| Author | Title | Citation | Summary | Year |
| 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 |
| Jennifer M. Chacón |
Immigration and the Bully Pulpit |
130 Harvard Law Review Forum 243 (May, 2017) |
One evening in early February, I sat in a nondescript hall in a local community center in a Southern California city. This city is over seventy-five percent Latino, and a sizable population of unauthorized immigrants live and work alongside U.S. citizens here. In addition to inflicting widespread emotional pain, full enforcement of the nation's... |
2017 |
| David S. Rubenstein, Pratheepan Gulasekaram |
Immigration Exceptionalism |
111 Northwestern University Law Review 583 (2017) |
Abstract--The Supreme Court's jurisprudence is littered with special immigration doctrines that depart from mainstream constitutional norms. This Article reconciles these doctrines of immigration exceptionalism across constitutional dimensions. Historically, courts and commentators have considered whether immigration warrants exceptional... |
2017 |
| Virgil Wiebe |
Immigration Federalism in Minnesota: What Does Sanctuary Mean in Practice? |
13 University of Saint Thomas Law Journal 581 (Fall, 2017) |
Introduction. 582 I. What is Sanctuary?. 583 II. The Home as Sanctuary--The Limits to One's Castle. 585 III. Houses of Worship--The Quintessential Sanctuaries. 588 A. The Sanctuary Movement of the 1980s in Minnesota. 589 B. The New Sanctuary Movement in Minnesota. 591 C. Legal Issues Facing Sanctuary Congregations. 593 IV. Schools, Colleges, and... |
2017 |
| Robin Jacobson |
Immigration in Between |
52 Tulsa Law Review 529 (Spring, 2017) |
Hiroshi Motomura, Immigration Outside the Law (Oxford University Press 2014) Pp. 360. Hardcover $31.95. Natalia Molina, How Race is Made in America: Immigration, Citizenship, and the Historical Power of Racial Scripts (University of California Press 2014) Pp. 232. Hardcover $65.00. Paperback $27.95. Systems of immigration are not simply national... |
2017 |
| Matthew Lindauer, Brooklyn College, cuny, Australian National University, matthew.lindauer@anu.edu.au |
Immigration Policy and Identification Across Borders |
12 Journal of Ethics & Social Philosophy 280 (December, 2017) |
Immigration policies can express disrespect for members of society, nonmembers, or both. Proponents of the traditional state sovereignty view on immigration have generally held that only policies in the first and third categories could be moral wrongs--it is morally regrettable, perhaps, but not morally impermissible for a state to implement... |
2017 |
| Ilya Somin |
Immigration, Freedom, and the Constitution |
40 Harvard Journal of Law & Public Policy Pol'y 1 (April, 2017) |
In recent years, many conservatives have come to favor a highly restrictionist approach to immigration policy. But that position is in conflict with their own professed commitment to principles such as free markets, liberty, colorblindness, and enforcing constitutional limits on the power of the federal government. These values ultimately all... |
2017 |
| M. Isabel Medina |
In Search of the Nation of Immigrants: Balancing the Federal State Divide |
20 Harvard Latinx Law Review Rev. 1 (Spring, 2017) |
Issues raising the role of immigration and immigrants and the relationship between the federal government and the states under our constitutional framework have dominated the national dialogue this past year, and promise to continue to challenge us in years to come. They are questions that tested us at the founding of this republic and that... |
2017 |
| Lori A. Nessel |
Instilling Fear and Regulating Behavior: Immigration Law as Social Control |
31 Georgetown Immigration Law Journal 525 (Spring, 2017) |
Probably no other area of American law has been so radically insulated and divergent from those fundamental norms of constitutional right, administrative procedure, and judicial role that animate the rest of our legal system. As to [noncitizens seeking admission], the decisions of executive or administrative officers, acting within powers expressly... |
2017 |
| Erin M. Adam |
Intersectional Coalitions: the Paradoxes of Rights-based Movement Building in Lgbtq and Immigrant Communities |
51 Law and Society Review 132 (March, 2017) |
