| Author | Title | Citation | Summary | Year |
| Andrew B. Ayers |
International Law as a Tool of Constitutional Interpretation in the Early Immigration Power Cases |
19 Georgetown Immigration Law Journal 125 (Fall, 2004) |
I. Introduction: The Modern Controversy. 126 R1II. L2Reliance on International Law in the Early Immigration Power Cases. 131 A. The Early Immigration Power Cases. 133 B. Chae Chan Ping. 133 C. Nishimura Ekiu. 138 D. Fong Yue Ting. 139 E. Persuasive Authority. 141 III. International Law as Binding Authority?. 144 IV. International Law and Natural... |
2004 |
| Banke Olagbegi-Oloba , Linda Strite Murnane, Mustafa Aijazuddin , Editor |
INTERNATIONAL REFUGEE LAW |
57 The Year in Review (ABA) 421 (2023) |
Refugees, asylum seekers, internally displaced persons (IDPs), and in fact, all persons on the move are fully entitled to human rights. The United Nations Declaration of Human Rights came into effect in 1948 and seeks to protect every human being regardless of their race, color, gender, language, or religion. Also, the 1951 Refugee Convention and... |
2023 |
| Leanne Aban, Elaina Rahrig, Emma Dozier, Sarah McLaughlin, Yiruo Zhang, Sydney Brinker, Mell Chhoy, Hema Gharia, Lindsay Sergi, Julia Sturges, Quinn Tassin, Cindy Yao |
INTERNATIONAL REGULATION OF SEXUAL ORIENTATION, GENDER IDENTITY, AND SEXUAL ANATOMY |
24 Georgetown Journal of Gender and the Law 595 (Annual Review 2023) |
I. Introduction. 597 II. Current State of International Law. 598 A. Yogyakarta Principles. 598 B. UN Resolutions. 599 C. International Jurisprudence. 601 D. Asylum. 601 III. Current State of Foreign Domestic Law. 602 A. Legal Obstacles Facing the LGBTI Community. 602 1. Africa. 602 a. Criminalization of Same-Sex Sexual Activity. 604 b.... |
2023 |
| Robbie J. Totten, Ph.D. |
International Relations, Material and Military Power, and United States Immigration Policy: American Strategies to Utilize Foreigners for Geopolitical Strength, 1607 to 2012 |
29 Georgetown Immigration Law Journal 205 (Winter 2015) |
What is the relationship between immigration and United States material and military interests? What policies and laws have American leaders devised to use immigrants for geopolitical strength? These questions are important because they shed light on historical and mechanistic facets of U.S. immigration policy and law, an important transnational or... |
2015 |
| Muneer I. Ahmad |
Interpreting Communities: Lawyering Across Language Difference |
54 UCLA Law Review 999 (June, 2007) |
As the rapid growth of immigrant communities in recent years transforms the demography of the United States, language diversity is emerging as a critical feature of this transformation. Poor and low-wage workers and their families in the aggressively globalized U.S. economy increasingly are Limited English Proficient, renewing longstanding debates... |
2007 |
| Victor C. Romero |
INTERRACIAL COALITION BUILDING: A FILIPINO LAWYER IN A BLACK-WHITE COMMUNITY |
127 Dickinson Law Review 767 (Spring, 2023) |
The United States is in the midst of a political and cultural war around race and demography that goes to the heart of America's self-definition as a nation of immigrants. Heeding Eric Yamamoto's four-part prescription for interracial cooperation via the conceptual, the performative, the material, and the reflexive, this Essay draws from the... |
2023 |
| Erin M. Adam |
Intersectional Coalitions: the Paradoxes of Rights-based Movement Building in Lgbtq and Immigrant Communities |
51 Law and Society Review 132 (March, 2017) |
Over the past decade, inter- and intra-movement coalitions composed of organizations within the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) and immigrant rights movements have formed at the local level. These coalitions speak to a massive organizing effort that has achieved some rights campaign successes. However, coalition unity that... |
2017 |
| Alexandra Grant |
Intersectional Discrimination in U Visa Certification Denials: an Irremediable Violation of Equal Protection? |
3 Columbia Journal of Race and Law 253 (2013) |
