| Author | Title | Citation | Summary | Year |
| Kevin Gardner |
Prisoners in the Face of Gladiators: Providing a Sword and Shield to Aliens in Removal Proceedings Through Court-appointed Counsel |
52 Akron Law Review 1189 (2018) |
I. Introduction. 1189 II. History of Immigration in the United States. 1192 III. Problems Arising from Lack of Access to Counsel. 1201 IV. Recommendations. 1205 A. Proposal I: Expand on Programs that Have Already Succeeded. 1208 1. New York Immigrant Family Unity Project (NYIFUP), Funded by the Vera Institute of Justice. 1208 2. Incorporating... |
2018 |
| Alvaro M. Bedoya |
Privacy as Civil Right |
50 New Mexico Law Review 301 (Summer, 2020) |
As the first U.S.-born Hispanic senator, Senator Dennis Chávez of New Mexico left a rich legacy of advocacy for civil rights and civil liberties. In this lecture, the fourth U.S. Senator Dennis Chávez Endowed Lecture on Law and Civil Rights, I explore an idea at the intersection of those two bodies of law: the right to privacy. In 2020, the... |
2020 |
| Jose Felipe Anderson |
Privacy, Technology and the Fourth Amendment: the Future and the Shock |
29 Widener Commonwealth Law Review 43 (2020) |
Five decades ago, Alvin Toffler, editor of Fortune magazine, produced his master work entitled Future Shock. The nearly five-hundred page book focused on technology and how it will affect the future of our society in the information age. The book was an international bestseller. In it, Toffler dealt with the change that was coming to many aspects... |
2020 |
| Bryan Boyle |
Private Damages for Immigration Violations: a Reality for the U.s.; a Possibility for the E.u. |
7 Washington University Global Studies Law Review 569 (2008) |
Host countries have attempted to develop creative ways to address immigration issues in an effort to reach fair and sustainable solutions to the problems posed by large waves of immigration. A variety of party interests affect host countries' decisions in this arena. On one hand, these countries consider the rights of immigrants, even those of... |
2008 |
| Stephen Lee |
Private Immigration Screening in the Workplace |
61 Stanford Law Review 1103 (March, 2009) |
For over twenty years, our immigration laws have required employers to screen their workforces for unauthorized immigrants. But rather than punish employers for failing to carry out these duties, the Department of Homeland Security (DHS) has worked with employers to identify unauthorized workers for removal--even where it is abundantly clear that... |
2009 |
| Jeffrey Manns |
Private Monitoring of Gatekeepers: the Case of Immigration Enforcement |
2006 University of Illinois Law Review 887 (2006) |
This article addresses the monitoring paradox that public enforcers may face in attempting to oversee private gatekeepers. Governments frequently enlist private parties to serve as gatekeepers because they possess special skills or advantages that allow them to detect and prevent wrongdoing by their clients or suppliers in a cost-effective way.... |
2006 |
| 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 |
| Christopher Levesque , Kimberly Horner , Linus Chan |
PROCESS AS SUFFERING: HOW U.S. IMMIGRATION COURT PROCESS AND CULTURE PREVENT SUBSTANTIVE JUSTICE |
86 Albany Law Review 471 (2022-2023) |
In this article, we argue that there is a form of double punishment unique to the immigration court system that attorneys and their noncitizen clients must navigate throughout changing political contexts. The first form of punishment is the court process during removal proceedings, and the second form of punishment is removal from the United... |
2023 |
| Jennifer M. Chacón |
Producing Liminal Legality |
92 Denver University Law Review 709 (2015) |
Inside and outside of the sphere of immigration law, liminal legal statuses are proliferating. These legal categories function simultaneously as a means to effectuate administrative resource conservation through community-oriented risk management strategies and as a form of preservation through transformation that enable governmental actors to... |
2015 |
| Shreya Subramani |
Productive Separations: Emergent Governance of Reentry Labor |
47 Fordham Urban Law Journal 941 (June, 2020) |
This ethnographic Essay critiques progressive criminal justice reforms as neoliberal technologies that devalue racialized labor within the city of New Orleans, Louisiana. It begins by describing the emergent reentry space, a proliferating network of policy and programming emerging to manage and provide services for formerly incarcerated people... |
2020 |
