AuthorTitleCitationSummaryYear
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
Raina Bhatt Pushing an End to Sanctuary Cities: Will it Happen? 22 Michigan Journal of Race and Law 139 (Fall, 2016) Sanctuary jurisdictions refer to city, town, and state governments (collectively, localities or local governments) that have passed provisions to limit their enforcement of federal immigration laws. Such local governments execute limiting provisions in order to bolster community cooperation, prevent racial discrimination, focus on local priorities... 2016
Elvia Rosales Arriola Queer, Undocumented, and Sitting in an Immigration Detention Center: a Post-obergefell Reflection 84 UMKC Law Review 617 (Spring, 2016) I left my country because I am gay and I don't fit into Honduras' society; I also fled for my life because I refused to do work for a drug trafficker and he threatened to kill me. Central American refugee (2014) On the day the Supreme Court decided, in Obergefell v. Hodges, that gay people too enjoy the fundamental right to marry, a moment for... 2016
Barbara E. Armacost Sanctuary Laws: the New Immigration Federalism 2016 Michigan State Law Review 1197 (2016) The policy of immigration federalism has justified granting state and local police officers greatly increased responsibilities for enforcing immigration laws. It is designed to amplify federal enforcement by drawing on the vast number of local police and their knowledge of local conditions. Now, however, over 300 local jurisdictions have adopted... 2016
Huyen Pham , Pham Hoang Van State-created Immigration Climates and Domestic Migration 38 University of Hawaii Law Review 181 (Winter, 2016) With comprehensive immigration reform dead for the foreseeable future, immigration laws enacted at the subfederal level--cities, counties, and states--have become even more important. Arizona has dominated media coverage and become the popular representation of the states' response to immigration by enacting SB 1070 and other notoriously... 2016
Mary Holper The Beast of Burden in Immigration Bond Hearings 67 Case Western Reserve Law Review 75 (Fall, 2016) C1-2Contents Introduction. 75 I. An Unsupported Burden Shift. 81 A. Burdens of Proof for the Presumptively Unbailable Detainees. 83 B. Burdens of Proof for the Non Presumptively Unbailable Detainees. 90 II. Due Process and the Burden of Proof in Civil Detention. 95 A. Supreme Court on Burdens in Civil Detention. 96 B. Is There Something Special... 2016
Virgil Wiebe The Immigration Hotel 68 Rutgers University Law Review 1673 (Summer, 2016) The image of a hotel with each floor representing different immigration statuses provides a way to introduce the confounding immigration system we have in the United States, on both technical and policy levels. The imagery of the hotel helps to explain how one gets into the immigration hotel (the admissions process) and also how one gets kicked out... 2016
Sarah Rogerson The Politics of Fear: Unaccompanied Immigrant Children and the Case of the Southern Border 61 Villanova Law Review 843 (2016) No society, no state can successfully assume the tremendous responsibility of fostering thousands of motherless, embittered, persecuted children of undesirable foreigners and expect to convert these embattled souls into loyal, loving American citizens .. These children are seasoned veterans of a revolution of hate, are fertile fields for anarchy,... 2016
Jesus A. Osete The Praetorians: an Analysis of U.s. Border Patrol Checkpoints Following Martinez-fuerte 93 Washington University Law Review 803 (2016) Suppose José needs a gallon of milk from the grocery store. He puts on his shoes and grabs his car keys and his wallet. The grocery store is located outside of town. José is aware of the inevitable: he'll have to cross an immigration checkpoint located halfway between his house and the grocery store. Upon arriving at the checkpoint, José must... 2016
Jenny-Brooke Condon The Preempting of Equal Protection for Immigrants? 73 Washington and Lee Law Review 77 (Winter 2016) Recent debates about immigration have focused overwhelmingly on unauthorized migration and the respective roles of the federal and state governments in enforcing immigration law. But that emphasis in law and theory has obscured a critical civil rights question of our time: what measure of equality is due to those with the opportunity to abide by... 2016
Antonios Kouroutakis The Prevailing Culture over Immigration: Centralized Immigration and Policies Between Attrition and Accommodation 13 Seton Hall Circuit Review Rev. 5 (Fall, 2016) In 2012, the Supreme Court delivered a decision in Arizona v. United States that attracted the interested of the press because it challenged a controversial immigration law which several states copied. Although faced with an opportunity to speak about immigration policy reform, the Court ruled on preemption issues instead. The case is still... 2016