Through the U visa, the Immigration and Nationality Act offers a means to obtain legal immigration status for undocumented victims of domestic violence and other specified crimes who cooperate with law enforcement in the investigation or prosecution of those crimes. In order to apply for such a visa, a crime victim must obtain law enforcement... |
2013 |
| Robin Pomerenke |
Intersectional Resistance: a Case Study on Crimmigration and Lessons for Organizing in the Trump Era |
29 Hastings Women's Law Journal 241 (Summer, 2018) |
Increasingly, the federal government has sought to utilize local law enforcement's proximity to and intimacy with local communities to detain and deport immigrants. The resultant growth of crimmigration--the simultaneous enforcement of immigration law and criminal law--has sparked a large-scale social movement in California over the last ten years.... |
2018 |
| Mariela Olivares |
Intersectionality at the Intersection of Profiteering & Immigration Detention |
94 Nebraska Law Review 963 (2016) |
I. Introduction. 963 II. The Road to and Realities of Immigrant Detention. 966 A. The Origins of Immigrant Detention. 967 B. A Snapshot of Detention. 973 III. The Commodification of Immigrants. 976 A. The Prison Business. 977 B. The Prison Industry Discovers the Price of Immigrants. 985 IV. At the Crossroads--Intersectionality at the... |
2016 |
| Madeline M. Gomez |
Intersections at the Border: Immigration Enforcement, Reproductive Oppression, and the Policing of Latina Bodies in the Rio Grande Valley |
30 Columbia Journal of Gender and Law 84 (2015) |
A series of events in 2014 brought significant attention to the United States-Mexico border. Over the summer, reports of an influx of undocumented Central American immigrants began circulating. Though most coverage mentioned only children crossing the border, many of these young migrants traveled alongside their mothers. Reports of this influx... |
2015 |
| Farnoush Nassi |
Into the Labyrinth: Artists, Athletes, Entertainers and the Ins |
19 Loyola of Los Angeles Entertainment Law Journal 107 (1998) |
The Immigration and Nationality Act (INA) presents a heavy burden for those foreign artists, entertainers, and athletes who desire to immigrate to the United States. Although the law is designed to bring aliens into the U.S., its ambiguous requirements are extraordinarily difficult for a foreigner to satisfy. The INA establishes classifications... |
1998 |
| John J. Ammann |
Introduction |
29 Saint Louis University Public Law Review 369 (2010) |
The Hazleton, Pennsylvania, City Council. The Arizona Legislature. The Valley Park, Missouri, Board of Aldermen. The Congress of the United States. When it comes to regulation of immigration, the first three legislative bodies have been more active in the last few years than the fourth, even though there is a strong argument to be made that... |
2010 |
| Jayashri Srikantiah |
Introduction |
16 Stanford Law and Policy Review 317 (2005) |
Immigration law over the past decade has been characterized by a sharp reduction in discretion and judicial oversight. Whereas earlier laws allowed for discretionary judgments in the case of individual non-citizens, current law calls for categorical elimination of discretion based on group determinations of blameworthiness. The individual story of... |
2005 |
| Doug Klusmeyer |
Introduction |
13 Georgetown Immigration Law Journal 153 (Symposium, 1999) |
During the last decade, citizenship has become a salient issue for policy-makers, scholars, immigrants, and the public at large. It has emerged as a chronic source of controversy in long-running debates over access to welfare benefits, criteria for naturalization, the legitimacy of plural nationality, and the accommodation of multicultural... |
1999 |
| Amalia D. Kessler |
Introduction to Special Issue |
15 Stanford Journal of Civil Rights & Civil Liberties 311 (June, 2020) |
This special issue of the Stanford Journal of Civil Rights & Civil Liberties emerges from a set of conversations here at Stanford Law School--sparked by the centennial of the Nineteenth Amendment--that also gave rise to the Stanford Center for Law and History's 2019 conference on Legal Histories and Legacies of the Nineteenth Amendment. The... |
2020 |
| 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 |
