Amanda Frost "BY ACCIDENT OF BIRTH": THE BATTLE OVER BIRTHRIGHT CITIZENSHIP AFTER UNITED STATES v. WONG KIM ARK 32 Yale Journal of Law & the Humanities 38 (Summer, 2021) In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting... 2021 Most Relevant
Vincent Becraft "YEARNING TO BREATHE FREE": IMMIGRANT DUE PROCESS RIGHTS CONSTRAINED BY THE SUPREME COURT'S RECENT UPHOLDING OF 8 U.S.C. § 1226 30-SPG Kansas Journal of Law & Public Policy 281 (Spring, 2021) Most fathers envision walking their daughters down the aisle and giving a heartfelt wedding speech, toasting the new couple and reflecting, maybe bittersweetly, on the new family and life she is creating with her spouse. Juan Lozano Magdaleno's role in his daughter's wedding was reduced to giving a speech, played over speaker phone at the wedding... 2021 Most Relevant
Carrie L. Rosenbaum (UN)EQUAL IMMIGRATION PROTECTION 50 Southwestern Law Review 231 (2021) L1-3Table of Contents I. Introduction. 231 II. Equal Protection Intent Doctrine. 236 III. Immigration UnEqual Protection. 243 A. Equal Protection Challenges to Alienage Laws. 245 B. Equal Protection Challenges to Racially Discriminatory Immigration Laws. 246 IV. DHS v. Regents - Intentional Blindness Redoubled. 253 V. Conclusion. 260 2021 Most Relevant
Ediberto Román , Ernesto Sagás A DOMESTIC REIGN OF TERROR: DONALD TRUMP'S FAMILY SEPARATION POLICY 24 Harvard Latinx Law Review 65 (Spring, 2021) Family separation has the dubious distinction of being the most odious measure amongst Donald Trump's draconian anti-immigrant immigration policies. The policy was introduced by the Trump administration as a way to broadly deter would-be immigrants and asylum seekers by instilling in them the fear of being separated from their children. After its... 2021 Most Relevant
Dominique Marangoni-Simonsen A FORGOTTEN HISTORY: HOW THE ASIAN AMERICAN WORKFORCE CULTIVATED MONTEREY COUNTY'S AGRICULTURAL INDUSTRY, DESPITE NATIONAL ANTI-ASIAN RHETORIC 27 Hastings Environmental Law Journal 229 (Winter, 2021) This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these... 2021 Most Relevant
Kareem W. Shora A TWENTY-YEAR LESSON: THE ROLE OF CIVIL RIGHTS IN SECURING OUR NATION 12 Journal of National Security Law & Policy 187 (2021) L1-2Introduction: The Failure of Trust and Impact on Communities . L3187 L1A. L2Lesson One: Do Not Conflate Immigration Enforcement with Violence Prevention. L3188 I. Diversity, Equity, and Inclusion Provide Collective Security. 189 A. Lesson Two: Avoid the ideological litmus test. 190 B. Lesson Three: Civil Rights and Civil Liberties Should Not Be... 2021 Most Relevant
Shalini Bhargava Ray ABDICATION THROUGH ENFORCEMENT 96 Indiana Law Journal 1325 (Summer, 2021) Presidential abdication in immigration law has long been synonymous with the perceived nonenforcement of certain provisions of the Immigration and Nationality Act. President Obama's never-implemented policy of deferred action, known as DAPA, serves as the prime example in the literature. But can the President abdicate the duty of faithful execution... 2021 Most Relevant
  AFFIRMATIVE DUTIES IN IMMIGRATION DETENTION 134 Harvard Law Review 2486 (May, 2021) Detention has become an undeniably central part of immigration enforcement today. In principle, the constitutional right to be free from deprivation of life, liberty, or property, without due process of law extends to all persons within U.S. territory, regardless of citizenship. In practice, due process for noncitizen detainees tends to be far... 2021 Most Relevant
