| Author | Title | Citation | Summary | Year |
| Jayashri Srikantiah, Shirin Sinnar |
White Nationalism as Immigration Policy |
71 Stanford Law Review Online 197 (March, 2019) |
Two years into the Trump presidency, white nationalism may be driving the Administration's immigration policy. We view white nationalism as the belief that national identity should be built around white ethnicity, and that white people should therefore maintain both a demographic majority and dominance of the nation's culture and public life. We... |
2019 |
| Alina Das |
Administrative Constitutionalism in Immigration Law |
98 Boston University Law Review 485 (March, 2018) |
Introduction. 486 I. Constitutional Enforcement in Immigration Law: Limitations on Judicial Intervention. 494 II. The Executive's Role in the Enforcement of Constitutional Norms in Immigration Law. 502 A. Immigration Adjudication. 504 1. Constitutional Challenges in Substantive Immigration Law. 506 2. Constitutional Avoidance in Statutory... |
2018 |
| Megan K. Bradley |
Assessing the "Proper Judicial Role" in Reviewing Immigrant Detention |
27 Journal of Transnational Law & Policy 137 (2017-2018) |
I. Introduction. 138 II. Justice Kennedy's view on the Proper Role of the Court in Immigrant Detention. 141 A. A Robust Plenary Power in Immigration. 142 B. Limiting the Plenary Power Doctrine. 144 C. Institutional Shortcomings that Prevent the Judiciary from Answering Immigration Questions. 148 D. Rebutting the Institutional Shortcomings Argument.... |
2018 |
| Peter Margulies |
Bans, Borders, and Sovereignty: Judicial Review of Immigration Law in the Trump Administration |
2018 Michigan State Law Review Rev. 1 (2018) |
C1-2Table of Contents Introduction. 2 I. Stewardship, Governance, and the Challenge Of Immigration Law. 13 A. The Framers' Stewardship. 14 B. The Supreme Court Takes a Turn. 15 1. Stewardship and Levels of Review. 17 2. Conflicts and Contradictions in the Current Paradigm. 22 II. Shared Stewardship and Judicial Review of Immigration Measures. 25 A.... |
2018 |
| Rachel E. Rosenbloom |
Beyond Severity: a New View of Crimmigration |
22 Lewis & Clark Law Review 663 (2018) |
While the Trump Administration's harsh crackdown on immigrants builds on an enforcement infrastructure inherited from previous administrations, this Article cautions against characterizing it as merely an escalation of crimmigration--the merging of criminal and immigration law evident in recent decades. I argue instead that key contrasts between... |
2018 |
| Stephen Manning , Juliet Stumpf |
Big Immigration Law |
52 U.C. Davis Law Review 407 (November, 2018) |
The forays of the Trump administration into uncharted waters of immigration restriction have highlighted a trend that pre-dates the 2016 election: the unchecked growth of immigration governance strategies that rely on large-scale restrictions of liberty in the form of mass detention and deportation. These mushrooming immigration policing... |
2018 |
| Brooke Rogers |
Cazorla V. Koch Foods of Mississippi, Llc: Where Discovery Issues Meet Current Immigration Policy |
50 Loyola University Chicago Law Journal 459 (Winter 2018) |
In 2016, the Fifth Circuit addressed whether a district court's finding that Rule 26 of the Federal Rules of Civil Procedure allowed discovery of U-visa information from individual plaintiffs. The court declined to impose an order of its own. Instead, it remanded the case to the district court to devise an approach to U-visa discovery that... |
2018 |
| Toni M. Massaro, Shefali Milczarek-Desai |
Constitutional Cities: Sanctuary Jurisdictions, Local Voice, and Individual Liberty |
50 Columbia Human Rights Law Review Rev. 1 (Fall, 2018) |
The United States is deeply divided on matters that range from immigration to religion to fracking. Blue states resist red federal policies, and intrastate disputes pit state legislatures against recalcitrant local governments. One of these intergovernmental policy flare-ups involves so-called sanctuary jurisdictions--government actors that... |
2018 |
| Jayesh Rathod |
