| Author | Title | Citation | Summary | Year |
| 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 |
| R. Mark Frey |
A Nation of Nations: a Great American Immigration Story by Tom Gjelten Simon & Schuster, New York, Ny, 2015. 405 Pages, $28.00 |
63-MAY Federal Lawyer 83 (May, 2016) |
It's election season and that means presidential candidates are out meeting and greeting the electorate, selling themselves and their brand. They push hot buttons and they sling mud to garner interest and to divide the voters as they vie for their respective party's nomination and then run for the presidency. Immigration is again at the fore as we... |
2016 |
| Karen J. Pita Loor |
A Study on Immigrant Activism, Secure Communities, and Rawlsian Civil Disobedience |
100 Marquette Law Review 565 (Winter 2016) |
This Article explores the immigrant acts of protest during the Obama presidency in opposition to the Secure Communities (SCOMM) immigration enforcement program through the lens of philosopher John Rawls' theory of civil disobedience and posits that this immigrant resistance contributed to that administration's dismantling the federal program by... |
2016 |
| Shirley Lin |
And Ain't I a Woman?: Feminism, Immigrant Caregivers, and New Frontiers for Equality |
39 Harvard Journal of Law & Gender 67 (Winter 2016) |
Introduction. 67 I. Feminist Legal Theory at the Crossroads: Immigrant Women Caregivers and the Carceral Matrix. 71 A. Feminism, Economic Insecurity, and Social Reproduction: Gender Equity in Context. 74 B. Immigrants and the Deepening Paradox of Wrongs Without Remedies. 81 1. From Contradiction to Lawful Retaliation: IRCA and Hoffman Plastics... |
2016 |
| Kelsey Inouye |
Asian Americans: Identity and the Stance on Affirmative Action |
23 Asian American Law Journal 145 (2016) |
Introduction. 145 I. The Asian American Identity: Historical and Social Contexts. 147 A. History of Asian Immigration to America. 147 B. History of Asian American Social Movements. 149 II. Meaning(s) of Affirmative Action. 150 III. The Supreme Court Cases and the Changing Meaning of Affirmative Action. 152 A. Affirmative Action Jurisprudence. 153... |
2016 |
| David S. Rubenstein |
Black-box Immigration Federalism |
114 Michigan Law Review 983 (April, 2016) |
Immigration Outside the Law. By Hiroshi Motomura. New York: Oxford University Press (2014). Pp. xiii, 235. $29.95. In Immigration Outside the Law, Hiroshi Motomura confronts the three hardest questions in immigration today: what to do about our undocumented population, who should decide, and by what legal process. Motomura's treatment is... |
2016 |
| Kate Huddleston |
Border Checkpoints and Substantive Due Process: Abortion Rights in the Border Zone |
125 Yale Law Journal 1744 (April, 2016) |
This Note assesses the constitutionality of Texas House Bill 2 (H.B. 2), which regulates abortion providers, as applied to clinics located in the area between the state's border with Mexico and internal federal immigration checkpoints. Should these statutory provisions go into full effect and lead to these clinics' closure, undocumented immigrants... |
2016 |
| Tom I. Romero, II |
Bridging the Confluence of Water and Immigration Law |
48 Texas Tech Law Review 779 (Summer, 2016) |
I. Introduction. 780 II. The Irrigation Era and the Need for a Docile Labor Supply. 782 III. The Metropolitan Revolution and the Rise of the Illegal Gardner. 798 IV. The Great Local Thirst for Proper Documentation. 807 V. Conclusion. 815 Appendix: A Timeline of Important Moments in Water and Immigration Law and Policy. 817 |
2016 |
| Chad G. Marzen , William Woodyard II |
Catholic Social Teaching, the Right to Immigrate, and the Right to Regulate Borders: a Proposed Solution for Comprehensive Immigration Reform Based upon Catholic Social Principles |
53 San Diego Law Review 781 (Fall, 2016) |
C1-2Table of Contents Introduction. 783 I. The Current Debate Concerning Immigration Reform. 793 A. Immigration to the U.S.--Statistical Trends and the Emerging Issues of Immigration to the U.S. 793 B. Background of Key Modern Immigration Laws. 794 1. The Immigration Reform and Control Act of 1986. 795 2. Illegal Immigration Reform and Immigrant... |
2016 |
| Angélica Cházaro |
Challenging the "Criminal Alien" Paradigm |
63 UCLA Law Review 594 (March, 2016) |
Deportation of so-called criminal aliens has become the driving force in U.S. immigration enforcement. The Immigration Accountability Executive Actions of late 2014 provide the most recent example of this trend. Even for immigrants' rights advocates, conventional wisdom holds that if deportations must occur, criminal aliens should be the first... |
2016 |
| Bill Ong Hing |
Contemplating a Rebellious Approach to Representing Unaccompanied Immigrant Children in a Deportation Defense Clinic |
