|Rachel E. Rosenbloom
||The Citizenship Line: Rethinking Immigration Exceptionalism
||54 Boston College Law Review 1965 (November, 2013)
||It is not possible to police the movement of aliens without first determining who is and is not a citizen. Yet little scholarly attention has been devoted to the nature of citizenship determinations or their implication for our understanding of immigration enforcement as a whole. Thousands of U.S. citizens are caught up in immigration...
||The Forgotten Equality Norm in Immigration Preemption: Discrimination, Harassment, and the Civil Rights Act of 1870
||8 Duke Journal of Constitutional Law & Public Policy 1 (2013)
||This Article explores the importance of the Civil Rights Act of 1870 to the current debate over immigration federalism and the preemption of state and local immigration laws under the Supremacy Clause. The 1870 Act, enacted by the Reconstruction Congress after the Civil War, prohibits discrimination on the basis of alienage. The Article shows...
|Gabriel J. Chin , Cindy Hwang Chiang , Shirley S. Park
||The Lost Brown V. Board of Education of Immigration Law
||91 North Carolina Law Review 1657 (June, 2013)
||This Article proposes that in 1957, the Supreme Court came close to applying Brown v. Board of Education to immigration law. In Brown, the Supreme Court held that school segregation was unconstitutional. Ultimately, Brown came to be understood as prohibiting almost all racial classifications. Meanwhile, in a line of cases exemplified by Chae Chan...
|Patrick W. Thomas
||The Recurring Native Response to Global Labor Migration
||20 Indiana Journal of Global Legal Studies 1393 (2013)
||For the past few decades, and increasingly in the past few years, U.S. state governments have supplemented federal immigration law with state laws overtly designed to combat the perceived ills stemming from undocumented immigration to the United States. Proponents of these laws justify them on the basis of a normative negativity associated with...
|Kevin R. Johnson
||A Case Study of Color-blindness: the Racially Disparate Impacts of Arizona's S.b. 1070 and the Failure of Comprehensive Immigration Reform
||2 UC Irvine Law Review 313 (February, 2012)
||Introduction. 314 I. The Tumultuous Immigration Debate of the Twenty-First Century. 317 A. Meltdown in the Desert: Arizona's S.B. 1070. 320 1. S.B. 1070: One State's Effort to Bolster Immigration Enforcement. 326 2. One Color-Blind Defense: S.B. 1070 Bans Racial Profiling. 331 3. Another Color-Blind Defense: S.B. 1070 Simply Mirrors Federal Law....
|Mary Therese O'Sullivan
||A Paradox in Employment: the Contradiction That Exists Between Immigration Laws and Outsourcing Practices, and its Impact on the Legal and Illegal Minority Working Classes
||6 DePaul Journal for Social Justice 111 (Fall, 2012)
||The United States has a tradition of restrictive immigration laws designed to protect American jobs. It is time consuming, expensive, and difficult for non-citizens to gain an immigrant employment visa. Prior to being considered for an employment visa, skilled and non-skilled workers, the vast majority of the workforce, are put on a waiting list...
|David T. Ritchie
||Assessing the Moral Status of State Immigration Actions
||5 John Marshall Law Journal 549 (Spring 2012)
||A growing number of states in the United States, including Georgia, have stepped into the area of immigration policy. While various rationales are given for this move, one must wonder what is really behind the drive to have states legislate in an area that has traditionally been reserved for the federal government. This Article explores the effect...
|Maritza I. Reyes
||Constitutionalizing Immigration Law: the Vital Role of Judicial Discretion in the Removal of Lawful Permanent Residents
||84 Temple Law Review 637 (Spring 2012)
||For decades, scholars and advocates criticized the harsh, mandatory nature of the Federal Sentencing Guidelines. They argued that federal district court judges should have discretion to authorize a punishment that fits the facts and circumstances of the crime and the defendant. Similarly, immigration scholars and advocates criticize the harsh laws...
|César Cuauhtémoc García Hernández
||Criminal Defense after Padilla V. Kentucky
||26 Georgetown Immigration Law Journal 475 (Spring, 2012)
||The Supreme Court's decision in Padilla v. Kentucky involves criminal defense attorneys in immigration law as never before. Long the mediators between defendants and the state's penal authority, these attorneys must now advise their noncitizen clients about the potential immigration pitfalls of a conviction. Just what advice is required,...
|Adam B. Cox , Eric A. Posner
||Delegation in Immigration Law
||79 University of Chicago Law Review 1285 (Fall 2012)
||Immigration law both screens migrants and regulates the behavior of migrants after they have arrived. Both activities are information intensive because the migrant's type and the migrant's post-arrival activity are often forms of private information that are not immediately accessible to government agents. To overcome this information problem,...