Criminalization and the Politics of Migration in Brazil |
16 Ohio State Journal of Criminal Law 147 (Fall, 2018) |
In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country's military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection... |
2018 |
| Geoffrey Heeren |
Crimmigration in Gangland: Race, Crime, and Removal During the Prohibition Era |
16 Ohio State Journal of Criminal Law 65 (Fall, 2018) |
In 1926, local law enforcement and federal immigration authorities in Chicago pursued a deportation drive ostensibly directed at gang members. However, the operation largely took the form of indiscriminate raids on immigrant neighborhoods of the city. Crimmigration in Gangland describes the largely forgotten 1926 deportation drive in Chicago as a... |
2018 |
| Carrie L. Rosenbaum |
Crimmigration--structural Tools of Settler Colonialism |
16 Ohio State Journal of Criminal Law L. 9 (Fall, 2018) |
The systems of immigration and criminal law come together in many important ways, one of which being their role in instilling difference and undermining inclusion and integration. In this article, I will begin a discussion examining the concept of integration, simplistically described as inclusion into American life, not in the more traversed... |
2018 |
| Peter Margulies |
Deconstructing "Sanctuary Cities": the Legality of Federal Grant Conditions That Require State and Local Cooperation on Immigration Enforcement |
75 Washington and Lee Law Review 1507 (Summer, 2018) |
C1-3Table of Contents I. Introduction. 1508 II. Federal Initiatives Promoting Cooperation with Sub-Federal Entities. 1516 A. Anatomy of an Arrest: The Tacit Yet Pervasive Cooperation Built into Basic State and Local Law Enforcement. 1517 B. DHS Immigration Detainers. 1520 C. The 287(g) Program. 1523 D. Other State Efforts. 1524 E. President Trump... |
2018 |
| César Cuauhtémoc García Hernández |
Deconstructing Crimmigration |
52 U.C. Davis Law Review 197 (November, 2018) |
C1-2Table of Contents Introduction. 197 I. Crimmigration Law's Birth. 200 A. Legislative Origins. 200 B. Race, Crime, and Terrorism. 204 C. Seeing Crimmigration Law. 207 D. Crimmigration Doctrine. 210 II. Crimmigration Law's Perniciousness. 213 A. Harms to People. 213 1. Securitization. 214 2. Imprisonment. 219 B. Harms to Institutions. 223 1.... |
2018 |
| Felice Batlan |
Déjà Vu and the Gendered Origins of the Practice of Immigration Law: the Immigrants' Protective League, 1907-40 |
36 Law and History Review 713 (November, 2018) |
On Friday January 27, 2017, Donald Trump executed the infamous executive order: banning immigration and even visitors from seven countries. The order affected those with travelers' visas headed to the United States as well as permanent United States residents from seven banned countries attempting to re-enter the United States. By Saturday morning,... |
2018 |
| Pooja R. Dadhania |
Deporting Undesirable Women |
9 UC Irvine Law Review 53 (September, 2018) |
Immigration law has long labeled certain categories of immigrants undesirable. One of the longest-standing of these categories is women who sell sex. Current immigration laws subject sellers of sex to an inconsistent array of harsh immigration penalties, including bars to entry to the United States as well as mandatory detention and removal. A... |
2018 |
| Ingrid Eagly , Steven Shafer , Jana Whalley |
Detaining Families: a Study of Asylum Adjudication in Family Detention |
106 California Law Review 785 (June, 2018) |
The United States currently detains more families seeking asylum than any nation in the world, but little is known about how these families fare in the immigration court process. In this Article, we analyze government data from all immigration court cases initiated between 2001 and 2016 to provide the first empirical analysis of asylum adjudication... |
2018 |
| Alex Boon, Ben España, Lindsay Jonasson, Teresa Smith, Juliet P. Stumpf, Stephen W. Manning |
Divorcing Deportation: the Oregon Trail to Immigrant Inclusion |
22 Lewis & Clark Law Review 623 (2018) |