Over the past decade, inter- and intra-movement coalitions composed of organizations within the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) and immigrant rights movements have formed at the local level. These coalitions speak to a massive organizing effort that has achieved some rights campaign successes. However, coalition unity that... |
2017 |
| Shoba Sivaprasad Wadhia |
Is Immigration Law National Security Law? |
66 Emory Law Journal 669 (2017) |
Introduction. 670 I. Executive Branch. 672 A. Refugees. 672 B. Central American Families. 674 C. Restrictions Based on Race, Religion, Nationality, and Citizenship. 676 1. Legality. 678 2. Feasibility. 680 3. Moral Considerations: American Identity and Reputation. 681 II. Legislative Branch. 682 A. Comprehensive Immigration Reform. 682 B.... |
2017 |
| Jason A. Cade |
Judging Immigration Equity: Deportation and Proportionality in the Supreme Court |
50 U.C. Davis Law Review 1029 (February, 2017) |
Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court's jurisprudence across a range of substantive and procedural challenges over the... |
2017 |
| Panelists Hasan Shafiqullah, Amy Taylor, Martin Batalla, Michael Wildes, Anthony Enriquez, Moderated by: Javeria Ahmed, Attorney-in-Charge, Immigration Law Unit, The Legal Aid Society, Director of Legal Services, Make the Road New York, Member, Make the R |
Life after Daca: Immigration Reform in the Age of Trump |
24 Cardozo Journal of Equal Rights & Social Justice 105 (Fall, 2017) |
MS. JAVERIA AHMED: Hi everyone. Can you hear me okay? Welcome to the Fall Symposium for the Journal of Equal Rights and Social Justice. My name is Javeria Ahmed, I'm the Editor in Chief and I'm really excited to have you guys with us tonight. The topic that we'll be discussing is the revocation of DACA, or the Deferred Action for Childhood Arrivals... |
2017 |
| Azadeh Shahshahani |
Local Police Entanglement with Immigration Enforcement in Georgia |
2017 Cardozo Law Review de novo 105 (2017) |
C1-2Table of Contents Introduction. 105 I. Section 287(g). 106 II. House Bill 87. 111 III. Secure Communities. 113 IV. Priority Enforcement Program. 116 Conclusion. 118 |
2017 |
| James M. Rice |
Looking past the Label: an Analysis of the Measures Underlying "Sanctuary Cities" |
48 University of Memphis Law Review 83 (Fall, 2017) |
I. Introduction. 85 II. Background. 90 A. Religious Community Development of the Sanctuary Movement. 90 B. Increased Interior Enforcement and the Expansion of the Sanctuary Movement. 92 III. Immigration Enforcement and The Impact of Sanctuary Measures. 96 A. Level of Immigration Enforcement. 97 B. The Effect of Sanctuary Measures on ICE. 98 1.... |
2017 |
| Elvia R. Arriola , Virginia M. Raymond |
Migrants Resist Systemic Discrimination and Dehumanization in Private, For-profit Detention Centers |
15 Santa Clara Journal of International Law L. 1 (February 1, 2017) |
It gives me much pleasure to participate in this hunger strike. I cannot bear this punishment any more. I am dying of desperation, of this injustice, of this cruelty. We are immigrants, not criminals. To treat us like this--they must have no heart, they are of iron--as if we are not human. They treat us like dogs. Maribel, in the T. Don Hutto... |
2017 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| Jennifer M. Chacón |
Privatized Immigration Enforcement |
52 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (Winter, 2017) |
C1-2Table of Contents Introduction. 2 I. Mapping the Practical and Theoretical Terrain of Privatized Immigration Enforcement. 3 A. Voluntary Private Actors. 4 B. Private Delegation Through Regulation. 8 C. Private Entities Funded to Fulfill Public Law Functions. 11 1. Monitoring Cross-border Movement. 12 2. Monitoring Immigration Status in the... |
2017 |
| Olga Byrne |
Promoting a Child Rights-based Approach to Immigration in the United States |
32 Georgetown Immigration Law Journal 59 (Fall, 2017) |
C1-3Table of Contents L1-2Introduction . L360 I. Immigrant Children in the United States: A Deficit of Rights. 64 A. Who are Immigrant Child in the United States: Terminology and Identity. 64 B. What Rights do Children Impacted by Immigration Have in the United States?. 67 II. The Human Rights Based Approach: A Conceptual Framework. 72 III. U.S.... |
2017 |
| Zsea Bowmani |
Queer Refuge: the Impacts of Homoantagonism and Racism in U.s. Asylum Law |
18 Georgetown Journal of Gender and the Law L. 1 (Spring, 2017) |
