| Author | Title | Citation | Summary | Year |
| 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 |
| Chaim Gans |
Nationalist Priorities and Restrictions in Immigration: the Case of Israel |
2 Law & Ethics of Human Rights 12 (January, 2008) |
It may be that the appropriate demographic objective of Israel as a country in which the Jewish people realize their right to self-determination is the existence of a Jewish public in Israel in numbers sufficient to allow its members to live in the framework of their culture. It may also be that the appropriate demographic objective of Israel... |
2008 |
| 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 |
| Faith Zellman |
NATURAL DISASTERS AND THE GOVERNMENT'S DESTRUCTIVE RESPONSE: A HOLISTIC VIEW ON THE IMPACTS OF NONCITIZEN EXCLUSION FROM FEDERAL PUBLIC BENEFIT PROGRAMS |
52 University of Baltimore Law Review 357 (Spring, 2023) |
I. INTRODUCTION. 358 II. VULNERABLE IMMIGRANT COMMUNITIES CONSISTENTLY STRUGGLE TO ANTICIPATE AND RECOVER FROM DISASTERS. 360 III. THE FEDERAL GOVERNMENT PROVIDES RELIABLE ASSISTANCE TO CITIZENS ON THE CONDITION THAT CERTAIN ELIGIBILITY REQUIREMENTS ARE MET. 363 A. United States Welfare Law Explicitly Excludes Noncitizens from Receiving Public... |
2023 |
| César Cuauhtémoc García Hernández |
Naturalizing Immigration Imprisonment |
103 California Law Review 1449 (December, 2015) |
Only recently has imprisonment become a central feature of both civil and criminal immigration law enforcement. Apart from harms to individuals and communities arising from other types of immigration enforcement, such as removal, imprisonment comes with its own severe consequences, and yet it is relatively ignored. This Article is the first to... |
2015 |
| Jagdish J. Bijlani |
Neither Here Nor There: Creating a Legally and Politically Distinct South Asian Racial Identity |
16 Berkeley La Raza Law Journal 53 (Fall 2005) |
At about 9:20 p.m. on Monday, May 19, 2003, Avtar Singh Cheira, a 52-year-old Phoenix, Arizona, truck driver and Sikh immigrant from India was shot twice in the legs. Cheira had been waiting to be picked up by his family when the men who shot him with bullets from a small caliber gun drove by in a red pickup truck. The Sikh immigrant had lived in... |
2005 |
| Stephen Steinberg |
Neoliberal Immigration Policy and its Impact on African Americans |
23 Notre Dame Journal of Law, Ethics & Public Policy 209 (2009) |
This paper builds on my earlier paper,Immigration, African Americans, and Race Discourse, published inNew Politics in 2005. In that paper, I argued that all through American history, beginning with slavery, ruling elites installed a system of occupational apartheid that relegated African Americans to the least desirable jobs in the preindustrial... |
2009 |
| Tom I. Romero, II, J.D., Ph.D. |
No Brown Towns: Anti-immigrant Ordinances and Equality of Educational Opportunity for Latina/os |
12 Journal of Gender, Race and Justice 13 (Fall 2008) |
multi-racial community seems equally fundamental. Since the 1990s, the percentage of students of every race in multiracial groups has increased. Segregation is no longer black and white but increasingly multiracial. In 1972, the United States Supreme Court in Spencer v. Kugler affirmed without comment New Jersey's statutory scheme compelling... |
2008 |
| Molly E. Kammien |
No More Band-aid Solutions: Improving Immigration Reform by Addressing the Root Causes of Mexican Migration and Refining Foreign Direct Investment |
80 Brooklyn Law Review 503 (Winter, 2015) |
The root causes of migration are nuanced and complicated. People choose to migrate for numerous reasons including pleasure, poverty, unemployment, war, and exploitation. While migration has almost always been a popular topic in the United States, very few Congressional conversations about immigration reform have addressed the root causes of... |
2015 |
| Bill Ong Hing |
No Place for Angels: in Reaction to Kevin Johnson |
2000 University of Illinois Law Review 559 (2000) |
In the early summer of 1912, at the height of the racist Chinese exclusion era, Ong Choon Hing boarded the SS Siberia destined for the Port of San Francisco. He arrived at the immigration inspection station at Angel Island on July 28, 1912. Angel Island, located in San Francisco Bay not far from Alcatraz Island, was used as a detention and... |
2000 |
| Sarah Sherman-Stokes |
No Restoration, No Rehabilitation: Shadow Detention of Mentally Incompetent Noncitizens |
62 Villanova Law Review 787 (2017) |
ORIGINALLY from Haiti, Martin immigrated to the United States as a teenager with his mother and two brothers, all of them Lawful Permanent Residents. Sometimes living with his older brother, sometimes on the street, Martin had always required extra help to perform daily tasks. He never graduated from high school, and indeed barely made it through... |
2017 |