| Author | Title | Citation | Summary | Year |
| Garrett L. Hartley |
No Sanctuary: an Analysis of the Trump Administration's War on Sanctuary Jurisdictions |
49 Cumberland Law Review 355 (2018-2019) |
The emergence of sanctuary jurisdictions over the past three decades has given rise to new issues of federalism in immigration enforcement. The increasing number of state and local authorities that refuse to comply with federal immigration requirements has created a tension between these jurisdictions and the federal government. This has culminated... |
2019 |
| Daisy J. Ramirez |
NO SOY DE AQUÍ, NI SOY DE ALLÁ: U.S. CITIZEN CHILDREN ARE PAYING THE PRICE FOR OUR NATION'S BROKEN IMMIGRATION SYSTEM |
25 Scholar: St. Mary's Law Review on Race and Social Justice 369 (2023) |
Introduction - Jasmin's Story. 371 I. Historical Framework of our Nation's Immigration Acts. 380 A. The Immigration and Nationality Act of 1965. 381 B. Immigration Reform and Control Act of 1986. 383 C. Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 386 II. Why are there so many U.S. Citizen Children with Undocumented... |
2023 |
| Maria L. Ontiveros |
Noncitizen Immigrant Labor and the Thirteenth Amendment: Challenging Guest Worker Programs |
38 University of Toledo Law Review 923 (Spring 2007) |
CURRENTLY, immigration is a hot-button issue. Hundreds of thousands of people march in the streets to demand human rights and dignity for immigrant workers and their families. Armed citizens patrol the border to apprehend unauthorized immigrants, while human rights groups leave water in the desert in a desperate attempt to prevent the deaths of... |
2007 |
| NORA V. DEMLEITNER, JON M. SANDS Assistant Federal Public Defender, District of Arizona |
Non-citizen Offenders and Immigration Crimes: New Challenges in the Federal System |
2002 Federal Sentencing Reporter 31304859 (March 1, 2002) |
In absolute numbers the last decade has seen the largest influx of immigrants in the history of the United States. With the rise in immigration, the United States has also witnessed an increase in the number of non-citizens under the supervision of the criminal justice system. The vast increase in immigration has raised a series of important... |
2002 |
| Victor C. Romero |
Noncitizen Students and Immigration Policy Post-9/11 |
17 Georgetown Immigration Law Journal 357 (Spring, 2003) |
My task is to describe the post-9/11 world for noncitizens students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to... |
2003 |
| Peter Margulies |
Noncitizens' Remedies Lost?: Accountability for Overreaching in Immigration Enforcement |
6 FIU Law Review 319 (Spring, 2011) |
Remedies for government overreaching in immigration cases have always embodied a dilemma. On the one hand, the government sometimes acts excessively, failing to provide allegedly removable noncitizens with appropriate process, using excessive force in arrests, or detaining noncitizens too long or under poor conditions. On the other hand,... |
2011 |
| Mishan Kara |
NONCITIZENS, MENTAL HEALTH, AND IMMIGRATION ADJUDICATION |
109 Virginia Law Review Online 162 (October, 2023) |
When a noncitizen commits a crime in the United States, they become vulnerable to the possibility of the government instigating removal proceedings against them. According to the Immigration and Nationality Act, the noncitizen can argue in their defense that the crime they committed was not particularly serious. In this particularly serious crime... |
2023 |
| Atinuke O. Adediran |
NONPROFIT BOARD COMPOSITION |
83 Ohio State Law Journal 357 (2022) |
This Article addresses a critical gap in the literature and current debates about the composition of nonprofit boards. The law of fiduciary duties and nonprofit governance best practices do not provide sufficient guidance on how to compose boards to empower the communities they serve. And even as the corporate sector is seizing on current important... |
2022 |
| Johnny Thach |
Not Far Enough: the Rising Elderly Prison Population and Criminal Justice and Prison Reform Following the First Step Act of 2018 |
