| Author | Title | Citation | Summary | Year |
| David A. Martin |
Resolute Enforcement Is Not Just for Restrictionists: Building a Stable and Efficient Immigration Enforcement System |
30 Journal of Law & Politics 411 (Spring 2015) |
In this essay I defend the importance of resolute enforcement in sustaining generous immigration policy, particularly America's singularly high lawful admission levels and relatively successful immigrant integration record. Drawing on my experiences in government service, I explore the risks to humane policy when the public perceives that migration... |
2015 |
| Philip L. Torrey |
Rethinking Immigration's Mandatory Detention Regime: Politics, Profit, and the Meaning of "Custody" |
48 University of Michigan Journal of Law Reform 879 (Summer, 2015) |
Immigration detention in the United States is a crisis that needs immediate attention. U.S. immigration detention facilities hold a staggering number of persons. Widely believed to have the largest immigration detention population in the world, the United States detained approximately 478,000 foreign nationals in Fiscal Year 2012. U.S. Immigration... |
2015 |
| R. Mark Frey |
Strange Neighbors: the Role of States in Immigration Policy Edited by Carissa Byrne Hessick and Gabriel J. Chin New York University Press, New York, Ny, 2014. 266 Pages, $45 |
62-SEP Federal Lawyer 84 (September, 2015) |
Our nation has been stretched taut since its beginning by the pull between federal power and states' rights concerning matters such as abortion, zoning, civil rights, and, yes, even immigration. Although immigration is traditionally viewed as within the federal purview, in recent years the states have tried to resolve some of the problems... |
2015 |
| Katherine E. Otto |
The Foreign National Prisoner's Dilemma in the United Kingdom: the Human Rights Implications of Restricting Article 8 Claims |
24 Transnational Law & Contemporary Problems 431 (Fall 2015) |
I. Introduction. 432 II. Development of U.K. Immigration Policies. 433 A. 1971 Immigration Act. 433 B. 2006 Backlash. 434 C. The Use of Article 8 by Foreign National Offenders. 435 D. 2012 Immigration Rule Changes and Controversy. 435 III. The 2014 Immigration Act. 439 IV. Advantages of the New Law. 441 A. Public Appeasement. 441 B. Public Safety.... |
2015 |
| Caitlin Cavanagh, Elizabeth Cauffman , University of California, Irvine |
The Land of the Free: Undocumented Families in the Juvenile Justice System |
39 Law and Human Behavior 152 (April, 2015) |
Approximately 8 million Latinos in the United States are undocumented immigrants, nearly half of whom are parents to a minor. Concerns over deportation may affect the way families with undocumented members perceive legal authorities relative to documented immigrant families. Yet, there have been few studies on how Latinos (documented or... |
2015 |
| Adam B. Cox, Cristina M. Rodríguez |
The President and Immigration Law Redux |
125 Yale Law Journal 104 (October, 2015) |
In November 2014, President Obama announced his intention to dramatically reshape immigration law through administrative channels. Together with relief policies announced in 2012, his initiatives would shield nearly half the population of unauthorized immigrants from removal and enable them to work in the United States. These events have drawn... |
2015 |
| Hiroshi Motomura |
The President's Dilemma: Executive Authority, Enforcement, and the Rule of Law in Immigration Law |
55 Washburn Law Journal L.J. 1 (Fall 2015) |
My topic for the 2015 Foulston Siefkin lecture was the President's authority to undertake what in immigration law has come to be called executive actions to grant temporary reprieves from deportation. The broad question that framed my comments was whether these measures are within or beyond the President's authority as set out and limited by the... |
2015 |
| Christian Briggs |
The Reasonableness of a Race-based Suspicion: the Fourth Amendment and the Costs and Benefits of Racial Profiling in Immigration Enforcement |
88 Southern California Law Review 379 (January, 2015) |
Claudia, a Mexican American with family roots in the United States since the mid-1800s, walked out of a grocery store, happily chatting with her three young children in Spanish as they walked toward her car. Before arriving at her car, she was stopped by government officials and asked for proof of citizenship. Speaking to the officers in... |
2015 |
| Jaya Ramji-Nogales |
The Right to Have Rights: Undocumented Migrants and State Protection |
63 University of Kansas Law Review 1045 (May, 2015) |
We are in the midst of a national conversation, albeit raucous and vitriolic, about questions of membership and belonging. As Congress repeatedly fails to take action on comprehensive immigration reform, the Executive exercises its authority to determine which migrants should be eligible to remain, becoming incorporated into our polity, and which... |
