AuthorTitleCitationSummaryYear
Ingrid V. Eagly Local Immigration Prosecution: a Study of Arizona Before Sb 1070 58 UCLA Law Review 1749 (August, 2011) Arizona's Senate Bill 1070 has focused attention on whether federal law preempts the prosecution of state immigration crime in local criminal courts. Absent from the current discussion, however, is an appreciation of how Arizona's existing body of criminal immigration law--passed well before SB 1070 and currently in force in the state--functions on... 2011
Azadeh Shahshahani Local Police Entanglement with Immigration Enforcement in Georgia 2017 Cardozo Law Review de novo 105 (2017) C1-2Table of Contents Introduction. 105 I. Section 287(g). 106 II. House Bill 87. 111 III. Secure Communities. 113 IV. Priority Enforcement Program. 116 Conclusion. 118 2017
Linda Reyna Yanez , Alfonso Soto Local Police Involvement in the Enforcement of Immigration Law 1 Hispanic Law Journal L.J. 9 (1994) C1-6TABLE OF CONTENTS L1-6 I. L2-5,T5Introduction 11 II. L2-5,T5Risk of Civil Rights Violations 12 A. L3-5,T5Reported Incidents 13 1. L4-5,T5United States v. Perez-Castro 14 2. L4-5,T5Cervantez v. Withfield 14 B. L3-5,T5Constitutional Standards at Issue 15 1. L4-5,T5Search and Seizure Law 16 2. L4-5,T5Equal Protection 20 III. L2-5,T5Defining the... 1994
Bharath Gururagavendran LOCATING NOVEL PROTECTIONS FOR THE TRADITIONAL KNOWLEDGE OF INDIGENOUS COMMUNITIES IN CUSTOMARY INTERNATIONAL LAW 27 UCLA Journal of International Law and Foreign Affairs 101 (Fall, 2023) The international community is currently in the process of establishing multiple frameworks for protecting the traditional knowledge (TK) of indigenous peoples including through initiatives such as the Nagoya Protocol (under the Convention on Biological Diversity (CBD)), and the Intergovernmental Committee on Intellectual Property and Genetic... 2023
Juliet P. Stumpf Looking for Wrongs in All the Right Places 42 New England Journal on Criminal and Civil Confinement 191 (Spring 2016) This contribution to the symposium on crimmigration law identifies Padilla v. Kentucky as the center of gravity of contemporary crimmigration law. This essay describes Padilla v. Kentucky as modeling a counter-intuitive approach to recognition of rights. Rather than seeking to sow a right to counsel in the contested field of immigration law,... 2016
James M. Rice Looking past the Label: an Analysis of the Measures Underlying "Sanctuary Cities" 48 University of Memphis Law Review 83 (Fall, 2017) I. Introduction. 85 II. Background. 90 A. Religious Community Development of the Sanctuary Movement. 90 B. Increased Interior Enforcement and the Expansion of the Sanctuary Movement. 92 III. Immigration Enforcement and The Impact of Sanctuary Measures. 96 A. Level of Immigration Enforcement. 97 B. The Effect of Sanctuary Measures on ICE. 98 1.... 2017
Kevin R. Johnson Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement 1993 Brigham Young University Law Review 1139 (1993) C1-3Table of Contents I. Introduction. 1140 II. Political Power of the New Immigrants. 1149 A. Immigrants Past and Present. 1150 1. Limitations on noncitizen influence. 1153 2. The vocal, sometimes successful, minority. 1158 B. The New Nativism and Its Impact. 1162 C. Political Failure and Haitian Repatriation. 1175 D. Preliminary Observations.... 1993
Juan F. Perea Los Olvidados: on the Making of Invisible People 70 New York University Law Review 965 (October, 1995) In his recent book, Latinos, Earl Shorris poignantly describes Bienvenida Petion, a Jewish Latino immigrant, who clings to her language and culture as if they were life itself. When Bienvenida dies, it is not of illness, but of English. Bienvenida dies of English when she is confined to a nursing home where no one speaks Spanish, an environment... 1995
Liav Orgad Love and War: Family Migration in Time of National Emergency 23 Georgetown Immigration Law Journal 85 (Fall, 2008) Is there a constitutional right to family-sponsored immigration? What does love have to do with it? Is family immigration about rights of citizens or interests of aliens? Can the nation invoke the war justification for regulating family immigration by excluding enemy aliens en masse? Can the nation stigmatize alien family members as a potential... 2008
