Kevin R. Johnson Immigration and Civil Rights: Is the "New" Birmingham the Same as the "Old" Birmingham? 21 William & Mary Bill of Rights Journal 367 (December, 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,... 2012
Karla M. McKanders IMMIGRATION AND RACIAL JUSTICE: ENFORCING THE BORDERS OF BLACKNESS 37 Georgia State University Law Review 1139 (Summer, 2021) Immigration policy and regulation have been hotly contested issues in the United States since the 1800s. At the center of this historic immigration debate have been issues of federalism and core questions under the United States Constitution. Arizona v. United States, one of the Supreme Court's blockbuster decisions of the summer of 2012, has... 2012
Keith Aoki No Right to Own?: the Early Twentieth-century "Alien Land Laws" as a Prelude to Internment 19 Boston College Third World Law Journal 37 (Fall, 1998) Introduction. 194 I. The Exclusions of Plenary Powers. 200 II. Immigration Law: The Fallback Doctrinal Justification for Guantánamo Detentions. 204 A. Boumediene: Limits on Alien Status and Location as Bars to Constitutional Habeas. 205 B. The Kiyemba Triumvirate: Immigration Law and the Fallback to Detain After Habeas. 210 C. Kiyemba and... 2012
Christian Sundquist PANDEMIC POLICING 37 Georgia State University Law Review 1339 (Summer, 2021) Introduction. 228 I. The Plenary Power Doctrine and Immigration Detention. 230 A. The Origin of the Plenary Power Doctrine. 230 B. Judicial Limitations and Scholarly Criticism. 234 C. The Structure of Immigration Detention. 238 II. Why a Constitutionalized Theory. 243 A. Habeas Corpus, Noncitizens, and Nonpunitive Detention. 243 B. Due Process at... 2012
Michael Scaperlanda Partial Membership: Aliens and the Constitutional Community 81 Iowa Law Review 707 (March 1, 1996) 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.... 2012
Angela M. Banks Precarious Citizenship: Asian Immigrant Naturalization 1918 to 1925 37 Law & Inequality: A Journal of Theory and Practice 149 (Winter, 2019) It has been a quarter of a century since Peter Schuck and Rogers Smith published Citizenship Without Consent, in which they argued that the American-born children of undocumented immigrants should not be accorded citizenship without the express consent of Congress. Citizenship Without Consent has been widely credited with inspiring the contemporary... 2012
Angela M. Banks Respectability & the Quest for Citizenship 83 Brooklyn Law Review 1 (Fall, 2017) Over the past few years, state legislatures have passed immigration enforcement laws at breakneck speed. As one commentator characterized it: Immigration law is undergoing an unprecedented upheaval. The states . . . have taken immigration matters into their own hands. In response to the widespread perception that the federal government cannot or... 2012
Kevin R. Johnson Ten Guiding Principles for Truly Comprehensive Immigration Reform: a Blueprint 55 Wayne Law Review 1599 (Winter, 2009) The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend... 2012
Gabriel J. Chin The Civil Rights Revolution Comes to Immigration Law: a New Look at the Immigration and Nationality Act of 1965 75 North Carolina Law Review 273 (November, 1996) The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), designed to ensure the efficient deportation of criminal aliens, amended 8 U.S.C. § 1226(c) to require the Attorney General to detain any removable alien who has committed a crime of moral turpitude or a crime relating to a controlled substance pending the... 2012
Tanya Katerí Hernández The Construction of Race and Class Buffers in the Structure of Immigration Controls and Laws 76 Oregon Law Review 731 (Fall 1997) The intensifying convergence of U.S. criminal law and immigration law poses fundamental structural problems. This convergence--which manifests in the criminal prosecution of immigration law violators, in deportation of criminal law violators, and in a growing immigration enforcement and detention apparatus--distorts criminal law incentives and... 2012
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