26 Cardozo Journal of Equal Rights & Social Justice 631 (Spring, 2020) |
C1-2Table of Contents Introduction. 632 I. Elderly People in the Current United States Prison System. 637 A. The Rising Elderly Prison Population. 640 B. Old Age and Physical and Mental Impairments. 641 C. Non-Integration in a Correctional Setting. 643 D. Health Care and Medical Services. 644 E. Disproportionate Number of Deaths in Prison. 647 II.... |
2020 |
| Deborah A. Morgan |
Not Gay Enough for the Government: Racial and Sexual Stereotypes in Sexual Orientation Asylum Cases |
15 Law and Sexuality: A Review of Lesbian, Gay, Bisexual and Transgender Legal Issues 135 (2006) |
I. Introduction. 135 II. Background. 137 A. Racism and Homophobia in the Immigration Process. 138 B. The Asylum Process. 139 C. Characteristics of Asylum Applicants. 141 D. Not Gay Enough for the Government: The Case of Mohammad . 144 III. Uncovering Bias in Sexual Orientation Asylum Decisions. 147 A. Racial Stereotypes and Essentialism. 148 B.... |
2006 |
| Nathan D. Clark |
Not the Place for You : Anti-immigrant Housing Ordinances, Federal Preemption, and Keller V. City of Fremont, 719 F.3d 931 (8th Cir. 2013), Cert. Denied, 134 S. Ct. 2140 (2014) |
93 Nebraska Law Review 226 (2014) |
I. Introduction. 227 II. Background. 233 A. Federal Preemption. 233 B. Federal Authority in the Area of Immigration. 236 1. The Naturalization Clause, Foreign Affairs, and Foreign Commerce. 237 2. Congressional Enactments. 238 C. Supreme Court Immigration Jurisprudence. 239 1. Early Supreme Court Cases. 239 2. Hines v. Davidowitz. 241 3. DeCanas v.... |
2014 |
| Rick Su |
Notes on the Multiple Facets of Immigration Federalism |
15 Tulsa Journal of Comparative & International Law 179 (Spring 2008) |
Immigration is a national issue and a federal responsibility. To describe it solely in those terms today seems almost wistfully passé. There is increasing skepticism as to the federal government's willingness or ability to regulate immigration in the twenty-first century. At the same time, there appears to be growing enthusiasm for an increased... |
2008 |
| Sarah Houston |
NOW THE BORDER IS EVERYWHERE: WHY A BORDER SEARCH EXCEPTION BASED ON RACE CAN NO LONGER STAND |
47 Mitchell Hamline Law Review 197 (February, 2021) |
I. Introduction. 197 II. Historical Background. 201 A. History of Expedited Removal. 201 B. Immigration Exceptionalism on the Border. 203 III. Race Can No Longer Justify Immigration Stops and Searches. 207 A. Demographic Shift--Latinos as a Majority Presence. 207 B. The Creeping Expansion of Immigration Enforcement Past the Border. 211 C. Vagueness... |
2021 |
| Sudha Setty |
Obama's National Security Exceptionalism |
91 Chicago-Kent Law Review 91 (2016) |
One of the premises of this symposium is that the Obama administration, in undertaking various executive actions that protect some of the vulnerable immigrant populations in the United States, is acting in a more rights-protective manner than Congress has explicitly authorized. This Essay juxtaposes this perceived dynamic with policies in the... |
2016 |
| 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 |
| Hugh Cassidy , Tennecia Dacass , Kansas State University, Central Washington University |
OCCUPATIONAL LICENSING AND IMMIGRANTS |
64 Journal of Law & Economics 1 (February, 2021) |
This study examines the incidence and impact of occupational licensing on immigrants using two sources of data: the Current Population Survey and the Survey of Income and Program Participation. We find that immigrants are significantly less likely to have a license than similar natives and that this gap is largest for men, workers in the highest... |
2021 |
| Bhavani Raman , University of Toronto, Toronto, ON, Canada, E-mail: bhavani.raman@utoronto.ca |
OCEANIC MOBILITY AND THE EMPIRE OF THE PASS SYSTEM |
41 Law and History Review 565 (August, 2023) |
