Ingrid Eagly, Steven Shafer The Institutional Hearing Program: a Study of Prison-based Immigration Courts in the United States 54 Law and Society Review 788 (December, 2020) 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,... 2012
Robert T. Senh The Liberty Rights of Resident Aliens: You Can't Always Get What You Want, but If You Try Sometimes, You Might Find, You Get What You Need 11 Oregon Review of International Law 137 (2009) 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... 2012
Kiyoko Kamio Knapp The Rhetoric of Exclusion: the Art of Drawing a Line Between Aliens and Citizens 10 Georgetown Immigration Law Journal 401 (Spring, 1996) This Article gives the first account of the moral turpitude standard, tracing its trajectory from the early American law of defamation to evidence law, where it has been used for witness impeachment, and then to legal areas as diverse as voting rights, juror disqualification, professional licensing, and immigration law, where it is used as a... 2012
Denny Chan An Invisibility Cloak: the Model Minority Myth and Unauthorized Asian Immigrants 3 UC Irvine Law Review 1281 (December, 2013) At the dawn of the twentieth century--after the United States' successful takeover of Puerto Rico, Hawaii, the Philippines, and Guam--burgeoning American agribusiness sought to control immigrant workers from around the world. In particular, it targeted recalcitrant Puerto Ricans organizing mass resistance to oppressive working and living... 2011
Aaron Korthuis Detention and Deterrence: Insights from the Early Years of Immigration Detention at the Border 129 Yale Law Journal Forum 238 (November 25, 2019) 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... 2011
J. Hafetz Immigration and National Security Law: Converging Approaches to State Power, Individual Rights, and Judicial Review 18 ILSA Journal of International and Comparative Law 625 (Summer, 2012) 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... 2011
Louis Henkin Immigration and the Constitution: a Clean Slate 35 Virginia Journal of International Law 333 (Fall, 1994) 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... 2011
  Immigration Law--local Enforcement--massachusetts Supreme Judicial Court Holds That Local Law Enforcement Lacks Authority to Detain Pursuant to Ice Detainers.--lunn V. Commonwealth, 78 N.e.3d 1143 (Mass. 2017) 131 Harvard Law Review 666 (December, 2017) 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... 2011
Kerry Abrams Polygamy, Prostitution, and the Federalization of Immigration Law 105 Columbia Law Review 641 (April, 2005) 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... 2011
Kevin R. Johnson Racial Hierarchy, Asian Americans and Latinos as "Foreigners," and Social Change: Is Law the Way to Go? 76 Oregon Law Review 347 (Summer 1997) Metaphors tell the story of immigration law. Throughout its immigration jurisprudence, the U.S. Supreme Court has employed rich metaphoric language to describe immigrants attacking nations and aliens flooding communities. This Article applies research in cognitive linguistics to critically evaluate the metaphoric construction of immigrants in the... 2011
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