23 Clinical Law Review 167 (Fall, 2016) |
In response to the surge of unaccompanied immigrant children at the border in the summer of 2014, I expanded my pro bono work with students and started a law school deportation defense clinic. With the hard work of a full-time immigration attorney and a paralegal, the Clinic has attracted three to four students each semester (including summers) who... |
2016 |
| Jennifer Lee Koh |
Crimmigration and the Void for Vagueness Doctrine |
2016 Wisconsin Law Review 1127 (2016) |
Since the Supreme Court's 2015 decision in Johnson v. United States--a federal sentencing decision holding that the residual clause of the Armed Career Criminal Act was void for vagueness--the vagueness doctrine has quietly and quickly exploded in the legal landscape governing the immigration consequences of crime. On September 29, 2016, the... |
2016 |
| Jayesh M. Rathod |
Danger and Dignity: Immigrant Day Laborers and Occupational Risk |
46 Seton Hall Law Review 813 (2016) |
The plight of immigrant workers in the United States has captured significant scholarly attention in recent years. Despite the prevalence of discourses regarding this population, one set of issues has received relatively little attention: immigrant workers' exposure to unhealthy and unsafe working conditions, and their corresponding susceptibility... |
2016 |
| Andrés Dae Keun Kwon |
Defending Criminal(ized) "Aliens" after Padilla: Toward a More Holistic Public Immigration Defense in the Era of Crimmigration |
63 UCLA Law Review 1034 (May, 2016) |
The unprecedented U.S. system of mass incarceration and the intensifying merging of criminal and immigration law have devastated individuals, families, and entire communities, especially poor communities of color. Noncitizens who come into contact with the criminal justice system are too often stripped of even the slightest chance of reintegration;... |
2016 |
| Matthew J. Lindsay |
Disaggregating "Immigration Law" |
68 Florida Law Review 179 (January, 2016) |
Courts and scholars have long noted the constitutional exceptionalism of the federal immigration power, decried the injustice it produces, and appealed for greater constitutional protection for noncitizens. This Article builds on this robust literature while focusing on a particularly critical conceptual and doctrinal obstacle to legal reform-the... |
2016 |
| Tess Douglas |
Disrupting Immigration: How Administrative Rulemaking Could Transform the Landscape for Immigrant Entrepreneurs |
44 Pepperdine Law Review 199 (2016) |
Immigrant entrepreneurs come to the United States and start thriving companies that create jobs, drive the economy, and facilitate innovation. However, U.S. laws do not provide a clear path for immigrant entrepreneurs to lawfully enter and work in America. Therefore, immigrant entrepreneurs must seek lawful status in the United States through... |
2016 |
| Kevin R. Johnson |
Doubling down on Racial Discrimination: the Racially Disparate Impacts of Crime-based Removals |
66 Case Western Reserve Law Review 993 (Summer, 2016) |
C1-2Contents Introduction. 994 I. Racial Profiling and Contemporary Developments in Crime-Based Removals. 1002 A. The Supreme Court's Authorization of Racial Profiling in Law Enforcement. 1004 1. Whren v. United States. 1005 2. United States v. Brignoni-Ponce. 1007 B. Increased State and Local Involvement in Immigration Enforcement. 1010 1. Section... |
2016 |
| Laura Macia, University of Pittsburgh |
Experiences of Discrimination in an Emerging Latina/o Community |
39 PoLAR: Political and Legal Anthropology Review 110 (May, 2016) |
In this article I explore how members of an emerging community of Latina/o immigrants in Pittsburgh, a small but rapidly growing population, understand and respond to discrimination. Both documented and undocumented Latina/o immigrants reported experiencing discrimination and facing challenges in addressing these experiences. However, personal... |
2016 |
| Kevin R. Johnson |
Federalism and the Disappearing Equal Protection Rights of Immigrants |
73 Washington and Lee Law Review Online 269 (July 27, 2016) |
Jenny-Brooke Condon's article The Preempting of Equal Protection for Immigrants? analyzes important issues surrounding the constitutional rights of immigrants. Professor Condon in essence contends that the current legislative, executive, and scholarly focus on the distribution of immigration power between the state and federal governments has... |
2016 |
| Leila Kawar |
Grappling with Global Migration: Judicial Predispositions, Regulatory Regimes, and International Law Systems |
51 Tulsa Law Review 435 (Winter 2016) |
