AuthorTitleCitationSummaryYear
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
Stephen P. Ruszczyk MORAL CAREER OF MIGRANT IL/LEGALITY: UNDOCUMENTED MALE YOUTHS IN NEW YORK CITY AND PARIS NEGOTIATING DEPORTABILITY AND REGULARIZABILITY 55 Law and Society Review 496 (September, 2021) As undocumented youths transition from arrival to adolescence to adulthood, regimes of migrant il/legality shape their lives in varying ways. Over the life course, undocumented youths' legal status may also shift, creating different careers of il/legality, sequences characterized by changes to legal status over time that re-shape self, mobility,... 2021
Elizabeth Kolby Moral Responsibility to Filipino Amerasians: Potential Immigration and Child Support Alternatives 2 Asian Law Journal 61 (May 1, 1995) Filipino Amerasian children, because they are biracial and also often the illegitimate children of prostitutes, are subjected to dire economic circumstances and social discrimination in the Philippines. In this Comment, the author argues that the United States owes a moral responsibility to these Filipino Amerasian children, arising from the U.S.... 1995
Kevin R. Johnson Most RelevantA Handicapped, Not "Sleeping," Giant: the Devastating Impact of the Initiative Process on Latina/o and Immigrant Communities 96 California Law Review 1259 (October, 2008) Despite being questioned on many grounds, direct democracy remains popular in many states. Calls for reform of the initiative process abound. Consider a few frequently expressed concerns about initiative lawmaking. Some critics contend that direct democracy benefits well-financed interest groups--often derided as special interests--that are able... 2008
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
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
Catherine Skulan Most RelevantAustralia's Mandatory Detention of "Unauthorized" Asylum Seekers: History, Politics and Analysis under International Law 21 Georgetown Immigration Law Journal 61 (Fall, 2006) I. Introduction. 62 A. Detention of Asylum Seekers: International Context. 63 B. Detention of Asylum Seekers: Australian Context. 65 II. Australia's Policy of Mandatory Detention of Asylum Seekers. 65 A. History: Development of Australian Immigration Policy: From White Australia to Multiculturalism and Back Again?. 65 B. Recent Developments: The... 2006
Brooke Huley Most RelevantAutomatic Birthright Citizenship: How Europe Has Fallen and Why We Should Not Follow 19 Southwestern Journal of International Law 351 (2013) Through the Fourteenth Amendment, our nation currently grants automatic citizenship to children of undocumented immigrants--as well as all other children--born on U.S. soil. However, legislators have recently attacked this century-old policy. They have proposed both a federal law and a constitutional amendment that would reinterpret the Fourteenth... 2013
  Most RelevantChildren's Section on the Educational Impact of Youth's Immigration Experience 7 U.C. Davis Journal of Juvenile Law & Policy 355 (Summer 2003) In this issue, the Children's Section focuses on the educational experience of youth immigrating to the United States. Interviews with two individuals who immigrated to this country as young children provide first-hand perspectives on how to effectively integrate immigrating youth into the American educational system. Drawings depicting immigrant... 2003
Melinda Smith Most RelevantCriminal Defense Attorneys and Noncitizens Clients: Understanding Immigrants, Basic Immigration Law & How Recent Changes in Those Laws May Affect Your Criminal Cases. 33 Akron Law Review 163 (1999) A political scientist recently described the benefit American society has gained from immigrants in the following terms: Immigrants contribute to the stability of American society and support their adopted country's political system, even though conventional political theory argues that ethnic diversity is disruptive or threatening to the... 1999
Judy C. Wong Most RelevantEgregious Fourth Amendment Violations and the Use of the Exclusionary Rule in Deportation Hearings: the Need for Substantive Equal Protection Rights for Undocumented Immigrants 28 Columbia Human Rights Law Review 431 (Winter 1997) In United States v. Weeks, the Supreme Court established the principle that evidence obtained in violation of the Fourth Amendment's prohibition against unreasonable searches and seizures would be excluded from a criminal proceeding against a defendant. Since the Weeks decision, the Court has alternatively justified the exclusionary rule on the... 1997
