| Author | Title | Citation | Summary | Year |
| Maria Stracqualursi |
Undocumented Immigrants Caught in the Crossfire: Resolving the Circuit Split on "The People" and the Applicable Level of Scrutiny for Second Amendment Challenges |
57 Boston College Law Review 1447 (September, 2016) |
Topics of immigration reform have created deep polarization. To some degree, these political and societal divisions regarding immigrants' place and ability to remain in the United States drove the Republican successes in the 2016 elections and carried Donald Trump to the White House. When political conservatives called for decreased migration and... |
2018 |
| Hana E. Brown , Jennifer A. Jones , Taylor Dow |
Unity in the Struggle: Immigration and the South's Emerging Civil Rights Consensus |
79 Law and Contemporary Problems 5 (2016) |
U.S. immigration law was built on a foundation of systemic white supremacy. While a brief historical analysis of immigration laws in the United States illustrates a shift from explicitly racial to race-neutral language, the effects of the originally race-restrictive provisions in immigration law continue to be felt today. This Article illustrates... |
2018 |
| 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 |
| 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 |
| 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 |
| Richard A. Kirby , Mallori D. Thompson |
A DECARCEL CADENCE: NEUROLOGIC MUSIC THERAPY AS AN ABOLITIONIST PROJECT |
53 Connecticut Law Review 681 (September, 2021) |
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 |
| James F. Smith |
A Nation That Welcomes Immigrants? An Historical Examination of United States Immigration Policy |
1 U.C. Davis Journal of International Law and Policy 227 (Spring 1995) |
Africans are one of the fastest growing immigrant groups in the United States, yet their presence receives very little attention in public discourse about immigration. In an era where America's immigration policies have grown increasingly insular, African immigrants are particularly at risk of having measures that historically facilitated their... |
2017 |
| Keith Cunningham-Parmeter |
Alien Language: Immigration Metaphors and the Jurisprudence of Otherness |
79 Fordham Law Review 1545 (March, 2011) |
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 |
| 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 |