| Author | Title | Citation | Summary | Year |
| 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 |
| Jan C. Ting |
Other than a Chinaman : How U.s. Immigration Law Resulted from and Still Reflects a Policy of Excluding and Restricting Asian Immigration |
4 Temple Political & Civil Rights Law Review 301 (Spring 1995) |
The first purpose of this article is to state explicitly what most students and practitioners of immigration law already know implicitly or inferentially--(1) that U.S. immigration law is a direct product of the attempt to exclude Asian immigrants from the United States, and (2) that the history of U.S. immigration law reflects a protracted effort... |
1995 |
| Susan Bibler Coutin |
'Otro Mundo Es Posible': Tempering the Power of Immigration Law Through Activism, Advocacy, and Action |
67 Buffalo Law Review 653 (May, 2019) |
Since the late 1970s, when the United States Congress commissioned the Select Commission on Immigration and Refugee Policy to reevaluate immigration law and policy, public debate over immigration to the United States has become increasingly intense and polarized. In recent years, United States President Donald J. Trump has denounced Mexican... |
2019 |
| Victor C. Romero |
Our Illegal Founders |
16 Harvard Latino Law Review 147 (Spring, 2013) |
I. The Current Immigration Debate in Historical Context. 147 II. A Brief History of (Il)legal Immigration. 150 A. Private Borders, National Borders, and the Role of Law. 150 B. The Malleable Border in U.S. History. 151 1. Privilege and Power during the 1700s: Our Illegal Founding Fathers. 152 2. The View from Below: Illegal People in the New... |
2013 |
| Michael Molstad |
Our Inner Demons: Prosecuting Domestic Terrorism |
61 Boston College Law Review 339 (January, 2020) |
Abstract: The United States does not currently have a uniform framework for how it handles domestic terrorism. Although there is a terrorism section of the criminal code that criminalizes certain actions that are deemed terroristic, these laws are applied disproportionately to those with an Islamic ideology. Political motivations and protectionist... |
2020 |
| Katherine Tonnas |
Out of a Far Country: the Sojourns of Cubans, Vietnamese, Haitians, and Chinese to America |
20 Southern University Law Review 295 (Fall, 1993) |
The United States is a nation of immigrants and refugees. The founding fathers, Thomas Jefferson and others did ... create a civic culture which made it possible for the United States to make Americans out of people from vastly different cultural and religious backgrounds unlike any other country. Therefore, some writers contend that American... |
1993 |
| Kenneth L. Karst |
Out of Many, One? |
2 Indiana Journal of Global Legal Studies 65 (Fall, 1994) |
Once again, U.S. politics has placed the topic of immigration in the foreground of debate. The Governor of California has called for an amendment to the U.S. Constitution that would deny citizenship to a child born in the United States if the child's parents entered the country illegally. Although this appalling proposal seems unlikely to be taken... |
1994 |
| Lydia Turnage |
Out of Sight, out of Mind: Rural Special Education and the Limitations of the Idea |
54 Columbia Journal of Law and Social Problems Probs. 1 (Fall, 2020) |
In 1975, the Individuals with Disabilities Education Act (IDEA) established a substantive right to free appropriate public education (FAPE) for children with special needs. Since that time, the right to FAPE has primarily been defined by--and enforced through--the IDEA's robust set of procedural safeguards and avenues for private enforcement.... |
2020 |
| Jennifer M. Chacón |
Overcriminalizing Immigration |
102 Journal of Criminal Law and Criminology 613 (Summer 2012) |
Although there is a burgeoning literature on the criminalization of migration, immigration issues are not usually included in academic conversations surrounding overcriminalization. Criminal law scholars may not have been particularly attuned to developments in the world of immigration law because they have understood it to be primarily the domain... |
