Ali Shan Ali Bhai A Border Deferred: Structural Safeguards Against Judicial Deference in Immigration National Security Cases 69 Duke Law Journal 1149 (February, 2020) When confronted with cases lying at the intersection of immigration and national security, the judiciary has abided by a consistent principle: the president knows best. Since the late nineteenth century, rather than deciding these cases on the merits, courts have instead deferred to the executive branch. Courts' reluctance to engage in judicial... 2020 Most Relevant
Anders Newbury Illegal Immigration Arrests: a Vermont Perspective on State Law and Immigration Detainers Supported by Intergovernmental Agreements 44 Vermont Law Review 645 (Spring, 2020) Introduction. 646 I. Historical Background: The Politics of Immigration and Rising Federal-State Tensions. 649 A. A Brief History of Immigration Policy in the United States. 649 B. Vermont and the Immigration Enforcement Debate. 653 II. Evolution of Legal Challenges to Detainers. 655 A. Statutory Interpretation of Immigration Enforcement. 655 B.... 2020 Most Relevant
Andrew N. Klokiw A Fifth Wave? A Contemporary Comparative Study of Ukrainian Immigration to the United States, 1870-2019 98 Texas Law Review 757 (March, 2020) This Note presents an in-depth look into the immigration patterns of Ukrainians to the United States over the past 150 years. The underlying theory that I seek to explore and build upon in this Note is that Ukrainian-Americans represent a truly unique group in the broader tapestry of American immigration, as they have been landing on America's... 2020 Most Relevant
Asad L. Asad On the Radar: System Embeddedness and Latin American Immigrants' Perceived Risk of Deportation 54 Law and Society Review 133 (March, 2020) Drawing on in-depth interviews with 50 Latin American immigrants in Dallas, Texas, this article uncovers systematic distinctions in how immigrants holding different legal statuses perceive the threat of deportation. Undocumented immigrants recognize the precarity of their legal status, but they sometimes feel that their existence off the radar of... 2020 Most Relevant
Ashley Dylenski Abolishing Ice Is Not Enough: Using Conservative Judicial Principles to Protect Unauthorized Immigrants from a "Tyrannical Bureaucracy" 26 Cardozo Journal of Equal Rights & Social Justice 525 (Spring, 2020) C1-2Table of Contents I. Abolishing ICE Alone Will Not Create a More Humane Immigration System. 531 A. Untangling the Executive Immigration Agencies & Their Functions. 531 B. How Much Process is Due to Unauthorized Immigrants?. 537 C. The Zero Tolerance Policy & Family Separations Could Still Have Happened Without ICE. 543 II.Challenging The... 2020 Most Relevant
Caitlin Cavanagh, Erica Dalzell , Elizabeth Cauffman , Michigan State University, University of California, Irvine Documentation Status, Neighborhood Disorder, and Attitudes Toward Police and Courts among Latina Immigrants 26 Psychology, Public Policy, and Law 121 (February, 2020) Individuals who live in disordered neighborhoods tend to view the justice system more negatively. However, some families with an undocumented member may feel compelled to remain undetected or may lack the means for suitable housing, and thus may have little choice but to live in disordered neighborhoods. The present study answers the question, does... 2020 Most Relevant
Caroline Bettinger-Lopez, Jamila Flomo, Amanda Suarez The Effects of Anti-Immigrant Laws in the U.s. on Victims of Domestic Violence, Sexual Assault, and Human Trafficking: a Gender-based Human Rights Analysis 23 Harvard Latinx Law Review 17 (Spring, 2020) I. Introduction. 18 II. SB 168 Harms Immigrants and Immigrant Communities. 21 A. Recent Research and Data Reveal High Mistrust of the Police Amongst Immigrants When Local Law Enforcement Engages in Federal Immigration Enforcement. 23 B. Anti-Immigrant Laws Drain Resources and Divert Workstreams of Nonprofit Organizations Serving Victims. 26 C. SB... 2020 Most Relevant
Carrie L. Rosenbaum Anti-democratic Immigration Law 97 Denver Law Review 797 (Summer, 2020) [I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized... 2020 Most Relevant
Cecillia D. Wang Ending Bogus Immigration Emergencies 129 Yale Law Journal Forum 620 (2/15/2020) abstract. In 1944, Justice Jackson dissented in Korematsu, warning that the majority's decision would lie[] about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Seventy-five years later, President Donald Trump has picked up that doctrinal weapon. This Essay sets out three... 2020 Most Relevant
Conor McDonough Mezei's Day in Court: Debtors' Prisons, Substance Abuse, and the Permissiveness of Civil Detention in American Immigration Law 114 Northwestern University Law Review 1631 (2020) Abstract--American immigration law mandates the civil detention of certain classes of migrants while their legal cases proceed through the courts. Due to the peculiar nature of immigration law, many migrants find themselves detained for years on end without receiving the level of due process that normally attends imprisonment. This Note draws on... 2020 Most Relevant