From the age of empires to the apartheid regime in South Africa, pass laws have defined the scope of the mobility of subjects by relying on a paper document, the pass. This essay focusses on the pass document to understand the governance of mobility in the Indian ocean. In doing so, it shows how the pass document in its various forms through many... |
2023 |
| Etienne C. Toussaint |
OF AMERICAN FRAGILITY: PUBLIC RITUALS, HUMAN RIGHTS, AND THE END OF INVISIBLE MAN |
52 Columbia Human Rights Law Review 826 (Winter, 2021) |
The COVID-19 pandemic has exposed the fragility of American democracy in at least two important ways. First, the coronavirus has ravaged Black communities across the United States, unmasking decades of inequitable laws and public policies that have rendered Black lives socially and economically isolated from adequate health care services,... |
2021 |
| Mark C. Weber |
Of Immigration, Public Charges, Disability Discrimination, And, of All Things, Hobby Lobby |
52 Arizona State Law Journal 245 (Spring, 2020) |
This Essay seeks to demonstrate that federal disability discrimination law conflicts with and thus supervenes the Trump Administration's new regulations changing the standards for excluding immigrants from the United States on the basis of their likelihood of becoming a public charge. The new regulations use an explicit disability-related... |
2020 |
| César Cuauhtémoc García Hernández |
Of Inferior Stock: the Two-pronged Repression of Radical Immigrant Birth Control Advocates at the Turn-of-the-twentieth Century |
20 Saint Thomas Law Review 513 (Spring 2008) |
I. Introduction. 513 II. Birth Control: A Threat to Morality. 516 III. Immigration Law and the Threat of the Dysgenic Hordes. 521 IV. Convergence of Immigration Law & Criminal Law. 527 V. Conclusion. 536 |
2008 |
| Raquel Aldana |
Of Katz and "Aliens": Privacy Expectations and the Immigration Raids |
41 U.C. Davis Law Review 1081 (February, 2008) |
This Article examines privacy rights for noncitizens in the context of the recent immigration raids in peoples' homes and the workplace. The Immigration and Customs Enforcement Office is conducting these raids with general or defective warrants and executes them in a discriminating dragnet-style, mostly against Latinos. The Fourth Amendment,... |
2008 |
| Duane Rudolph |
Of Moral Outrage in Judicial Opinions |
26 William and Mary Journal of Race, Gender, and Social Justice 335 (Winter, 2020) |
Moral outrage is a substantive and remedial feature of our laws, and the Article addresses three questions overlooked in the scholarly literature. What do judges mean when they currently express moral outrage in the remedies portion of their opinions? Should judges express such moral outrage at all? If so, when? Relying on a branch of legal... |
2020 |
| Alex B. Long |
OF PROSECUTORS AND PREJUDICE (OR "DO PROSECUTORS HAVE AN ETHICAL OBLIGATION NOT TO SAY RACIST STUFF ON SOCIAL MEDIA?") |
55 U.C. Davis Law Review 1717 (February, 2022) |
C1-2Table of Contents Introduction. 1719 I. The Special Role of Prosecutors and Public Perception of the Criminal Justice System. 1725 II. The Rules of Professional Conduct and Extra-prosecutorial Speech Manifesting Bias. 1729 A. Rule 3.8: Special Responsibilities of a Prosecutor. 1729 B. Rule 8.4(g): Discrimination. 1730 C. Rule 8.4(d): Conduct... |
2022 |
| Lee Ann S. Wang |
Of the Law, but Not its Spirit": Immigration Marriage Fraud as Legal Fiction and Violence Against Asian Immigrant Women |
3 UC Irvine Law Review 1221 (December, 2013) |
Introduction. 1221 I. Immigration Marriage Fraud as a Legal Fiction. 1228 II. The Racial Problem with Coaching . 1235 III. Translation as Fraudulent Speaker. 1239 IV. Love Letters and Whiteness. 1243 V. The Citizen Subject as Innocent Speaker. 1246 Conclusion. 1249 |
2013 |
| Kunal M. Parker |
Official Imaginations: Globalization, Difference, and State-sponsored Immigration Discourses |
76 Oregon Law Review 691 (Fall 1997) |
Any attempt to situate the immigrant in the inter/national imagination, as the title of this symposium bids us do, must engage two extremely influential academic discourses. I will designate them as (1) the discourse of globalization as a cultural phenomenon and (2) the discourse of difference. Certain strains within these discourses deploy to... |