2012 |
| Hilda Loury |
PACHAMAMA OVER PEOPLE AND PROFIT: A CASE FOR INDIGENOUS ECOLOGY AND ENVIRONMENTAL PERSONHOOD |
47 American Indian Law Review 229 (2022-2023) |
C1-2Table of Contents Introduction. 229 I. The Environmental Crisis. 231 A. The Anthropocene. 231 B. Global Environmental Changes. 233 II. A Comparative Analysis of Indigenous and Western Ecology. 236 A. Prefaces. 236 B. Self, Other, and Nature. 237 C. Use and Consumption. 241 D. Cultural Priorities. 243 III. Law and Personhood. 246 A. U.S.... |
2023 |
| Professor E. Tendayi Achiume |
PANDEMIC BORDERS AND RACIAL BORDERS: KEYNOTE DELIVERED AT THE 2020 ANNUAL SYMPOSIUM OF THE UCLA JOURNAL OF INTERNATIONAL LAW AND FOREIGN AFFAIRS |
27 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2023) |
C1-3Table of Contents I. Beginning in the Past. 3 II. Considering the Present. 8 III. Race as a Territorial Border. 12 |
2023 |
| Christian Sundquist |
PANDEMIC POLICING |
37 Georgia State University Law Review 1339 (Summer, 2021) |
C1-2CONTENTS Introduction. 1340 I. The Cycle of Pandemic Racism. 1348 A. Economic Crises. 1348 B. Immigration Crises. 1349 C. Crime Crises. 1350 II. Pandemic Policing. 1353 Conclusion. 1359 |
2021 |
| Christian Powell Sundquist |
PANDEMIC SURVEILLANCE DISCRIMINATION |
51 Seton Hall Law Review 1535 (2021) |
I. Introduction. 1535 II. The Racialization of Public Health Crises. 1536 III. Surveillance Discrimination. 1537 IV. Conclusion. 1545 |
2021 |
| |
Panel Discussion and Commentary |
23 Regent University Law Review 379 (2010-2011) |
Mr. Ho: We are going to open up the discussion for questions from the floor. Audience Question 1: What I want to know from Ms. Stock and Professor Kobach is what other types of state laws would be constitutional, in either of your views, in this area either to encourage entrepreneurs or highly skilled immigrants to jumpstart the economy? Are there... |
2011 |
| Virginia Ramadan, Rebecca Clark, Mark B. Lewis, Thomas E. Fox, Moderator Associate Professor of Law, New York Law School, Research Associate, Urban Institute Population Study Center, Associate Commissioner, office of Refugee Assistance and Rehabilitation |
Panel Three: Immigration and Social Policy |
11 New York Law School Journal of Human Rights 559 (Symposium, 1994) |
VIRGINIA RAMADAN: Our previous panels, if I may generalize, addressed the issue of who we should allow in, and, perhaps, what should be afforded to those who are let in. What this panel will discuss is, after we let them in, how should we treat them? Should aliens or immigrants be afforded the same rights in terms of social services as United... |
1994 |
| |
Panel Two: Should There Be Remote Public Access to Court Filings in Immigration Cases? |
79 Fordham Law Review 25 (October, 2010) |
JUDGE HINKLE: This next panel is a more specific application of some of the general principles that were addressed in the panel that we just finished. When CACM was first developing the privacy policies that led later to the adoption of the rules that we are operating under, Social Security cases were cut out for different treatment than all other... |
2010 |
| David C. Koelsch |
Panic in Detroit: the Impact of Immigration Reforms on Urban African Americans |
5 Georgetown Journal of Law and Public Policy 447 (Summer, 2007) |
Premise: Proposals to reform the current immigration system to legalize undocumented immigrants will impact poor, urban African Americans to a greater degree than the majority of the United States population. Detroit, as the largest African American-majority city in the United States, is a microcosm of the nationwide effects of a broad legalization... |
2007 |
| Nantiya Ruan |
Papercuts: Hierarchical Microaggressions in Law Schools |
31 Hastings Women's Law Journal L.J. 3 (Winter, 2020) |
It is hard to say no to the existing social and political order--and to mean it, to mean it with an everyday commitment of energy. --Dorothy Day Death by a thousand cuts. Torts lacks the status of Contracts. In this alternate universe, it is the drafting and interpreting of legal documents that is most valued in the law. As the Professors of... |