2015 |
| Carrie L. Rosenbaum |
The Role of Equality Principles in Preemption Analysis of Sub-federal Immigration Laws: the California Trust Act |
18 Chapman Law Review 481 (Spring 2015) |
In December 2014 the Obama Administration acknowledged the serious critiques of Secure Communities and replaced it with the Priority Enforcement Program (PEP). The United States Department of Homeland Security's Secure Communities program had been subject to extensive and prolonged critique, and quantitative data suggested that it did not deter... |
2015 |
| Andrew Haile |
The Scandal of Refugee Family Reunification |
56 Boston College Law Review 273 (January, 2015) |
Abstract: Headlines have highlighted the plight of unaccompanied children seeking asylum at our southern border. Some political pundits have called this a crisis, casting blame for the migrant influx on our outdated and confusing immigration policies. Yet further away from the border, another group of migrants--all of whom have already resettled... |
2015 |
| Patrick J. Charles |
The Sudden Embrace of Executive Discretion in Immigration Law |
55 Washburn Law Journal 59 (Fall 2015) |
In recent years, immigration law scholars known for criticizing federal plenary power over immigration are openly embracing it. This includes Professor Hiroshi Motomura, who has not only defended executive disrection over immigration enforcement under a myriad of legal theories, but was also instrumental in influencing President Barack H. Obama's... |
2015 |
| Juan C. Quevedo |
The Troubling Case(s) of Noncitizens: Immigration Enforcement Through the Criminal Justice System and the Effect on Families |
10 Tennessee Journal of Law and Policy 386 (Spring, 2015) |
Close your eyes and imagine yourself a homeless mother, moving from one place to another every six months. Imagine how you would feel, alone with no friends or family to ask for help. You-in this imaginary world-are undocumented to people, and no matter how much you try, no one is reaching out to help you. Instead, your first name becomes... |
2015 |
| Julianne Lee |
Tortured Language: Lawful Permanent Residents and the 212(h) Waiver |
84 Fordham Law Review 1201 (December, 2015) |
Recent amendments to the Immigration and Nationality Act have greatly expanded the grounds for removal of lawful permanent residents (LPRs) and, at the same time, constricted judicial review of agency decisions to deport immigrants. Language added to the 212(h) waiver of inadmissibility has increased the number of LPRs that are now ineligible for... |
2015 |
| Cristina M. Rodríguez |
Toward Détente in Immigration Federalism |
30 Journal of Law & Politics 505 (Spring 2015) |
In its efforts to enforce the immigration laws, the federal government has been challenged by the forces of federalism. Spurred in part by social movements and partisan and interest group politics, state and local police and political officials across the country have concluded that the federal government both under-enforces and over-enforces the... |
2015 |
| Mariela Olivares |
Unreformed: Towards Gender Equality in Immigration Law |
18 Chapman Law Review 419 (Spring 2015) |
The history of American immigration law and policy has hills and valleys, twists and turns. When it comes to the inclusion and exclusion of socially and politically marginalized communities into the fabric of U.S. citizenship and society, U.S. immigration law is characterized by its inhospitality. Not surprising when considered against the backdrop... |
2015 |
| César Cuauhtémoc García Hernández |
Unseen Exclusions in Voting and Immigration Law |
17 Berkeley Journal of African-American Law & Policy 168 (2015) |
Nineteen sixty-five proved monumental in the history of race relations in the United States. In New York, Malcolm X was assassinated, while in Selma, Alabama, state police officers attacked civil rights marchers in what would come to be known as Bloody Sunday. That fall, Congress enacted two pieces of legislation that promised to alter the United... |
2015 |
| Ange-Marie Hancock |
When Is Fear for One's Life Race-gendered? An Intersectional Analysis of the Bureau of Immigration Appeals's in re A-r-c-g- Decision |
83 Fordham Law Review 2977 (May, 2015) |
In August 2014, the U.S. Board of Immigration Appeals (BIA) handed down a breakthrough decision, In re A-R-C-G-, permitting courts to consider domestic violence as a gendered form of persecution in a home country and thus grounds for asylum in the United States. Along with two other 2014 decisions, In re W-G-R- and In re M-E-V-G-, this case... |
2015 |
| Stephanie Groff |
Where to Draw the Line: the Egregiousness Standard in the Application of the Fourth Amendment in Immigration Proceedings and the Racial Profiling Exception |