| Kevin R. Johnson |
PROFESSOR RACHEL MORAN: A FOUNDATIONAL LATINA/O CIVIL RIGHTS SCHOLAR |
10 Texas A&M Law Review 749 (Summer, 2023) |
With an illustrious scholarly career, Professor Rachel Moran is a most-deserving Texas A&M University Hagler Fellow. Previously a chaired professor of law and dean of UCLA School of Law, and a chaired professor at the University of California, Berkeley School of Law, she currently is a Distinguished and Chancellor's Professor of Law at the... |
2023 |
| Aaron Haas |
Profiling and Immigration |
18 Washington and Lee Journal of Civil Rights and Social Justice Just. 3 (Fall, 2011) |
C1-3Table of Contents R1-2Introduction . R33. I. Criminalization of Immigration Enforcement. 5 II. Localization of Immigration Enforcement. 9 III. Virginia and Immigration Enforcement. 12 IV. Proposals. 19 |
2011 |
| Angela C. Carmella |
Progressive Religion and Free Exercise Exemptions |
68 University of Kansas Law Review 535 (March, 2020) |
Progressive religious causes have grown increasingly visible during the Trump presidency. Dr. Scott Warren, volunteering with a Unitarian ministry, is arrested for giving food and water to border crossers in Arizona and charged with felony harboring. Catholic nuns in Pennsylvania try to stop the installation of a natural gas pipeline across their... |
2020 |
| Michael J. Wishnie |
Prohibiting the Employment of Unauthorized Immigrants: the Experiment Fails |
2007 University of Chicago Legal Forum 193 (2007) |
For a century before 1986, federal law permitted employers to hire undocumented immigrants. The Immigration Reform and Control Act of 1986 (IRCA) marked a sea change in immigration law by extending federal immigration regulation into the private workplace through the prohibition of employment of unauthorized immigrants. In the two decades since... |
2007 |
| Carlos Scott López |
Prolonged Administrative Detention of Illegal Arrivals in Australia: the Untenable Hiv/aids Justification |
4 Washington University Global Studies Law Review 263 (2005) |
I. Introduction and Recent Events. 264 II. Mandatory Immigration Detention & the Indefiniteness Problem. 269 A. Law & Current Policy. 269 B. The Problem . 273 III. Implicit Time Limits to Mandatory Immigration Detention. 274 A. Contextual Statutory & Common Law Arguments. 274 B. Consequentialist Arguments: Two Lines of Analysis. 280 1. Lim--Based... |
2005 |
| 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 |
| William Baude , Samuel L. Bray |
PROPER PARTIES, PROPER RELIEF |
137 Harvard Law Review 153 (November, 2023) |
In the last Term at the United States Supreme Court, standing was the critical question in several major cases: the two challenges to the Biden Administration's first student loan forgiveness plan, Biden v. Nebraska and Department of Education v. Brown, as well as the challenge to the Administration's immigration priorities in United States v.... |
2023 |
| Michael J. Wishnie |
Proportionality: the Struggle for Balance in U.s. Immigration Policy |
72 University of Pittsburgh Law Review 431 (Spring, 2011) |
In September 1957, Governor Orval Faubus dispatched Arkansas National Guard troops to prevent black students from entering Central High School in Little Rock, Arkansas. The Eisenhower Administration responded by sending Justice Department lawyers to enter school desegregation litigation brought by the NAACP that was already pending before the U.S.... |
2011 |
| David Fischer |
Proposed Changes Require Canadian Immigrants to Be Proficient in English or French |
12 Georgetown Immigration Law Journal 737 (Summer, 1998) |
The Legislative Advisory Group, an independent advisory committee to Canadian Citizenship and Immigration Minister Lucienne Robillard, recently issued More than Numbers, a report proposing 172 changes to Canada's immigration and refugee laws. The most controversial recommendation was requiring basic language skills in English or French, to be... |
1998 |
| Kevin R. Johnson |
Proposition 187 and its Political Aftermath: Lessons for U.s. Immigration Politics after Trump |
53 U.C. Davis Law Review 1859 (April, 2020) |
C1-3Table of Contents L1-2Introduction . L31861 I. Proposition 187 in Brief. 1866 A. The Proposition 187 Campaign: Racism and Nativism at Work. 1868 1. You are the Posse and SOS is the Rope.. 1870 2. The Take Over of California with Crime and Third World Cultures. 1870 3. California's Possible Annexation by Mexico. 1871 4. Those Little F... |
2020 |
| Huyen Pham |
Proposition 187 and the Legacy of its Law Enforcement Provisions |
53 U.C. Davis Law Review 1957 (April, 2020) |