Lynda J. Oswald Most RelevantExtended Voluntary Departure: Limiting the Attorney General's Discretion in Immigration Matters 85 Michigan Law Review 152 (October, 1986) Fifteen times in the past quarter-century, the Attorney General has decreed that aliens of certain nationalities could temporarily remain in the United States regardless of their visa status. Government officials have characterized these grants of blanket extended voluntary departure (EVD) as a means of protecting aliens from life-threatening... 1986
Christine N. Cimini Most RelevantHands off Our Fingerprints: State, Local, and Individual Defiance of Federal Immigration Enforcement 47 Connecticut Law Review 101 (November, 2014) Secure Communities, though little-known outside law-enforcement circles, is one of the most powerful of the federal government's immigration enforcement programs. Under Secure Communities, fingerprints collected by state and local law enforcement and provided to the Federal Bureau of Investigation for criminal background checks are automatically... 2014
Scott C. Murray Most RelevantHoffman, its Progeny, and the Status of Undocumented Workers 11 Wyoming Law Review 615 (2011) I. Introduction. 615 II. Background. 618 A. Labor and Employment Law. 619 B. Cases Leading to Hoffman. 621 C. Immigration Law. 625 D. The NLRA Still Applies to Undocumented Workers. 626 E. Status-Based Assignment of Rights. 627 III. Analysis. 629 IV. Conclusion. 638 2011
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
Edward M. Chen Most RelevantIntroduction to Petition to U.s. Commission on Civil Rights 5 Asian Law Journal 353 (May, 1998) Since their immigration to this nation over a century ago, Asian Pacific Americans, like other racial minorities, have had to deal with debilitating and dehumanizing stereotypes. The most dominant and persistent perception is that of foreigners to America, a perception that pervades the experience of Asian Pacific Americans no matter how long and... 1998
Neda Mahmoudzadeh Most RelevantLove Them, Love Them Not: the Reflection of Anti-immigrant Attitudes in Undocumented Immigrant Health Care Law 9 Scholar: St. Mary's Law Review on Minority Issues 465 (Spring 2007) I. Introduction. 467 A. The Problem of Illegal Aliens. 467 II. Legal Background. 469 A. Regulation Affecting Undocumented Immigrants' Health Care. 469 1. The Immigration Reform Act. 469 2. The Welfare Reform Act. 470 3. The Role of States. 471 III. Legal Analysis. 473 A. The Political Context of the 1996 Reform Acts. 473 B. Current State of... 2007
Robert S. Chang Most RelevantMigrations, Citizens and Latinas/os: the Sojourner's Truth and Other Stories 55 Florida Law Review 479 (January, 2003) I. Centering the Immigrant. 481 II. The Border, the Family, and the Nation. 484 III. My House in the Last World. 486 IV. The Sojourner's Truth. 488 2003
Evangeline Dech Most RelevantNonprofit Organizations: Humanizing Immigration Detention 53 California Western Law Review 219 (Spring, 2017) C1-2Table of Contents Introduction. 219 I. A History of Immigration Detention. 223 A. Ellis Island. 223 B. Immigration Regulation as a Means of Racial Discrimination. 224 C. From Mass Incarceration of Minorities to Mass Immigration Detention. 227 II. Private Prison Companies Take Over Immigration Detention Centers. 231 III. Problems with Both... 2017
Ingrid V. Eagly Most RelevantProsecuting Immigration 104 Northwestern University Law Review 1281 (Fall 2010) Introduction. 1281 I. The Conventional View of Immigration and Criminal Law. 1291 A. Doctrinal Equality. 1291 B. Institutional Autonomy. 1294 II. The Practice of Prosecuting Immigration. 1300 A. Procedure. 1304 B. Structure. 1320 III. The Structural Implications of Immigration Enforcement. 1337 A. Immigration Enforcement, Incentives, and Equality.... 2010
Kevin R. Johnson Most RelevantRace, Immigration and International Law 93 American Society of International Law Proceedings 213 (March 24-27, 1999) Today's restrictionism is part of a long history of anti-immigrant sentiment in the United States. It is particularly virulent, however, because the racial demographics of immigration have changed dramatically since the abolition of the discriminatory national-origins quota system in 1965. Racial considerations have influenced the nation's... 1999