2020 |
| John C. Eastman |
Papers, Please: Does the Constitution Permit the States a Role in Immigration Enforcement? |
35 Harvard Journal of Law & Public Policy 569 (Spring, 2012) |
Arizona kicked up quite a dust storm in 2010 when it enacted Senate Bill 1070 (S.B. 1070). Proponents hoped the law would help Arizona control the burgeoning illegal immigration into the state and its attendant costs-- costs that affect the financial stability of the state, the safety of its residents, and the very rule of law itself. The legal... |
2012 |
| Michael Scaperlanda |
Partial Membership: Aliens and the Constitutional Community |
81 Iowa Law Review 707 (March 1, 1996) |
In the midst of one of the largest waves of legal immigration in our nation's history, a strong anti-immigrant undertow threatens to pull us from our constitutional commitment to equality and from our national mythology of open arms and golden doors. The debates concerning noncitizens in the public square of the 1990s provide a good occasion and... |
1996 |
| Keith Aoki , John Shuford , Esmeralda Soria , Emilio Camacho |
Pastures of Peonage?: Tracing the Feedback Loop of Food Through Ip, Gmos, Trade, Immigration, and U.s. Agro-maquilas |
4 Northeastern University Law Journal L.J. 1 (Spring, 2012) |
I. Introduction II. The Rise of Global Agribusiness and GMOs A. Agrichemical Farming and IP Protection for GE Food Crops and PGR B. Industrialization and Concentration of Farming and Food Transport, Processing, and Sales III. Economic Globalization and Labor Migration in North America A. Globalization of Finance and Trade: Effects on Mexico's... |
2012 |
| Kenneth L. Karst |
Paths to Belonging: the Constitution and Cultural Identity |
64 North Carolina Law Review 303 (January, 1986) |
American history is the history of many peoples. In our multicultural society immigrants have followed two paths to satisfy their need to belong: they have turned inward to group solidarity and outward toward assimilation. Professor Karst explores these two paths to belonging and illustrates how our Constitution can aid outsiders in their search... |
1986 |
| Shirin Sinnar |
Patriotic or Unconstitutional? The Mandatory Detention of Aliens under the Usa Patriot Act |
55 Stanford Law Review 1419 (April, 2003) |
Introduction. 1420 I. Statutory Analysis: The USA Patriot Act Immigration Provisions. 1422 A. Section 412: Mandatory Detention of Certified Aliens. 1424 B. The Effect of Section 412. 1426 II. The Due Process Clause of the Fifth Amendment. 1427 III. Procedural Due Process. 1429 A. Is There a Protected Liberty Interest?. 1429 B. What Process Is... |
2003 |
| Jessie K. Walker |
PAVING A NEW PATHWAY TO PERMANENT RESIDENCY: A CANADIAN-INSPIRED PROPOSAL FOR INTERNATIONAL STUDENTS, UNDOCUMENTED IMMIGRANTS, AND THE UNITED STATES |
33 Indiana International & Comparative Law Review 323 (2023) |
Tim Chan's and Maggie Tong's plans to return to Hong Kong after graduation from their Canadian universities suddenly halted after the drastic changes in Hong Kong governance. Germainne Hein, an international student living with her husband in Arkansas, was denied the ability to receive in-state tuition despite her husband's permanent residency and... |
2023 |
| Lindsay N. Wise |
People Not Equal: a Glimpse into the Use of Profiling and the Effect a Pending U.n. Human Rights Committee Case May Have on United States' Policy |
14 Washington and Lee Journal of Civil Rights and Social Justice 303 (Spring, 2008) |
C1-3Table of Contents I. Introduction. 303 II. Incidents of Unequal Treatment and Profiling of Aliens in the United States. 305 III. Why Profiling is Permitted When Applied to Aliens: An Overview of Immigration Law in the United States. 311 IV. Why the Plenary Power Doctrine Should be Modified to Prevent Discriminatory Profiling of Aliens. 314 V.... |
2008 |
| D. Anthony |
PERILS OF THE REVERSE SILVER PLATTER UNDER U.S. BORDER PATROL OPERATIONS |
