| Author | Title | Citation | Summary | Year |
| Michelle Adams, Derek W. Black |
Equality of Opportunity and the Schoolhouse Gate, the Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind by Justin Driver Penguin Random House, 2018 |
128 Yale Law Journal 2302 (June, 2019) |
Public schools have generated some of the most far-reaching cases to come before the Supreme Court. They have involved nearly every major civil right and liberty found in the Bill of Rights. The cases are often reflections of larger societal ills and anxieties, from segregation and immigration to religion and civil discourse over war. In that... |
2019 |
| Fatma E. Marouf |
Executive Overreaching in Immigration Adjudication |
93 Tulane Law Review 707 (April, 2019) |
While Presidents have broad powers over immigration, they have traditionally shown restraint when it comes to influencing the adjudication of individual cases. The Trump Administration, however, has pushed past such conventional constraints. This Article examines executive overreaching in immigration adjudication by analyzing three types of... |
2019 |
| Stephen Lee |
Family Separation as Slow Death |
119 Columbia Law Review 2319 (December, 2019) |
During the Trump Administration, disturbing images of immigration officials forcibly separating parents from their children at the U.S.-Mexico border have rightly invited an onslaught of criticism. Voices across the political spectrum have called these actions immoral and insisted that this is not who we are. The underlying moral imperative of this... |
2019 |
| Shayak Sarkar |
Financial Immigration Federalism |
107 Georgetown Law Journal 1561 (August, 2019) |
Federal preemption doctrine constrains state power over undocumented immigrants. As courts and commentators focus on disputes over policing and removal, led by sanctuary cities and states, they overlook what I call financial immigration federalism. This Article uncovers emerging forms of financial immigration federalism while also reconsidering... |
2019 |
| Craig Estlinbaum |
Foreword |
60 South Texas Law Review 219 (2019) |
South Texas Law Review's 25th Annual Ethics Symposium in Criminal Law arrives at a critically important time. Criminal law reform has become a major discussion point around the state and nation in recent years. The discussions frequently focus on issues such as wrongful convictions, over-incarceration, racial disparities, immigration matters and... |
2019 |
| Penelope Andrews, New York Law School |
From Prohibited Immigrants to Citizens: the Origins of Citizenship and Nationality in South Africa. By Jonathan Klaaren. Cape Town: Uct Press, 2017 |
53 Law and Society Review 616 (June, 2019) |
Jonathan Klaaren has written an important study of the historic formation of South African citizenship against the backdrop of its admirable 1996 Constitution and Bill of Rights, its embrace of dignity and equality as founding principles, and especially the commitment in the Preamble: We, the people of South Africa . believe that South Africa... |
2019 |
| Amy Seilliere |
How Voluntary Abandonment of Permanent Resident Status and Coercion Don't Mix |
51 University of the Pacific Law Review 155 (2019) |
C1-2Table of Contents I. Introduction. 156 II. Background Of Immigration Issues and Form I-407. 158 A. Presumption of Abandonment of Permanent Resident Status Upon Leaving United States for a Long Period of Time. 159 B. Purpose and Advantages of Form I-407. 160 C. Internal Agency Documents and Manuals Regarding Form I-407. 161 III. How Do We Know... |
2019 |
| Lauren D. Allen |
Illegal Encouragement: the Federal Statute That Makes it Illegal to "Encourage" Immigrants to Come to the United States and Why it Is Unconstitutionally Overbroad |
60 Boston College Law Review 1205 (April, 2019) |
Abstract: Section 1324(a)(1)(A)(iv) of Title 8 of the United States Code makes it illegal to encourage an alien to come to or reside in the United States. Since that section's 1986 amendment, the circuits have struggled to adopt a consistent definition for encourage. Though some circuits have adopted a broad definition, the Third Circuit has... |
2019 |
| Vanessa Canuto |
Immigrants Are "People" Too: Constitutionalizing Free Speech Protections for Undocumented Immigrants |
17 First Amendment Law Review 403 (Spring, 2019) |
Imagine being a child trapped in a warehouse without your parents, no one to comfort you, and no knowledge of where your family is. Some children are forced to endure this at a young age, but most people cannot fathom the thought. This unfortunate reality is what the U.S. Border Patrol has been ordered to do to hundreds of children who are... |
2019 |
| Judge Rosemary Barkett |
Immigrants, Refugees and Women: International Obligations and the United States |
33 Emory International Law Review 493 (2019) |