Passed by a wide margin of California voters in 1994, Prop. 187 is primarily remembered as a law that tried to deny state-funded health care and education to unauthorized immigrants. Far less attention has been paid to Section Four in Prop. 187 that required all law enforcement agencies (LEAs) in California to fully cooperate with federal... |
2020 |
| Minty Siu Chung |
Proposition 187: a Beginner's Tour Through a Recurring Nightmare |
1 U.C. Davis Journal of International Law and Policy 267 (Spring 1995) |
INTRODUCTION: WHAT IS PROPOSITION 187?. 268 I. A SHORT DETOUR THROUGH NINETEENTH CENTURY CALIFORNIA. 269 II. PROPOSITION 187: A BRIEF SUMMARY AND ANALYSIS. 275 A. Threshold Issues. 276 1. Immigration Status Definitions. 276 2. Perpetuation of False Stereotypes. 279 3. Documentation Requirements. 280 4. Accessibility of Government Services. 281 B.... |
1995 |
| Amy S. Zabetakis |
Proposition 227: Death for Bilingual Education? |
13 Georgetown Immigration Law Journal 105 (Fall, 1998) |
Before the end of the century, the white population in the state of California will lose its status as the majority. For the most part, this loss in status is because of the rising immigrant population. In response, a number of anti-immigrant initiatives have found their way onto California ballots. The most famousor infamousof these was... |
1998 |
| |
PROSECUTORIAL DISCRETION |
50 Georgetown Law Journal Annual Review of Criminal Procedure 269 (2021) |
The government has broad discretion to initiate and conduct criminal prosecutions because of the separation of powers doctrine and because prosecutorial decisions are particularly ill-suited to judicial review. As long as there is probable cause to believe that the accused has committed an offense, the decision to prosecute is within the... |
2021 |
| |
Prosecutorial Discretion |
49 Georgetown Law Journal Annual Review of Criminal Procedure 273 (2020) |
The government has broad discretion to initiate and conduct criminal prosecutions because of the separation of powers doctrine and because prosecutorial decisions are particularly ill-suited to judicial review. As long as there is probable cause to believe that the accused has committed an offense, the decision to prosecute is within the... |
2020 |
| Marissa Jackson Sow |
PROTECT AND SERVE |
110 California Law Review 743 (June, 2022) |
There exists a substantial body of literature on racism and brutality in policing, police reform and abolition, the militarization of the police, and the relationship of the police to the State and its citizenry. Many theories abound with respect to the relationship between the police and Black people in the United States, and most of these... |
2022 |
| Ingrid V. Eagly, School of Law, University of California, Los Angeles |
Protect, Serve, and Deport: the Rise of Policing as Immigration Enforcement. By Amada Armenta. Oakland: University of California Press, 2017 |
52 Law and Society Review 1100 (December, 2018) |
Amada Armenta's new book, Protect, Serve, and Deport: The Rise of Policing as Immigration Enforcement, highlights the role of local law enforcement agencies in channeling Latino immigrants into the deportation regime. Armenta's beautifully chronicled text documents the implementation of an immigration enforcement program known as 287(g) in... |
2018 |
| Daniel J. Moore |
Protecting Alien-informants: the State-created Danger Theory, Plenary Power Doctrine, and International Drug Cartels |
80 Temple Law Review 295 (Spring 2007) |
How can this be in modern day America? Mr. Enwonwu is an immigrant alien. . . . Congress does not much care about immigrant aliens, even those who, after endangering themselves assisting our law enforcement efforts to stem the international drug trade, are deported into the hands of the very drug traders upon whom they have informed. Does this... |
2007 |
| Brenda Pfahnl |
PROTECTING AMERICAN BLOOD FROM "ALIEN CONTAMINATION": SHOULD STRICT SCRUTINY APPLY TO THE RACIST ROOTS OF 8 U.S.C. § 1326? UNITED STATES v. CARRILLO-LOPEZ, 555 F. SUPP. 3D 996 (D. NEV. 2021) |
49 Mitchell Hamline Law Review 316 (April, 2023) |
I. Introduction. 318 II. Legislative History and the Influence of Eugenics in Immigration Law. 319 A. The Chinese Exclusion Act of 1882. 320 B. The Immigration Act of 1917. 321 C. The Immigration Act of 1924--The National Origins Act. 322 D. Act of 1929--The Undesirable Aliens Act. 323 E. Mexican Farm Labor Program (1942) (The Bracero Program).... |
2023 |
| Kevin R. Johnson |
Protecting National Security Through More Liberal Admission of Immigrants |
2007 University of Chicago Legal Forum 157 (2007) |