16 University of Massachusetts Law Review 232 (Spring, 2021) |
In the face of expanding U.S. Border Patrol operations across the country, that agency often acquires evidence during its searches that is unrelated to immigration or other federal crimes but may involve state crimes. States are then faced with the question of whether to accept such evidence for state prosecutions when it was lawfully obtained by... |
2021 |
| Doris Marie Provine , Martha Luz Rojas-Wiesner , Germán Martínez Velasco |
Peripheral Matters: the Emergence of Legalized Politics in Local Struggles over Unauthorized Immigration |
39 Law and Social Inquiry 601 (Summer, 2014) |
National immigration policy meets the realities of unauthorized immigration at the local level, often in ways undesired by residents, as exemplified by the dramatic rise of local anti-immigrant legislation in US states and municipalities. Scholars have studied why some states and municipalities, but not others, engage in immigration policy making.... |
2014 |
| Yolanda Vázquez |
Perpetuating the Marginalization of Latinos: a Collateral Consequence of the Incorporation of Immigration Law into the Criminal Justice System |
54 Howard Law Journal 639 (Spring 2011) |
ABSTRACT. 640 INTRODUCTION. 641 I. HISTORY OF THE EXCLUSION OF LATINOS IN THE UNITED STATES. 645 A. Denial of the Full Benefits of Citizenship. 646 B. Denial of Entry into the United States as a Legal Immigrant. 648 C. Lynching. 649 D. The Bisbee Deportation of 1917. 650 E. Mexican Repatriation. 651 F. Operation Wetback. 652 G. Chandler Roundup.... |
2011 |
| Lisa Sun-Hee Park |
Perpetuation of Poverty Through "Public Charge" |
78 Denver University Law Review 1161 (2001) |
A number of federal and state policies have had significant impacts on low-income, pregnant immigrant women living in California. This paper focuses on the issue of Public Charge, in conjunction with the 1996 Welfare Reform and the 1996 Immigration Act. I argue that the social contexts that helped garner support for such anti-immigrant... |
2001 |
| Rachel F. Moran |
PERSISTENT INEQUALITIES, THE PANDEMIC, AND THE OPPORTUNITY TO COMPETE |
27 Washington and Lee Journal of Civil Rights and Social Justice 589 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 590 II. Persistent Inequalities: Race, Ethnicity, Class, Language, and Immigration. 592 A. Race, Ethnicity, and the Intransigence of Segregation in the Schools. 593 B. The Intersection of Race, Ethnicity, and Poverty. 596 C. Additional Dimensions of Difference: Language and Immigration Status. 599 D. Greater... |
2021 |
| Alan K. Simpson |
Perspectives on Immigration and the Law |
21 Suffolk Transnational Law Review 251 (Summer, 1998) |
I visited with some of the Suffolk University Law School folks last year, a delightful group. I'm very proud to be back here. I like to share my experiences with people in law school because I hope you'll think about public life. When I got out of law school, I went into the Assistant Attorney General's office for about three months. I had no idea... |
1998 |
| Leslie Castro, Chris Nugent, Andrew Painter, Andrew Morton, Christina DeConcini, Kareem Shora, Carol Wolchok, Steven Lang |
Perversities and Prospects: Whither Immigration Enforcement and Detention in the Anti-terrorism Aftermath? |
9 Georgetown Journal on Poverty Law and Policy Pol'y 1 (Winter, 2002) |
We must not establish by law within our own borders the very tyranny that we are now pledged to destroy. Foreword: Leslie Castro. 1 I. Remarks of Moderator Chris Nugent. 2 II. Remarks of Panelist Andrew Painter. 9 III. Remarks of Panelist Andrew Morton. 13 IV. Remarks of Panelist Christina DeConcini. 17 V. Remarks of Panelist Kareem Shora. 22 VI.... |
2002 |
| Emily C. Callan, JohnPaul Callan |
Peter Approved My Visa, but Paul Denied It: an Analysis of How the Recent Visa Bulletin Crisis Illustrates the Madness That Is U.s. Immigration Procedure |
9 DePaul Journal for Social Justice Just. 1 (Summer, 2016) |
