Janet M. Calvo Spouse-based Immigration Laws: the Legacies of Coverture 28 San Diego Law Review 593 (Summer, 1991) 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... 2011
Kevin R. Johnson Symposium Introduction 38 U.C. Davis Law Review 599 (March, 2005) 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... 2011
Michael H. LeRoy The President's Immigration Powers: Migratory Labor and Racial Animus 75 New York University Annual Survey of American Law 187 (2020) 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... 2011
Alison Bashford, Jane McAdam The Right to Asylum: Britain's 1905 Aliens Act and the Evolution of Refugee Law 32 Law and History Review 309 (May, 2014) 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... 2011
Gilbert Paul Carrasco , Iryna Zaverukha *Mercy Versus Fear, or Where the Law on Migration Stands 40 Seattle University Law Review 1283 (Summer, 2017) 120 years ago, in May 1889, the U.S. Supreme Court ruled that the power of exclusion of foreigners being an incident of sovereignty . . . cannot be granted away or restrained. Sixty years later, in January 1950, at the height of the Cold War, the U.S. Supreme Court reaffirmed the plenary power doctrine by holding that it is not within the... 2010
Shani M. King Child Migrants and America's Evolving Immigration Mission 32 Harvard Human Rights Journal 59 (Spring, 2019) Daniel Kanstroom's Deportation Nation is a timely historical text that provides a context and framework to the existing campaigns of stepped-up federal and local immigration enforcement as well as for the Obama administration's plans for comprehensive immigration reform. Whereas other migration scholars such as Ngai, Johnson, and De Genova have... 2010
Daniel Kanstroom Deportation, Social Control, and Punishment: Some Thoughts about Why Hard Laws Make Bad Cases 113 Harvard Law Review 1889 (June, 2000) For those of us who work in the field of Asian American history, we have long confronted the issues and consequences of White supremacy, exclusion, the erasure of Asian Americans from the national historical consciousness, and the marginalization of our efforts in the American academy. Fortunately, a handful of scholars/activists has kept our... 2010
David Cole Enemy Aliens 54 Stanford Law Review 953 (May, 2002) I. Introduction. 1486 II. Continuing Impact of Post 9-11 Immigration Practices. 1491 A. PENTBOTTM Detentions and OIG Detainee Report. 1401 B. OIG MDC Report. 1493 C. Turkmen Lawsuit. 1495 D. 48 Hour Rule. 1497 E. Closed Hearings. 1499 F. Alien Absconder Initiative. 1499 G. Voluntary Interview Program. 1501 H. Special Registration. 1502 I. Other... 2010
Lisa J. Laplante Expedited Removal at U.s. Borders: a World Without a Constitution 25 New York University Review of Law and Social Change 213 (1999) 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... 2010
Ernesto Hernández-López Kiyemba, Guantánamo, and Immigration Law: an Extraterritorial Constitution in a Plenary Power World 2 UC Irvine Law Review 193 (February, 2012) In this essay, we introduce the heuristics of dystopian dream and usable future to assess competing visions for immigration reform. We apply these heuristics to potential changes to the U.S. immigration system and immigration federalism as reflected in legislative and law enforcement activities, policy proposals, speeches, and scholarship. We... 2010
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