AuthorTitleCitationSummaryYear
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
Karla M. McKanders America's Disposable Youth: Undocumented Delinquent Juveniles 59 Howard Law Journal 197 (Fall, 2015) INTRODUCTION. 198 I. CONSTRUCTING THE LEGAL SUBJECT: UNDOCUMENTED DELINQUENT YOUTH AND MULTIPLE LAYERS OF ILLEGALITY. 201 A. Layer One: The Undocumented Child and the Immigration System. 202 1. Rhetoric and the Othering of Immigrants. 204 2. Immigrant Children and Vulnerability. 207 B. Layer Two: State and Local Juvenile Delinquency Systems. 211... 2015
Eleanor Marie Lawrence Brown An Alternative View of Immigrant Exceptionalism, Particularly as it Relates to Blacks: a Response to Chua and Rubenfeld 103 California Law Review 989 (August, 2015) The contrast between Amy Chua and Jed Rubenfeld's The Triple Package (Chua & Rubenfeld 2.0) and Chua's previous work, World on Fire (Chua 1.0), is striking. Chua & Rubenfeld 2.0 contends that particular ethnic and religious groups are spectacularly successful in the United States because of a triple package of traits that are largely cultural;... 2015
Angélica Cházaro Beyond Respectability: Dismantling the Harms of "Illegality" 52 Harvard Journal on Legislation 355 (Summer 2015) Current pro-immigrant reform efforts focus on legalization. Proposals seek to place as many of the eleven million undocumented people in the United States as possible on a path to earned citizenship. However, these reform efforts suffer from a significant and underappreciated blind spot: the strategies used to advocate legalization harm those to... 2015
Rose Cuison Villazor Chae Chan Ping V. United States: Immigration as Property 68 Oklahoma Law Review 137 (Fall, 2015) There is arguably no other case that is more familiar to immigration legal scholars than Chae Chan Ping v. United States. Chae Chan Ping, a Chinese laborer and long-term non-citizen resident of the United States found himself excluded at the border after a trip to China. Border officers denied him entry under an amendment to the Chinese Exclusion... 2015
  Chapter Three Policing Immigrant Communities 128 Harvard Law Review 1771 (April, 2015) José Antonio Elena Rodriguez was sixteen in October 2012 when a border patrol officer shot him repeatedly in the back and head. The officer--officials did not release his name for more than two years after the killing -- claimed José had thrown rocks at him from the Mexican side of the border. Prosecutors brought no charges. Anastasio Hernandez... 2015
Rose Cuison Villazor Citizenship for the Guest Workers of the Commonwealth of the Northern Mariana Islands 90 Chicago-Kent Law Review 525 (2015) Much of the opposition to the passage of comprehensive immigration reform centers on provisions that would have provided undocumented immigrants with a path to citizenship. Senate Bill 744 (S. 744), the bipartisan bill that passed the U.S. Senate in June 2013, for example, included a provision that would have enabled millions of eligible... 2015
Vienna Flores Competing Paradigms of Immigrant Human Rights in America 21 Law & Business Review of the Americas 459 (Fall 2015) GIVE me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door. These are the words chiseled onto the Statue of Liberty--the expression that has sculpted the free world; the promise carved into every... 2015
Annie Lai Confronting Proxy Criminalization 92 Denver University Law Review 879 (2015) Though state laws that directly criminalize unlawful presence have been struck down in the wake of the Supreme Court's decision in Arizona v. United States, the criminalization of immigrants continues unabated. This Article examines one form of criminalization, criminalization by proxy, by which state and local governments are punishing conduct... 2015
Yolanda Vazquez Constructing Crimmigration: Latino Subordination in a "Post-racial" World 76 Ohio State Law Journal 599 (2015) Over the last forty years, the concern over the relationship between noncitizens and criminality has reached epic proportions. Laws, policies, procedures, and rules have been developed, the immigration and criminal justice system have been employed, and billions of dollars have been spent towards detecting, detaining, prosecuting, and removing... 2015
Elizabeth L. Young Converging Systems: How Changes in Fact and Law Require a Reassessment of Suppression in Immigration Proceedings 17 University of Pennsylvania Journal of Constitutional Law 1395 (May, 2015) Introduction. 1395 I. Lopez-Mendoza - Applying the Janis Test in immigration court. 1400 A. Background on Immigration Proceedings. 1402 B. Application of the Exclusionary Rule in Civil Proceedings: The Janis Test. 1406 II. Reassessing Social Cost and Deterrence Benefits. 1412 A. Nature of Immigration Proceedings. 1412 1. From Exclusion and... 2015