PROFESSOR ABDULLAHI AN-NA'IM: Hello. My name is Abdullahi An-Na'im. I teach here at Emory Law School. I am responsible for a center called Center for International and Comparative Law. It is set in the [indiscernible] place in the corner where nobody seems to go. But please, we are delighted that you are here. This is really the highlight of our... |
2019 |
| Karla McKanders |
Immigration and Blackness |
44 Human Rights 20 (2019) |
Ms. L and her daughter S.S. entered the United States to apply for asylum in November 2017. The Catholic Church helped them flee persecution from their home country. They traveled through 10 countries over four months and requested asylum when they legally presented themselves at a port of entry near San Diego. Ms. L entered California along with... |
2019 |
| Kate Evans |
Immigration Detainers, Local Discretion, and State Law's Historical Constraints |
84 Brooklyn Law Review 1085 (Summer, 2019) |
The Trump administration assumed office armed with promises to eradicate unlawful immigration through an all-out assault. There would be no exceptions; everyone was a priority. The administration equated migrants with criminals in statement after statement. President Obama's [f]elons not families became a rallying cry for the Trump administration... |
2019 |
| Veena Bansal |
Immigration Status in Jury Trials: State Legislature & State Supreme Court Involvement in Combatting Jury Bias |
56 American Criminal Law Review Online Online 1 (Winter, 2019) |
In 2018, immigration was a controversial issue. On July 18, 2018 Mollie Tibbetts, a 20-year old student, was abducted while jogging through the rural town of Brooklyn, Iowa. She disappeared without a trace and her story took the news by storm. Over a month later, police arrested alleged undocumented immigrant, Cristian Rivera, for Mollie's murder.... |
2019 |
| Karla Mari McKanders |
Immigration to Blue Cities in Red States: the Battleground Between Sanctuary and Exclusion |
21 University of Pennsylvania Journal of Constitutional Law 1051 (March, 2019) |
An ongoing intrastate immigration regulation battle between cities, municipalities, and states with the Trump Administration intervening with litigation and executive orders has dominated the immigration federalism landscape. Some states, cities, and localities have passed sanctuary laws and policies seeking to protect immigrant communities by not... |
2019 |
| Shani M. King |
Immigration, Adoption and Our National Identity |
26 Duke Journal of Gender Law & Policy 85 (Spring, 2019) |
C1-2Table of Contents I. Introduction. 85 II. Intercountry Adoption: A Brief History. 86 A. Sending Countries. 87 B. Receiving Countries. 92 III. Legal Developments. 96 A. From Ad Hoc Response to Official Policy. 99 B. The Hague Convention and Its Implications for U.S. Policy. 100 IV. Conclusion. 106 |
2019 |
| César García Hernández |
Incarcerating Migrants |
60 South Texas Law Review 435 (2019) |
I'm going to steer us in a somewhat different direction, at least during the portion of my prepared remarks. I'm happy to talk about other issues about the intersection of criminal immigration law in the questions. But in my prepared remarks, I really want to take our focus out of the narrow and the more technical considerations about statutory... |
2019 |
| 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 |
| Bernard P. Perlmutter |
Judges Behaving Badly . Clinics Fighting Back: the Struggle for Special Immigrant Juveniles in State Dependency Courts in the Age of Trump |
82 Albany Law Review 1553 (2018-2019) |
When people talk about refugees, the words used are they, us or them. The moment of realization that we are a part of them, and they are a part of us, is the moment when we can begin to affect change. - Ai Weiwei, Law of the Journey In the first half of 2016, nearly 26,000 unaccompanied children--most of them from Central America--were... |
2019 |
| Evan F. McCarthy |
Justices, Justices, Look Through Your Books, and Make Me a Perfect Match: an Argument for the Realistic Probability Test in Cimt Removal Proceedings |
104 Iowa Law Review 2269 (May, 2019) |
ABSTRACT: The Immigration and Nationality Act provides a mechanism for automatic removal of aliens convicted of crimes involving moral turpitude. The problems resulting from trying to make law based on that phrase led immigration courts to adopt a categorical approach to statutory interpretation, which attempts to guarantee deportation based on... |
2019 |
| Wadie E. Said |
Law Enforcement in the American Security State |
2019 Wisconsin Law Review 819 (2019) |
This Article documents the evolution of the modern American police state and the symbiotic nature of the relationship between government actors across the three sectors of national security, domestic policing, and immigration enforcement. Policies from one area make their way into the other two, with the net result being that the powers of... |