Commentators and pundits have repeated the mantra September 11 changed everything so often in the last six years that the phrase has lost nearly any and all meaning. One cannot deny that that fateful day, with the tragic loss of human life, has unquestionably altered U.S. society and the way that Americans look at the world. As a response to the... |
2007 |
| Jennifer Bennett Shinall |
PROTECTING PREGNANCY |
106 Cornell Law Review 987 (May, 2021) |
Laws to assist pregnant women in the workplace are gaining legislative momentum, both at the state and federal levels. Last year alone, four such laws went into effect at the state level, and federal legislation advanced farther than ever before in the House of Representatives. Four types of legislative protections for pregnant workers currently... |
2021 |
| Dina Kleyman |
Protecting the Border, One Passenger Interrogation at a Time |
77 Brooklyn Law Review 1557 (Summer, 2012) |
The terrorist attacks that occurred on September 11, 2001, represented the ultimate intersection between criminal and immigration law. Because many of the terrorists had entered the United States legally with visas issued by the Immigration and Naturalization Service (INS), the tragedy revealed the deficiencies in the administration of laws that... |
2012 |
| Daniel Ford, Lori Jordan Isley, Richard W. Kuhling, Joachim Morrison |
Protecting the Employment Rights and Remedies of Washington's Immigrant Workers |
48 Gonzaga Law Review 539 (2012-2013) |
I. Introduction. 540 II. Promoting Access Through Courthouse Policies. 541 III. Protection From Intimidation: Ethical Constraints on Using or Threatening to Use Immigration Status in Civil Representation. 542 IV. Protection From Harmful Disclosures: Discovery Limitations for Remedies Available to All Workers. 546 A. State Law Remedies for Lost... |
2013 |
| Catherine L. Fisk, Diana S. Reddy |
Protection by Law, Repression by Law: Bringing Labor Back into the Study of Law and Social Movements |
70 Emory Law Journal 63 (2020) |
Within the rich, interdisciplinary literature on law and social movements, scholarly attention has often focused on how the civil rights movement, and other movements that share a resemblance to it, have mobilized law; less attention has been paid to the labor movement's experience of being regulated by law. In this Article, we ask how refocusing... |
2020 |
| Andrew T. Hayashi , Richard M. Hynes |
PROTECTIONIST PROPERTY TAXES |
106 Iowa Law Review 1091 (March, 2021) |
National restrictions on trade and immigration are the most salient illustrations of the current protectionist moment, but cities have played their part too, taxing foreign investors in local real estate and imposing second or vacant home taxes that indirectly burden foreign investment. We call these taxes protectionist property taxes.... |
2021 |
| Victor C. Romero |
Proxies for Loyalty in Constitutional Immigration Law: Citizenship and Race after September 11 |
52 DePaul Law Review 871 (Spring 2003) |
I want to share with you some thoughts about using citizenship and race as proxies for loyalty in constitutional immigration discourse within two contexts: one historical and one current. The current context is the profiling of Muslim and Arab immigrants post-September 11, and the historical context is the distinction the Constitution draws between... |
2003 |
| Kevin R. Johnson |
Public Benefits and Immigration: the Intersection of Immigration Status, Ethnicity, Gender, and Class |
42 UCLA Law Review 1509 (August 1, 1995) |
Introduction. 1510 I. Menaces to Society: Public Charges, Welfare Mothers, and Criminal Aliens'. 1519 A. Immigrants and Public Benefits: A History of Fear. 1519 B. The Ineligibility of Undocumented Persons for Most Major Federal Public Assistance Programs. 1528 C. Outlaw Aliens': Benefit Recipients and Criminals. 1531 D. Immigration Benefit... |
1995 |
| Meredith Van Natta , Department of Sociology, University of California, Merced, Merced, California, USA |
PUBLIC CHARGE, LEGAL ESTRANGEMENT, AND RENEGOTIATING SITUATIONAL TRUST IN THE US HEALTHCARE SAFETY NET |
57 Law and Society Review 531 (December, 2023) |
US immigration law increasingly excludes many immigrants materially and symbolically from vital safety-net resources. Existing scholarship has emphasized the public charge rule as a key mechanism for enacting these exclusionary trends, but less is known about how recent public charge uncertainty has shaped how noncitizens and healthcare workers... |
2023 |
| Donald T. Hornstein |
PUBLIC INVESTMENT IN CLIMATE RESILIENCY: LESSONS FROM THE LAW AND ECONOMICS OF NATURAL DISASTERS |