Mr. Sourav Hazra, a national and citizen of India, presently lives with his wife in California where he works as a Senior Manager with an international software company. Mr. Hazra's company began his green card application on May 9, 2011. Although the first and second steps of his immigration process were completed more than four years ago, Mr.... |
2016 |
| Harvey Gee |
Placing Limitations on the Government's Indefinite Detention of Immigration Detainees after Rodriguez |
17 Gonzaga Journal of International Law L. 1 (April 14, 2014) |
I. Introduction II. Rodriguez v. Robbins III. Post-Removal Cases A. Jurisdiction B. Removal Period C. Due Process, Removal within Six Months, and Good Faith IV. Race, Gender, And Prison Conditions V. Conclusion |
2014 |
| David A. Selden , Julie A. Pace , Heidi Nunn-Gilman |
Placing S.b. 1070 and Racial Profiling into Context, and What S.b. 1070 Reveals about the Legislative Process in Arizona |
43 Arizona State Law Journal 523 (Summer 2011) |
S.B. 1070 is fascinating on many levels for many reasons. It has focused a national and international spotlight on Arizona. It has broadened and intensified the national debate regarding immigration policies and enforcement. It has tested the constitutionality of state and local enforcement of immigration laws. It has permeated and looms large over... |
2011 |
| David B. Oppenheimer, Swati Prakash, Rachel Burns |
Playing the Trump Card: the Enduring Legacy of Racism in Immigration Law |
26 Berkeley La Raza Law Journal L.J. 1 (2016) |
Introduction. 1 I. European Immigration and American Immigration Policy. 6 A. Early American Demographics and Immigration Policy. 6 B. Irish Immigration. 7 C. Eastern European Jewish Immigration. 11 D. Italian Immigration. 14 E. Early Twentieth-Century Changes to Immigration Policy. 17 II. Chinese and Japanese Immigration and American Immigration... |
2016 |
| Tania N. Valdez |
PLEADING THE FIFTH IN IMMIGRATION COURT: A REGULATORY PROPOSAL |
98 Washington University Law Review 1343 (2021) |
Protections of noncitizens' rights in immigration removal proceedings have remained minimal even as immigration enforcement has exponentially increased. An overlooked, but commonplace, problem in immigration court is the treatment of the constitutional right against self-incrimination. Two routine scenarios occur where noncitizens are asked to... |
2021 |
| Shalini Bhargava Ray |
Plenary Power and Animus in Immigration Law |
80 Ohio State Law Journal 13 (2019) |
After a campaign denigrating Muslims as sick people, blaming the children of Muslim Americans for terrorism, and promising to shut down Muslim immigration, and mere days after his inauguration, President Donald J. Trump banned the nationals of seven majority-Muslim countries from entry into the United States. In the litigation that followed,... |
2019 |
| Michael A. Olivas , Kristi L. Bowman |
Plyler's Legacy: Immigration and Higher Education in the 21st Century |
2011 Michigan State Law Review 261 (2011) |
In the Spring of 2008, U.S. voters watched with fascination as the Republican candidates for their party's Presidential nomination argued over immigration policy, focusing especially on a topic that few had been involved in for many yearswhether or not the undocumented should be allowed to attend college and receive resident tuition. Of course,... |
2011 |
| Rick Su |
Police Discretion and Local Immigration Policymaking |
79 UMKC Law Review 901 (Summer, 2011) |
Imagine a local police department confronted with the issue of immigration. With a growing immigrant population in the community and increasing federal emphasis on local involvement in immigration enforcement, the police chief realizes that it is no longer possible to ignore the immigration consequences of even the most ordinary of police activity.... |
2011 |
| Aya Gruber |
POLICING AND "BLUELINING" |
58 Houston Law Review 867 (Symposium, 2021) |
In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, Don't get it twisted--the criminal justice system ain't broke. It's working just the way it's supposed... |
2021 |