| Author | Title | Citation | Summary | Year |
| Irene Scharf |
Second Class Citizenship? The Plight of Naturalized Special Immigrant Juveniles |
40 Cardozo Law Review 579 (December, 2018) |
C1-2Table of Contents I. What is United States Citizenship?. 579 A. The Problem. 586 II. Naturalized U.S. Citizenship in Historical Perspective. 589 A. The Constitution and Naturalization. 593 B. Mounting Opposition to Immigration. 597 III. The Impact of Discrimination on Citizenship. 605 A. Discrimination Against Blacks and other Racial... |
2018 |
| Monica Chawla |
Show Me Your Papers: an Equal Protection Violation of the Rights of Latino Men in Trump's America |
34 Touro Law Review 1157 (2018) |
During the final presidential debate on October 19, 2016, Donald Trump said if he is elected president, his immigration plan will include deporting bad hombres who are bringing drugs and crime across the border. Hombres is the Spanish word for men. During the first month of Trump's presidency, Trump called for the hiring of 10,000 more U.S.... |
2018 |
| Sarah Rogerson |
Sovereign Resistance to Federal Immigration Enforcement in State Courthouses |
32 Georgetown Immigration Law Journal 275 (Spring, 2018) |
The federal government has maintained its supremacy over the enactment of immigration laws for over a century. Enforcement of those laws, however, is increasingly a matter of cooperative federalism - or uncooperative, as the case may be. In response to a recent trend of state and local resistance to President Trump's stepped-up enforcement regime,... |
2018 |
| Rebecca A. Delfino |
The Equal Protection Doctrine in the Age of Trump: the Example of Undocumented Immigrant Children |
84 Brooklyn Law Review 73 (Fall, 2018) |
Nearly a century ago, Supreme Court Justice Oliver Wendell Holmes, Jr. described an equal protection claim as the usual last resort of constitutional arguments. Not anymore. In the last forty years, the equal protection doctrine has become the Court's chief instrument for invalidating . laws. Now dawns a new era--the age of Trump--when the... |
2018 |
| Matthew J. Lindsay |
The Perpetual "Invasion": past as Prologue in Constitutional Immigration Law |
23 Roger Williams University Law Review 369 (Spring, 2018) |
Donald Trump ascended to the presidency largely on the promise to protect the American people--their physical and financial security, their culture and language, even the integrity of their electoral system--against an invading foreign menace. Only extraordinary defensive measures, including extreme vetting of would-be immigrants, a ban on... |
2018 |
| Deborah M. Weissman , Jacqueline Hagan , Ricardo Martinez Schuldt , Alyssa Peavey |
The Politics of Immigrant Rights: Between Political Geography and Transnational Interventions |
2018 Michigan State Law Review 117 (2018) |
Introduction. 118 I. Exacerbating Obstacles or Enhancing Opportunities: Devolution and Locality. 124 A. Devolution and Its Forms. 125 1. Federal Laws Authorizing Local Immigration Enforcement. 126 2. State Papers, Please Statutes. 129 3. Alienage Laws. 131 4. Political Geography Matters. 132 II. The Mexican Consular Network and the Department of... |
2018 |
| Linus Chan |
The Promise and Failure of Silence as a Shield Against Immigration Enforcement |
52 Valparaiso University Law Review 289 (Winter, 2018) |
In 1989 an Immigration Judge ruled that a respondent in deportation proceedings, a man by the name of Mr. Guevara, was not a United States citizen and therefore could be deported from the United States. Ruling that a person was not a United States citizen was a prerequisite under both federal regulations and Supreme Court precedent in order for... |
2018 |
| Thomas Carnes, United States Military Academy, thomas.carnes@usma.edu |
The Right to Exclude Immigrants Does Not Imply the Right to Exclude Newcomers by Birth |
14 Journal of Ethics & Social Philosophy 28 (October, 2018) |
Recent arguments defending a state's right to restrict immigration argue from a certain notion of individual rights to a parallel collective state right to restrict immigration. These so-called statist arguments for closed borders have each received their fair share of independent criticism. Recently, however, an interesting generic challenge has... |