Cristina A. Quiñónez Exposing the American History of Applying Racial Anxieties to Regulate and Devalue Latinx Immigrant Reproductive Rights 54 University of San Francisco Law Review 557 (2020) NATIONALISTS ACT ON RACIAL ANXIETIES to oppress the reproductive rights of Latinx immigrants. The term racial anxieties refers to increased stress levels and emotions that occur when individuals interact with people of other races. Racial anxieties can affect the daily lives of individuals of all races--while some people may be subjected to... 2020 Most Relevant
Daniel Buteyn The Immigration Judiciary's Need for Independence: Breaking Free from the Shackles of the Attorney General and the Powers of the Executive Branch 46 Mitchell Hamline Law Review 958 (July, 2020) I. Introduction. 958 II. Historical Background of Immigration Adjudication. 961 A. The Immigration Act of 1891. 961 B. The Immigration Act of 1893. 962 C. Significant Changes to Immigration Adjudication up to 1983. 963 D. The Creation of a New Agency. 965 III. Judiciary Comparisons. 967 A. Federal and State Judges. 967 B. Comparison of Immigration... 2020 Most Relevant
Emily Ryo , Ian Peacock Jailing Immigrant Detainees: a National Study of County Participation in Immigration Detention, 1983-2013 54 Law and Society Review 66 (March, 2020) Hundreds of county jails detain immigrants facing removal proceedings, a civil process. In exchange, local jails receive per diem payments from Immigration and Customs Enforcement. Immigration detention thus presents a striking case of commodification of penal institutions for civil confinement purposes. Yet we know very little about the counties... 2020 Most Relevant
Emily Ryo , Professor of Law and Sociology, USC Gould School of Law, Los Angeles, CA Introduction to the Special Issue on Immigration Detention 54 Law and Society Review 750 (December, 2020) In a recent article, I called for the development of a systematic field of study devoted to investigating the causes, conditions, and consequences of immigration detention (Ryo 2019). The two articles in this special issue are cutting-edge studies that answer that call. They leverage multiple methods to overcome enormously difficult data challenges... 2020 Most Relevant
Engy Abdelkader Immigration in the Era of Trump: Jarring Social, Political, and Legal Realities 44 Harbinger 76 (4/24/2020) In 2020, immigration is proving to be an election year issue. The Trump reelection campaign is strategically leveraging it as a political narrative to win votes while further polarizing an already fractured nation along ideological and partisan lines. Indeed, a review of related public opinion surveys may prove illuminating on this score. According... 2020 Most Relevant
Ernesto Sagás , Ediberto Román Build the Wall and Wreck the System: Immigration Policy in the Trump Administration 26 Texas Hispanic Journal of Law and Policy 21 (Spring, 2020) When Donald J. Trump launched his presidential bid in 2015, he promised: I will build a great, great wall on our southern border. And I will have Mexico pay for that wall. Mark my words. He often repeated this promise at campaign rallies, sparking chants of Build the wall! Build the wall! from an ecstatic crowd. However, as of early 2020,... 2020 Most Relevant
Felice Batlan She Was Surprised and Furious: Expatriation, Suffrage, Immigration, and the Fragility of Women's Citizenship, 1907-1940 15 Stanford Journal of Civil Rights & Civil Liberties 315 (June, 2020) Introduction. 315 I. Coverture, Expatriation, and Women's Citizenship. 317 A. Coverture and Citizenship. 317 B. The Expatriation Act of 1907 and the Loss of Women's Citizenship. 319 C. Myth Making and Women's Expatriation of Citizenship in the U.S. Supreme Court. 321 D. Women's Suffrage, the Cable Act, and the Partial End of Derivative Citizenship.... 2020 Most Relevant
Gabriel J. Chin A Nation of White Immigrants: State and Federal Racial Preferences for White Noncitizens 100 Boston University Law Review 1271 (September, 2020) U.S. law, of course, drew many lines based on race from the earliest days of slavery and colonialism. It is also well known that the government discriminated against noncitizens in favor of citizens in areas such as licensing and land ownership. This Article proposes that during the long Jim Crow era, there was an additional body of racially... 2020 Most Relevant
Gabriel Sáenz America's Second-class Children: an Examination of President Trump's Immigration Policies on Migrant Children and Inquiry on Justice Through the Catholic Perspective 22 Scholar: St. Mary's Law Review on Race and Social Justice 143 (2020) I. Just Standard vs. Malignant Standard. 145 II. The Malignant Standard. 151 A. Brief Background on the Recent Wave of Immigrant Children Coming to the United States. 151 B. Trump's Administration Responded with Family Separation. 152 C. Trump's Administration has Undermined and Attacked Programs Designed to Help Immigrant Children in Immigration... 2020 Most Relevant
Girma Parris, PhD Race, America's Multiple Traditions, and Incorporating Immigrants in the Twenty-first Century 55 Tulsa Law Review 263 (Winter, 2020) Abigail Fisher Williamson, Welcoming New Americans? Local Governments and Immigrant Incorporation (University of Chicago Press 2018). Pp. 368. Hardcover $97.50. PaperbackK $32.50. Chris Zepeda-Millán, Latino Mass Mobilization: Immigration, Racialization, and Activism (Cambridge University Press 2017). Pp. 308. Hardcover $105.00. Paperback $29.99.... 2020 Most Relevant
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