1997 |
| Matthew T. Hovey |
Oh, I'm Sorry, Did That Identity Belong to You? How Ignorance, Ambiguity, and Identity Theft Create Opportunity for Immigration Reform in the United States |
54 Villanova Law Review 369 (2009) |
No subject touches the essence of the American experience more fundamentally than immigration, for our history is that of a heterogeneous people in quest of a homogeneous national identity. In 2004, Mr. Nassim Mohamed Leon, a Tanzanian man who legally immigrated to the United States and subsequently became a naturalized citizen, achieved a feat... |
2009 |
| Andrew Hammond |
ON FIRES, FLOODS, AND FEDERALISM |
111 California Law Review 1067 (August, 2023) |
In the United States, law condemns poor people to their fates in states. Where Americans live continues to dictate whether they can access cash, food, and medical assistance. What's more, immigrants, territorial residents, and tribal members encounter deteriorated corners of the American welfare state. Nonetheless, despite repeated retrenchment... |
2023 |
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review 1289 (September, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review Online 239 (August, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
| Emily Ryo |
On Normative Effects of Immigration Law |
13 Stanford Journal of Civil Rights & Civil Liberties 95 (February, 2017) |
Can laws shape and mold our attitudes, values, and social norms, and if so, how do immigration laws affect our attitudes or views toward minority groups? I explore these questions through a randomized laboratory experiment that examines whether and to what extent short-term exposures to anti-immigration and pro-immigration laws affect people's... |
2017 |
| D. Wendy Greene |
On Race, Nationhood, and Citizenship: Laura E. Gómez, Manifest Destinies: the Making of the Mexican American Race--new York University Press, 2007 |
34 Thurgood Marshall Law Review 421 (Spring, 2009) |
In response to a marked increase in immigration from South and Central America and a rapidly changing demography, within the past two decades a number of United States news pundits, politicians, and scholars have manufactured media campaigns linking illegal immigration in the United States to individuals of Mexican descent. This portrayal has... |
2009 |
| Khaled A. Beydoun |
ON TERRORISTS AND FREEDOM FIGHTERS |
136 Harvard Law Review Forum 1 (20-Oct-22) |
The Russian invasion of Ukraine in late March of 2022 ushered in a new chapter of war on the European continent. For a Russian regime intent on actualizing its imperial vison and an accosted Ukranian community fighting in the name of self-determination, this war is far more than a theater of war. Ukraine evolved into real-time drama for racial... |
2022 |
| Todd H. Goodsell |
On the Continued Need for H-1b Reform: a Partial, Statutory Suggestion to Protect Foreign and U.s. Workers |
21 BYU Journal of Public Law 153 (2007) |
During the summer of 2006, the nation was abuzz with talk of immigration reform. From Congress to Calexico, talk of amnesty and anti-terrorism, green cards and orange cards, minute men and mini-Ellis Islands filled both backyard summer barbecues and news reports. Emotions and rhetoric ran high. It seemed as though everyone had an opinion, but no... |
2007 |
| Maya J. Williams |
ON THE FENCE ABOUT IMMIGRATION AND OVERPOPULATION: "ENVIRONMENTALISTS" CHALLENGE DHS POLICIES ON NEPA BASIS IN WHITEWATER DRAW NATURAL RESOURCE CONSERVATION DISTRICT v. MAYORKAS |
34 Villanova Environmental Law Journal 301 (2023) |
Since the late 1990s, anti-immigration forces based on environmental concerns have been prevalent in the United States. Referred to as the greening of hate, organizations like the Sierra Club - one of the nation's most significant environmental organizations - have identified immigrants as the leading cause of overpopulation as well as urban... |
2023 |