2018 |
| Laila Hlass |
The School to Deportation Pipeline |
34 Georgia State University Law Review 697 (Spring, 2018) |
The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has... |
2018 |
| Mary Holper |
The Unreasonable Seizures of Shadow Deportations |
86 University of Cincinnati Law Review 923 (2018) |
President Trump, during his campaign, promised a deportation task force to swiftly deport the eleven million undocumented noncitizens in the United States. Within his first week in office, he issued two Executive Orders calling for stricter immigration enforcement and a stronger border. The Department of Homeland Security (DHS) Memos... |
2018 |
| Lorena Espino-Piepp |
The Violence Against Women Act, Implicit Bias, and Judicial Training |
24 Cardozo Journal of Equal Rights & Social Justice 347 (Spring, 2018) |
C1-2TABLE OF CONTENTS TABLE OF CONTENTS. 347 INTRODUCTION. 348 I. HISTORY OF VAWA, IMMIGRATION LAWS, AND THE FAMILY COURT. 350 A. The Violence Against Women Act. 351 B. Domestic Violence and Latina Immigrant Women. 352 C. Immigration Laws and Domestic Violence. 353 D. VAWA's Response to the Specific Problems Faced by Immigrant Women in Accessing... |
2018 |
| Jaya Ramji-Nogales |
The War on Immigrants: Changing Military Culture |
32 Temple International and Comparative Law Journal 87 (Spring, 2018) |
This Comment responds to two central claims of Rosa Brooks's How Everything Became War and the Military Became Everything, namely that there's nothing solid behind concerns about a vastly expanded military and that the terms military and civilian are human constructs without predetermined meaning. This analysis draws upon immigration law and... |
2018 |
| Scott Titshaw |
Throwing the Baby out with the Patriarchy |
33 Berkeley Journal of Gender, Law & Justice 179 (Summer, 2018) |
Throughout the history of Europe and its former new world colonies, families have been a central unit for defining legal rights and duties, including those related to citizenship and immigration. Less than a century ago, a woman and her children automatically gained or lost citizenship in the U.S. and many other countries upon her marriage to a... |
2018 |
| Ariana Sañudo-Kretzmann |
Under Ice: the 'Bed Quota' and Political Rhetoric in American Immigrant Detention |
27 Southern California Review of Law & Social Justice 113 (Spring, 2018) |
They should call this place the jail of broken dreams. - Nilson Flores, detainee at Stewart Detention Center Detention of a migrant should be a matter of last resort. It should be an exception, not the rule. The thought that someone who is expressing fear of being killed in his home country, that we would put that person in a jail-like setting,... |
2018 |
| Christopher N. Lasch , R. Linus Chan , Ingrid V. Eagly , Dina Francesca Haynes , Annie Lai , Elizabeth M. McCormick , Juliet P. Stumpf |
Understanding "Sanctuary Cities" |
59 Boston College Law Review 1703 (May, 2018) |
L1-2Introduction . L31705 I. The Rise of Crimmigration. 1712 A. President Trump's Promise to End Sanctuary Cities. 1713 B. Crimmigration's Origins. 1719 C. Crimmigration's Enforcement Mechanisms. 1723 1. The Criminal Alien Program. 1724 2. The 287(g) Program. 1725 3. ICE Administrative Warrants. 1728 4. The Secure Communities Program. 1730 5. Other... |
2018 |
| Pauline Portillo |
Undocumented Crime Victims: Unheard, Unnumbered, and Unprotected |
20 Scholar: St. Mary's Law Review on Race and Social Justice 345 (2018) |
I. Introduction. 346 II. Background. 350 A. Mainstream Perceptions of Undocumented Immigrants. 350 B. Are Undocumented Individuals in Our Community Creating More Crime?. 353 III. Crimes Committed Against Immigrants. 354 A. Undocumented Victims Are Especially Vulnerable to Certain Crimes. 354 IV. Underreporting by Immigrant Crime Victims. 360 A.... |
2018 |
| Jared A. Goldstein |
Unfit for the Constitution: Nativism and the Constitution, from the Founding Fathers to Donald Trump |
20 University of Pennsylvania Journal of Constitutional Law 489 (February, 2018) |
