| 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 |
| Herbert Hovenkamp |
The Progressives: Racism and Public Law |
59 Arizona Law Review 947 (2017) |
American Progressivism initiated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds.... |
2017 |
| Yujin Yi |
The Status Quo of Racial Discrimination in Japan and the Republic of Korea and the Need to Provide for Anti-discrimination Laws |
7 Columbia Journal of Race and Law 410 (2017) |
Japan and the Republic of Korea, two neighboring nations situated in East Asia, have homogenous demographics. Both societies face large influxes of foreigners--from immigration and tourism alike--due to various factors ranging from rapidly aging populations, low birth rates, and globalization. Despite this, neither country has sufficient legal... |
2017 |
| Rigoberto Ledesma |
The Unconstitutional Application of Apprehension and Detention Laws: Section 236(c) of the Immigration and Nationality Act |
19 Scholar: St. Mary's Law Review on Race and Social Justice 361 (2017) |
It was an era before United States commitment to international human rights; before enlightenment in and out of the United States brought an end both to official racial discrimination at home and to national-origins immigration law; before important freedoms were recognized as preferred, inviting strict scrutiny if they were invaded and requiring... |
2017 |
| Ana Aliverti |
The Wrongs of Unlawful Immigration |
11 Criminal Law and Philosophy 375 (June, 2017) |
Published online: 12 July 2015 Abstract For too long, criminal law scholars overlooked immigration-based offences. Claims that these offences are not true crimes' or are a mere camouflage to pursue non-criminal law aims deflect attention from questions concerning the limits of criminalization and leave unchallenged contradictions at the heart of... |
2017 |
| Medha D. Makhlouf |
Theorizing the Immigrant Child: the Case of Married Minors |
82 Brooklyn Law Review 1603 (Summer, 2017) |
U.S. immigration law provides special protections, benefits, and forms of relief for children. It also provides certain marriage-based benefits and exclusions. Yet the most common definitions of child in the Immigration and Nationality Act make the existence of a married minor child into a legal impossibility. In other words, married minor... |
2017 |
| Daniel I. Morales |
Transforming Crime-based Deportation |
92 New York University Law Review 698 (June, 2017) |
Why not rid the United States of criminal noncitizens and the disorder they cause? Because, scholars urge, immigrants reduce crime rates, deporting noncitizens with criminal convictions costs far more than it is worth, and discarding immigrants when they become inconvenient is wrong. Despite the force of these responses, reform efforts have made... |
2017 |
| Natasha Arnpriester |
Trumping Asylum: Criminal Prosecutions for "Illegal" Entry and Reentry Violate the Rights of Asylum Seekers |
45 Hastings Constitutional Law Quarterly L.Q. 3 (Fall, 2017) |
As a candidate for President of the United States, Donald Trump promised to bring law and order back to the U.S. immigration system --a claim that was and has been undergirded by inflammatory and racially charged vitriol. Donald Trump launched his presidential bid by stating, when Mexico sends its people, they're not sending their best. They're... |
2017 |
| Claire R. Thomas, Ernie Collette |
Unaccompanied and Excluded from Food Security: a Call for the Inclusion of Immigrant Youth Twenty Years after Welfare Reform |
31 Georgetown Immigration Law Journal 197 (Winter, 2017) |
The young public interest attorney and her client, an immigrant teenager, sat side by side in a dimly light conference room in a community-based organization in Harlem. In front of them, on the table, sat a loose-leaf sheet of paper with four columns and a big black line in between the second and third columns. Above the first and second columns,... |
2017 |
| Eisha Jain |
Understanding Immigrant Protective Policies in Criminal Justice |
95 Texas Law Review See Also 161 (2017) |
Criminal penalties are meant to be the most severe type of state sanction. Today, however, collateral consequences--state-imposed civil penalties triggered by a conviction or even an arrest--can systemically outstrip the formal criminal sentence. Nowhere is this pattern more visible than in the immigration context, particularly where deportation... |
2017 |
| Daniel R. Schutrum-Boward |
United States V. Texas and Supreme Court Immigration Jurisprudence: a Delineation of Acceptable Immigration Policy Unilaterally Created by the Executive Branch |
76 Maryland Law Review 1193 (2017) |
The United States has become increasingly dependent on immigrants. Immigrants aid in providing U.S. citizens with a myriad of services, making possible crucial aspects of our lives. However, many of these hardworking individuals remain undocumented and, therefore, live with the constant possibility of being detained by immigration authorities,... |
2017 |