Dan Ordorica Presidential Power and American Fear: a History of Ina § 212(f) 99 Boston University Law Review 1839 (September, 2019) This Note details the legislative history of § 212(f) of the Immigration and Nationality Act of 1952, which empowers the President to unilaterally restrict entry to the United States by any noncitizen. In 2016, President Trump fully embraced this power in implementing a broad travel ban against citizens of eight nations. In order to better... 2019
Paulina Sosa The Regulatory Leash of the One-year Refugee Travel Document 52 Columbia Journal of Law and Social Problems 273 (Winter, 2019) Asylees, refugees, and some Lawful Permanent Residents must obtain a Refugee Travel Document (RTD) from U.S. Citizenship and Immigration Services in order to travel abroad. These non-citizens cannot use passports from their home country, as doing so could result in a loss of their asylee or refugee status. RTDs are only valid for one year and must... 2019
Mila Sohoni The Trump Administration and the Law of the Lochner Era 107 Georgetown Law Journal 1323 (May, 2019) During the Lochner era, the Supreme Court shielded liberty of contract and property rights; it privileged private ordering and restrained the reach of government regulation; and it embraced robust conceptions of national sovereignty with respect to immigration and trade. Though Lochner itself remains an anti-canonical case, many of the conceptions... 2019
Rose Cuison Villazor , Kevin R. Johnson The Trump Administration and the War on Immigration Diversity 54 Wake Forest Law Review 575 (Spring, 2019) As candidate and President, Donald Trump has unabashedly expressed his disdain for immigrants of color and demonstrated an unmistakable commitment to restrict their immigration to the United States. Contemptuous words about immigrants translated into concrete policies designed to restrict the number of immigrants entering and remaining in the... 2019
Monika Batra Kashyap Unsettling Immigration Laws: Settler Colonialism and the U.s. Immigration Legal System 46 Fordham Urban Law Journal 548 (June, 2019) This Article flows from the premise that the United States is a present-day settler colonial society whose laws and policies function to support an ongoing structure of invasion called settler colonialism, which operates through the processes of Indigenous elimination and the subordination of racialized outsiders. At a time when U.S. immigration... 2019
Jayashri Srikantiah, Shirin Sinnar White Nationalism as Immigration Policy 71 Stanford Law Review Online 197 (March, 2019) Two years into the Trump presidency, white nationalism may be driving the Administration's immigration policy. We view white nationalism as the belief that national identity should be built around white ethnicity, and that white people should therefore maintain both a demographic majority and dominance of the nation's culture and public life. We... 2019
Charles P. Reichmann Anti-chinese Racism at Berkeley: the Case for Renaming Boalt Hall 25 Asian American Law Journal 5 (2018) Introduction. 5 I. The Chinese Question. 7 II. John Boalt's Major Premise. 8 III. Unconquerable Repulsion and Boalt's Minor Premise. 9 IV. Boalt's Proposal: Plebiscite on the Chinese Question. 11 V. Boalt's Success. 12 VI. Boalt's Proposal and the Constitutional Convention of 1878-79. 14 VII. Boalt's Measure Passes in a Landslide. 16 VIII. The... 2018
Carrie L. Rosenbaum Crimmigration--structural Tools of Settler Colonialism 16 Ohio State Journal of Criminal Law 9 (Fall, 2018) The systems of immigration and criminal law come together in many important ways, one of which being their role in instilling difference and undermining inclusion and integration. In this article, I will begin a discussion examining the concept of integration, simplistically described as inclusion into American life, not in the more traversed... 2018
Felice Batlan Déjà Vu and the Gendered Origins of the Practice of Immigration Law: the Immigrants' Protective League, 1907-40 36 Law and History Review 713 (November, 2018) On Friday January 27, 2017, Donald Trump executed the infamous executive order: banning immigration and even visitors from seven countries. The order affected those with travelers' visas headed to the United States as well as permanent United States residents from seven banned countries attempting to re-enter the United States. By Saturday morning,... 2018
Lauri Kai Embracing the Chinese Exclusion Case: an International Law Approach to Racial Exclusions 59 William and Mary Law Review 2617 (May, 2018) C1-2Table of Contents Introduction. 2619 I. Chae Chan PING and International Order. 2625 A. Pre-Chae Chan Ping Era. 2626 B. The Birth of the Plenary Power Doctrine: Chae Chan Ping v. United States. 2629 C. Erosion of State Sovereignty: The Individual International Rights Revolution. 2632 II. Customary International Law's Prohibition on Racial... 2018
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