Asees Bhasin LOVE IN THE TIME OF ICE: HOW PARENTS WITHOUT PAPERS ARE STRIPPED OF THE RIGHT TO RAISE THEIR CHILDREN IN A SAFE AND HEALTHY ENVIRONMENT 36 Georgetown Immigration Law Journal 875 (Spring, 2022) This Article analyzes narratives around immigrant reproduction and traces the construction of immigrants as bad and unfit parents. It seeks to connect these perceptions, which are driven by nativist and racist beliefs, to the formulation of laws and policies that are designed to unleash violence and fear on undocumented people and their families.... 2022
Lindsey Rubin Love's Refugees: the Effects of Stringent Danish Immigration Policies on Danes and Their Non-danish Spouses 20 Connecticut Journal of International Law 319 (Summer, 2005) Denmark may long have been perceived as the small, friendly country which gave the world Lego, Hans Christian Andersen and the beauty of Copenhagen . [b]ut Denmark no longer has a reputation as an open, cosy [sic] society where policemen stop the traffic to allow ducks to cross the road. At age eighteen Christina Reves could vote, die for her... 2005
Jennifer M. Chacón Loving Across Borders: Immigration Law and the Limits of Loving 2007 Wisconsin Law Review 345 (2007) I. Introduction. 345 II. Immigration Restrictions and Antimiscegenation Laws. 348 A. Admission Policy and the Social Construction of Race. 350 B. Nationality Laws and the Policing of the Color Line. 356 III. Where Loving Never Tread: How the Law Still Regulates Intimacy. 358 A. Immigration, Nationality, and the Family. 359 B. Immigration and... 2007
Eric J. Miller LOVING REPARATIONS 94 University of Colorado Law Review 395 (Spring, 2023) Introduction. 395 I. Brief History of the Massacre. 398 II. Loving Blackness Through Reparations. 404 III. More than Economic Reparations. 407 IV. Group and Community Eligiblity. 411 Conclusion: What Does Solidarity Look Like?. 412 2023
Dolores S. Atencio LUMINARIAS: AN EMPIRICAL PORTRAIT OF THE FIRST GENERATION OF LATINA LAWYERS 1880-1980 39 Chicana/o-Latina/o Law Review 1 (2023) C1-2Table of Contents Prologue. 3 Introduction. 9 I. The Luminarias Study. 13 A. Methodology. 13 B. Who is Latina? The Complex Nature of Self-Identification Inside and Outside the Latino Community. 16 C. Ethical Considerations in Categorizing Luminarias as Latinas. 22 1. Rosalind Goodrich Bates, LL.B 1926 Southwestern Law-Los Angeles, Admitted... 2023
Emlyn Medalla MADE FOR EXPORT: HOW U.S. AND PHILIPPINE POLICIES COMMODIFY AND TRAFFICK FILIPINO NURSES 26 CUNY Law Review 139 (Winter, 2023) I. Introduction. 140 A. Author's Note on Language. 141 II. How U.S. Intervention Fabricated a System of Nurse Mass Migration. 142 A. Cheap Skilled Nurses for the Global Market: A Product of Modern Colonization. 142 B. The Philippines' Labor Export Economy: A Product of Continued Subjugation. 144 i) The Philippines' Flag Independence. 144 ii)... 2023
Kunal M. Parker Making Blacks Foreigners: the Legal Construction of Former Slaves in Post-revolutionary Massachusetts 2001 Utah Law Review 75 (2001) How might one conceive of African-American history as U.S. immigration history, and with what implications for our understanding of immigration itself? The historiography of U.S. immigration has been heavily invested in producing an idea of immigrants as individuals who move from there to here, with both there and here taken to be actually... 2001
Mark Noferi Making Civil Immigration Detention "Civil," and Examining the Emerging U.s. Civil Detention Paradigm 27 Journal of Civil Rights & Economic Development 533 (Winter, 2014) In 2009, the Obama Administration began to reform its sprawling immigration detention system by asking the question, How do we make civil detention civil? Five years later, after opening an explicitly-named civil detention center in Texas to public criticism from both sides, the Administration's efforts have stalled. But its reforms, even if... 2014
