Katie Kelly Enforcing Stereotypes: the Self-fulfilling Prophecies of U.s. Immigration Enforcement 66 UCLA Law Review Discourse 36 (2018) U.S. immigration law was built on a foundation of systemic white supremacy. While a brief historical analysis of immigration laws in the United States illustrates a shift from explicitly racial to race-neutral language, the effects of the originally race-restrictive provisions in immigration law continue to be felt today. This Article illustrates... 2018
Kari Hong How to End "Illegal Immigration" 33 Maryland Journal of International Law 244 (2018) Donald Trump, first as a candidate and now as a president, has unleashed a relentless and ruthless campaign against immigrants and immigration. From rhetoric that calls migrants rapists and criminals, to executive orders that stop Muslims from entering our country, and to policies that speed up deportation, increase detention, downgrade due... 2018
Jennifer Gordon Immigration as Commerce: a New Look at the Federal Immigration Power and the Constitution 93 Indiana Law Journal 653 (Summer, 2018) Introduction. 654 I. The Evolution and Impact of the Plenary Power Doctrine. 659 II. The Commerce Clause as a Source of the Immigration Power. 671 A. The Lost Source: The Foreign Commerce Clause. 671 B. A New Source: The Interstate Commerce Clause. 681 The Modern Jurisprudence of the Interstate Commerce Clause. 681 III. The Argument for Rooting the... 2018
Alina Das Inclusive Immigrant Justice: Racial Animus and the Origins of Crime-based Deportation 52 U.C. Davis Law Review 171 (November, 2018) The merger of immigration and criminal law has transformed both systems, amplifying the flaws in each. In critiquing this merger, most scholarly accounts begin with legislative changes in the 1980s and 1990s that vastly expanded criminal grounds of deportation and eliminated many forms of discretionary relief. As a result of these changes,... 2018
Alyssa Garcia Much Ado about Nothing?: Local Resistance and the Significance of Sanctuary Laws 42 Seattle University Law Review 185 (Fall, 2018) Immigration has become a hot topic of national discourse in recent years. There have been calls on both sides of the aisle for immigration reform policies. As such, this highly publicized political discussion has evoked emotions, opinions, and actions from politicians and constituents alike. President Donald Trump has made his intention to deport... 2018
Mariela Olivares Resistance Strategies in the Immigrant Justice Movement 39 Northern Illinois University Law Review 1 (Fall, 2018) Topics of immigration reform have created deep polarization. To some degree, these political and societal divisions regarding immigrants' place and ability to remain in the United States drove the Republican successes in the 2016 elections and carried Donald Trump to the White House. When political conservatives called for decreased migration and... 2018
Irene Scharf Second Class Citizenship? The Plight of Naturalized Special Immigrant Juveniles 40 Cardozo Law Review 579 (December, 2018) C1-2Table of Contents I. What is United States Citizenship?. 579 A. The Problem. 586 II. Naturalized U.S. Citizenship in Historical Perspective. 589 A. The Constitution and Naturalization. 593 B. Mounting Opposition to Immigration. 597 III. The Impact of Discrimination on Citizenship. 605 A. Discrimination Against Blacks and other Racial... 2018
Matthew J. Lindsay The Perpetual "Invasion": past as Prologue in Constitutional Immigration Law 23 Roger Williams University Law Review 369 (Spring, 2018) Donald Trump ascended to the presidency largely on the promise to protect the American people--their physical and financial security, their culture and language, even the integrity of their electoral system--against an invading foreign menace. Only extraordinary defensive measures, including extreme vetting of would-be immigrants, a ban on... 2018
Laila Hlass The School to Deportation Pipeline 34 Georgia State University Law Review 697 (Spring, 2018) The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has... 2018
Jared A. Goldstein Unfit for the Constitution: Nativism and the Constitution, from the Founding Fathers to Donald Trump 20 University of Pennsylvania Journal of Constitutional Law 489 (February, 2018) The executive order on travel issued by President Donald Trump in January 2017 identified the foreigners who should be barred from entry as those who bear hostile attitudes toward the United States and its founding principles and who do not support the Constitution. As this Article shows, anti-immigrant movements have long used... 2018
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