Paul Finkelman Coping with a New "Yellow Peril": Japanese Immigration, the Gentlemen's Agreement, and the Coming of World War Ii 117 West Virginia Law Review 1409 (Spring, 2015) I. Introduction. 1409 II. Early Opposition to Immigration in a Continent of Immigrants. 1412 III. Hostility to Immigration from the Revolution to the Civil War. 1415 IV. Hostility to European Immigrants, 1880-1924. 1420 V. East Asian Immigration. 1421 VI. The New Yellow Peril: Japanese Immigration. 1426 VII. The Rise of Anti-Japanese Sentiment,... 2015
Kevin R. Johnson Crimmigration: Keynote Address Racial Profiling in the War on Drugs Meets the Immigration Removal Process: the Case of Moncrieffe V. Holder 92 Denver University Law Review 701 (2015) Today, I want to discuss the Supreme Court's decision in Moncrieffe v. Holder. In analyzing that case, I will try to show how the criminal justice system of the United States, and its disparate treatment of racial minorities, contributes to the current racially disparate impacts in the immigration removal process. The Supreme Court's decision in... 2015
Juliet P. Stumpf D(e)volving Discretion: Lessons from the Life and Times of Secure Communities 64 American University Law Review 1259 (June, 2015) The devolution of immigration authority to line officers, touted as a strength of the Secure Communities program, planted the seeds of the program's downfall. Rising from the ashes of Secure Communities, the Priority Enforcement Program (PEP) set priorities for removal and also unveiled a potential antidote to the devolution of agency discretion.... 2015
Peter Margulies Deferred Action and the Bounds of Agency Discretion: Reconciling Policy and Legality in Immigration Enforcement 55 Washburn Law Journal 143 (Fall 2015) Although agencies rightly have discretion in interpreting statutes, that discretion does not extend to unraveling carefully crafted legislative compromises. In immigration law, Congress has for fifty years pursued a classic trope in the annals of legislative craft: liberalizing the law in certain respects, while strengthening enforcement in others.... 2015
Bridget Stubblefield Development in the Executive Branch Sanctuary Cities: Balancing Between National Security Directives, Local Law Enforcement Autonomy, and Immigrants' Rights 29 Georgetown Immigration Law Journal 541 (Spring, 2015) On July 1, 2015, Kathryn Steinle was fatally shot while walking on San Francisco's Embarcadero after a gunman opened-fire on Pier 14. Authorities charged Juan Francisco Lopez-Sanchez, a Mexican national who was in the United States illegally, with Steinle's murder. Prior to Steinle's death, Lopez-Sanchez had been convicted of seven felonies and had... 2015
Gabriel J. Chin , Douglas M. Spencer Did Multicultural America Result from a Mistake? The 1965 Immigration Act and Evidence from Roll Call Votes 2015 University of Illinois Law Review 1239 (2015) Between July 1964 and October 1965, Congress enacted the three most important civil rights laws since Reconstruction: The Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Immigration and Nationality Act Amendments of 1965. As we approach the 50th anniversary of these laws, it is clear that all three have fundamentally remade the... 2015
Rosemary A. Laughlin Divided Nation, Split Circuits: Keller V. City of Fremont Divides Circuits Regarding Preemption and Convolutes Immigration Law 48 Creighton Law Review 371 (March, 2015) Immigration regulation is a polarizing topic for lawmakers in the United States. This issue is further exacerbated by the complexity of immigration law. Proponents of state and local immigration regulations cite discontent with the perceived lack of federal enforcement of immigration laws. In response, states and municipalities passed their own... 2015
Bianca Figueroa-Santana Divided We Stand: Constitutionalizing Executive Immigration Reform Through Subfederal Regulation 115 Columbia Law Review 2219 (December, 2015) With Congress divided over comprehensive immigration reform, federal and subfederal actors have stepped into the breach. In 2012 and 2014, in an effort to counter congressional paralysis, President Barack Obama extended deferred action to millions of undocumented noncitizen children and their parents. In doing so, he reignited debates about the... 2015
Jason A. Cade Enforcing Immigration Equity 84 Fordham Law Review 661 (November, 2015) Congressional amendments to the immigration code in the 1990s significantly broadened grounds for removal while nearly eradicating opportunities for discretionary relief. The result has been a radical transformation of immigration law. In particular, the constriction of equitable discretion as an adjudicative tool has vested a new and critical... 2015