Hiroshi Motomura MAKING IMMIGRATION LAW 134 Harvard Law Review 2794 (June, 2021) C1-2CONTENTS Introduction. 2795 I. Looking Outward. 2797 A. Foreign Affairs. 2798 B. The Parole Power. 2799 C. The Suspension Power. 2800 D. International Immigration Power. 2802 II. Looking Inward. 2804 A. Beyond Conventional Wisdom. 2805 B. Discretion, Delegation, and the Shadow System. 2808 C. Familiar Answers, New Questions. 2810 III.... 2021
Naseam Jabberi MAKING MARYLAND A SANCTUARY STATE - THE BATTLE OF IMMIGRATION ENFORCEMENT THROUGHOUT MARYLAND 51 University of Baltimore Law Forum 124 (Spring, 2021) In recent years, issues of immigration have become a main topic of discussion throughout the United States. With President Trump basing a major campaign point on an idea of mass deportation, the concept of immigration enforcement became a front and center issue for many individuals. In one of the President's campaign announcements, he made it clear... 2021
Denise Gilman MAKING PROTECTION UNEXCEPTIONAL: A RECONCEPTUALIZATION OF THE U.S. ASYLUM SYSTEM 55 Loyola University Chicago Law Journal 1 (Fall, 2023) The United States treats asylum as exceptional, meaning that asylum is presumptively unavailable and is offered only in rare cases. This exceptionality conceit, combined with an exclusionary apparatus, creates a problematic cycle. The claims of asylum seekers arriving as part of wide-scale refugee flows are discounted, and restrictive policies are... 2023
Rachel Insalaco MAKING THE EXTRAORDINARY ORDINARY: EXAMINING THE IMPACT OF SHIFTING IMMIGRATION POLICIES ON PROFESSIONAL ATHLETICS IN THE UNITED STATES 28 Jeffrey S. Moorad Sports Law Journal 93 (2021) The beginning of professional sports in the United States can be traced back to 1871 with the establishment of the National Association of Professional Base Ball Players (NA), the country's first professional sports league. The years following the NA's establishment saw the emergence of competing professional baseball leagues to capitalize on the... 2021
Sarah Paoletti Making Visible the Invisible: Strategies for Responding to Globalization's Impact on Immigrant Workers in the United States 13 Indiana Journal of Global Legal Studies 105 (Winter, 2006) This article explores the impact of globalization on immigrant workers in the United States. Although Congress created programs to provide vocational training services and cash allowances to workers who qualified by virtue of having lost their jobs as a result of the adverse impacts of trade, these programs have done little to assist many of the... 2006
J.S. Nelson Management Culture and Surveillance 43 Seattle University Law Review 631 (Winter, 2020) As the modern workplace increasingly adopts technology, that technology is being used to surveil workers in ways that can be highly invasive. Ostensibly, management uses surveillance to assess workers' productivity, but it uses the same systems to, for example, map their interpersonal relationships, study their conversations, collect data on their... 2020
Neha Jain MANUFACTURING STATELESSNESS 116 American Journal of International Law 237 (April, 2022) Having recently emerged from its unenviable status as the runt of international law, the phenomenon of statelessness nonetheless eludes traditional international legal instruments. Confronted with questions of nationality that typically fall within the domain of sovereignty, international and regional human rights bodies struggle to rein in the... 2022
Simi N. A. Junior Many Strands: Immigration Reform and the Effect of Mexican Migration on African American Unemployment 10 Rutgers Race & the Law Review 487 (2009) America is woven of many strands; I would recognize them and let it so remain . . . . Our fate is to become one, and yet many--This is not prophecy, but description. The events of that day were unforgettable. A grainy videotape showed a black man being viciously beaten by four white police officers. What appeared to be an act of racial savagery was... 2009
