|Glenys P. Spence
||Colonial Relics: Unearthing the Lingering Tyranny of Colonial Discourse in U.s.-caribbean Immigration Law and Policy
||26 Journal of Civil Rights & Economic Development 127 (Fall 2011)
||Immigration law is constantly evolving. It is one of the most dynamic and multi-faceted areas of law. Specifically, in the space of asylum and refugee law, practitioners, immigration judges and our appellate courts face a daunting task of reconciling the law with the plethora of human misery that flock to our shores. The laws are plagued with...
||Establishing Identity: Documents, Performance, and Biometric Information in Immigration Proceedings
||36 Law and Social Inquiry 760 (Summer, 2011)
||This article explores the politics of identification in immigration proceedings by examining the struggles over family-based immigration in South Korea in the context of ethnic Korean return migration from China. It focuses on micropolitical struggles in bureaucratic settings, analyzing how migrants and immigration bureaucrats struggle to...
||Give Me Your Tired, Your Poor, Your Legal: Why Efforts to Repeal Birthright Citizenship Are Unconstitutional and Un-american
||21 Temple Political & Civil Rights Law Review 215 (Fall 2011)
||In April 2010, Arizona signed into law the toughest immigration enforcement legislation in the nation, recharging the national debate over illegal immigration and pushing it to the forefront of American politics. Though the most controversial provisions of the Arizona law, Senate Bill 1070 (SB1070), were enjoined by the federal government, Arizona...
|Fatma E. Marouf
||Implicit Bias and Immigration Courts
||45 New England Law Review 417 (Spring 2011)
||This Article highlights the importance of implicit bias in immigration adjudication. After tracing the evolution of prejudice in our immigration laws from explicit old-fashioned prejudice to more subtle forms of modern and aversive prejudice, the Article argues that the specific conditions under which immigration judges decide cases render...
||Preemptive Strike: the Battle for Control over Immigration Policy
||25 Georgetown Immigration Law Journal 551 (Spring, 2011)
||From its inception, the United States has had a difficult and dichotomous relationship with immigration. Today, parties on all sides of the immigration debate battle one another to a stalemate during every election cycle. The resulting perpetual inaction of the federal government has led numerous state governments to enact legislation intended to...
|Michael A. Olivas
||The Political Efficacy of Plyler V. Doe: the Danger and the Discourse
||45 U.C. Davis Law Review 1 (November, 2011)
||Stinky is one ugly robot, a raggedy contraption constructed of crudely painted, cheap plastic pipes pasted together with gobs of the foul-smelling glue that gave the monstrosity its name. Stinky's creators didn't look all that impressive, either--four teenage guys in baggy pants and sneakers, all of them illegal Mexican immigrants attending Carl...
|Susan Bibler Coutin
||The Rights of Noncitizens in the United States
||7 Annual Review of Law and Social Science 289 (2011)
||immigration, legalization, detention, deportation, criminalization, securitization Over the past three decades, sociolegal scholarship on the rights of noncitizens in the United States has sought to explain rights and exclusions while incorporating new theory regarding racialization, biopolitics, neoliberalism, risk, and states of exception. Early...
||The Yellow Pacific: Transnational Identities, Diasporic Racialization, and Myth(s) of the "Asian Century"
||44 U.C. Davis Law Review 897 (February, 2011)
||Introduction. 899 I. The Twenty-First Century as the Asian Century: Is There a There There?. 902 II. Fear of a Yellow Planet: Was the Twentieth Century the Asian Century?. 907 A. Prelude to the Asian Century: Harsh Nineteenth and Early- to Mid-Twentieth Century Immigration Policies Towards Asian Immigrants. 912 B. The Gentleman's Agreement of...
|Karla Mari McKanders
||Unforgiving of Those Who Trespass Against U.s.: State Laws Criminalizing Immigration Status
||12 Loyola Journal of Public Interest Law 331 (Spring 2011)
||Since around 2005, states and localities have been using criminal trespass laws to target undocumented immigrants for unlawful presence. In New Hampshire, California, and Florida, local police officers have used state criminal trespass laws to prosecute undocumented immigrants. For example, the New Hampshire criminal trespass laws provide that a...
|Ming H. Chen
||Alienated: a Reworking of the Racialization Thesis after September 11
||18 American University Journal of Gender, Social Policy and the Law 411 (2010)
||I. Introduction. 412 II. Racialization Thesis: Post-September 11 Responses to Arabs, Muslims, and South Asians. 414 A. Processes of Racial Formation. 415 B. Orientalism and the Perpetual Foreigner Motif. 417 III. Alienation: A Reworking of the Racialization Thesis. 420 A. Definition of Alienation. 420 B. Specific Instances of Alienation after...