| E. Tendayi Achiume , James Thuo Gathii |
INTRODUCTION TO THE SYMPOSIUM ON RACE, RACISM, AND INTERNATIONAL LAW |
117 AJIL Unbound 26 (2023) |
In 2020, the United Nations Human Rights Council held its first ever special session on systemic racism, at the request of the Africa Group, and in the wake of a historic transnational racial justice uprising. The session marked a significant shift in global attention to systemic racial subordination as a global phenomenon, with a particular... |
2023 |
| Michael J. Wishnie |
Introduction: Immigration and Federalism |
58 New York University Annual Survey of American Law 283 (2002) |
Two of the most important legal trends of recent years have been the dramatic changes in the nation's immigration laws and the general devolution of decision-making authority from federal to state and local governments. The papers for this symposium address the convergence of these two trends, by examining the numerous issues of policy, principle,... |
2002 |
| Steven W. Bender |
Introduction: Old Hate in New Bottles: Privatizing, Localizing, and Bundling Anti-spanish and Anti-immigrant Sentiment in the 21st Century |
7 Nevada Law Journal 883 (Summer 2007) |
Anti-Spanish and anti-immigrant sentiment is nothing new in the U.S. As Lupe Salinas documents in his symposium contribution, these sentiments date back to the 1900s and earlier, and they include language regulation that targeted German and other eastern and southern European immigrants. During the 1980s, resurgent xenophobia against Latina/o and... |
2007 |
| Kathleen Kim |
Introduction: Perspectives on Immigration Reform |
44 Loyola of Los Angeles Law Review 1323 (Summer 2011) |
The United States is home to almost 40 million immigrants, representing more than 20 percent of the world's entire migrant population. Economic opportunity, religious freedom, and civil and political rights have attracted foreign nationals to the United States for decades. Our country has benefited from this long history of immigration, which has... |
2011 |
| L. Darnell Weeden |
Introduction: Race & Immigration Symposium |
44 Arizona State Law Journal L.J. 1 (Spring 2012) |
We the People of the United States, in Order to form a more perfect Union and establish Justice and Fairness for all persons, shall promote domestic Tranquility by giving Voice and constitutional Protections to all Immigrants dwelling with us, regardless of their racial identity or documentation status. This Race & Immigration Symposium issue,... |
2012 |
| Raquel E. Aldana |
Introduction: the Subordination and Anti-subordination Story of the U.s. Immigrant Experience in the 21st Century |
7 Nevada Law Journal 713 (Summer 2007) |
The five essays that comprise the immigration cluster for LatCrit XI focus on the living conditions of the immigrant student, mother and grandmother, undocumented worker and taxpayer, and the human trafficking victim, as well as on the laws and practices that regulate the lives of such people inside the United States. The protagonists in these... |
2007 |
| Gerald L. Neuman |
Introductory Comment |
31 Columbia Human Rights Law Review 473 (Summer, 2000) |
The Supreme Court's decision in Reno v. American-Arab Anti-Discrimination Committee (AADC) brought temporary closure to a legal struggle that has stretched on since 1987. The litigation involved competing claims of freedom of political speech and association on the one hand and immigration enforcement and suppression of terrorism on the other. It... |
2000 |
| Alina Camacho-Gingerich |
Introductory Comments |
27 Journal of Civil Rights & Economic Development 437 (Winter, 2014) |
On Friday, March 16, 2012, the Journal of Civil Rights and Economic Development of St. John's University's Ronald H. Brown Center for Civil Rights and Economic Development, St. John's School of Law, hosted an all-day symposium Border Patrols: The Legal, Racial, Social and Economic Implications of United States Immigration Policy. This symposium... |
2014 |
| Lindsay Nash |
INVENTING DEPORTATION ARRESTS |
121 Michigan Law Review 1301 (June, 2023) |