BANKS MILLER, LINDA CAMP KEITH, & JENNIFER S. HOLMES, IMMIGRATION JUDGES AND U.S. ASYLUM POLICY (UNIVERSITY OF PENNSYLVANIA PRESS 2015). PP. 248.HARDCOVER $ 69.95.. REBECCA HAMLIN, LET ME BE AREFUGEE: ADMINISTRATIVE JUSTICE AND THE POLITICS OF ASYLUM IN THE UNITED STATES, CANADA, AND AUSTRALIA (OXFORD UNIVERSITY PRESS 2014). PP. 248. PAPERBACK $... |
2016 |
| Ingrid V. Eagly |
Immigrant Protective Policies in Criminal Justice |
95 Texas Law Review 245 (December, 2016) |
The increasing focus of federal immigration enforcement on persons accused of crimes has hastened the creation of local criminal justice policies that govern the treatment of immigrants. In this Article, I report my findings from public records requests sent to prosecutor offices, city police departments, and county sheriffs in four large counties... |
2016 |
| Rebecca Sharpless |
Immigrants Are Not Criminals: Respectability, Immigration Reform, and Hyperincarceration |
53 Houston Law Review 691 (Winter 2016) |
Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people-- citizens and noncitizens--who have been convicted of... |
2016 |
| Kevin R. Johnson |
Immigration "Disaggregation" and the Mainstreaming of Immigration Law |
68 Florida Law Review Forum 38 (2016) |
Immigration scholars have written volumes on a remarkable outlier of modern American constitutional law. Originally created by the Supreme Court in the nineteenth century to uphold the now-discredited laws excluding Chinese immigrants from American shores, the plenary power doctrine continues to immunize the substantive provisions of the U.S.... |
2016 |
| Daniel Kanstroom |
Immigration Enforcement and State Post-conviction Adjudications: Towards Nuanced Preemption and True Dialogical Federalism |
70 University of Miami Law Review 489 (Winter, 2016) |
The relationship between federal immigration enforcement and state criminal, post-conviction law exemplifies certain inevitable complexities of preemption and federalism. Because neither perfect uniformity nor complete preemption is possible, we must consider two questions: First, whether (and, if so, how) state courts adjudicating rights should... |
2016 |
| Leigh Ainsworth |
Immigration Law Isn't So "Civil" Anymore: the Criminal Nature of the Immigration System |
53 American Criminal Law Review Online 30 (2016) |
Immigration law finds its roots early in the creation of the United States. The Constitution gives Congress the power to enact laws governing the naturalization of non-citizens, underscoring the importance of both immigration and citizenship to this country. The subsequent Naturalization Act of 1790 laid down the first requirements for obtaining... |
2016 |
| Sherally Munshi |
Immigration, Imperialism, and the Legacies of Indian Exclusion |
28 Yale Journal of Law & the Humanities 51 (Winter, 2016) |
In April of 1914, a few hundred men and women in Calcutta boarded a ship bound for Vancouver, though British Canada had recently enacted a law that would prevent the ship's passengers from landing. As the ship, the Komagata Maru, steamed its way across the Pacific, officials in Vancouver braced themselves for its arrival. For Canadian officials,... |
2016 |
| Mariela Olivares |
Intersectionality at the Intersection of Profiteering & Immigration Detention |
94 Nebraska Law Review 963 (2016) |
I. Introduction. 963 II. The Road to and Realities of Immigrant Detention. 966 A. The Origins of Immigrant Detention. 967 B. A Snapshot of Detention. 973 III. The Commodification of Immigrants. 976 A. The Prison Business. 977 B. The Prison Industry Discovers the Price of Immigrants. 985 IV. At the Crossroads--Intersectionality at the... |
2016 |
| Stewart Chang |
Is Gay the New Asian?: Marriage Equality and the Dawn of a New Model Minority |
23 Asian American Law Journal L.J. 5 (2016) |
Introduction. 5 I. Asian Immigration and the American Family: Shifting the Rhetoric From Exclusion to Assimilation. 9 A. Family Ideation and Early Stereotypes of Asians as Sexualized Yellow Peril. 11 B. Family Ideation and the Stereotyping of Asians as a Sexual Model Minority. 15 II. Why Gay Is Definitely Not the New Black: The Evolution of the Bad... |
2016 |
| Clifford Clapp, Esq. |
Latino Jury Nullification: Resisting Racially & Ethnically Biased Crimmigration Through Civil Disobedience |
17 Rutgers Race & the Law Review 167 (2016) |
In 1995, over twenty years ago, Paul Butler argued for jury nullification by African-American jurors in cases where black defendants commit crimes that do not affect public safety, such as public drunkenness, minor drug possession, gambling and other victimless crimes. He opines that racial considerations by African-American jurors are legally and... |
2016 |
| Anita Ortiz Maddali |