2019 |
| Amada Armenta, Department of Urban Planning, University of California, Los Angeles |
Legal Passing: Navigating Undocumented Life and Local Immigration Law. By Angela S. García. Oakland: University of California Press, 2019 |
53 Law and Society Review 1390 (December, 2019) |
Angela S. García's excellent new book, Legal Passing: Navigating Undocumented Life and Local Immigration Law examines how federal, state, and local immigration laws shape the daily lives of undocumented Mexican immigrants. With clear prose and penetrating detail, the book upends popular narratives that depict undocumented immigrants as passively... |
2019 |
| Gillian R. Chadwick |
Legitimating the Transnational Family |
42 Harvard Journal of Law & Gender 257 (Summer, 2019) |
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 |
| Camille J. Mackler |
Most RelevantA 'Lawyers Caravan' Brings Legal Services to Upstate Immigrant Communities |
91-OCT New York State Bar Journal 29 (September/October, 2019) |
Sitting on the side of a country road, waiting for a young Guatemalan woman to emerge from a small clapboard house so that I could drive her to a local church, was not what I envisioned doing as a lawyer all those years ago in law school. Yet last May there I was, deep in New York's North Country, doing just that. Behind the small house, which was... |
2019 |
| David Cook-Martín , David Scott FitzGerald |
Most RelevantHow Their Laws Affect Our Laws: Mechanisms of Immigration Policy Diffusion in the Americas, 1790-2010 |
53 Law and Society Review 41 (March, 2019) |
Why do laws become similar across countries? Is the adoption of similar laws and policies due to factors operating independently within each country? Do countries develop similar rules in response to similar challenges? Or is the similarity of laws and policies due to the interdependent responses that scholars have referred to as processes of... |
2019 |
| David Hòa Khoa Nguy<>n |
Nativism in Immigration: the Racial Politics of Educational Sanctuaries |
19 University of Maryland Law Journal of Race, Religion, Gender and Class 102 (Spring, 2019) |
While comprehensive immigration reform--specifically the DREAM Act -- has yet to be passed and implemented, President Obama's Deferred Action for Childhood Arrivals (DACA) has opened access and opportunities for undocumented students. However, the election of President Donald Trump has sparked contentious political, societal, and litigious debates,... |
2019 |
| Garrett L. Hartley |
No Sanctuary: an Analysis of the Trump Administration's War on Sanctuary Jurisdictions |
49 Cumberland Law Review 355 (2018-2019) |
The emergence of sanctuary jurisdictions over the past three decades has given rise to new issues of federalism in immigration enforcement. The increasing number of state and local authorities that refuse to comply with federal immigration requirements has created a tension between these jurisdictions and the federal government. This has culminated... |
2019 |
| Susan Bibler Coutin |
'Otro Mundo Es Posible': Tempering the Power of Immigration Law Through Activism, Advocacy, and Action |
67 Buffalo Law Review 653 (May, 2019) |
Since the late 1970s, when the United States Congress commissioned the Select Commission on Immigration and Refugee Policy to reevaluate immigration law and policy, public debate over immigration to the United States has become increasingly intense and polarized. In recent years, United States President Donald J. Trump has denounced Mexican... |
2019 |
| Shalini Bhargava Ray |
Plenary Power and Animus in Immigration Law |
80 Ohio State Law Journal 13 (2019) |
After a campaign denigrating Muslims as sick people, blaming the children of Muslim Americans for terrorism, and promising to shut down Muslim immigration, and mere days after his inauguration, President Donald J. Trump banned the nationals of seven majority-Muslim countries from entry into the United States. In the litigation that followed,... |
2019 |
| Emily Ryo |
Predicting Danger in Immigration Courts |
44 Law and Social Inquiry 227 (February, 2019) |
Every year, the US government detains thousands of noncitizens in removal proceedings on the basis that they might pose a threat to public safety if released during the pendency of their removal proceedings. Using original audio recording data on immigration bond hearings, this study examines immigration judges' determinations regarding which... |
2019 |
| Dan Ordorica |
Presidential Power and American Fear: a History of Ina § 212(f) |
99 Boston University Law Review 1839 (September, 2019) |
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 |
| Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills |
'Race, Racism, and American Law': a Seminar from the Indigenous, Black, and Immigrant Legal Perspectives |