26 George Mason University Civil Rights Law Journal 87 (Fall 2015) |
In the early morning of September 19, 2006, a large group of men gathered in Kennedy Park, Danbury, Connecticut, seeking work as day laborers. Unbeknownst to these individuals, the Danbury Police Department (DPD) and Immigration and Customs Enforcement (ICE) agents began arriving at the park with the intention of carrying out a sting operation. The... |
2015 |
| Sherally Munshi |
You Will See My Family Became So American: Toward a Minor Comparativism |
63 American Journal of Comparative Law 655 (Summer 2015) |
How does the appearance of racial difference shape our view of citizenship and national identity? This Article seeks to address that question by examining two early twentieth-century cases involving the naturalization of Indian immigrants to the United States. In United States v. Bhagat Singh Thind (1923), the Supreme Court determined that Hindus... |
2015 |
| Elizabeth Keyes |
Zealous Advocacy: Pushing Against the Borders in Immigration Litigation |
45 Seton Hall Law Review 475 (2015) |
I. Introduction. 476 II. Justifying Zealousness. 483 A. Competing Approaches to Professional Conduct. 484 1. Alternatives to Zealous Advocacy. 484 2. Zealous Advocacy. 489 3. Debate Over a Unitary Standard or a Context-Specific Standard of Practice. 491 B. Justifying Zealous Advocacy for Immigration Practice. 494 1. Resources. 496 2. Procedural... |
2015 |
| James O. Browning , Jason P. Kerkmans |
A Border Trial Judge Looks at Immigration: Heeding the Call to Do Principled Justice to the Alien Without Getting Bogged down in Partisan Politics: Why the U.s. Immigration Laws Are Not Broken (But Could Use Some Repairs) |
25 University of Florida Journal of Law and Public Policy 223 (December, 2014) |
I. Importance of the Task. 224 II. Why Does America Demand Justice for the Alien?. 225 III. Justice, and the Debate Over Immigration Law, Must be Based on Civil, Non-Racial Principles. 235 IV. History of the U.S. Immigration Laws. 237 V. History of the United States-Mexico Border. 254 VI. Tradition and Strength of Incremental Change. 261 VII.... |
2014 |
| Rodolfo D. Saenz |
Another Sort of Wall-building: How Crimmigration Affects Latino Perceptions of Immigration Law |
28 Georgetown Immigration Law Journal 477 (Winter, 2014) |
The increased criminalization of immigration law has resulted in a number of problems that directly affect Latinos. For example, Latinos currently account for the vast majority of individuals detained in immigration detention and removed from the country. Furthermore, Latinos are the largest racial group sentenced to federal prison, and immigration... |
2014 |
| Kristin Bohman |
Avetisyan's Limited Improvements Within the Overburdened Immigration Court System |
85 University of Colorado Law Review 189 (Winter 2014) |
In early 2012, the Board of Immigration Appeals (BIA) decided Matter of Avetisyan, overturning precedent that prohibited immigration judges from administratively closing an immigrant's case over the objection of either party. Avetisyan enables immigration judges to administratively close a case and remove it from their active dockets, subject to... |
2014 |
| Mariela Olivares |
Battered by Law: the Political Subordination of Immigrant Women |
64 American University Law Review 231 (December, 2014) |
The Article explores the state of immigrant battered women in the United States, focusing on how their identity as a politically and culturally marginalized community impacts the measure of help that they receive. Specifically, the Article examines the 2012-2013 Violence Against Women Act (VAWA) reauthorization debate as an example of how... |
2014 |
| Christina Elhaddad |
Bed Time for the Bed Mandate: a Call for Administrative Immigration Reform |
1 ALR Accord 32 (2014) |
C1-2Table of Contents Introduction 32 I. Brief History of Immigration Law, Plenary Power, the Bed Mandate, and Detention 36 II. The Importance of Prosecutorial Discretion 39 III. Lack of Enforceable Regulation 46 IV. Why Congress Must Eliminate the Bed Mandate 49 Conclusion 51 |
2014 |
| Sara Daly |
Bordering on Discrimination: Effects of Immigration Policies/legislation on Indigenous Peoples in the United States and Mexico |
38 American Indian Law Review 157 (2013-2014) |
Border security and state immigration legislation are issues that many Americans love to hate. By and large, there is little debate about the need for national security measures at the borders. However, when it comes to the implementation of policies that actually attempt border security and immigration enforcement, the end results risk stifling... |
2014 |
| Adina B. Appelbaum |
Challenging Crimmigration: Applying Padilla Negotiation Strategies Outside the Criminal Courtroom |
6 Georgetown Journal of Law & Modern Critical Race Perspectives 217 (Fall, 2014) |