Bill Ong Hing Ethics, Morality, and Disruption of U.s. Immigration Laws 63 University of Kansas Law Review 981 (May, 2015) Immigrants and immigrant rights advocates knew we were in trouble when a Ku Klux Klan knight called for shooting unaccompanied children (UACs) arriving at the border and the Obama administration expedited removal proceedings of UACs and children arriving at the border with other family members. Indeed, the Loyal White Knights of the Klan advocate... 2015
Stewart Chang Feminism in Yellowface 38 Harvard Journal of Law & Gender 235 (Summer 2015) Introduction. 235 I. Starting From the First Page: Historicizing Stereotypes of Asian Prostitutes in Early United States Immigration Policy. 239 II. Tonight I Will Be Miss Saigon . . . I'll Win a G.I. and Be Gone: Marriage Fraud and New Conceptions of Asian Prostitution in Twentieth Century Immigration Policy. 245 III. Confess, Repudiate,... 2015
Nathalie Martin Giving Credit Where Credit Is Due: What We Can Learn from the Banking and Credit Habits of Undocumented Immigrants 2015 Michigan State Law Review 989 (2015) Undocumented immigrants currently make up more than 5% of the U.S. labor force and 7% of school-age children. Numbering over eleven million, undocumented immigrants unquestionably comprise a significant segment of the population, yet most lack financial security and stability on multiple fronts. In addition to the everyday risk of deportation, many... 2015
Anil Kalhan, School of Law, Drexel University Governing Immigration Through Crime: a Reader. By Julie A. Dowling and Jonathan Xavier Inda. Stanford University Press, 2013. 320 Pp. $29.95 Paperback 49 Law and Society Review 292 (March, 2015) In Governing Immigration Through Crime, Julie A. Dowling and Jonathan Xavier Inda present an important collection of essays examining different ways in which the lines between immigration control and criminal law enforcement in the United States have blurred over the past two decades. As they explain in their introduction, the volume considers how... 2015
Ethan Michelson Immigrant Lawyers and the Changing Face of the U.s. Legal Profession 22 Indiana Journal of Global Legal Studies 105 (2015) Lazarus-Black and Globokar examine the work both of foreign applicants to two LL.M. programs and of the law school administrators and faculty who decide Who's In [and] Who's Out. The LL.M. admissions process is an increasingly important determinant of the overall volume and composition of law school enrollments. At stake are the futures not only... 2015
Bessie Muñoz Immigrants for Sale: Corporate America Puts a Price Tag on Sexual Abuse 17 Scholar: St. Mary's Law Review on Race and Social Justice 553 (2015) I. Introduction. 554 II. The History Behind Privatization of Immigration Detention Facilities. 558 A. Lobbying for Anti-Immigration Laws. 560 B. Legislative History of the Bed Mandate Provision. 561 III. The History of the Prison Rape Elimination Act and the Implementation Procedure in Private Detention Facilities. 563 A. The Creation of National... 2015
Kevin R. Johnson Immigration in the Supreme Court, 2009-13: a New Era of Immigration Law Unexceptionalism 68 Oklahoma Law Review 57 (Fall, 2015) Introduction. 58 I. The 2009 Term. 66 A. Padilla v. Kentucky: Ineffective Assistance of Counsel Based on Immigration Advice. 66 B. Carachuri-Rosendo v. Holder: Removal for Misdemeanor Drug Possession. 71 C. Kucana v. Holder: Judicial Review of Motions to Reopen. 75 II. The 2010 Term. 77 A. Chamber of Commerce v. Whiting: Federal Preemption of a... 2015
Michael Kagan Immigration Law's Looming Fourth Amendment Problem 104 Georgetown Law Journal 125 (November, 2015) C1-2Table of Contents Introduction. 126 I. Canary in the Coal Mine: The Trouble with ICE Detainers. 130 II. Foundations of a Parallel Universe. 135 a. plenary power, not enumerated power. 135 b. the civil-criminal distinction. 137 c. the normalization of unrestrained immigration authority. 139 III. The Decline of the Parallel Universe. 142 a.... 2015
Stephen Lee Immigration Outside the Law. By Hiroshi Motomura. New York, N.y.: Oxford University Press. 2014. Pp. 338. $29.95 128 Harvard Law Review 1405 (March, 2015) Immigration law has become unmerciful. Perhaps it has always been this way, but thanks to Professor Hiroshi Motomura, at least we know that it wasn't always only this way. Motomura's 2006 book, Americans in Waiting, explored a prior era in which arriving immigrants were welcomed so long as they declared their intention to naturalize and become... 2015
Yehiel S. Kaplan Immigration Policy of Israel: the Unique Perspective of a Jewish State 31 Touro Law Review 1089 (2015) Israel was established in an attempt to create a shelter for Jews in the Diaspora. The Law of Return was enacted several years after the end of the Second World War. The Israeli legislature assumed that since Jews have suffered harsh persecutions and anti-Semitism throughout history, as a minority group, it is legitimate to discriminate in favor of... 2015