21 Scholar: St. Mary's Law Review on Race and Social Justice Just. 1 (2019) |
Introduction. 2 I. Our Approach: Themes, Goals, and Collaboration. 9 A. Common Threads and Themes. 9 B. Self-Disclosure, Objectivity, and Reflective Practice. 12 C. Collaboration. 17 D. Lawyering Skills. 19 II. The Class: Objectives, Schedule, and Assessments. 20 III. How the Class Unfolded: Issues and Related Events. 26 IV. Lessons Learned. 28... |
2019 |
| Annie Flanagan |
Resisting Racialized Immigration Enforcement Through Community Bond Funds |
11 Georgetown Journal of Law & Modern Critical Race Perspectives 45 (Spring, 2019) |
C1-3Table of Contents I. Introduction. 45 II. Immigration Detention. 49 A. Development of the Legal Framework for Immigration Detention. 49 B. The Experience of Immigration Detention. 50 C. Race, Crime, and Enforcement of Immigration Laws. 51 III. The Pretrial Justice Movement. 52 A. Historical Development of the Movement. 53 B. Lessons from... |
2019 |
| David Hòa Khoa Nguyen |
Sanctuary Schools in the P-20 Pipeline: Policies to Consider |
368 West's Education Law Reporter 583 (October 3, 2019) |
President Trump's immigration policies have sparked contentious political, societal, and litigious debates surrounding undocumented immigration and specifically education for undocumented students. In response, many municipalities and college campuses have declared themselves as sanctuaries-adopting policies to refuse to collaborate and cooperate... |
2019 |
| Casey L. Chalbeck |
Separating the Hands: Why Reorganization-oriented Abolitionism Won't Meaningfully Change Ice |
34 Georgetown Immigration Law Journal 79 (Fall, 2019) |
Under this president, who's now letting us do our job and taking the handcuffs off the men and women of the Border Patrol and ICE, arrests are up. - Thomas Homan, Former Immigration and Customs Enforcement Acting Director. Any essential functions carried out by ICE that do not violate fundamental due process and human rights can be executed with... |
2019 |
| Huyen Pham , Pham Hoang Van |
Subfederal Immigration Regulation and the Trump Effect |
94 New York University Law Review 125 (April, 2019) |
The restrictive changes made by the Trump presidency on U.S. immigration policy have been widely reported: the significant increases in both interior and border enforcement, the travel ban prohibiting immigration from majority-Muslim countries, and the decision to terminate the Deferred Action for Childhood Arrivals (DACA) program. Beyond the... |
2019 |
| David A. Super |
The Future of U.s. Immigration Law |
53 U.C. Davis Law Review 509 (November, 2019) |
President Trump has exposed the longstanding inadequacy in the accepted model of immigration law. This model assumes that preferences range linearly from strongly pro-immigrant to strongly anti-immigrant, with centrist business groups holding the balance of power. This linear model ignores fundamental differences among family-based, humanitarian,... |
2019 |
| Eisha Jain |
The Interior Structure of Immigration Enforcement |
167 University of Pennsylvania Law Review 1463 (May, 2019) |
Deportation dominates immigration policy debates, yet it amounts to a fraction of the work the immigration enforcement system does. This Article maps the interior structure of immigration enforcement, and it seeks to show how attention to its structure offers both practical and conceptual payoffs for contemporary enforcement debates. First,... |
2019 |
| Tremaine Hemans |
The Intersection of Race, Bond, and "Crimmigration" in the United States Immigration Detention System |
22 University of the District of Columbia Law Review 69 (Spring, 2019) |
The United States (U.S.) Supreme Court's recent decision in Jennings v. Rodríguez has potentially opened another avenue for people of color to become entangled in the U.S.' predatory immigration system, through the denial of bail hearings. Denial of periodic bond hearings ensures that many detainees in immigration facilities will be held... |
2019 |
| Mila Sohoni |
The Trump Administration and the Law of the Lochner Era |
107 Georgetown Law Journal 1323 (May, 2019) |
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 |
| Rose Cuison Villazor , Kevin R. Johnson |
The Trump Administration and the War on Immigration Diversity |
54 Wake Forest Law Review 575 (Spring, 2019) |
As candidate and President, Donald Trump has unabashedly expressed his disdain for immigrants of color and demonstrated an unmistakable commitment to restrict their immigration to the United States. Contemptuous words about immigrants translated into concrete policies designed to restrict the number of immigrants entering and remaining in the... |
2019 |
| Talia Peleg, Ruben Loyo |
Transforming Deportation Defense: Lessons Learned from the Nation's First Public Defender Program for Detained Immigrants |
22 CUNY Law Review 193 (Winter, 2019) |