| Michael McCann , Filiz Kahraman |
ON THE INTERDEPENDENCE OF LIBERAL AND ILLIBERAL/AUTHORITARIAN LEGAL FORMS IN RACIAL CAPITALIST REGIMES . THE CASE OF THE UNITED STATES |
17 Annual Review of Law and Social Science 483 (2021) |
legal orders, race and inequality, labor, capitalism, authoritarianism, liberalism Scholars conventionally distinguish between liberal and illiberal, or authoritarian, legal orders. Such distinctions are useful but often simplistic and misleading, as many regimes are governed by plural, dual, or hybrid legal institutions, principles, and practices.... |
2021 |
| Asad L. Asad |
On the Radar: System Embeddedness and Latin American Immigrants' Perceived Risk of Deportation |
54 Law and Society Review 133 (March, 2020) |
Drawing on in-depth interviews with 50 Latin American immigrants in Dallas, Texas, this article uncovers systematic distinctions in how immigrants holding different legal statuses perceive the threat of deportation. Undocumented immigrants recognize the precarity of their legal status, but they sometimes feel that their existence off the radar of... |
2020 |
| Jamelia Morgan |
ON THE RELATIONSHIP BETWEEN RACE AND DISABILITY |
58 Harvard Civil Rights-Civil Liberties Law Review 663 (Summer, 2023) |
For decades, legal scholars have examined the similarities between race and disability, and in particular, the similarities between the forms of social subordination, marginalization, and exclusion experienced by either racial minorities or people with disabilities. This Article builds on this existing scholarship to articulate and defend an... |
2023 |
| Devon A. Corneal |
On the Way to Grandmother's House: Is U.s. Immigration Policy More Dangerous than the Big Bad Wolf for Unaccompanied Juvenile Aliens? |
109 Penn State Law Review 609 (Fall, 2004) |
When Little Red Riding Hood began her now infamous journey, she stepped onto a well-marked path designed to take her straight to her loving (albeit ailing) grandmother's house and home again. Neither Red Riding Hood nor her mother had any reason to fear that her outing would be anything but a safe and uneventful jaunt to take her grandmother a... |
2004 |
| Abby Sullivan |
On Thin Ice: Cracking down on the Racial Profiling of Immigrants and Implementing a Compassionate Enforcement Policy |
6 Hastings Race and Poverty Law Journal 101 (Winter 2009) |
Since 2006 the United States Immigration and Customs Enforcement (ICE) has increasingly conducted workplace and residence raids as a prominent mechanism for the enforcement of immigration laws. According to the Immigration Policy Center, a nonprofit immigration think tank, the immigration reform debate's heavy focus on undocumented immigration... |
2009 |
| Timothy J. Lukes , Minh T. Hoang |
Open and Notorious: Adverse Possession and Immigration Reform |
27 Washington University Journal of Law and Policy 123 (2008) |
The first thing visitors see upon arrival to Kelley Park and its San Jose Historical Museum is a replica of the gigantic light tower that briefly straddled the corner of Santa Clara and Market Streets. The tower was built by J. J. Owen, whose enlightenment interests also inspired his purchase of the San Jose Mercury, where a poetic supporter waxed... |
2008 |
| Kevin R. Johnson |
Open Borders? |
51 UCLA Law Review 193 (October, 2003) |
U.S. immigration law is premised on the fundamental idea that it is permissible, desirable, and necessary to restrict immigration into the United States and to treat borders as a barrier to entry rather than a port of entry. In this Article, Kevin Johnson seeks to add to the scholarly dialogue on immigration law by considering the possible... |
2003 |
| Maritza I. Reyes |
Opening Borders: African Americans and Latinos Through the Lens of Immigration |
17 Harvard Latino Law Review Rev. 1 (Spring 2014) |
African-American and Latino voter turnout during the 2008 and 2012 presidential elections hit record numbers. Polls show that the immigration debate influenced Latino voter turnout and preference. Presidential candidate Barack Obama's voiced support of comprehensive immigration reform strengthened his lead among Latino voters in 2008 and, once in... |