Megan Doherty Bea , Emily S. Taylor Poppe MARGINALIZED LEGAL CATEGORIES: SOCIAL INEQUALITY, FAMILY STRUCTURE, AND THE LAWS OF INTESTACY 55 Law and Society Review 252 (June, 2021) Social classifications are increasingly interrelated, far-reaching, and consequential for socioeconomic outcomes. We use the concept of marginalized legal categories to describe how the law disadvantages individuals or groups by transforming inherently ordered social classifications into consequential legal categories, employing intestacy laws as... 2021
Gregory Brazeal MARKETS AS LEGAL CONSTRUCTIONS 91 University of Cincinnati Law Review 595 (2023) C1-2Contents I. Introduction. 595 II. Government Versus the Market in the Reagan Era. 601 A. The Evidence. 602 1. The Tea Party--and Richard Posner. 602 2. From Laissez Faire to Free Enterprise. 606 3. Milton Friedman, Ayn Rand, and the Freedom School. 609 4. Contemporary Testimony. 614 5. Thomas Piketty versus Mehrsa Baradaran. 621 B. A... 2023
Anna Carron Marriage-based Immigration for Same-sex Couples after Doma: Lingering Problems of Proof and Prejudice 109 Northwestern University Law Review 1021 (Summer 2015) Introduction. 1022 I. Background: Marriage in the Immigration Context. 1025 A. Immigration Law Restrictions and Preferential Treatment for Spouses of U.S. Citizens. 1026 B. Only Valid and Bona Fide Marriages Count for Immigration Purposes. 1027 C. Procedures for Obtaining a Spousal Visa. 1030 D. Discretion and Deference in the Immigration... 2015
Ellen D. Katz MARY LOU GRAVES, NOLEN BREEDLOVE, AND THE NINETEENTH AMENDMENT 20 Georgetown Journal of Law & Public Policy 59 (Winter, 2022) This close examination of two cases is part of a larger ongoing project to provide a distinct account of the Nineteenth Amendment. In 1921, the Alabama Supreme Court held the Nineteenth Amendment required that any poll tax be imposed equally on men and women. Sixteen years later, the Supreme Court disagreed. Juxtaposing these two cases, and telling... 2022
Sara Zampierin MASS E-CARCERATION: ELECTRONIC MONITORING AS A BAIL CONDITION 2023 Utah Law Review 589 (2023) Over the past decade, the immigration and criminal legal systems have increasingly relied on electronic monitoring as a bail condition; hundreds of thousands of people live under this monitoring on any given day. Decisionmakers purport to impose these conditions to release more individuals from detention and to maintain control over individuals... 2023
Jamillah Bowman Williams MAXIMIZING #METOO: INTERSECTIONALITY & THE MOVEMENT 62 Boston College Law Review 1797 (June, 2021) Introduction. 1798 I. The Law Continues to Fail Women of Color Thirty Years After Kimberlé Crenshaw's Intersectionality Insights. 1809 A. Intersectionality Theory. 1811 B. Federal Protection Disproportionately Excludes Women of Color. 1814 C. Mandatory Arbitration Silences Women of Color. 1818 D. Women of Color Are Marginalized Due to False... 2021
Mimi E. Tsankov , Christina J. Martin Measured Enforcement: a Policy Shift in the Ice 287(g) Program 31 University of La Verne Law Review 403 (May, 2010) On any given Tuesday, Thursday, and Saturday morning, representatives of the Esperanza Immigrant Rights Project of Catholic Charities of Los Angeles, Inc. (hereinafter Esperanza) convene inmates at the Los Angeles County Men's Central Jail (MCJ) to participate in a legal rights presentation. This presentation guides foreign-born males at MCJ... 2010
Kevin Lam Mediating Domestic Violence Disputes in Chinese Immigrant Families in the U.s.: the Case for Court-appointed Mediation Programs 17 Cardozo Journal of Conflict Resolution 989 (Spring 2016) Chinese immigrants, particularly those that lack legal status, have historically mistrusted the U.S. legal system. Not only are they wary of the adversarial nature of court proceedings, but also language and cultural barriers frequently prevent them from gaining meaningful access to relief. As a result, issues that arise from within the Chinese... 2016