At the dawn of the federal deportation system, the nation's top immigration official proclaimed the power to authorize deportation arrests an extraordinary one to vest in administrative officers. He reassured the nation that this immense power--then wielded by a cabinet secretary, the only executive officer empowered to authorize these... |
2023 |
| Stewart Chang |
Is Gay the New Asian?: Marriage Equality and the Dawn of a New Model Minority |
23 Asian American Law Journal L.J. 5 (2016) |
Introduction. 5 I. Asian Immigration and the American Family: Shifting the Rhetoric From Exclusion to Assimilation. 9 A. Family Ideation and Early Stereotypes of Asians as Sexualized Yellow Peril. 11 B. Family Ideation and the Stereotyping of Asians as a Sexual Model Minority. 15 II. Why Gay Is Definitely Not the New Black: The Evolution of the Bad... |
2016 |
| Robert W. McGee , Yanira Petrides , Wendy Gelman |
IS GENDER A SIGNIFICANT DEMOGRAPHIC VARIABLE IN JURY SELECTION? RESULTS OF A SURVEY |
46 American Journal of Trial Advocacy 369 (Spring, 2023) |
The present study is part of a larger study that examines the relationship between attitudes toward crime and various other demographic variables, including gender, race and ethnicity, age, immigration status, political party affiliation (Democrat versus Republican), position on the political spectrum (left, right, centrist), marital status,... |
2023 |
| Shoba Sivaprasad Wadhia |
Is Immigration Law National Security Law? |
66 Emory Law Journal 669 (2017) |
Introduction. 670 I. Executive Branch. 672 A. Refugees. 672 B. Central American Families. 674 C. Restrictions Based on Race, Religion, Nationality, and Citizenship. 676 1. Legality. 678 2. Feasibility. 680 3. Moral Considerations: American Identity and Reputation. 681 II. Legislative Branch. 682 A. Comprehensive Immigration Reform. 682 B.... |
2017 |
| Eric L'Heureux Issadore |
Is Immigration Still Exclusively a Federal Power? A Preemption Analysis on Legislation by Hazleton, Pennsylvania Regulating Illegal Immigration |
52 Villanova Law Review 331 (2007) |
We do not care where they come from, we do not care what language they speak, but an illegal alien is not welcome in Hazleton! Although regulating immigrants entering into the United States is exclusively within the power of the federal government, the power to regulate illegal aliens already in the country may be shifting to cities and states as... |
2007 |
| John Tehranian |
Is Kim Kardashian White (And Why Does it Matter Anyway)? Racial Fluidity, Identity Mutability & the Future of Civil Rights Jurisprudence |
58 Houston Law Review 151 (Fall, 2020) |
With the world's most ubiquitous celebutante firmly cast in the starring role, this Article conducts an exegesis on the semiotics of Kim Kardashian's racial identity. In the process, the Article explores the social construction of race in action, weighs the individual agency possible in the racialization process, and further probes the reality of... |
2020 |
| Amanda Masters |
Is Procedural Due Process in a Remote Processing Center a Contradiction in Terms? Gandarillas-zambrana V. Board of Immigration Appeals |
57 Ohio State Law Journal 999 (1996) |
Oakdale, Louisiana is a small town of 6,837 people. The Immigration and Naturalization Service (INS) Federal Detention Center in Oakdale holds one thousand immigrants, and the Oakdale Federal Corrections Institution holds three hundred immigrants. These immigrants are in Oakdale because aliens, even legal permanent resident aliens, who are... |
1996 |
| Rachel E. Rosenbloom |
Is the Attorney General the Custodian of an Ins Detainee? Personal Jurisdiction and the "Immediate Custodian" Rule in Immigration-related Habeas Actions |
27 New York University Review of Law and Social Change 543 (2001-2002) |
Habeas corpus, the Great Writ, allows those in government custody to challenge the legality of their confinement. Individuals may petition federal courts for writs of habeas corpus to review such diverse forms of custody as state court criminal sentences, military draft orders, and orders of deportation. For those in the custody of the... |
2002 |
| Saby Ghoshray |
Is There a Human-rights Dimension to Immigration? Seeking Clarity Through the Prism of Morality and Human Survival |
