Dan Ordorica Presidential Power and American Fear: a History of Ina § 212(f) 99 Boston University Law Review 1839 (September, 2019) 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... 2013
Natsu Taylor Saito The Enduring Effect of the Chinese Exclusion Cases: the "Plenary Power" Justification for On-going Abuses of Human Rights 10 Asian Law Journal 13 (May, 2003) The nation is mired in immigration reform debates again. Leaders vow that this time will be different. The two groups most targeted by immigration control law over the last century, Hispanics and Asians, have increased in numbers and in political power. Conservative leaders are realizing that hostile policies toward people perceived as foreign are... 2013
Adam Francoeur The Enemy Within: Constructions of U.s. Immigration Law and Policy and the Homoterrorist Threat 3 Stanford Journal of Civil Rights & Civil Liberties 345 (August, 2007) The ongoing mass deportation of undocumented aliens has caused a human rights crisis in the United States. The deportation program rests on federal statutes that require removal from the United States of millions of immigrants through procedures that deny them due process and the equal protection of the laws. It is justified by a supposed... 2013
Nikolas Bowie , Norah Rast THE IMAGINARY IMMIGRATION CLAUSE 120 Michigan Law Review 1419 (May, 2022) The story of the United States has been one of welcoming foreigners. It has also been a story of excluding foreigners. Some prospective immigrants have been deemed worthy of admission into the country, while others have been turned back. Some entered without asking the government's permission and were deported after coming to the federal... 2013
Allen Slater , Richard Delgado THE LEAST OF THESE: THE CASE FOR NATIONWIDE INJUNCTIONS IN IMMIGRATION CASES AS A CRITICAL DEMOCRATIC INSTITUTION 25 U.C. Davis Social Justice Law Review 100 (Summer, 2021) The theme of the Symposium at which this Article was presented was Immigration Law and Institutional Design. Our mission, as Symposium participants, was to assess the efficacy of the institutions that adopt and enforce our immigration laws. But before we can possibly make an efficacy assessment, we must address a normative question, namely, just... 2013
Janel Thamkul The Plenary Power-shaped Hole in the Core Constitutional Law Curriculum: Exclusion, Unequal Protection, and American National Identity 96 California Law Review 553 (April, 2008) This Article examines a profound shift in the concept of race. Although race is widely viewed as socially constructed through continuous struggles over meaning, its content has remained remarkably stable over time. Race, since the nation's founding, has been defined mainly by three social conditions: difference, denigration, and exclusion. Among... 2013
Ciara Torres-Spelliscy THE POLITICAL BRANDING OF US AND THEM: THE BRANDING OF ASIAN IMMIGRANTS IN THE DEMOCRATIC AND REPUBLICAN PARTY PLATFORMS AND SUPREME COURT OPINIONS 1876-1924 96 New York University Law Review 1214 (October, 2021) 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... 2013
Susan Bibler Coutin The Rights of Noncitizens in the United States 7 Annual Review of Law and Social Science 289 (2011) This article investigates how lawyers manage legal and bureaucratic uncertainties associated with humanitarian immigration law by examining their representation of undocumented crime victims petitioning for U Visa status. Immigration attorneys craft dual narratives to persuade adjudicators that their clients qualify for and deserve this new legal... 2013
Mae M. Ngai The Strange Career of the Illegal Alien: Immigration Restriction and Deportation Policy in the United States, 1921-1965 21 Law and History Review 69 (Spring, 2003) 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... 2013
  § 6:6. National origin Government Discrimination: Equal Protection Law and Litigation 6:6 (2022) 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... 2012
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