Denise Gilman To Loose the Bonds: the Deceptive Promise of Freedom from Pretrial Immigration Detention 92 Indiana Law Journal 157 (Winter 2016) Each year, the United States government detains more than 60,000 migrants who are eligible for release during immigration court proceedings that will determine their right to stay in the United States. Detention or release should be adjudicated through a custody determination process focused on the question of whether a migrant poses a flight risk... 2016
Ming H. Chen Trust in Immigration Enforcement: State Noncooperation and Sanctuary Cities after Secure Communities 91 Chicago-Kent Law Review 13 (2016) The conventional wisdom, backed by legitimacy research, is that most people obey most of the laws, most of the time. This turns out to not be the case in a study of state and local involvement with immigration enforcement, especially the federal program in which the federal immigration enforcement agency, U.S. Department of Homeland Security,... 2016
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 53 (Fall, 2016) NOTE: Please refer to the revised article cited 31 Geo. Immigr. L.J. 197. 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... 2016
Rachel Gonzalez Settlage Uniquely Unhelpful: the U Visa's Disparate Treatment of Immigrant Victims of Domestic Violence 68 Rutgers University Law Review 1747 (Summer, 2016) C1-2Table of Contents I. Introduction. 1748 II. Immigration Law and the Battered Immigrant. 1753 A. The Unique Vulnerabilities of Battered Immigrants and U.S. Immigration Law's Exacerbation of Abusive Situations. 1756 B. Congressional Efforts to Protect Battered Immigrants. 1759 1. The Battered Spouse Waiver for Conditional Permanent Residents.... 2016
Hana E. Brown , Jennifer A. Jones , Taylor Dow Unity in the Struggle: Immigration and the South's Emerging Civil Rights Consensus 79 Law and Contemporary Problems Probs. 5 (2016) In October of 2015, North Carolina Governor Pat McCrory signed into law a bill that banned counties and cities in the state from declaring themselves sanctuaries for undocumented immigrants. Though they take many forms, self-declared sanctuary cities typically refuse to allocate municipal funds or resources toward immigration enforcement efforts... 2016
Ashley Poonia We Are All Family: Broadening the Family-based Immigration System to Include Extended Family Members 93 University of Detroit Mercy Law Review 159 (Winter 2016) The history of the United States is, in large, the history of immigrants. The three priorities that continue to govern the United States immigration system are skilled workers, family relationships, and refugee status. This Note will focus on the second priority: family relationships. Within the current immigration system, family relationships fall... 2016
Carrie Rosenbaum What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law and Noncitizens 9 DePaul Journal for Social Justice Just. 1 (Summer, 2016) Deportation rates of Latino/a noncitizens are higher than their presence in immigrant communities in the United States. The fact that Latino/a noncitizens experience immigration policing and deportation at higher rates than other noncitizens is due, at least in part, to federal immigration enforcement's use of alleged criminality to identify... 2016
Kit Johnson A Cost-benefit Analysis of the Federal Prosecution of Immigration Crimes 92 Denver University Law Review 863 (2015) Immigration crimes are the most prosecuted federal crimes in America. This Article examines the benefits of the federal prosecution of immigration crimes (training, deterrence, and signaling/expression) and balances those benefits against the costs of such prosecutions (courthouse costs, alternative prosecution, and incarceration). I conclude that... 2015
Kristina M. Campbell A Dry Hate: White Supremacy and Anti-immigrant Rhetoric in the Humanitarian Crisis on the U.s.-mexico Border 117 West Virginia Law Review 1081 (Spring, 2015) I. Introduction. 1082 II. The Growth of Hate and Extremist Groups in the Southwest in the 1990s and Early 2000s. 1083 A. The 1990s: The Burgeoning Nativist Anti-Immigrant Movement in the Southwest. 1086 1. California Proposition 187. 1086 2. The Emergence of Nativist and Extremist Anti-Immigrant Groups. 1088 B. The 2000s: The Southwest Becomes the... 2015
Ingrid V. Eagly , Steven Shafer A National Study of Access to Counsel in Immigration Court 164 University of Pennsylvania Law Review 1 (December, 2015) Although immigrants have a right to be represented by counsel in immigration court, it has long been the case that the government has no obligation to provide an attorney for those who are unable to afford one. Recently, however, a broad coalition of public figures, scholars, advocates, courts, and philanthropic foundations have begun to push for... 2015
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