84 Denver University Law Review 1151 (2007) |
She sat with him for a day, searching for water, never straying too far away for fear she could get lost. On Sunday, her little boy died . [Edith] Rodriguez had staggered and zigzagged in her dehydrated state. At one point, it took a half hour to track just 100 feet of her journey. Six hours later, they found the boy's body under a mesquite tree.... |
2007 |
| Gabriel J. Chin |
Is There a Plenary Power Doctrine? A Tentative Apology and Prediction for Our Strange but Unexceptional Constitutional Immigration Law |
14 Georgetown Immigration Law Journal 257 (Winter, 2000) |
This essay is an effort to predict what the Supreme Court will do with constitutional immigration law, focusing in particular on substantive categories of aliens who are not allowed to enter or remain in the United States. The Court's record in this context consists of a string of cases, over a century long, upholding with depressing regularity... |
2000 |
| Carlos R. Pastrana |
Is Your Law Firm Truly Committed to Diversity? |
93-SEP Wisconsin Lawyer 28 (September, 2020) |
Since relocating from Puerto Rico to the United States, the author has worked at national, regional, and local firms of all sizes. Although the racial compositions and level of fluency of each of these firms on the topics of diversity and inclusion varied, they all recognized that the legal services market is changing and shared a desire to adapt... |
2020 |
| Mutasim A. Ali |
ISRAEL'S ASYLUM REGIME: THE INCONSISTENCIES WITH NATIONAL AND INTERNATIONAL DUTIES |
31 Michigan State International Law Review 375 (2023) |
Since 2005, Israel has been a destination for refugees fleeing conflicts, repression, and political instability in some African countries, primarily Sudan, Eritrea, and western African countries. Until 2010, more than 26,000 refugees and asylum seekers entered Israel without authorization through the notorious Israeli-Egyptian borders. Due to the... |
2023 |
| Maria del Pilar Castillo |
Issues of Family Separation: an Argument for Moving Away from Enforcement-only Solutions to Our Immigration "Problem" |
25 Temple International and Comparative Law Journal 179 (Spring 2011) |
Please do not deport my parents because you will also deport a girl who only has a year left of high school and a dream to become something more than the daughter of illegal immigrants. What happens to the hope of a single child--anywhere--can enrich our world, or impoverish it. In October 2005, Ruby Arcos, a United States citizen and daughter of... |
2011 |
| L. Darnell Weeden |
It Is Discriminatory for Arizona or Society to Engage in the Anti-immigration Practice of Profiling Hispanics for Speaking Spanish |
12 Loyola Journal of Public Interest Law 109 (Fall 2010) |
This article addresses whether it is a discriminatory practice for Arizona or society to engage in the practice of profiling Hispanics for speaking Spanish. It first looks at whether the United States Constitution allows Arizona to implement an anti-immigration law, S.B. 1070, that creates a presumption that speaking Spanish by a person Hispanic in... |
2010 |
| Adam Crepelle |
IT SHOULDN'T BE THIS HARD: THE LAW AND ECONOMICS OF BUSINESS IN INDIAN COUNTRY |
2023 Utah Law Review 1117 (2023) |
Indian reservation economies have been in shambles for generations. Although some tribes operate successful gaming enterprises, no tribe has a vibrant private sector economy. Law and economics help explain why. Economics is the study of choices, and Indian country's complex legal rules deter businesses from investing on tribal land. After all, no... |
2023 |
| Elisa Vari |
Italy-libya Memorandum of Understanding: Italy's International Obligations |
43 Hastings International and Comparative Law Review 105 (Winter, 2020) |
In February 2017, Italy entered into an agreement with Libya, the Memorandum of Understanding (hereinafter, MoU), whereby the two countries committed to curbing what they referred to as illegal immigration from the Libyan coast to Italy. While Italy is providing the North African country with investments to further economic development and... |
2020 |
| Elisa Vari |
Italy-libya Memorandum of Understanding: Italy's International Obligations |
