Patrick Weil Races at the Gate: a Century of Racial Distinctions in American Immigration Policy (1865-1965) 15 Georgetown Immigration Law Journal 625 (Summer, 2001) Mentally ill migrants are currently being detained in cells where noose-like bedsheets hang from vents and their mental health treatment often consists of solitary confinement. Mentally ill adult migrants detained by ICE in the United States do not receive the care their psychological conditions require because ICE facilities are illequipped,... 2020
Ryan D. Frei Reforming U.s. Immigration Policy in an Era of Latin American Immigration: the Logic Inherent in Accommodating the Inevitable 39 University of Richmond Law Review 1355 (May, 2005) On January 27, 2017, newly inaugurated President Donald Trump signed an Executive Order that banned individuals from certain Muslim-majority countries from entry into the United States. The district and circuit courts' subsequent refusals to sanction the Muslim Bans offered hope to those who recognized the bans as part of a legacy of racist and... 2020
Eileen Kaufman Shelter from the Storm: an Analysis of U.s. Refugee Law as Applied to Tibetans Formerly Residing in India 23 Georgetown Immigration Law Journal 497 (Spring, 2009) Scholarship on illegal entry and drug courier prosecutions fails to apply Critical Race Theory (CRT). Disregard of how these prosecutions contribute to racial stratification in and outside American prisons or how drug couriers experience intersectionality ignores sociological and cultural processes. Criminal justice professionals have racialized... 2020
Karla Mari McKanders Sustaining Tiered Personhood: Jim Crow and Anti-immigrant Laws 26 Harvard Journal on Racial & Ethnic Justice 163 (Spring 2010) Since the nation's founding, presidents have been motivated by racial animus while using executive powers over migratory labor. Early presidents enforced the Constitution's fugitive slave provision. They explored diplomacy to deport free blacks to Africa. From the 1880s through 1940s, presidents acted on the racial animus of workers by restricting... 2020
Kevin R. Johnson SYSTEMIC RACISM IN THE U.S. IMMIGRATION LAWS 97 Indiana Law Journal 1455 (Spring, 2022) Students for Fair Admissions (SFFA) v. Harvard--a case alleging racial discrimination against Asian applicants in undergraduate admissions on appeal to the First Circuit--is one of the most notable recent equal protection challenges to be advanced almost exclusively on the basis of statistical evidence. The case could well end affirmative... 2020
Ediberto Román The Alien Invasion? 45 Houston Law Review 841 (Summer 2008) The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies... 2020
Geoffrey Heeren The Immigrant Right to Work 31 Georgetown Immigration Law Journal 243 (Winter, 2017) The Supreme Court has long held that the border is different when it comes to unwarranted searches and seizures. This is due to the government's prevailing interest in preventing the entry of unwanted persons and effects . at the international border. Circuit courts, however, are beginning to reconsider the scope of the border search exception... 2020
Paul Brickner The Passenger Cases (1849): Justice John Mclean's "Cherished Policy" as the First of Three Phases of American Immigration Law 10 Southwestern Journal of Law and Trade in the Americas 63 (2003-2004) This article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit. The theory underlying the attack is that the statute distinguishes between... 2020
John R.B. Palmer The Second Circuit's "New Asylum Seekers": Responses to an Expanded Immigration Docket 55 Catholic University Law Review 965 (Summer, 2006) This Article offers the first comprehensive assessment of how domestic and international law limits the U.S. government's ability to separate foreign children from the adults accompanying them when they seek to enter the United States. As early as March 6, 2017, then-Secretary of Homeland Security John Kelly told CNN's Wolf Blitzer that he was... 2020
Paula C. Johnson The Social Construction of Identity in Criminal Cases: Cinema Verite and the Pedagogy of Vincent Chin 1 Michigan Journal of Race and Law 347 (Summer 1996) This article presents the findings of the first research study of the Institutional Hearing Program (IHP), a prison-based immigration court system run by the U.S. Department of Justice. Although the IHP has existed for four decades, little is publicly known about the program's origin, development, or significance. Based on original analysis of... 2020
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