Christine Cimini, Doug Smith AN INNOVATIVE APPROACH TO MOVEMENT LAWYERING: AN IMMIGRANT RIGHTS CASE STUDY 35 Georgetown Immigration Law Journal 431 (Winter, 2021) C1-3Table of Contents L1-2Introduction . L3432 I. Literature on Lawyering and Social Change. 442 A. The Critique of Lawyers as Agents for Social Change. 442 B. Newer Models of Social Change Lawyering. 447 II. The Rise and Fall of S-Comm as an Effective Case Study. 454 III. The Immigrant Rights Landscape Prior to S-Comm. 456 A. The Local/National... 2021 Most Relevant
Anna Hales BEYOND BORDERS: HOW PRINCIPLES OF PRISON ABOLITION CAN SHAPE THE FUTURE OF IMMIGRATION REFORM 11 UC Irvine Law Review 1415 (August, 2021) This Note presents prison abolition theory and discusses how principles of abolition can be applied in the context of immigration enforcement and reform. In doing so, this Note argues for an open borders approach to immigration, presents several viewpoints on what such a regime may look like, and discusses how this vision can shape immigration... 2021 Most Relevant
Monica Ramsy BEYOND THE U VISA AND CARCERAL FEMINIST "CRIMMIGRATION": TRANSFORMING THE VAWA SELF-PETITION TO REMEDY SEXUAL VIOLENCE IN IMMIGRATION DETENTION 45 New York University Review of Law and Social Change 37 (2021) When, and on what terms and conditions, do the experiences of an immigrant survivor of sexual violence matter? On what basis do we, and should we, devise our immigration laws in relation to gender-based violence? In wrestling with these questions, this Article seeks to develop a framework with which to more meaningfully support survivors of sexual... 2021 Most Relevant
Andrea Galvez BIAS AND IMMIGRATION: A NEW FACTORS TEST TO EXAMINE EXTRINSIC EVIDENCE OF ANIMUS IN IMMIGRATION CASES 71 Emory Law Journal 57 (2021) Courts have historically struggled to consistently consider extrinsic evidence of animus and bias in immigration cases. In two key cases concerning challenges to restrictive immigration policies of the Trump Administration-- Trump v. Hawaii and DHS v. Regents of the University of California--the Supreme Court shied away from considering numerous... 2021 Most Relevant
Gabriel J. Chin , Paul Finkelman BIRTHRIGHT CITIZENSHIP, SLAVE TRADE LEGISLATION, AND THE ORIGINS OF FEDERAL IMMIGRATION REGULATION 54 U.C. Davis Law Review 2215 (April, 2021) In accord with the traditional restriction of citizenship of nonwhites, for decades some conservative lawmakers and scholars have urged Congress to deny citizenship to U.S.-born children of unauthorized migrants. For its part, the Trump Administration promised to pursue birthright citizenship reform. The most prominent and compelling argument... 2021 Most Relevant
Kevin R. Johnson BRINGING RACIAL JUSTICE TO IMMIGRATION LAW 116 Northwestern University Law Review Online 1 (May 13, 2021) From at least as far back as the anti-Chinese laws of the 1800s, immigration has been a place of heated racial contestation in the United States. Although modern immigration laws no longer expressly mention race, their enforcement unmistakably impacts people of color from the developing world. Specifically, the laws, as enacted and... 2021 Most Relevant
Audrey E. Martin BUILDING TREATIES INSTEAD OF WALLS: HOW NAFTA AND THE USMCA MAKE THE CASE FOR TREATIES AS THE FUTURE OF U.S. IMMIGRATION POLICY 95 Tulane Law Review 387 (January, 2021) I. Introduction. 387 II. Mexican Immigration to the United States: Now and Then. 390 A. Setting the Scene: Modern U.S.-Mexico Immigration. 391 B. Understanding the Past: The History of U.S. Immigration Law and Mexico. 394 III. Solving the Problem by Treaty: The EU Case Study. 401 A. The EU Model: Exploring the Articles. 403 B. The EU Model:... 2021 Most Relevant