Immigration policy under the Trump Administration has relied on local officials and local information to fulfill federal policy goals of highvolume deportation. It has embroiled states and localities and inspired impassioned objection from many impacted localities. This intensification of federal deportation has compelled states, towns, and cities... |
2018 |
| Kristina M. Campbell |
Dreamers Deferred: the Broken Promise of Immigration Reform in the Obama Years |
25 Texas Hispanic Journal of Law and Policy Pol'y 1 (Fall, 2018) |
The majority of the people who were packed into the tractor-trailer on July 22, 2017, were Mexican nationals. There were also people from Central America in the sweltering trailer that day, abandoned in a Wal-Mart parking lot in San Antonio, Texas by the driver who was tasked with smuggling them into the United States. Although the migrants were... |
2018 |
| Katie Kelly |
Enforcing Stereotypes: the Self-fulfilling Prophecies of U.s. Immigration Enforcement |
66 UCLA Law Review Discourse 36 (2018) |
U.S. immigration law was built on a foundation of systemic white supremacy. While a brief historical analysis of immigration laws in the United States illustrates a shift from explicitly racial to race-neutral language, the effects of the originally race-restrictive provisions in immigration law continue to be felt today. This Article illustrates... |
2018 |
| Bill Ong Hing |
Entering the Trump Ice Age: Contextualizing the New Immigration Enforcement Regime |
5 Texas A&M Law Review 253 (Winter, 2018) |
During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the deporter-in-chief? Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries,... |
2018 |
| Alia Al-Khatib, Jayesh Rathod |
Equity in Contemporary Immigration Enforcement: Defining Contributions and Countering Criminalization |
66 University of Kansas Law Review 951 (July, 2018) |
During the 2016 Presidential election cycle, immigration policy emerged as a key campaign issue, with then-candidate Donald Trump promising a slate of restrictionist measures, including more aggressive immigration enforcement, curtailment of refugee admissions, and the construction of a wall along the U.S.-Mexico border. President Trump also... |
2018 |
| Naomi Doraisamy |
Erasing Presence Through Reasonable Suspicion: Terry and its Progeny as a Vehicle for State Immigration Enforcement |
54 Idaho Law Review 409 (2018) |
This Article examines the long shadow cast on local policing by Terry v. Ohio, tracing the impact of Terry's progeny on state legislative campaigns focused on immigration enforcement. The policing tools afforded by Terry's progeny have an unmistakable presence-deterring effect on communities of color--so painfully illustrated in New York City... |
2018 |
| Marvin L. Astrada |
Fear & Loathing in the Present Political Context: the Incubus of Securitizing Immigration |
32 Georgetown Immigration Law Journal 169 (Winter, 2018) |
In dreams begins responsibility. C1-3Table of Contents I. Introduction. 170 II. Order, Security & Law: Effectuating Public Safety. 173 III. Framing & Critically Examining the SLPP Nexus. 177 A. Shaping Immigration via Securitization. 180 B. Security & Law in the SLPP. 183 IV. Disaggregating Security Within the SLPP. 185 A. Security Sectors,... |
2018 |
| Robbie J. Totten, PhD |
Foreign Policy Interpretive Lenses and State Migration Law: Realism, Isolationism and Liberalism Thought, and U.s. Immigration Policy |
24 U.C. Davis Journal of International Law and Policy 135 (Spring, 2018) |
This interdisciplinary article argues that Foreign Policy (FP) interpretive lenses (IL's)--heuristics oft used in International Studies disciplines to examine statecraft--are a useful and underappreciated tool for comparative state migration policy and legal analysis. IL's have value as conceptual tools for scholars in examining state migration law... |
2018 |
| Chelsea M. Baltes |
God and the Illegal Alien, United States Immigration Law and a Theology of Politics by Robert W. Heimburger |
32 Georgetown Immigration Law Journal 237 (Winter, 2018) |