Introduction. 2 I. Institutionalized Discrimination in Immigration and Asylum Law. 4 A. Sexual and Racial Exclusions in U.S. Immigration Law. 5 1. Discrimination Against LGBTQ Immigrants. 7 2. Racial Exclusions. 11 B. U.S. and International Asylum Law: Ill-Fit for LGBTQ People. 14 1. The Quintessential Refugee is Not Queer. 15 2. The Process of... |
2017 |
| Wesley C. Brockway |
Rationing Justice: the Need for Appointed Counsel in Removal Proceedings of Unaccompanied Immigrant Children |
88 University of Colorado Law Review 179 (Winter, 2017) |
Introduction. 180 I. Problem Overview. 184 A. The Border Crisis. 186 1. Causes of the Influx of Unaccompanied Immigrant Children. 186 2. Legislative and Executive Responses to the Border Crisis. 190 B. The Due Process Disparity. 195 II. Unaccompanied Immigrant Children Have Both a Constitutional and Statutory Entitlement to Full Due Process... |
2017 |
| Mary Holper |
Redefining "Particularly Serious Crimes" in Refugee Law |
69 Florida Law Review 1093 (July, 2017) |
Refugees are not protected from deportation if they have been convicted of a particularly serious crime (PSC) which renders them a danger to the community. This raises questions about the meaning of particularly serious and danger to the community. The Board of Immigration Appeals, Attorney General, and Congress have interpreted PSC quite... |
2017 |
| Zachary S. Price |
Reliance on Nonenforcement |
58 William and Mary Law Review 937 (February, 2017) |
Can regulated parties ever rely on official assurances that the law will not apply to them? Recent marijuana and immigration nonenforcement policies have presented this question in acute form. Both policies effectively invited large numbers of legally unsophisticated people to undertake significant legal risks in reliance on formally nonbinding... |
2017 |
| Angela M. Banks |
Respectability & the Quest for Citizenship |
83 Brooklyn Law Review Rev. 1 (Fall, 2017) |
Historically, immigration and citizenship law and policy in the United States has been shaped by the idea that certain immigrant populations present a threat to American society. Such ideas justified the Alien and Sedition Acts, the Chinese Exclusion Act, the enactment of new deportation grounds in 1917, and the adoption of national origin quotas... |
2017 |
| Katlyn Brady |
Sanctuary Cities and the Demise of the Secure Communities Program |
23 Texas Hispanic Journal of Law and Policy 21 (Spring, 2017) |
So-called sanctuary cities became a flashpoint in the immigration debate after Juan Francisco Lopez-Sanchez, an undocumented immigrant, murdered Kathryn Steinle. Lopez-Sanchez was deported five times prior to shooting Steinle. San Francisco arrested Lopez-Sanchez four months prior to the shooting, but the city did not notify Immigration and... |
2017 |
| Nancy E. Shurtz |
Seeking Citizenship in the Shadow of Domestic Violence: the Double Bind of Proving "Good Moral Character" |
62 Saint Louis University Law Journal 237 (Fall, 2017) |
Maria is a Mexican national and resides in the United States on a Trade NAFTA (TN) work visa. She falls in love with Bob, a U.S. citizen, and after a brief courtship, they marry. They immediately file a joint petition with the U.S. Citizenship and Immigration Service (USCIS) for issuance to Maria of a Conditional Residence (CR) Card, the... |
2017 |
| Paul Guajardo , David W. Read |
Sin Documentos: Legally Instructive Narratives in Mexican-american Memoirs and United States Immigration Law |
24 Texas Hispanic Journal of Law and Policy Pol'y 1 (Fall, 2017) |
The sincere and sometimes startling testimonies found in Mexican-American memoirs provide first-hand accounts of the plight of undocumented immigrants. Mexican-American memoirs by the likes of Francisco Jimenez, Reyna Grande, Rosalina Rosay, Rose Castillo Guilbault, Ramon Perez, Elva Trevino Hart, Jose Angel Navejas, amongst dozens of others,... |
2017 |
| Brendan Lee |
The (New) New Colossus: Amending the Investor Visa Program to Comport with the Mandate of the United States' Immigration Policy and Benefit U.s. Workers |
30 Journal of Civil Rights & Economic Development 63 (Fall, 2017) |
Give me your hired, your entrepreneur, Your upper classes willing to pay a fee . Taken as a whole, the United States' relationship with immigration has been a paradox. On one hand, the United States has been a melting pot--the place where peoples from across the globe have converged to form our unique cultural heritage. Indeed, our nation owes... |
2017 |
| Jennifer M. Chacón |