The executive order on travel issued by President Donald Trump in January 2017 identified the foreigners who should be barred from entry as those who bear hostile attitudes toward the United States and its founding principles and who do not support the Constitution. As this Article shows, anti-immigrant movements have long used... |
2018 |
| Linus Chan |
Unjust Deserts: How the Modern Immigration System Lacks Moral Credibility |
16 Ohio State Journal of Criminal Law 103 (Fall, 2018) |
On February 26, 2018, the mayor of Oakland decided to give a warning to residents of the North Bay of an impending action by Immigration and Customs Enforcement to find and arrest non-citizens for removal from the United States. Her office posted a statement on Twitter which among other things said, My priority is for the well-being and safety of... |
2018 |
| DeLeith Duke Gossett |
[Take from Us Our] Wretched Refuse": the Deportation of America's Adoptees |
85 University of Cincinnati Law Review 33 (March, 2017) |
Give me your tired, your poor, Your huddled masses, yearning to breathe free, The wretched refuse of your teeming shore, Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door! ~ Emma Lazarus I. Introduction. 33 II. America: Land of Selective Immigration. 36 A. Economic Fears Drive Nativist Attitudes. 37 B. Nativism... |
2017 |
| Yvette Lopez-Cooper |
¿En Qué Te Puedo Ayudar? When Is a Crime Victim Helpful? Using California's Immigrant Victims of Crime Equity Act (Senate Bill 674) to Define the U Visa's Helpfulness Requirement |
53 California Western Law Review 149 (Spring, 2017) |
C1-2Table of Contents I. Introduction. 150 II. Victims of Trafficking and Violence Protection Act. 157 A. U Nonimmigrant Status Certification Requirement. 158 B. The Immigrant Victims of Crime Equity Act. 161 III. What Does Helpfulness Mean?. 162 IV. The Cultural Context Dilemma. 166 V. A Proposal for the Helpfulness Requirement. 170 A.... |
2017 |
| Christopher N. Lasch |
A Common-law Privilege to Protect State and Local Courts During the Crimmigration Crisis |
127 Yale Law Journal Forum 410 (October 24, 2017) |
abstract. Under the Trump presidency, Immigration and Customs Enforcement (ICE) officers have been making immigration arrests in state and local courthouses. This practice has sparked controversy. Officials around the country, including the highest judges of five states, have asked ICE to stop the arrests. ICE's refusal to do so raises the... |
2017 |
| Esther Yoona Cho |
A Double Bind-"Model Minority" and "Illegal Alien" |
24 Asian American Law Journal 123 (2017) |
Introduction. 124 I. The Social Location of Asian Immigrants in the United States. 124 II. Complex and Nuanced Realities of the Asian Race/Illegality Intersection. 127 A. Invisibility of Undocumented Asian Immigrants: That We Exist.. 127 B. Perceived Advantages of Undocumented Asian Immigrants: They Do Have an Advantage.. 128 C. The Model... |
2017 |
| Huyen Pham |
A Framework for Understanding Subfederal Enforcement of Immigration Laws |
13 University of Saint Thomas Law Journal 508 (Fall, 2017) |
When thirty-two-year-old Kate Steinle was randomly shot during broad daylight on San Francisco's Pier 14, the initial public reaction was one of shock. When the shooter was determined to be an unauthorized immigrant who had been deported five times, and had been recently released by the San Francisco Sheriff's Department despite an extensive... |
2017 |
| César Cuauhtémoc García Hernández |
Abolishing Immigration Prisons |
97 Boston University Law Review 245 (January, 2017) |
Introduction. 246 I. Immigration Imprisonment Today. 251 A. Defining Immigration Imprisonment. 252 B. Pathways into Immigration Imprisonment. 253 C. Lasting Power of Immigration Imprisonment. 257 II. Abolitionist Legacies. 260 A. Defining Abolition. 262 B. Abolition Past and Present. 265 III. Immigration Imprisonment's Moral Foundation. 274 A.... |
2017 |
| Bolatito Kolawole |
African Immigrants, Intersectionality, and the Increasing Need for Visibility in the Current Immigration Debate |
7 Columbia Journal of Race and Law 373 (2017) |