Robert W. Heimburger is Associate Chaplain with the Oxford Pastorate, Associate Researcher at the Fundación Universitaria Seminario Bíblico de Colombia, and Editor of IFES Word & World. Heimburger begins his book connecting to the reader on an emotional level with first-hand accounts of individual's unsuccessful attempts to illegally enter the... |
2018 |
| César Cuauhtémoc García Hernández |
Immigrant Defense Funds for Utopians |
75 Washington and Lee Law Review 1393 (Summer, 2018) |
C1-3Table of Contents I. Introduction. 1393 II. Converging Interests. 1396 III. Immigrant Defense Funds. 1400 IV. Playing with Morality. 1405 V. This is Not a Morality Play. 1412 VI. Embracing Utopias. 14200 VII. Conclusion. 1423 |
2018 |
| Kevin J. Fandl , Nicole Hallett, Christina J. Martin, Sabrina Damast, Amelia Steadman McGowan, Christopher N. Lasch |
Immigration and Naturalization |
52 The Year in Review (ABA) 337 (2018) |
Our immigration law update for 2017 is particularly practical and controversial, given that it comes on the heels of a number of international crises as well as the inauguration of the Trump Administration, both of which dramatically affect immigration law. We begin with a look at the ongoing refugee crisis from Central America and U.S. actions to... |
2018 |
| Jennifer Gordon |
Immigration as Commerce: a New Look at the Federal Immigration Power and the Constitution |
93 Indiana Law Journal 653 (Summer, 2018) |
Introduction. 654 I. The Evolution and Impact of the Plenary Power Doctrine. 659 II. The Commerce Clause as a Source of the Immigration Power. 671 A. The Lost Source: The Foreign Commerce Clause. 671 B. A New Source: The Interstate Commerce Clause. 681 The Modern Jurisprudence of the Interstate Commerce Clause. 681 III. The Argument for Rooting the... |
2018 |
| David S. Rubenstein |
Immigration Blame |
87 Fordham Law Review 125 (October, 2018) |
This Article provides the first comprehensive study of blame in the U.S. immigration system. Beyond blaming migrants, we blame politicians, bureaucrats, and judges. Meanwhile, these players routinely blame each other, all while trying to avoid being blamed. As modeled here, these dynamics of immigration blame have catalyzing effects on the... |
2018 |
| Carrie Rosenbaum |
Immigration Law's Due Process Deficit and the Persistence of Plenary Power |
28 Berkeley La Raza Law Journal 118 (2018) |
INTRODUCTION. 119 I. Detention of Asylum Seekers. 120 II. Substantive Due Process Rights of Noncitizens. 125 A. Zadvydas v. Davis and Clark v. Martinez. 126 1. Zadvydas v. Davis. 126 2. Clark v. Martinez. 128 B. Rodriguez-Fernandez v. Wilkinson. 129 C. Demore v. Kim. 130 D. Jennings v. Rodriguez. 132 III. R.I.L-R--Substantive Due Process Asylum... |
2018 |
| Alina Das |
Inclusive Immigrant Justice: Racial Animus and the Origins of Crime-based Deportation |
52 U.C. Davis Law Review 171 (November, 2018) |
The merger of immigration and criminal law has transformed both systems, amplifying the flaws in each. In critiquing this merger, most scholarly accounts begin with legislative changes in the 1980s and 1990s that vastly expanded criminal grounds of deportation and eliminated many forms of discretionary relief. As a result of these changes,... |
2018 |
| Tom C.W. Lin |
Incorporating Social Activism |
98 Boston University Law Review 1535 (December, 2018) |
Corporations and their executives are at the forefront of some of the most contentious and important social issues of our time. Through pronouncements, policies, boycotts, sponsorships, lobbying, and fundraising, corporations are actively engaged in issues like immigration reform, gun regulation, racial justice, gender equality, and religious... |
2018 |
| 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 |
| Gideon Sapir , Mark Goldfeder |
Law, Religion, and Immigration: Building Bridges with Express Lanes |
32 Emory International Law Review 201 (2018) |
This Article asks whether it can ever be moral or legal to use certain criteria, including nationality and/or religion, in formulating preferential immigration policies. In order to answer the question, it presents an in-depth look at the controversial right of return, focusing in particular on the example of the Israeli Law of Return. It... |
