 VI. The 1868 Burlingame Treaty. 53 VII.... 2016
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