Africans are one of the fastest growing immigrant groups in the United States, yet their presence receives very little attention in public discourse about immigration. In an era where America's immigration policies have grown increasingly insular, African immigrants are particularly at risk of having measures that historically facilitated their... |
2017 |
| Margaret Hu |
Algorithmic Jim Crow |
86 Fordham Law Review 633 (November, 2017) |
This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the separate but equal discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the... |
2017 |
| M. Akram Faizer |
America First: Improving a Recalcitrant Immigration and Refugee Policy |
84 Tennessee Law Review 933 (Summer, 2017) |
Introduction. 934 I. An Argument for Changing the Current Recalcitrant Immigration Policy to Provide Temporary Residency for International Migrants. 936 II. The Migration Crisis and its Causes. 938 III. Rich World Recalcitrance and its Causes. 940 A. U.S. Migration. 941 B. U.K. Migration. 949 C. French Migration. 950 D. Canadian Migration. 951 IV.... |
2017 |
| Anita Sinha |
Arbitrary Detention? The Immigration Detention Bed Quota |
12 Duke Journal of Constitutional Law & Public Policy 77 (Spring, 2017) |
When President Obama took office in 2009, Congress through appropriations linked the U.S. Department of Homeland Security's (DHS) funding to maintaining 33,400 immigration detention beds a day. This provision, what this Article refers to as the bed quota, remains in effect, except now the mandate is 34,000 beds a day. Since 2009, DHS detentions... |
2017 |
| Paige Newman |
Arizona's Anti-immigration Law and the Pervasiveness of Racial Profiling |
31 Georgetown Immigration Law Journal 611 (Spring, 2017) |
Arizona's Senate Bill 1070 (S.B. 1070) was passed in 2010 as an anti-illegal immigration measure and subsequently became known as one of the broadest and strictest laws of its kind at the time it took effect. The law, entitled Support our Law Enforcement and Safe Neighborhoods Act, requires police to determine the immigrant status of someone... |
2017 |
| Harvey Gee |
Asian Americans and the Law: Sharing a Progressive Civil Rights Agenda During Uncertain Times |
10 DePaul Journal for Social Justice Just. 1 (Summer, 2017) |
The November election of Donald J. Trump as the 45 U.S. President heightened ever-growing concerns about a retrenchment of civil rights for Americans, limiting voting rights, invoking tougher criminal penalties, keeping Guantanamo Bay prison open and returning to aggressive interrogation techniques, mass deportations and stricter immigration laws.... |
2017 |
| Chris F. Wright , Stephen Clibborn |
Back Door, Side Door, or Front Door? An Emerging De-facto Low-skilled Immigration Policy in Australia |
39 Comparative Labor Law and Policy Journal 165 (Fall, 2017) |
Official routes of immigration can be conceptualized as small doors that permit entry selectively to certain categories of migrants deemed desirable. These small doors are situated within a much bigger protective wall of immigration control erected to deny entry to many other would-be migrants who fall outside of the selection criteria.... |
2017 |
| Frank Sharry |
Backlash, Big Stakes, and Bad Laws: How the Right Went for Broke and the Left Fought Back in the Fight over the 1996 Immigration Laws |
9 Drexel Law Review 269 (Spring, 2017) |
This Article reflects upon the political contestation that led to the enactment of the Antiterrorism and Effective Death Penalty Act and the Illegal Immigration Reform and Immigrant Responsibility Act, contextualizing the anti-immigration backlash and debates. Further, this Article discusses some of the ways in which immigration advocates sought to... |
2017 |
| Muneer I. Ahmad |
Beyond Earned Citizenship |
52 Harvard Civil Rights-Civil Liberties Law Review 257 (Summer, 2017) |
For more than a decade, a single rubric for legalization of the 11 million undocumented people in the United States has dominated every major proposal for comprehensive immigration reform, and continues to do so today: earned citizenship. Introduced as a rhetorical move intended to distinguish such proposals from amnesty, the earned citizenship... |
2017 |
| Ediberto Román , Ernesto Sagás |