2018 |
| Rebecca Hayes |
Lawful Permanent Residency: What the United States Citizenship & Immigration Services Giveth, it Can Also Take Away |
59 Boston College Law Review E-Supplement 329 (April 11, 2018) |
Abstract: Millions of foreigners strive to become Lawful Permanent Residents of the United States, but that status is limited to those immigrants who meet certain requirements and comply with extensive procedures. There is ample U.S. case law interpreting what it means to be lawfully admitted for permanent residence. Until the Sixth Circuit's... |
2018 |
| Kevin R. Johnson |
Lessons about the Future of Immigration Law from the Rise and Fall of Daca |
52 U.C. Davis Law Review 343 (November, 2018) |
Observers spanning the political spectrum have characterized the American immigration system as broken. Unfortunately, Congress for many years has been unable to forge agreement on the appropriate set of reforms, including a path for regularizing the legal status of the approximately eleven million undocumented immigrants living in the United... |
2018 |
| Ming H. Chen |
Leveraging Social Science Expertise in Immigration Policymaking |
112 Northwestern University Law Review Online 281 (May 17, 2018) |
Abstract--The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social... |
2018 |
| Audrey Cillo |
Most RelevantA Legislative Home for Immigration Power |
80 University of Pittsburgh Law Review 481 (Winter 2018) |
The immigration problem transcends time, state borders, and even national borders. The problem magnetizes a spectrum of advocates, from rights-based thinkers calling for freedom of movement as an international human right to nativists demanding America First. And as with any charged political topic, there is a power struggle over who controls... |
2018 |
| Alyssa Garcia |
Much Ado about Nothing?: Local Resistance and the Significance of Sanctuary Laws |
42 Seattle University Law Review 185 (Fall, 2018) |
Immigration has become a hot topic of national discourse in recent years. There have been calls on both sides of the aisle for immigration reform policies. As such, this highly publicized political discussion has evoked emotions, opinions, and actions from politicians and constituents alike. President Donald Trump has made his intention to deport... |
2018 |
| Emily A. Welch |
Nafta and Immigration Intertwined: the Impact of the Trump Era on Mexican-u.s. Migration |
33 Temple International and Comparative Law Journal 89 (Fall, 2018) |
Ignoring the nuanced history of U.S.-Mexican relations, the Trump administration has cultivated a nationalist, xenophobic approach to discourse on Mexican immigration. President Trump has propagated this rhetoric amidst renegotiations of the North American Free Trade Agreement, fusing the two previously discrete policy issues of immigration and... |
2018 |
| Katherine Brosamle |
Obscured Boundaries: Dimaya's Expansion of the Void-for-vagueness Doctrine |
52 Loyola of Los Angeles Law Review 187 (2018) |
The United States, despite being dubbed the nation of immigrants, is no stranger to excluding those deemed undesirable by the governing majority. This often-discriminatory intent to exclude manifests in immigration law, which has continually expanded and transformed throughout history. One pertinent development is the emergence of... |
2018 |
| Kevin Gardner |
Prisoners in the Face of Gladiators: Providing a Sword and Shield to Aliens in Removal Proceedings Through Court-appointed Counsel |
52 Akron Law Review 1189 (2018) |
I. Introduction. 1189 II. History of Immigration in the United States. 1192 III. Problems Arising from Lack of Access to Counsel. 1201 IV. Recommendations. 1205 A. Proposal I: Expand on Programs that Have Already Succeeded. 1208 1. New York Immigrant Family Unity Project (NYIFUP), Funded by the Vera Institute of Justice. 1208 2. Incorporating... |
2018 |
| Ingrid V. Eagly, School of Law, University of California, Los Angeles |