Kevin R. Johnson Most RelevantSeptember 11 and Mexican Immigrants: Collateral Damage Comes Home 52 DePaul Law Review 849 (Spring 2003) The federal government responded swiftly to the mass destruction and horrible loss of life on September 11, 2001. Quickly initiating a war on terror, the U.S. government pursued military action in Afghanistan. The violation of the civil rights of Arab and Muslim noncitizens in the United States followed as well. In the months immediately after... 2003
Linda Kelly Most RelevantThe Fantastic Adventure of Supermom and the Alien: Educating Immigration Policy on the Facts of Life 31 Connecticut Law Review 1045 (Spring, 1999) British au pair Louise Woodward has gone home. The facts of her American visit are well known. After being convicted by a jury of second degree murder for the death of eight-month-old Matthew Eappen, Massachusetts Superior Court Judge Hiller Zobel reduced Woodward's verdict to manslaughter and sentenced her to time served. Woodward had entered the... 1999
  Most RelevantVii. The Rights of Undocumented Aliens 96 Harvard Law Review 1433 (April, 1983) The presence of large numbers of undocumented aliens in the United States presents the nation's immigration law with its most substantial and most controversial challenge. Defining the legal status of undocumented aliens compels this nation to confront the embarrassing fact that it cannot, or will not, enforce the exclusionary laws that it insists... 1983
Ana M. Rodriguez MOTHER OF EXILES: HOSPITALITY & COMPREHENSIVE IMMIGRATION REFORM 43 Journal of the National Association of Administrative Law Judiciary 232 (Spring, 2023) C1-2Table of Contents Introduction. 234 I. COVID-19 and Title 42's End of Asylum. 236 A. Title 42: The Trump Administration. 239 B. Title 42: The Biden Administration. 242 II. Xenophobia Cloaked in Morality, Health, and Safety. 245 A. Historic Immigration Policy Against Non-White Immigrants. 245 1. Legislation Against Chinese Immigrants. 248 2.... 2023
Sameer M. Ashar Movement Lawyers in the Fight for Immigrant Rights 64 UCLA Law Review 1464 (December, 2017) As immigration reform initiatives driven by established advocacy organizations in Washington, D.C. were successively defeated in the mid-to-late 2000s, movement-centered organizations and newly created formations of undocumented youth mobilized against the federal-local immigration enforcement regime of the Bush and Obama administrations. This... 2017
Kathryn Abrams MOVEMENT STORYTELLING AND THE TRANSFORMATION OF THE DREAMER NARRATIVE 33 Berkeley La Raza Law Journal 31 (2023) Like many in this symposium, my comments address the tension reflected in the Dreamer paradigm, between the expectations of mainstream audiences, and the complex lived experience of those most affected by immigration restrictions. As Professors Abrego and Negrón-Gonzalez demonstrate in their recent anthology, We Are Not Dreamers, undocumented... 2023
Jennifer M. Chacón MOVING FORWARD 50 Southwestern Law Review 208 (2021) We live in a world of permeable borders. Money, goods, information, and the global elite move across borders almost effortlessly. Corporate entities straddle borders, and governmental policies have transnational effect. But not everyone moves easily across borders. In the United States, federal laws permit the expulsion and the permanent exclusion... 2021
Ryan Terrance Chin Moving Toward Subfederal Involvement in Federal Immigration Law 58 UCLA Law Review 1859 (August, 2011) In Chamber of Commerce v. Whiting, the U.S. Supreme Court decided that state governments could mandate compulsory enrollment in the otherwise voluntary federal E-Verify program. Though it deals primarily with employment of unauthorized workers, this case raises broader questions of the role of federalism in the current immigration regime. State and... 2011
Shiu-Ming Cheer Moving Toward Transformation: Abolitionist Reforms and the Immigrants' Rights Movement 68 UCLA Law Review Discourse 68 (2020) This Article discusses the criteria for abolitionist reforms and assesses whether current immigrants' rights demands move us towards a more transformative agenda, one that questions the legitimacy of the state. The Article argues that calls to invest in immigrant communities and to release immigrants from detention can be radical reforms that move... 2020
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
Rosemary C. Salomone Multilingualism and Multiculturalism: Transatlantic Discourses on Language, Identity, and Immigrant Schooling 87 Notre Dame Law Review 2031 (June, 2012) In September 2010, an eye-catching article appeared on the front page of the New York Times Arts section. The headline read, Cultures United to Honor Separatism. Basque and Catalan nationalists, Sinn Fein leaders, and others were convening on the island of Corsica, not to chart out war strategies, as might have been expected, but rather to... 2012
