| Author | Title | Citation | Summary | Year |
| Todd Stevens |
Tender Ties: Husbands' Rights and Racial Exclusion in Chinese Marriage Cases, 1882-1924 |
27 Law and Social Inquiry 271 (Spring 2002) |
The alien citizen is an American citizen by virtue of her birth in the United States but whose citizenship is suspect, if not denied, on account of the racialized identity of her immigrant ancestry. In this construction, the foreignness of non-European peoples is deemed unalterable, making nationality a kind of racial trait. Alienage, then, becomes... |
2007 |
| JORGE A. VARGAS |
U.s. Border Patrol Abuses, Undocumented Mexican Workers, and International Human Rights |
2 San Diego International Law Journal 1 (2001) |
Throughout history, the U.S. government has claimed to stand by a strong policy of family reunification. After providing a brief overview of U.S. immigration policy and regulation since the 1800s, this Comment examines the existing statutory framework for family reunification. The author argues that legislation passed by the U.S. Senate in late-May... |
2007 |
| Victor C. Romero |
Devolution and Discrimination |
58 New York University Annual Survey of American Law 377 (2002) |
Give me your tired, your poor, your huddled masses yearning to breathe free, exhorts the well-known poem which graces the platform of the Statue of Liberty standing in New York Harbor. Over the course of its history, the United States has welcomed more than fifty million immigrants, more than any other country. In 2005 more than one million... |
2006 |
| |
Editors' Note |
21 Asian American Law Journal 1 (2014) |
I. Introduction. 135 II. Background. 137 A. Racism and Homophobia in the Immigration Process. 138 B. The Asylum Process. 139 C. Characteristics of Asylum Applicants. 141 D. Not Gay Enough for the Government: The Case of Mohammad . 144 III. Uncovering Bias in Sexual Orientation Asylum Decisions. 147 A. Racial Stereotypes and Essentialism. 148 B.... |
2006 |
| Kevin R. Johnson |
Federalism and the Disappearing Equal Protection Rights of Immigrants |
73 Washington and Lee Law Review Online 269 (July 27, 2016) |
I. Introduction. 558 II. The Classic Construction of Citizenship. 563 A. Citizenship's Equality Component. 564 B. The Exclusionary Aspect. 568 C. The Modern Construction. 572 III. Subordinates in Law. 579 A. The Indigenous People. 580 B. The Territorial Island Inhabitants. 585 IV. Subordinates in Fact?. 589 A. African-Americans. 589 B.... |
2006 |
| Hiroshi Motomura |
Immigration Law after a Century of Plenary Power: Phantom Constitutional Norms and Statutory Interpretation |
100 Yale Law Journal 545 (December, 1990) |
In 2002, the United States Supreme Court held in Hoffman Plastic Compounds v. NLRB that an undocumented immigrant employee who used false work-authorization documentation could not be awarded statutory back pay regarding his employment termination for lawful union activity. The Court's underlying premise lay in limiting the back pay remedy to be... |
2006 |
| Rashad Hussain |
Preventing the New Internment: a Security-sensitive Standard for Equal Protection Claims in the Post-9/11 Era |
13 Texas Journal on Civil Liberties & Civil Rights 117 (Fall 2007) |
It is well known among anthropologists that race as a scientific concept denoting human biological variation is no longer valid, but that race as a social construct and a shaping force still has profound material repercussions in peoples' daily lives. In 2004, two notable events occurred in Chicago that attested to the persistent significance of... |
2006 |
| Michael Scaperlanda |
Scalia's Short Reply to 125 Years of Plenary Power |
68 Oklahoma Law Review 119 (Fall, 2015) |
PROFESSOR RICHARD BOSWELL: We are very fortunate here to have four really wonderful speakers who are very involved in many aspects of immigration law and policy, who will be talking about legalization of undocumented workers and its consequences as well as some of the related issues. Our first speaker on my far physical right is Cathy Tactaquin,... |
2006 |
| Hiroshi Motomura |
The New Migration Law: Migrants, Refugees, and Citizens in an Anxious Age |
105 Cornell Law Review 457 (January, 2020) |
The year 2002 saw a dramatic shift in the dynamics of immigration litigation in the United States. Triggered by a streamlining of the Department of Justice (DOJ)'s administrative review of expulsion orders, immigration appeals have been pouring into the federal courts in record numbers. Not only is DOJ ordering more people expelled, but a... |
2006 |
| Matthew J. Lindsay |
The Perpetual "Invasion": past as Prologue in Constitutional Immigration Law |
23 Roger Williams University Law Review 369 (Spring, 2018) |
This article applies theories of legal compliance to analyze the making of this country's first illegal immigrants--Chinese laborers who crossed the U.S.-Canadian and U.S.-Mexican borders in defiance of the Chinese exclusion laws (1882-1943). Drawing upon a variety of sources, including unpublished government records, I explore the ways in which... |
2006 |