Protect, Serve, and Deport: the Rise of Policing as Immigration Enforcement. By Amada Armenta. Oakland: University of California Press, 2017 |
52 Law and Society Review 1100 (December, 2018) |
Amada Armenta's new book, Protect, Serve, and Deport: The Rise of Policing as Immigration Enforcement, highlights the role of local law enforcement agencies in channeling Latino immigrants into the deportation regime. Armenta's beautifully chronicled text documents the implementation of an immigration enforcement program known as 287(g) in... |
2018 |
| Jayashri Srikantiah |
Reconsidering Money Bail in Immigration Detention |
52 U.C. Davis Law Review 521 (November, 2018) |
C1-2Table of Contents Introduction. 521 I. A Brief Overview of Immigration Detention. 522 II. Money Bond. 527 III. The Case Against Money Bail. 530 A. Money Bail Is Not Correlated to Reducing Danger or Flight Risk. 531 B. Risk Assessment. 532 C. Alternatives to Detention and Unsecured Bonds. 534 D. Avoiding the Harms of Unnecessary Over-Detention.... |
2018 |
| Mariela Olivares |
Resistance Strategies in the Immigrant Justice Movement |
39 Northern Illinois University Law Review Rev. 1 (Fall, 2018) |
Topics of immigration reform have created deep polarization. To some degree, these political and societal divisions regarding immigrants' place and ability to remain in the United States drove the Republican successes in the 2016 elections and carried Donald Trump to the White House. When political conservatives called for decreased migration and... |
2018 |
| Megan McCauley |
Reversing the Ice Age: Immigration Reform in California |
49 University of the Pacific Law Review 481 (2018) |
Code Sections Affected Government Code §§ 7284-7284.10 (new); Health and Safety Code § 11369 (repealed); Penal Code § 3058.10 (new). SB 54 (De León). C1-2Table of Contents I. Introduction. 482 II. Legal Background. 484 A. Federal Legislation: A Collaborative Approach. 485 1. Unrestricted Information Sharing Between State and Local Law Enforcement... |
2018 |
| Jason A. Cade |
Sanctuaries as Equitable Delegation in an Era of Mass Immigration Enforcement |
113 Northwestern University Law Review 433 (2018) |
Abstract--Opponents of--and sometimes advocates for--sanctuary policies describe them as obstructions to the operation of federal immigration law. This premise is flawed. On the better view, the sanctuary movement comports with, rather than fights against, dominant new themes in federal immigration law. A key theme--emerging both in judicial... |
2018 |
| Hailey Cleek |
Sanctuary Clinics: Using the Patient-physician Relationship to Discuss Immigration Policy as a Public Health Concern |
53 Wake Forest Law Review 979 (Winter 2018) |
[W]e didn't know how they had ended up that way on that side we didn't know how we had ended up here we didn't know but we understood why they walk the opposite direction to buy food on this side this side we all know is hunger -Javier Zamora Tensions between the federal government and local sanctuary cities have risen throughout the Trump... |
2018 |
| Cara Cunningham Warren |
Sanctuary Lost? Exposing the Reality of the "Sanctuary-city" Debate & Liberal States-rights' Litigation |
63 Wayne Law Review 155 (Winter, 2018) |
Abstract. 156 I. Introduction. 156 II. Sharpening Our Focus: The Rhetoric & the Reality of the Sanctuary Debate. 163 A. Contemporary Discourse. 164 1. Powerful Conservative Narratives. 166 2. The Need for a Public Integrationist Narrative. 169 B. Correcting Basic Misperceptions. 171 1. There Are Two Sovereigns. 172 a. Immigration Federalism.... |
2018 |
| Azadeh Shahshahani, Amy Pont |
Sanctuary Policies: Local Resistance in the Face of State Anti-sanctuary Legislation |
21 CUNY Law Review 225 (Fall, 2018) |
This article examines the potential for impactful sanctuary policies in Alabama, Georgia, and South Carolina in light of anti-sanctuary and anti-immigrant state laws implemented in the past decade and in the wake of the 2016 presidential election. The article first reviews changes to immigration law which both increased the number of noncitizens... |
2018 |