Birthright Citizenship under Attack: How Dominican Nationality Laws May Be the Future of U.s. Exclusion |
66 American University Law Review 1383 (August, 2017) |
Attacks on birthright citizenship periodically emerge in the United States, particularly during presidential election cycles. Indeed, blaming immigrants for the country's woes is a common strategy for conservative politicians, and the campaign leading up to the 2016 presidential election was not an exception. Several of the Republican presidential... |
2017 |
| Kristin A. Collins |
Bureaucracy as the Border: Administrative Law and the Citizen Family |
66 Duke Law Journal 1727 (May, 2017) |
This contribution to the symposium on administrative law and practices of inclusion and exclusion examines the complex role of administrators in the development of family-based citizenship and immigration laws. Official decisions regarding the entry of noncitizens into the United States are often characterized as occurring outside of the normal... |
2017 |
| Rebecca Sharpless |
Cosmopolitan Democracy and the Detention of Immigrant Families |
47 New Mexico Law Review 19 (Winter, 2017) |
July 10, 2014: [O]ur message to [people who unlawfully cross the Mexican border with their children] is simple: We will send you back. We are building additional space to detain [families] and hold them until their expedited removal orders are effectuated. Jeh Johnson, Secretary of the U.S. Department of Homeland Security June 24, 2015: I have... |
2017 |
| Annie Lai , Christopher N. Lasch |
Crimmigration Resistance and the Case of Sanctuary City Defunding |
57 Santa Clara Law Review 539 (2017) |
C1-2Table of Contents Introduction. 540 I. Threats to Defund Sanctuary Cities and Their Origins. 544 A. Four Decades (and Four Waves) of Sanctuary. 546 B. Sanctuary Defunding Becomes a Mainstay of the Trump Campaign. 548 C. Failed Legislative Attempts at Sanctuary Defunding. 550 D. Sanctuary Defunding Pursued as Part of the Federal Budgeting... |
2017 |
| Yolanda Vázquez |
Crimmigration: the Missing Piece of Criminal Justice Reform |
51 University of Richmond Law Review 1093 (May, 2017) |
Our nation is being robbed of men and women who could be workers and taxpayers, could be more actively involved in their children's lives, could be role models, could be community leaders, and right now they're locked up for a nonviolent offense. --President Barack Obama On July 13, 2015, President Barack Obama commuted the sentences of forty-six... |
2017 |
| Margaret Hu |
Crimmigration-counterterrorism |
2017 Wisconsin Law Review 955 (2017) |
The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better understood through the analytical prism of crimmigration-counterterrorism: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced... |
2017 |
| Rachel Nadas, Jayesh Rathod |
Damaged Bodies, Damaged Lives: Immigrant Worker Injuries as Dignity Takings |
92 Chicago-Kent Law Review 1155 (2017) |
In 2012, Alberto, a forty-three-year-old undocumented day laborer of Guatemalan origin, was hired by a contractor in northern Virginia, along with three other workers. As is often the case with day labor hiring, the contractor did not inform Alberto in advance about the type of work he would be doing. When Alberto arrived at the work site--a... |
2017 |
| Sirine Shebaya |
Does the Priority Enforcement Program Solve the Constitutional Problems with Ice Detainers? |
13 University of Saint Thomas Law Journal 566 (Fall, 2017) |
In November 2014, President Obama issued a long-awaited executive action on immigration. The executive action included two critical components: first, a grant of deferred action to qualifying undocumented parents of U.S. citizens and Lawful Permanent Residents and to persons who entered the United States as children; and second, a series of changes... |
2017 |
| Leticia M. Saucedo |
Employment Authorization and Immigration Status: the Janus-faced Immigrant Worker |
43 Ohio Northern University Law Review 471 (2017) |
