Kitty Calavita Collisions at the Intersection of Gender, Race, and Class: Enforcing the Chinese Exclusion Laws 40 Law and Society Review 249 (June, 2006) During the height of the exclusion era, when Asian immigrants were prohibited from naturalizing and becoming United States citizens, state and federal court judges around the country naturalized at least 500 Asian immigrant servicepersons and veterans. Between 1918 and 1925, Federal Bureau of Naturalization officials and state and federal court... 2019
Glenys P. Spence Colonial Relics: Unearthing the Lingering Tyranny of Colonial Discourse in U.s.-caribbean Immigration Law and Policy 26 Journal of Civil Rights & Economic Development 127 (Fall 2011) 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
Sherally Munshi Race, Geography, and Mobility 30 Georgetown Immigration Law Journal 245 (Winter, 2016) Legitimation represents a widening chasm at the intersection of immigration and family law. Agencies' and courts' persistent misguided reliance on biology as a paramount dispositive factor in determining who qualifies as a family for the purposes of immigration and nationality is increasingly at odds with family law's growing aspiration of a... 2019
Laura A. Hernández The Constitutional Limits of Supply and Demand: Why a Successful Guest Worker Program must Include a Path to Citizenship 10 Stanford Journal of Civil Rights & Civil Liberties 251 (June, 2014) The increased public exposure to the experiences of Latinx unaccompanied children seeking entry at the United States southern border has revealed the lived reality of the nation's pernicious immigration laws. The harrowing experiences of unaccompanied children are amplified by their interaction with a legal system plagued by a legacy of systemic... 2019
Michael A. Olivas The Political Efficacy of Plyler V. Doe: the Danger and the Discourse 45 U.C. Davis Law Review 1 (November, 2011) This Article explores the many challenges--legal and otherwise--that child migrants face as they attempt to navigate the complex web of courts, laws, and shifting political landscapes to become naturalized United States citizens, while putting these challenges in the context of an immigration system that has long been shaped by politics of... 2019
Patrick W. Thomas The Recurring Native Response to Global Labor Migration 20 Indiana Journal of Global Legal Studies 1393 (2013) 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
Paulina Sosa The Regulatory Leash of the One-year Refugee Travel Document 52 Columbia Journal of Law and Social Problems 273 (Winter, 2019) This article focuses on two of the earliest Chinese law students in the United States who deployed their legal knowledge and advocacy skills to fight against the Chinese Exclusion Act and its related laws in the early 1900s. Ho Yow, the fourth Chinese national to ever attend law school in the United States, performed this courageous task as Chinese... 2019
Kit Johnson Theories of Immigration Law 46 Arizona State Law Journal 1211 (Winter 2014) 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
Patricia I. Folan Sebben U.s. Immigration Law, Irish Immigration and Diversity: Cead Mile Failte (A Thousand Times Welcome)? 6 Georgetown Immigration Law Journal 745 (December, 1992) Throughout the past several years, in the Trump and Obama Administrations alike, federal immigration authorities have advanced the use of detention as a deterrent to dissuade immigrants from seeking refuge in the United States. That detention often lasts for months, and even years, causing some immigrants to give up their cases, while... 2019
Karla Mari McKanders Unforgiving of Those Who Trespass Against U.s.: State Laws Criminalizing Immigration Status 12 Loyola Journal of Public Interest Law 331 (Spring 2011) 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
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