||The Illegal Immigration Reform and Immigrant Responsibility Act of 1996: Another Congressional Hurdle for the Courts
||8 Indiana Journal of Global Legal Studies 169 (Fall, 2000)
||The development of U.S. immigration law has largely been influenced by the tension between the plenary power doctrine and constitutional norms. Some scholars have further suggested that this tension has resulted in the creation of phantom constitutional norms in the context of immigration laws. The plenary power doctrine declares that Congress...
||The Paradoxes of Race, Class, Identity, and "Passing": Enforcing the Chinese Exclusion Acts, 1882-1910
||25 Law and Social Inquiry 1 (Winter, 2000)
||In 1882, Congress passed the Chinese Exclusion Act, barring the entry into the United States of all Chinese laborers. This article explores the dilemmas and contradictions associated with the enforcement of this legislation, focusing on the early years during which the most glaring dilemmas were exposed. Drawing from congressional documents, as...
||Who's Afraid of Foreigners? The Restrictions on Alien Ownership of Electronic Media
||32 Columbia Human Rights Law Review 133 (Fall, 2000)
||I. L2-3,T3Introduction 134 II. L2-3,T3The Reaffirmation of Restriction in the Era of Deregulation: The Puzzling Persistence of the Exclusion of Aliens from the Licensing Process 141 III. L2-3,T3A Brief History of the Foreign Ownership Provision of the Communications Act of 1934 146 A. Legislative History. 146 B. Administrative and Interpretive...
|Polly J. Price
||Alien Land Restrictions in the American Common Law: Exploring the Relative Autonomy Paradigm
||43 American Journal of Legal History 152 (April, 1999)
||Why should Pennsylvania, founded by the English, become a colony of aliens who will shortly be so numerous as to Germanize us instead of Anglifying them, and will never adopt our Language or Customs any more than they can acquire our complexion? -Benjamin Franklin In the United States today, approximately half of the states have laws that restrict...
||Beyond Black and White: Selected Writings by Asian Americans Within the Critical Race Theory Movement
||30 Saint Mary's Law Journal 759 (1999)
||I. Introduction. 760 II. Critical Race Theory. 764 III. History of Discrimination Against Asian Americans: Nativism and the Racialization of Asian Americans As Foreign. 769 IV. Asian-American Contributions to the Critical Race Movement. 773 A. Constructing Asian-American Identities During the Exclusion Era. 776 B. Contemporary Discrimination...
||Citizens, Strangers, and In-betweens: Essays on Immigration and Citizenship. By Peter Schuck. Boulder, Colo.: Westview Press, 1998. Pp. Xviii, 475. $26.00.
||25 New York University Review of Law and Social Change 435 (1999)
||To hear some immigration advocates tell it, Americans in the 1990s have slammed the golden door shut in a fit of xenophobic hysteria . . . . Fortunately, this is a false picture . . . . I recently received a plea for help from a tearful U.S. citizen who is the mother of a twenty-five-year-old lawful permanent resident from Panama. She told me that...
|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)
||Gregorio Diaz, an American citizen of Mexican descent, is an Illinois resident. On February 18, 1998, Mr. Diaz arrived at O'Hare International Airport, Chicago from a trip abroad. When passing through customs, he was detained by an Immigration and Naturalization Service (INS) inspection officer , at which time he submitted documentation of his...
|John L. Pollock
||Missing "Persons": Expedited Removal, Fong Yue Ting, and the Fifth Amendment
||41 Arizona Law Review 1109 (Winter, 1999)
||In 1996 Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). This law cemented the recent trend of cracking down on illegal immigration by increasing the number of border patrols, limiting judicial review, and introducing new penalties for a variety of immigration control violations. This anti-immigrant...
|Victor C. Romero
||Broadening Our World: Citizens and Immigrants of Color in America
||27 Capital University Law Review 13 (1998)
||Your world is as big as you make it. I know, for I used to abide In the narrowest nest in a corner, My wings pressing close to my side. But I sighted the distant horizon Where the sky line encircled the sea And I throbbed with a burning desire To travel this immensity. I battered the cordons around me And cradled my wings on the breeze Then soared...
||Dolphins Caught in Congressional Fishnets-immigration Law's New Aggravated Felons
||12 Georgetown Immigration Law Journal 589 (Summer, 1998)
||[Congress] cast a big net, and they're catching some dolphins in itImmigration and Naturalization Service spokesman Russ Bergeron, commenting on the harshness of immigration law's new aggravated felon provisions. Congressional legislation in 1996 fundamentally altered the landscape of United States immigration law. On April 24, 1996, Congress...