The unprecedented pace of deportations in recent years has led to increased investment, at the local level, in the provision of high volume legal services to immigrants facing deportation. Each investment in greater legal representation of noncitizens offers unique opportunities to raise the bar in a practice area that has been plagued by low... |
2019 |
| Pablo Chapablanco |
Traveling While Hispanic: Border Patrol Immigration Investigatory Stops at Tsa Checkpoints and Hispanic Appearance |
104 Cornell Law Review 1401 (July, 2019) |
Introduction. 1402 I. A Brief History of the United States Border Patrol and Its Impact in the Southern Border. 1407 A. The Early Beginnings of the United States Border Patrol. 1407 B. The United States Border Patrol's Focus on Mexican Immigrants. 1408 C. The United States Border Patrol Today. 1410 II. The Fourth Amendment in Immigration Law... |
2019 |
| Ediberto Román, Ernesto Sagás |
Trump and Caribbean Xenophobia: the United States and the Dominican Republic |
46 Rutgers Law Record 103 (2018-2019) |
The election of Donald Trump unleashed efforts to demonize immigrants, resembling the height of xenophobia in the twentieth century. While his attacks on immigrants, particularly Mexican immigrants, have come with a religious-like zeal, unfortunately, Trump's rhetoric is nothing new in the United States. Quite the opposite, Trump's use of old... |
2019 |
| Mason Leal |
Trump Card: What the End of Deferred Action for Childhood Arrivals Means for Texas and its Administrative Agencies |
20 Texas Tech Administrative Law Journal 123 (Spring, 2019) |
I. Introduction. 123 II. The History of DACA. 126 A. How DACA Began. 126 B. How DACA Works. 128 C. Texas's Position: Anti-Immigrant Litigation and Legislation. 130 III. The Trump Administration's Flawed Rationale for Rescinding DACA. 134 IV. How the End of DACA Could Affect Texas and Its Administrative Agencies. 137 A. Economic Impact. 138 B.... |
2019 |
| Caroline Holliday |
U.s. Citizens Detained and Deported? A Test of the Great Writ's Reach in Protecting Due Process Rights in Removal Proceedings |
60 Boston College Law Review E-Supplement II.-217 (April 1, 2019) |
Abstract: Every year, the U.S. government unlawfully detains a significant number of U.S. citizens and places them in immigration removal proceedings. Before the United States Court of Appeals for the Tenth Circuit's 2018 decision in Gonzalez-Alarcon v. Macias, four circuits had held that an individual in removal proceedings with a valid claim to... |
2019 |
| Emily Ryo |
Understanding Immigration Detention: Causes, Conditions, and Consequences |
15 Annual Review of Law and Social Science 97 (2019) |
immigration detention, immigration enforcement, civil confinement, criminal incarceration During the summer of 2018, the US government detained thousands of migrant parents and their separated children pursuant to its zero-tolerance policy at the United States-Mexico border. The ensuing media storm generated unprecedented public awareness about... |
2019 |
| Monika Batra Kashyap |
Unsettling Immigration Laws: Settler Colonialism and the U.s. Immigration Legal System |
46 Fordham Urban Law Journal 548 (June, 2019) |
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 |
| Catherine Powell |
We the People: These United Divided States |
40 Cardozo Law Review 2685 (August, 2019) |
C1-2Table of Contents Introduction. 2687 I. Adapting Ely's Notion of Correcting Political Market Failure. 2697 A. Immigrants' Rights: The Problem of Minority Underrepresentation. 2698 B. Climate Policy: The Problem of Regulatory Capture by Influential Economic Minorities. 2703 C. Immigration and Climate Policies: Informational Asymmetries and... |
2019 |
| Kelly McGee |
What's So Exceptional about Immigration and Family Law Exceptionalism? An Analysis of Canonical Family and Immigration Law as Reflective of American Nationalism |
20 Georgetown Journal of Gender and the Law 699 (Symposium, 2019) |
Introduction 699 I. Immigration and Family Law Canon Intersect 701 II. Survived and Punished: A Corrective Lens 701 III. Immigration Law Exceptionalism 702 A. Family Unity Narratives 704 B. A Blurred Line: Family and Immigration Law 706 IV. Family Law Exceptionalism 707 A. The Failed Promise Of Parental Rights: Family Law Exceptionalism and the... |
2019 |
| Sarah Lamdan |
When Westlaw Fuels Ice Surveillance: Legal Ethics in the Era of Big Data Policing |
43 New York University Review of Law and Social Change 255 (2019) |
Legal research companies are selling surveillance data and services to U.S. Immigration and Customs Enforcement (ICE) and other law enforcement agencies. This Article discusses ethical issues that arise when lawyers buy and use legal research services sold by the same vendors responsible for building ICE's surveillance systems. As the legal... |
2019 |