Linda S. Bosniak Membership, Equality, and the Difference Thatalienage Makes 69 New York University Law Review 1047 (December 1, 1994) Rising American concern over a perceived immigration crisis makes it a virtual certainty that courts will once again grapple with questions concerning the meaning and significance of alienage as a legal status category. Proposition 187, California's recently approved anti-immigration ballot initiative, may represent the most dramatic legislative... 1994
Claudia Fendian MENTAL HEALTHCARE FOR IMMIGRANTS AND FIRST-GENERATION FAMILIES: ERASING THE STIGMA AND CREATING SOLUTIONS 24 Journal of Health Care Law and Policy 1 (2021) In the U.S., one in four people suffer from some sort of mental illness. Additionally, in the U.S., one in four people are immigrants or first-generation Americans. Tens of millions of people in the U.S. are in need of mental healthcare resources, and many of them are immigrants or first-generation individuals. With immigrants facing their own set... 2021
Leticia M. Saucedo Mexicans, Immigrants, Cultural Narratives, and National Origin 44 Arizona State Law Journal 305 (Spring 2012) This article explores U.S. cultural narratives about Mexicans and immigrants and their ultimate effect on the evolution of national origin jurisprudence in workplace anti-discrimination law. Several scholars have argued that national-origin jurisprudence fails to account for the racialized history of Mexicans in this country and have called for a... 2012
Eduardo Grajales Gonzalez, Kelsey Quigley, Nicole Castillo, Eduardo Grajales Gonzalez, Sheila Barradas, Edgar Jaramillo, Mariana Garcia, Mariana Rivera, Alison Silva, Eduardo Gonzalez, Kalani Hawks Villafranca, Paula Amato Ruffo, Leonel Perez Nieto, Eduar MEXICO 57 The Year in Review (ABA) 69 (2023) This article surveys significant legal developments in Mexico in 2022. In 2022, the Mexican Supreme Court addressed the constitutionality of three high-profile energy, criminal detention, and immigration policies. The decisions in these cases substantively alter Mexico's legal system, economically and politically impacting the country's public... 2023
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
Elvia R. Arriola , Virginia M. Raymond Migrants Resist Systemic Discrimination and Dehumanization in Private, For-profit Detention Centers 15 Santa Clara Journal of International Law L. 1 (February 1, 2017) It gives me much pleasure to participate in this hunger strike. I cannot bear this punishment any more. I am dying of desperation, of this injustice, of this cruelty. We are immigrants, not criminals. To treat us like this--they must have no heart, they are of iron--as if we are not human. They treat us like dogs. Maribel, in the T. Don Hutto... 2017
Leti Volpp Migrating Identities: on Labor, Culture, and Law 27 North Carolina Journal of International Law and Commercial Regulation 507 (Spring 2002) If Asians would just stop abusing their own, we'd be rid of sweatshops. When is the language of culture used to explain the exploitation of immigrant workers? Cultural pathology arguments are made by those seeking to defend corporate practices and in turn, are invoked by advocates defending the rights of immigrant workers. This essay examines the... 2002
Aashini Choksi MILLIONS OF MIGRANTS: IMPLEMENTING A GOVERNANCE FRAMEWORK FOR CLIMATE REFUGEES IN INDIA 30 U.C. Davis Journal of International Law and Policy 1 (2023) C1-3Table of Contents I. INTRODUCTION. 2 II. CLIMATE MIGRATION IN INDIA. 5 A. Climate Change Impacts. 6 B. Climate-Induced Migration. 7 C. Effect on Human Rights. 9 III. EXISTING LEGAL PROTECTIONS FOR CLIMATE REFUGEES IN INDIA. 11 A. Constitution of India. 12 B. Judicial Decisions. 13 C. Rights-Based Protections. 16 IV. INTERNATIONAL EFFORTS TO... 2023
Raquel J. Gabriel Minority Groups and Intimate Partner Violence: a Selected Annotated Bibliography 19 Saint Thomas Law Review 451 (Spring 2007) ABSTRACT: This bibliography is designed to be an introduction to the topic of domestic/intimate partner violence within the broad definition of those traditionally identified as minority groups. Towards that end, the selected annotations cover African American, Asian, Disabled, Immigrant, Latina, and Native American populations. It is intended to... 2007