Catharine Slack Municipal Targeting of Undocumented Immigrants' Travel in the Post 9/11 Suburbs: Waukegan, Illinois Case Study 22 Georgetown Immigration Law Journal 485 (Spring, 2008) As the U.S. went to war on terrorism, the small Midwestern city of Waukegan began confiscating undocumented immigrants' cars. Waukegan's towing policy demonstrates the post 9/11 trend of restricting undocumented immigrants' travel inside our nation's borders. This article locates Waukegan's policy within that trend and the older trend of increasing... 2008
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
Walter I. Gonçalves, Jr. Narrative, Culture, and Individuation: a Criminal Defense Lawyer's Race-conscious Approach to Reduce Implicit Bias for Latinxs 18 Seattle Journal for Social Justice 333 (Spring, 2020) When a criminal defense attorney is assigned a case and shows up at the first court appearance, more often than not the client will be of color. Depending on the region, the client has a greater chance of being African American, Latinx, or Native American compared to white. This is true for most federal district courts in the United States. To make... 2020
Dr. Timothy Philip Fadgen , Dr. Guy Charlton , Dr. Mark Kielsgard Narrowing the Scope of Judicial Review for Humanitarian Appeals of Deportation Orders in Canada, New Zealand and the United States 35 Hamline Journal of Public Law and Policy 241 (Spring, 2014) The paper will compare the humanitarian and compassionate appeal provisions in relevant immigration law allowed to deportees in Canada, New Zealand and the United States. It argues that while recent changes in each of the countries have preserved the humanitarian appeals process, the basis of the appeal and judicial review have been dramatically... 2014
Lauren Gilbert National Identity and Immigration Policy in the U.s. and the European Union 14 Columbia Journal of European Law 99 (Winter 2007/2008) This article contrasts the efforts currently underway in the European Union to develop a harmonized system for admitting and integrating immigrants with the repeated failure of immigration reform in the U.S. and the absence of a policy for immigrant integration. After examining recent obstacles to immigration reform in the U.S., Part I discusses... 2008
Lauren Gilbert National Identity and Immigration Policy in the U.s. and the European Union 14 Columbia Journal of European Law 99 (Winter, 2007/2008) This article contrasts the efforts currently underway in the European Union to develop a harmonized system for admitting and integrating immigrants with the repeated failure of immigration reform in the U.S. and the absence of a policy for immigrant integration. After examining recent obstacles to immigration reform in the U.S., Part II discusses... 2008
Daniel J. Steinbock National Identity Cards: Fourth and Fifth Amendment Issues 56 Florida Law Review 697 (September, 2004) In the frenzied days and weeks following September 11, 2001, many observers called for serious consideration of a national identity system, the centerpiece of which would be some form of national identity card. Such a system was seen mainly as a tool against terrorists and also as a useful response to illegal immigration, identity theft, and... 2004
Kevin R. Johnson , Bill Ong Hing National Identity in a Multicultural Nation: the Challenge of Immigration Law and Immigrants 103 Michigan Law Review 1347 (May, 2005) Who Are We? The Challenges To America's National Identity. By Samuel P. Huntington. New York: Simon & Schuster. 2004. Pp. xvii, 428. $39.95 Samuel Huntington's provocative new book Who Are We?: The Challenges to National Identity is rich with insights about the negative impacts of globalization and the burgeoning estrangement of people and... 2005
Sean L. Litteral National Security at Home: Chinese Investment in U.s. Real Estate 31 Stanford Law and Policy Review 237 (2020) In recent years there has been a growing literature on the threats and opportunities presented by an emerging China. These works tend to focus on the national security and economic ramifications of a China that is propelled in part by the theft of critical information such as trade secrets, patented processes, business plans, and cutting-edge... 2020
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