Left Behind: the Dying Principle of Family Reunification under Immigration Law |
50 University of Michigan Journal of Law Reform 107 (Fall, 2016) |
A key underpinning of modern U.S. immigration law is family reunification, but in practice it can privilege certain families and certain members within families. Drawing on legislative history, this Article examines the origins and objectives of the principle of family reunification in immigration law and relies on legal scholarship and... |
2016 |
| Juliet P. Stumpf |
Looking for Wrongs in All the Right Places |
42 New England Journal on Criminal and Civil Confinement 191 (Spring 2016) |
This contribution to the symposium on crimmigration law identifies Padilla v. Kentucky as the center of gravity of contemporary crimmigration law. This essay describes Padilla v. Kentucky as modeling a counter-intuitive approach to recognition of rights. Rather than seeking to sow a right to counsel in the contested field of immigration law,... |
2016 |
| Kevin Lam |
Mediating Domestic Violence Disputes in Chinese Immigrant Families in the U.s.: the Case for Court-appointed Mediation Programs |
17 Cardozo Journal of Conflict Resolution 989 (Spring 2016) |
Chinese immigrants, particularly those that lack legal status, have historically mistrusted the U.S. legal system. Not only are they wary of the adversarial nature of court proceedings, but also language and cultural barriers frequently prevent them from gaining meaningful access to relief. As a result, issues that arise from within the Chinese... |
2016 |
| Vasanthi Venkatesh |
Mobilizing under "Illegality": the Arizona Immigrant Rights Movement's Engagement with the Law |
19 Harvard Latino Law Review 165 (Spring, 2016) |
Arizona has been in the news for the past few years not only for its vituperative, anti-immigrant polices, but also for the impressive immigrant rights movement that continues to spawn new coalitions and new activisms. The large numbers of cases that were and continue to be litigated and the innovative use of law to mobilize present a paradox since... |
2016 |
| 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 |
| 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 |
| 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 |
| Rachel E. Rosenbloom |
Policing Sex, Policing Immigrants: What Crimmigration's past Can Tell Us about its Present and its Future |
104 California Law Review 149 (February, 2016) |
The flow of information from local police to federal immigration officials forms a central element of the contemporary phenomenon known as crimmigration--the convergence of immigration enforcement and criminal law enforcement. This Essay provides the first historical account of the early roots of this information flow and a new perspective on its... |
2016 |
| Eda Katharine Tinto |
Policing the Immigrant Identity |
68 Florida Law Review 819 (May, 2016) |
Information concerning an immigrant's identity is critical evidence used by the government in a deportation proceeding. Today, the government collects immigrant identity evidence in a variety of ways: a local police officer conducts a traffic stop and obtains a driver's name and date of birth, fingerprints taken at booking link to previously... |
2016 |
| Vaishalee Yeldandi |
Policing the Police: the Status of Immigration Checks in the Context of Rodriguez V. United States |
2016 University of Chicago Legal Forum 907 (2016) |
A recent Supreme Court decision has the potential to change how local and state law enforcement entities enforce immigration laws. In Rodriguez v. United States, the Court examined whether police could prolong an otherwise-completed traffic stop to conduct a dog sniff absent reasonable suspicion. The Court held that a police stop exceeding the... |
2016 |
| Greggary E. Lines |
Polymmigration: Immigration Implications and Possibilities Post Brown V. Buhman |
58 Arizona Law Review 477 (2016) |
In recent years polygamy has taken center stage on prime-time television and in the nation's courts. After the Supreme Court's reexamination of marriage in Obergefell v. Hodges, polygamy was thought to be the next major issue the Court hears regarding the structure and purpose of marriage and family. The Sister Wives case, Brown v. Buhman, may have... |
2016 |
| Catherine Y. Kim |
Presidential Legitimacy Through the Anti-discrimination Lens |
91 Chicago-Kent Law Review 207 (2016) |
The Obama administration's deferred action programs granting temporary relief from deportation to undocumented immigrants have focused attention to questions regarding the legitimacy of presidential lawmaking. Days after the administration first announced it would grant work authorization and renewable two-year reprieves from removal to noncitizens... |
2016 |