Danielle Kalil CERTIFIED DISASTER: A FAILURE AT THE INTERSECTION OF THE U VISA AND THE CHILD WELFARE SYSTEM 35 Georgetown Immigration Law Journal 513 (Winter, 2021) C1-3Table of Contents L1-2Introduction . L3514 I. U Nonimmigrant Status Offers Protection to Immigrant Victims of Crime. 518 A. Purpose and History of U Nonimmigrant Status. 521 B. How U Nonimmigrant Status Works. 523 C. The Helpfulness Requirement and Law Enforcement Certification. 526 D. Defining Certifying Agency. 529 E. Special Considerations... 2021 Most Relevant
Dina Gusejnova, London School of Economics CHRISTOPHER CASEY, NATIONALS ABROAD: GLOBALIZATION, INDIVIDUAL RIGHTS, AND THE MAKING OF MODERN INTERNATIONAL LAW, CAMBRIDGE: CAMBRIDGE UNIVERSITY PRESS, 2020. PP. 316. $39.99 CLOTH (ISBN 9781108784047). NIMISHA BARTON, REPRODUCTIVE CITIZENS: GENDER, IMMI 39 Law and History Review 401 (May, 2021) These two books constitute an important shift in the historiography of modern citizenship. Christopher Casey looks at the arbitration of individual, group, and corporate claims to protection under international law from the mid-nineteenth to the twenty-first century, whereas Nimisha Barton examines the history of naturalization and citizen rights... 2021 Most Relevant
Robyn M. Powell CONFRONTING EUGENICS MEANS FINALLY CONFRONTING ITS ABLEIST ROOTS 27 William and Mary Journal of Race, Gender, and Social Justice 607 (Spring, 2021) In September 2020, a whistleblower complaint was filed alleging that hysterectomies are being performed on women at an immigration detention center in alarmingly high rates. Regrettably, forced sterilizations are part of the nation's long-standing history of weaponizing reproduction to subjugate socially marginalized communities. While public... 2021 Most Relevant
Joshua J. Schroeder CONSERVATIVE PROGRESSIVISM IN IMMIGRANT HABEAS COURT: WHY BOUMEDIENE v. BUSH IS THE BASELINE CONSTITUTIONAL MINIMUM 45 Harbinger 46 (April 23, 2021) This article opens with a presentation of the six baseline holdings of Boumediene v. Bush as an expression of the basic constitutional minimum required under the Suspension Clause for all habeas cases. Then it describes the Circuit split that gave rise to DHS v. Thuraissigiam, which distinguished Boumediene according to the Court's Conservative... 2021 Most Relevant
D. Carolina Núñez DARK MATTER IN THE LAW 62 Boston College Law Review 1555 (May, 2021) Introduction. 1556 I. The Chinese Exclusion Case and Its Progeny: Ordinary Matter in an Extraordinary Immigration Law Universe. 1565 A. The Origins of Immigration Law's Plenary Power Doctrine. 1566 B. Plenary Power and the Constitution After Chinese Exclusion. 1570 1. Plenary Power and Political Opinion. 1571 2. Plenary Power and Gender. 1574 II.... 2021 Most Relevant
Samantha Sherman DEFINING FORCED LABOR: THE LEGAL BATTLE TO PROTECT DETAINED IMMIGRANTS FROM PRIVATE EXPLOITATION 88 University of Chicago Law Review 1201 (September, 2021) Privately run immigration detention facilities allegedly profit from a nation-wide system of forced labor. People detained in these for-profit facilities allege that they are compelled to work--often without pay--under threats of solitary confinement, deprivation of basic necessities, and other serious harms. Advocates have challenged these human... 2021 Most Relevant
Christian Vanderhooft DELEGATING IMMIGRATION ADMISSION POWERS TO THE STATES 89 University of Cincinnati Law Review 910 (2021) C1-2Table of Contents Introduction. 911 I. The Current Immigration System and Its Flaws. 914 A. An Overview. 915 B. Permanent Visas. 916 1. Visa Allocations. 916 2. Visa Requirements. 921 C. Temporary Visas. 925 II. The Proposal. 927 A. Permanent Visas. 928 B. Temporary Visas. 931 C. Other Practical Considerations. 932 1. What Role Would the... 2021 Most Relevant