2014 |
| Kevin R. Johnson |
Opening the Floodgates: Why America Needs to Rethink its Borders and Immigration Laws |
61 SMU Law Review Rev. 3 (Winter 2008) |
TIME and time again, U.S. immigration law has been well behind global and domestic changes, resulting in numerous laws and incidents that we now regret as a nation. Sadly, the United States is still behind the times. In terms of immigration policy, the nation still lives in a world of kingdoms with moats, walls, and barriers, rather than a modern... |
2008 |
| Mark C. Weber |
Opening the Golden Door: Disability and the Law of Immigration |
8 Journal of Gender, Race and Justice 153 (Spring 2004) |
The United States is a nation of immigrants. It is also a nation founded on ideals of equality, however imperfectly realized those ideals have always been. This Article considers the equality rights of people with disabilities who seek to pass through the golden door of immigration into the United States. After the early historical period of free... |
2004 |
| Shefali Milczarek-Desai |
OPENING THE PANDEMIC PORTAL TO RE-IMAGINE PAID SICK LEAVE FOR IMMIGRANT WORKERS |
111 California Law Review 1171 (August, 2023) |
Historically, pandemics have forced humans to break with the past and imagine their world anew. This one is no different. It is a portal, a gateway between one world and the next. --Arundhati Roy The COVID-19 pandemic has spotlighted the crisis low-wage immigrant and migrant (im/migrant) workers face when caught in the century-long collision... |
2023 |
| Francesca Strumia , Asha Kaushal |
Opening the Ranks of Constitutional Subjects: Immigration, Identity, and Innovation in Italy and Canada |
18 German Law Journal 1657 (December 1, 2017) |
The relationship between immigration and constitutional identity is simultaneously obvious and evasive. This Article explores that relationship through a comparative case study of Italy and Canada. It begins with a conceptual analysis of the role of immigration against the backdrop of collective identity, constitutional identity, and constitutional... |
2017 |
| Linda S. Bosniak |
Opposing Prop. 187: Undocumented Immigrants and the National Imagination |
28 Connecticut Law Review 555 (Spring, 1996) |
Political imagination is, almost always, national imagination. Among the many bruising battles engendered by the recent immigration wars in this country, the battle over California's Proposition 187 has touched an exceptionally deep nerve. Approved by the state's voters in 1994, this anti-illegal alien initiative willif the courts uphold... |
1996 |
| Ryan Saunders |
OPTING OUT OF THE EXCEPTION: WASHINGTON'S OPPORTUNITY TO PROVIDE DUE PROCESS FOR DETAINED IMMIGRANTS |
22 Seattle Journal for Social Justice 155 (Fall, 2023) |
The Northwest Detention Center also known as NW ICE Processing Center in Tacoma, WA is one of the largest immigration prisons in the country, with a capacity to hold up to 1,975 immigrants. People end up in the detention center after being transferred from prisons in our state after ending their sentences, after being detained during immigration... |
2023 |
| Jacob Bronsther , Guha Krishnamurthi |
OPTIONAL LEGISLATION |
107 Minnesota Law Review 297 (November, 2022) |
Not since the nineteenth century has partisanship been this intense. The only thing that Democrats and Republicans can agree upon, it seems, is that Washington is broken. Indeed, for years now, Congress has been unable to pass legislation on issues that pose serious risk to the nation and on which there is broad consensus for a federal solution... |
2022 |
| Michael D. Ramsey |
Originalism and Birthright Citizenship |
109 Georgetown Law Journal 405 (December, 2020) |
The first sentence of the Fourteenth Amendment provides: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. This language raises two substantial questions of scope. First, what does it mean to be born in the United States? Does... |
2020 |