43 Hastings International and Comparative Law Review 105 (Winter, 2020) |
In February 2017, Italy entered into an agreement with Libya, the Memorandum of Understanding (hereinafter, MoU), whereby the two countries committed to curbing what they referred to as illegal immigration from the Libyan coast to Italy. While Italy is providing the North African country with investments to further economic development and... |
2020 |
| René Lima-Marín , Danielle C. Jefferis |
It's Just like Prison: Is a Civil (Nonpunitive) System of Immigration Detention Theoretically Possible? |
96 Denver Law Review 955 (Summer, 2019) |
This Essay questions a fundamental premise on which the U.S. civil immigration detention system is built: Is a civil--that is, nonpunitive--system of immigration detention even possible? The Supreme Court has not questioned this assumption. Most scholars who critique the state of immigration confinement in the United States assume the possibility... |
2019 |
| M. Hunter Rush |
IT'S MY PARTY, AND I'LL DO WHAT I WANT TO: MAKING THE CASE FOR JUDICIAL REVIEW OF NATIONAL INTEREST WAIVER DENIALS |
27 Washington and Lee Journal of Civil Rights and Social Justice 703 (Spring, 2021) |
Politics and personal beliefs have become increasingly intertwined since the founding of the United States. Few issues have divided Americans more than immigration laws and policies. This Note advances the argument that when a noncitizen's application for a National Interest Waiver is denied, there must be some recourse. The current problem is... |
2021 |
| Kevin R. Johnson |
It's the Economy, Stupid: the Hijacking of the Debate over Immigration Reform by Monsters, Ghosts, and Goblins (Or the War on Drugs, War on Terror, Narcoterrorists, Etc.) |
13 Chapman Law Review 583 (Spring 2010) |
The title to this conference -- Drug War Madness: Policies, Borders, and Corruption--brings to mind many images, few of them positive. Although Mexico is not mentioned in the conference title, much of the live symposium at which this paper was originally presented discussed drug war madness in connection with the United States and Mexico. My... |
2010 |
| Kerry Martin |
Jail by Another Name: Ice Detention of Immigrant Criminal Defendants on Pretrial Release |
25 Michigan Journal of Race and Law 147 (Winter, 2020) |
This Article assesses the legality of an alarming practice: Immigration and Customs Enforcement (ICE) routinely detains noncitizen criminal defendants soon after they have been released on bail, depriving them of their court-ordered freedom. Since the District of Oregon's decision in United States v. Trujillo-Alvarez, 900 F. Supp. 2d 1167 (D. Or.... |
2020 |
| Eisha Jain |
JAILHOUSE IMMIGRATION SCREENING |
70 Duke Law Journal 1703 (May, 2021) |
Within the past decade, U.S. interior immigration enforcement has shifted away from the street and into the jailhouse. The rationale behind jailhouse screening is to target enforcement efforts on those who fall within federal removal priorities. This Article shows how a program undertaken with the stated aim of targeting immigration enforcement has... |
2021 |
| 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 |
| Daniel H. Foote |
Japan's "Foreign Workers" Policy: a View from the United States |
7 Georgetown Immigration Law Journal 707 (December, 1993) |
In Japan, the issue of immigration--the so-called foreign workers problem --has been the focus of great attention and concern in recent years for many of the same reasons as in the United States and Europe. The current downturn in the Japanese economy may have reduced immediate pressures for reexamination of the status quo. Given the increasingly... |
1993 |
| Mary Holper |
JRAD REDUX: JUDICIAL RECOMMENDATION AGAINST IMMIGRATION DETENTION |
91 George Washington Law Review 561 (June, 2023) |
There is a dire need for bail reform in the immigration detention system. Scholars have suggested a variety of recommendations to improve the manner in which immigration detention decisions are made. All of these recommendations have rested on the assumption that there is a finite pool of decisionmakers: Immigration and Customs Enforcement, the... |
2023 |