John L. Pollock Missing "Persons": Expedited Removal, Fong Yue Ting, and the Fifth Amendment 41 Arizona Law Review 1109 (Winter, 1999) In 1996 Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). This law cemented the recent trend of cracking down on illegal immigration by increasing the number of border patrols, limiting judicial review, and introducing new penalties for a variety of immigration control violations. This anti-immigrant... 1999
Ava Ayers MISSING IMMIGRANTS IN THE RHETORIC OF SANCTUARY 2021 Wisconsin Law Review 473 (2021) The idea of sanctuary for undocumented immigrants started among activists and was soon adopted by governments. In this process, the idea changed. This Article follows sanctuary's changing moral content by studying the reasons that states and localities give when they adopt sanctuary policies limiting their cooperation with federal immigration... 2021
Jillian S. Hishaw Mississippi Is Burning Georgia's Peaches Because Alabama Is No Longer a Sweet Home: a Legislative Analysis of Southern Discomfort Regarding Illegal Immigration 58 South Dakota Law Review 30 (2013) I. INTRODUCTION II. WE'VE BEEN HERE BEFORE III. NORTH AMERICAN FREE TRADE AGREEMENT IV. THE CHINA EFFECT V. SWEET HOME ALABAMA VI. I'VE GOT GEORGIA ON MY MIND VII. MISSISSIPPI BURNING VII. POSITIVE IMPLICATIONS OF STATE IMMIGRATION REFORM IX. GUEST WORKER PROGRAM A. H-2A Guest Worker Program B. Helping Agriculture Receive Verifiable Employees... 2013
Tori Andrea Missouri Steps up Efforts in Immigration Enforcement 22 Georgetown Immigration Law Journal 357 (Winter, 2008) On August 27, 2007, Governor of Missouri Matt Blunt announced a series of new initiatives that increase the purview of state law enforcement officials to enforce laws against illegal immigration. We cannot be complacent about illegal immigration, Governor Blunt stated, and we cannot wait for Washington to stop unlawful immigration. Accordingly,... 2008
Sylvia R. Lazos Vargas Missouri, the "War on Terrorism," and Immigrants: Legal Challenges Post 9/11 67 Missouri Law Review 775 (Fall 2002) The 2000 census confirmed what many already knew--the traditional image of what it means for Missouri to be a heartland state is changing. The 2000 census shows that the fastest growing racial/ethnic group in Missouri are Latinos. A total of 118,592 Missourians self identify as Latinos, almost doubling during the last decade. Latino growth has... 2002
Vasanthi Venkatesh Mobilizing under "Illegality": the Arizona Immigrant Rights Movement's Engagement with the Law 19 Harvard Latino Law Review 165 (Spring, 2016) Arizona has been in the news for the past few years not only for its vituperative, anti-immigrant polices, but also for the impressive immigrant rights movement that continues to spawn new coalitions and new activisms. The large numbers of cases that were and continue to be litigated and the innovative use of law to mobilize present a paradox since... 2016
Roland Estevez Modern Application of the Cuban Adjustment Act of 1966 and Helms-burton: Adding Insult to Injury 30 Hofstra Law Review 1273 (Summer 2002) Remember, remember always that all of us, and you and I especially, are descended from immigrants and revolutionists.--President Franklin D. Roosevelt In the summer of 1955, while in the Mexican apartment of Cuban exile Maria Antonia Gonzalez, two young and well-educated men, one a doctor and the other a lawyer, met and developed a friendship... 2002
Hafsa S. Mansoor Modern Racism but Old-fashioned Iied: How Incongruous Injury Standards Deny "Thick Skin" Plaintiffs Redress for Racism and Ethnoviolence 50 Seton Hall Law Review 881 (2020) To be a Negro in this country and to be relatively conscious is to be in a rage almost all the time. -James Baldwin On March 4, 2000, Delois Turner wanted a donut and a cup of coffee. Ms. Turner, a fifty-seven year old Black woman from New York, entered Nancy Wong's donut shop to purchase her pastry and beverage. Unfortunately, the donut Wong... 2020
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