Crimmigration, the nexus of criminal and immigration law, means that each year, hundreds of thousands of noncitizens are arrested for minor or nonviolent crimes, convicted in criminal court, placed in immigration court deportation proceedings, and deported. The U.S. government has criminalized immigrants at an increasing rate over time, and law... |
2014 |
| Walker Moller |
Common Sense Preemption or Preempting Common Sense? A Call to Abandon Obstacle Preemption and Adopt Elevated Scrutiny of Local Legislation Targeting Undocumented Immigrants |
33 Mississippi College Law Review 119 (2014) |
I. Introduction. 121 II. Background and History of Preemption Law. 123 A. Tools Traditionally Available to the Federal Courts When Performing Preemption Analysis. 123 1. Express Preemption. 123 2. Field Preemption. 124 3. Conflict Preemption and Its Subsets. 126 4. Presumption Against Preemption. 127 B. Preemption and the Regulation of Immigration... |
2014 |
| Stella Burch Elias |
Comprehensive Immigration Reform(s): Immigration Regulation Beyond Our Borders |
39 Yale Journal of International Law 37 (Winter 2014) |
I. Introduction. 37 II. Immigration Federalism in Comparative Context. 41 III. Immigration Regulation in the United States. 44 IV. Immigration Regulation Beyond our Borders. 52 A. The German Model. 55 B. The Australian Model. 62 C. The Canadian Model. 71 V. The Future of Immigration Regulation in the United States. 78 A. Federal, State, and Local... |
2014 |
| Dagmar Rita Myslinska |
Contemporary First-generation European Americans: the Unbearable "Whiteness" of Being |
88 Tulane Law Review 559 (February, 2014) |
Contemporary European immigrants face unique sociocultural and legal concerns that go beyond issues of race, class, national-origin, and accent discrimination. These concerns are not adequately addressed by laws protecting groups based on their national origins or ancestries. Scholarship and public discussions are silent on this topic. As a result,... |
2014 |
| Christopher N. Lasch |
Crimmigration and the Right to Counsel at the Border Between Civil and Criminal Proceedings |
99 Iowa Law Review 2131 (July, 2014) |
Introduction. 2132 I. Gideon's Operative Proposition and the Court's Decision Rules Implementing It. 2136 A. The Operative Proposition: Does the Right to Counsel Protect More than the Fairness of a Criminal Trial?. 2136 B. Decision Rules Implementing the Right to Counsel in Criminal Cases. 2140 1. Gideon v. Wainwright (1963). 2140 2. Strickland v.... |
2014 |
| Maartje A. H. van der Woude , Joanne P. van der Leun , Jo-Anne A. Nijland |
Crimmigration in the Netherlands |
39 Law and Social Inquiry 560 (Summer, 2014) |
For a long time the Netherlands has been internationally known for its tolerant and humane environment for first- and second-generation migrants. However, as in many European countries, over the past few decades the political debate on immigration has gradually grown more negative. Links between crime, security, migration, and integration have... |
2014 |
| Anna Williams Shavers |
Crossing the Border Through Immigration, Importation, Illicit and Other Means and the Implications for Human and Civil Rights |
27 Journal of Civil Rights & Economic Development 501 (Winter, 2014) |
It's that fundamental belief--I am my brother's keeper, I am my sisters' keeper--that makes this country work. It's what allows us to pursue our individual dreams, yet still come together as a single American family. E pluribus unum. Out of many, one. America is enriched by diversity. It is preserved by unity. This symposium, Border Patrols: The... |
2014 |
| Jayesh M. Rathod |
Distilling Americans: the Legacy of Prohibition on U.s. Immigration Law |
51 Houston Law Review 781 (Winter, 2014) |
Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the... |
2014 |
| Ashley Fukutomi |
Drawing the Curtain: Examining the Colorblind Rhetoric of Ruiz V. Robinson and its Implications |
36 University of Hawaii Law Review 529 (Spring, 2014) |
I. Introduction. 529 II. Drawing the Curtain: Contextualizing Citizen-Children-of-Undocumented-Immigrants Within the Greater Social Narrative. 533 A. Enter Stage Left: U.S. Citizen-Children-of-Undocumented-Immigrants in the United States. 534 B. Enter Stage Right: Residency Tuition Policies. 537 III. Setting the Stage: A Legal Analysis of Ruiz v.... |
2014 |
| Albertina Antognini |
Family Unity Revisited: Divorce, Separation, and Death in Immigration Law |
66 South Carolina Law Review Rev. 1 (Autumn, 2014) |
I. Introduction: Family Unity in Immigration Law. 2 II. The American Family. 9 A. Divorce. 10 B. Separation. 14 C. Death. 18 III. The Families of Immigration law. 20 A. Divorce. 22 1. No-Fault Divorce. 23 2. Fault-Based Divorce. 28 a. Battered Spouse Waiver. 29 b. Violence Against Women Act. 31 B. Separation. 33 1. No-Fault Separation. 33 2.... |
2014 |
| Natashia Tidwell |
