Felice Batlan Déjà Vu and the Gendered Origins of the Practice of Immigration Law: the Immigrants' Protective League, 1907-40 36 Law and History Review 713 (November, 2018) For the past century, the Supreme Court has skeptically scrutinized Congress's power to enact healthcare laws and other domestic legislation, insisting that nothing in the Constitution gives Congress a general power to regulate an individual from cradle to grave. Yet when Congress regulates immigrants, the Court has contradictorily assumed that... 2022
Bill Ong Hing No Place for Angels: in Reaction to Kevin Johnson 2000 University of Illinois Law Review 559 (2000) Introduction. 188 I. Othering--A Brief Interpretation. 192 II. The Child as an Other. 194 A. Children as Others: Dependency (Nonadults) in Immigration Law. 198 B. Children as Others: Their Alienage or the Alienage of Their Parents in Family Law. 210 C. Repetition of Othering Narratives in Application of Welfare and Education Laws. 213 III. A... 2022
Chloe Meade The Border Search Exception in the Modern Era: an Exploration of Tensions Between Congress, the Supreme Court, and the Circuits 26 Boston University Journal of Science and Technology Law 189 (Winter, 2020) The era of Chinese Exclusion left a legacy of race-based deportation. Yet it also had an impact that reached well beyond removal. In a seminal decision, the U.S. Supreme Court upheld a law that required people of Chinese descent living in the United States to display a certificate of residence on demand or risk arrest, detention, and possible... 2022
Lucas Guttentag 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) The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... 2022
Zainab Ramahi The Muslim Ban Cases: a Lost Opportunity for the Court and a Lesson for the Future 108 California Law Review 557 (April, 2020) The United States relies, in part, on certain criminal convictions to determine which noncitizens are deportable. The specific types of criminal convictions subjecting an individual to deportation proceedings are found in the Immigration and Nationality Act (INA). However, the INA only lists categories and types of crimes that trigger deportation.... 2022
Gabriel J. Chin The Plessy Myth: Justice Harlan and the Chinese Cases 82 Iowa Law Review 151 (October, 1996) This Article examines the use of prosecutorial discretion from its first recorded use in the nineteenth century to protect Chinese subject to deportation, following to its implications in modern day immigration policy. A foundational Supreme Court case, known as Fong Yue Ting, provides a historical precedent for the protection of a category of... 2022
Mila Sohoni The Trump Administration and the Law of the Lochner Era 107 Georgetown Law Journal 1323 (May, 2019) This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S.... 2022
Sophie Kosmacher WHEN DOES QUESTIONING RELATED TO IMMIGRATION STATUS CONSTITUTE A MIRANDA INTERROGATION? 69 UCLA Law Review Discourse 80 (2021) When Asian immigrants first reached American shores in substantial numbers during the late 1800s, they were faced with a country that barely recognized Black citizens and a system that continually reinforced a Black--White binary. If Asian Americans wanted to attempt to obtain protections for themselves, they could not do so by asserting that those... 2022
Julian Wonjung Park A More Meaningful Citizenship Test? Unmasking the Construction of a Universalist, Principle-based Citizenship Ideology 96 California Law Review 999 (August, 2008) ABSTRACT: National restrictions on trade and immigration are the most salient illustrations of the current protectionist moment, but cities have played their part too, taxing foreign investors in local real estate and imposing second or vacant home taxes that indirectly burden foreign investment. We call these taxes protectionist property taxes.... 2021
Ian F. Haney López A Nation of Minorities: Race, Ethnicity, and Reactionary Colorblindness 59 Stanford Law Review 985 (February, 2007) Abstract--From at least as far back as the anti-Chinese laws of the 1800s, immigration has been a place of heated racial contestation in the United States. Although modern immigration laws no longer expressly mention race, their enforcement unmistakably impacts people of color from the developing world. Specifically, the laws, as enacted and... 2021
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