Rebecca A. Hufstader Immigration Reliance on Gang Databases: Unchecked Discretion and Undesirable Consequences 90 New York University Law Review 671 (May, 2015) The Obama Administration has historically expanded the availability of deferred action, which provides a reprieve from the threat of deportation and work authorization to certain undocumented immigrants, through the creation of the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent... 2015
Polly J. Price Infecting the Body Politic: Observations on Health Security and the "Undesirable" Immigrant 63 University of Kansas Law Review 917 (May, 2015) As this Symposium took place in late 2014, Ebola hysteria was in full sway in the United States. In September 2014, as the Ebola epidemic in West Africa worsened, Director of the Centers for Disease Control and Prevention Thomas Freidan warned Congress that it was inevitable that the Ebola virus would enter the U.S., carried unknowingly by a... 2015
Robbie J. Totten, Ph.D. International Relations, Material and Military Power, and United States Immigration Policy: American Strategies to Utilize Foreigners for Geopolitical Strength, 1607 to 2012 29 Georgetown Immigration Law Journal 205 (Winter 2015) What is the relationship between immigration and United States material and military interests? What policies and laws have American leaders devised to use immigrants for geopolitical strength? These questions are important because they shed light on historical and mechanistic facets of U.S. immigration policy and law, an important transnational or... 2015
Madeline M. Gomez Intersections at the Border: Immigration Enforcement, Reproductive Oppression, and the Policing of Latina Bodies in the Rio Grande Valley 30 Columbia Journal of Gender and Law 84 (2015) A series of events in 2014 brought significant attention to the United States-Mexico border. Over the summer, reports of an influx of undocumented Central American immigrants began circulating. Though most coverage mentioned only children crossing the border, many of these young migrants traveled alongside their mothers. Reports of this influx... 2015
Emily Ryo Less Enforcement, More Compliance: Rethinking Unauthorized Migration 62 UCLA Law Review 622 (March, 2015) A common assumption underlying the current public discourse and legal treatment of unauthorized immigrants is that unauthorized immigrants are lawless individuals who will break the law -- any law -- in search of economic gain. This notion persists despite substantial empirical evidence to the contrary. Drawing on original empirical data, this... 2015
Anna Carron Marriage-based Immigration for Same-sex Couples after Doma: Lingering Problems of Proof and Prejudice 109 Northwestern University Law Review 1021 (Summer 2015) Introduction. 1022 I. Background: Marriage in the Immigration Context. 1025 A. Immigration Law Restrictions and Preferential Treatment for Spouses of U.S. Citizens. 1026 B. Only Valid and Bona Fide Marriages Count for Immigration Purposes. 1027 C. Procedures for Obtaining a Spousal Visa. 1030 D. Discretion and Deference in the Immigration... 2015
César Cuauhtémoc García Hernández Naturalizing Immigration Imprisonment 103 California Law Review 1449 (December, 2015) Only recently has imprisonment become a central feature of both civil and criminal immigration law enforcement. Apart from harms to individuals and communities arising from other types of immigration enforcement, such as removal, imprisonment comes with its own severe consequences, and yet it is relatively ignored. This Article is the first to... 2015
Molly E. Kammien No More Band-aid Solutions: Improving Immigration Reform by Addressing the Root Causes of Mexican Migration and Refining Foreign Direct Investment 80 Brooklyn Law Review 503 (Winter, 2015) The root causes of migration are nuanced and complicated. People choose to migrate for numerous reasons including pleasure, poverty, unemployment, war, and exploitation. While migration has almost always been a popular topic in the United States, very few Congressional conversations about immigration reform have addressed the root causes of... 2015
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
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
Kevin R. Johnson Racial Profiling in the War on Drugs Meets the Immigration Removal Process: the Case of Moncrieffe V. Holder 48 University of Michigan Journal of Law Reform 967 (Summer, 2015) In Moncrieffe v. Holder, the Supreme Court held that the Board of Immigration Appeals could not remove a long-term lawful permanent resident from the United States based on a single misdemeanor conviction for possession of a small amount of marijuana. The decision clarified the meaning of an aggravated felony for purposes of removal, an important... 2015
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