49 Ecology Law Quarterly 137 (2022) |
This Article takes issue with an important claim in the public choice and climate disaster literature: that American political markets will not allow appropriate investments in disaster preparedness and prevention, even when those investments are cost-benefit bargains. The claim is significant because the costs of climate disasters in the... |
2022 |
| Sam Kalen |
PUBLIC LAND MANAGEMENT'S FUTURE PLACE: ENVISIONING A PARADIGM SHIFT |
82 Maryland Law Review 240 (2023) |
The recent sesquicentennial of Yellowstone National Park, the nation's first and prototypical national park, marked an opportune moment for examining the management of the nation's public lands. Public lands are confronting a myriad of challenges, whether from climate change and the efficacy of using the nation's lands for fossil fuel development... |
2023 |
| Joseph William Singer |
Public Rights |
38 Law and History Review 621 (August, 2020) |
The term public rights should be made to mean something . [E]verywhere a white man can go or travel the colored man should go. Edward Tinchant Rebecca J. Scott has unearthed an instructive episode in post-Civil War history that posed a question that we are still confronting today. Do places open to the public have an obligation to serve the public... |
2020 |
| Geoffrey Heeren |
Pulling Teeth: the State of Mandatory Immigration Detention |
45 Harvard Civil Rights-Civil Liberties Law Review 601 (Summer 2010) |
During the three years that Mohammad Azam Hussain was in the custody of the Department of Homeland Security (DHS), he lost three teeth. The dentist who pulled those teeth suggested that Hussain would keep losing teeth until he received periodontal surgery. Hussain had developed gum disease while in DHS custody--a condition he blamed on poor... |
2010 |
| Adrian J. Rodríguez |
Punting on the Values of Federalism in the Immigration Arena? Evaluating Operation Linebacker, a State and Local Law Enforcement Program along the U.s.-mexico Border |
108 Columbia Law Review 1226 (June, 2008) |
Attempting to combat drug trafficking and immigrant smuggling, a coalition of sheriffs' departments increased police presence along the United States's border with Mexico. Dubbed Operation Linebacker, sheriff deputies have increased patrols and, in some cases, set up vehicle checkpoints to deter crime along the border. In Texas, the Governor has... |
2008 |
| Ming Hsu Chen |
PURSUING CITIZENSHIP DURING COVID-19 |
93 University of Colorado Law Review 489 (Winter, 2022) |
Introduction. 490 I. Building Pathways to Citizenship. 491 A. Meaning of Citizenship. 492 B. Integration. 494 C. Enforcement. 496 II. Shifting Political Conditions and Implications for the Paths Not Taken. 500 A. Formal Paths to Citizenship. 503 B. Substantive Paths to Citizenship. 504 1. Social: From Alien to Noncitizen to Citizen. 504 2.... |
2022 |
| 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 |
| Alia Al-Khatib |
Putting a Hold on Ice: Why Law Enforcement Should Refuse to Honor Immigration Detainers |
64 American University Law Review 109 (October, 2014) |
Beginning in the 1980s, immigration law began to place greater emphasis on noncitizens' past criminal convictions as grounds for deportation. This shift led to the deportation of many noncitizens with strong ties to the United States. In its effort to deport noncitizens with criminal convictions, the Department of Homeland Security (DHS) has... |
2014 |
| Kevin J. Fandl, J.D., Ph.D. |
Putting States out of the Immigration Law Enforcement Business |
9 Harvard Law & Policy Review 529 (Summer 2015) |
A federal district court struck down Arizona's anti-immigrant smuggling law in November 2014, asserting that the law attempts to usurp federal immigration enforcement authority. The month prior, an en banc panel of the Ninth Circuit Court of Appeals tossed out a different Arizona anti-immigration law that denied bail to unlawful immigrants charged... |
2015 |
| 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 |
| 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 |
| Jeremiah A. Ho |
QUEERING BOSTOCK |
29 American University Journal of Gender, Social Policy and the Law 283 (2021) |
I. Introduction. 284 II. Conceptualizations of Anti-Queer Stereotypes. 289 A. Modern Historical Origins. 289 B. Anti-Queer Stereotyping Effects in Law. 295 III. Anti-Stereotyping Strategies. 301 A. Gender Discrimination. 303 B. LGBTQ Discrimination. 315 1. Animus in Romer. 316 2. Dignity in Lawrence. 321 3. Anti-Stereotyping in Windsor &... |
2021 |