The 1996 Immigration Laws Come of Age |
9 Drexel Law Review 297 (Spring, 2017) |
Twenty-one years ago, in direct response to an attack perpetrated by Timothy McVeigh, a U.S. citizen and anti-government terrorist, Congress perversely enacted a set of punitive laws aimed not at white nationalists, but at immigrants. These 1996 laws generated three important shifts in immigration law and policy by radically expanding grounds for... |
2017 |
| Kari Hong |
The Absurdity of Crime-based Deportation |
50 U.C. Davis Law Review 2067 (June, 2017) |
The belief that immigrants are crossing the border, in the stealth of night, with nefarious desires to bring violence, crime, and drugs to the United States has long been part of the public imagination. Studies and statistics overwhelmingly establish the falsehood of this rhetoric. The facts are that non-citizens commit fewer crimes and reoffend... |
2017 |
| Kari Hong |
The Costs of Trumped-up Immigration Enforcement Measures |
2017 Cardozo Law Review de novo 119 (2017) |
Currently, our country spends $18 billion each year on immigration enforcement, which is nearly $4 billion more than the combined budgets of the FBI, DEA, Secret Service, and ATF. President Trump hopes to substantially increase that annual number with his proposed heightened enforcement measures that result in more arrests, more ICE officers... |
2017 |
| Breanne J. Palmer |
The Crossroads: Being Black, Immigrant, and Undocumented in the Era of #Blacklivesmatter |
9 Georgetown Journal of Law & Modern Critical Race Perspectives 99 (Spring, 2017) |
This paper discusses the detrimental, intersectional effects of immigration law and criminal law on Black immigrants, both with and without documentation. Anti-Black racism, deeply embedded in America's criminal law system, funnels Black immigrants into the criminal justice system, and subsequently into removal or other punitive immigration... |
2017 |
| Geoffrey Heeren |
The Immigrant Right to Work |
31 Georgetown Immigration Law Journal 243 (Winter, 2017) |
Federal and state policies that make immigrant work putatively illegal are in tension with a constitutional right to work that is deeply rooted in United States history and jurisprudence. The Department of Homeland Security (DHS) regulates immigrant work through a system of employment authorization and sanctions on employers who hire unauthorized... |
2017 |
| Leticia M. Saucedo |
The Legacy of the Immigrant Workplace: Lessons for the 21st Century Economy |
40 Thomas Jefferson Law Review Rev. 1 (Fall, 2017) |
INTRODUCTION. 2 I. THE VULNERABILITY OF IMMIGRANT WORKERS AS OTHERS IN THE WORLD OF THE FREE EMPLOYEE. 3 II. THE DYNAMICS THAT FACILITATE THE IMMIGRANT WORKPLACE. 5 A. Laws Regulating Immigrants Outside the Workplace. 6 B. Immigration Law Colors the Agency of Immigrants in the Workplace. 7 1. The Narratives of Immigrant Agency Cast Immigrant... |
2017 |
| Beth K. Zilberman |
The Myth of Second Chances: Noncitizen Youth and Confidentiality of Delinquency Records |
31 Georgetown Immigration Law Journal 561 (Spring, 2017) |
L1-2Introduction . L3562 I. Noncitizens in the Delinquency System. 565 A. Racial Bias. 566 B. Immigration Status-Related Barriers to Services and Opportunities. 567 C. Exposure to Trauma. 569 II. Confidentiality in the Juvenile Justice System. 570 A. Foundations of Confidentiality. 571 B. Confidentiality Diluted. 572 C. Confidentiality in the... |
2017 |
| Carrie L. Rosenbaum |
The Natural Persistence of Racial Disparities in Crime-based Removals |
13 University of Saint Thomas Law Journal 532 (Fall, 2017) |
This Article suggests that the replacement of Secure Communities with the Priority Enforcement Program (PEP) did not, and would not have ameliorated the problem of disparate criminal immigration deportation of Latina/o noncitizens. It explores the implications of de-coupling criminal and immigration enforcement and gives theoretical consideration... |
2017 |
| Mac LeBuhn |
The Normalization of Immigration Law |
15 Northwestern Journal of Human Rights 91 (Spring, 2017) |
In The Normalization of Foreign Relations Law, Professors Ganesh Sitaraman and Ingrid Wuerth argue that the Supreme Court increasingly treats foreign relations law like other bodies of law--it has normalized this body of once-exceptional law. However, a subset of foreign relations law, immigration law, receives little attention in their... |
2017 |