This Essay explores the distinct identities of immigrant workers. The ancient myth of Janus as the gatekeeper who looks both backward and forward captures the duality of immigrant workers, who are both immigrants and workers. On one hand the immigrant worker has a past that might include an undocumented entry into or overstay in the United States;... |
2017 |
| Kelly L. Anderson |
Enforcing Rights for Immigrants Facing the Ultimate Criminal Penalty: Deportation |
80 Albany Law Review 995 (2016-2017) |
In the United States, the death penalty is considered the ultimate punishment for the commission of a crime. A criminal defendant may be eligible for death if convicted of the most heinous type of crime--usually some form of aggravated first-degree murder. Because death is such a severe punishment, the U.S. Supreme Court has outlined a number of... |
2017 |
| Jenny-Brooke Condon |
Equal Protection Exceptionalism |
69 Rutgers University Law Review 563 (Winter, 2017) |
Equal protection doctrine addressed to immigrants' rights is thoroughly exceptional. It is an amalgam of super-deference, suspect class treatment, and even intermediate scrutiny, depending upon whether immigrants are present in the United States lawfully or not, and whether a state or federal classification is at issue. No other area of equal... |
2017 |
| Angela D. Morrison |
Executive Estoppel, Equitable Enforcement, and Exploited Immigrant Workers |
11 Harvard Law & Policy Review 295 (Spring, 2017) |
Unauthorized workers in abusive workplaces have found themselves in a tug-of-war between federal agencies that seek to protect the workers under federal workplace laws on the one hand, and federal agencies that seek to prosecute or deport the workers on the other hand. Federal law contains a host of workplace protections designed to prohibit... |
2017 |
| Katherine Conway |
Fundamentally Unfair: Databases, Deportation, and the Crimmigrant Gang Member |
67 American University Law Review 269 (October, 2017) |
Provocative language painting immigrants as dangerous criminals and promises of increased immigration enforcement were cornerstones of Donald J. Trump's presidential candidacy. As president, he has maintained this rhetoric and made good on many of his promises by broadening the definition of criminal conduct for immigration enforcement purposes,... |
2017 |
| Jennifer C. Critchley , Lisa J. Trembly |
Historical Review, Current Status and Legal Considerations Regarding Sanctuary Cities |
306-JUN New Jersey Lawyer, the Magazine 32 (June, 2017) |
Historically, sanctuary cities developed in response to the Central American Sanctuary Movement in the 1980s, when immigrants from Central America sought refuge in the United States but were denied asylum. During the movement, churches and religious organizations sought to hide, shelter and feed Central American immigrants who fled their region's... |
2017 |
| Stella Burch Elias |
Immigrant Covering |
58 William and Mary Law Review 765 (February, 2017) |
Over the last ten years there has been a marked shift in U.S. immigration law away from reliance upon statutory authorization and regulatory provisions to subregulatory or liminal rules and discretionary decision-making. This trend is apparent in both federal immigration law and in state and local rulemaking affecting immigrant communities. This... |
2017 |
| Andrew Tae-Hyun Kim |
Immigrant Passing |
105 Kentucky Law Journal 95 (2016-2017) |
The metaphor of America as a melting-pot is as old as this country's founding. In its aspirational reach and inclusive vision, this storied narrative is alluring. This assimilationist norm is deeply woven into our culture and laws. But the demand to assimilate can easily cross the line into unlawful discrimination and exact untold harms on an... |
2017 |
| Kevin R. Johnson |
Immigration and Civil Rights in the Trump Administration: Law and Policy Making by Executive Order |
57 Santa Clara Law Review 611 (2017) |
C1-2Table of Contents Introduction. 612 I. The Obama Administration on Immigration. 616 A. Enforcement: Record Crime-Based Removals. 616 B. Relief for the Undocumented: DACA and DAPA. 625 C. Failed Immigration Reform. 626 II. President Trump: Aggressive Immigration Enforcement by Executive Order. 628 A. The Travel Ban and the Redos. 630 B. The... |
2017 |