Rosa Nielsen DEPORTATION AND DEPRAVITY: DOES FAILURE TO REGISTER AS A SEX OFFENDER INVOLVE MORAL TURPITUDE? 78 Washington and Lee Law Review 1157 (Summer, 2021) Under U.S. immigration law, non-citizens are subject to deportation following certain criminal convictions. One deportation category is for crimes involving moral turpitude, or CIMTs. This category usually refers to crimes that involve fraud or actions seen as particularly depraved. For example, tax evasion and spousal abuse are CIMTs, but simple... 2021 Most Relevant
Elizabeth A. Keyes DURESS IN IMMIGRATION LAW 44 Seattle University Law Review 307 (Winter, 2021) C1-2Contents Introduction. 308 I. The Duress Doctrine's Landscape and Justifications. 312 A. Theoretical Bases for the Duress Defense. 313 B. Duress and Culpability in Domestic Criminal Law. 316 1. Defining Duress. 316 2. When Duress Matters in the Criminal Legal System. 320 C. Duress and Culpability in International Law. 320 1. International... 2021 Most Relevant
Shannon Gleeson , Kati L. Griffith EMPLOYERS AS SUBJECTS OF THE IMMIGRATION STATE: HOW THE STATE FOMENTS EMPLOYMENT INSECURITY FOR TEMPORARY IMMIGRANT WORKERS 46 Law and Social Inquiry 92 (February, 2021) The state plays a key role in shaping worker precarity, and employers are key actors in mediating this process. While employers sometimes may act as willing extensions of the deportation machinery, they are also subjects of the immigration state. In this article, we highlight the impact of state-employer dynamics on migrant workers with Temporary... 2021 Most Relevant
Beenish Riaz ENVISIONING COMMUNITY PARALEGALS IN THE UNITED STATES: BEGINNING TO FIX THE BROKEN IMMIGRATION SYSTEM 45 New York University Review of Law and Social Change 82 (2021) For decades, immigrants have been unable to access justice in the United States. The country has consistently failed to meet its international and domestic due process obligations. Given that universal representation for all immigrants is impractical, this Article posits a new strategy. It calls for legal empowerment, and in particular, the... 2021 Most Relevant
Alessandra N. Rosales EXCLUDING 'UNDESIRABLE' IMMIGRANTS: PUBLIC CHARGE AS DISABILITY DISCRIMINATION 119 Michigan Law Review 1613 (May, 2021) Public charge is a ground of inadmissibility based upon the likelihood that a noncitizen will become dependent on government benefits in the future. Once designated as a public charge, a noncitizen is ineligible to be admitted to the United States or to obtain lawful permanent residence. In August 2019, the Trump Administration published a... 2021 Most Relevant
Jennifer Lee Koh EXECUTIVE DEFIANCE AND THE DEPORTATION STATE 130 Yale Law Journal 948 (February, 2021) A basic assumption in our legal system is that once a federal court issues an order, the government will obey. But the validity of that assumption has been tested over the years, including in the immigration context, and for reasons both related to and separate from the identity of the President. Indeed, understanding the government's... 2021 Most Relevant
Jillian Blake FRAGILE IMMIGRATION LEGALITY COLLAPSES IN THE TRUMP ERA 30 Southern California Interdisciplinary Law Journal 305 (Winter 2021) People often think of immigration legality in black and white terms--immigrants are documented or undocumented; they are present legally or illegally. There has long been, however, a significant gray area of quasi-legality in the U.S. immigration system. This gray area expanded for decades due to diverging policies of the executive and... 2021 Most Relevant
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