Fragmenting the Community: Immigration Enforcement and the Unintended Consequences of Local Police Non-cooperation Policies |
88 Saint John's Law Review 105 (Spring 2014) |
The police seek and preserve public favor, not by catering to public opinion, but by constantly demonstrating absolute impartial service to the law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws. -- Sir Robert Peel, the architect of modern policing Sir Robert Peel's idyllic... |
2014 |
| Samira Afzali, Esq. |
How 'Comprehensive' Is the Comprehensive Immigration Reform Bill? S. 744 and its Implications for Muslims, Arabs, South Asians, Somalis and Iranian Immigrants |
35 Hamline Journal of Public Law and Policy 296 (Spring, 2014) |
At first glance, the past couple of years have been an exciting and promising opportunity for real immigration reform. Congress is considering a complete overhaul of our immigration system for the first time since the 1980s, under President Reagan's administration. Today, practitioners and advocates are hopeful and are generally encouraged by... |
2014 |
| Ashley Ham Pong |
Humanitarian Protections and the Need for Appointed Counsel for Unaccompanied Immigrant Children Facing Deportation |
21 Washington and Lee Journal of Civil Rights and Social Justice 69 (Fall 2014) |
I. Introduction. 69 II. Overview of the Immigration System for Unaccompanied Immigrant Children. 71 A. Edwin's Story. 71 B. Apprehension and Detention of Children. 72 C. The Need for Appointed Counsel in Immigration Court Proceedings. 75 D. Challenges to the Government's Failure to Provide Appointed Counsel on Federal Grounds. 80 III. Common Forms... |
2014 |
| Michelle R. Slack |
Ignoring the Lessons of History: How the "Open Borders" Myth Led to Repeated Patterns in State and Local Immigration Control |
27 Journal of Civil Rights & Economic Development 467 (Winter, 2014) |
No doubt local efforts to control immigration are on the rise. Arizona's Senate Bill 1070 is the most well-known example of this trend, though other examples exist as well. Most existing criticism attacks such efforts as violating the supposed exclusive federal control of the immigration sphere Yet, such arguments, in part, are based upon a myth... |
2014 |
| César Cuauhtémoc García Hernández |
Immigration Detention as Punishment |
61 UCLA Law Review 1346 (June, 2014) |
Courts and commentators have long assumed, without significant analysis, that immigration detention is a form of civil confinement merely because the immigration proceedings of which it is part are deemed civil. This Article challenges that deeply held assumption. It harnesses the U.S. Supreme Court's instruction that detention's civil or penal... |
2014 |
| Nancy Morawetz , Natasha Fernández-Silber |
Immigration Law and the Myth of Comprehensive Registration |
48 U.C. Davis Law Review 141 (November, 2014) |
This Article identifies an insidious misconception in immigration law and policy: the myth of comprehensive registration. According to this myth -- proponents of which include members of the Supreme Court, federal and state officials, and commentators on both sides of the immigration federalism debate--there exists a comprehensive federal alien... |
2014 |
| Cecilia Menjívar |
Immigration Law Beyond Borders: Externalizing and Internalizing Border Controls in an Era of Securitization |
10 Annual Review of Law and Social Science 353 (2014) |
borders, enforcement, immigration This review focuses on the enactment of borders beyond the physical demarcation of the nation, to encompass the entire migratory process, with particular attention to practices in the United States and the European Union. It addresses the twin processes of the externalization (outsourcing) and internalization... |
2014 |
| Anil Kalhan |
Immigration Surveillance |
74 Maryland Law Review Rev. 1 (2014) |
In recent years, immigration enforcement levels have soared, yielding a widely noted increase in the number of noncitizens removed from the United States. Less visible, however, has been an attendant sea change in the underlying nature of immigration governance itself, hastened by new surveillance and dataveillance technologies. Like many other... |
2014 |
| Kerry Abrams , R. Kent Piacenti |
Immigration's Family Values |
100 Virginia Law Review 629 (June, 2014) |
Introduction. 630 I. Parentage in Family Law. 635 A. Parentage at Common Law. 636 B. Family Law in the Twentieth Century. 639 1. Social and Technological Change. 639 2. The Legal Response. 641 a. The Erosion of Marital Parentage. 641 b. The Rise of Genetic Parentage. 644 c. The Birth of Functional Recognition. 647 d. Nascent Recognition of... |
2014 |
| Yxta Maya Murray |
Inflammatory Statehood |
30 Harvard Journal on Racial & Ethnic Justice 227 (Spring 2014) |
Resistance art made in the former Yugoslavia resembles protest art today answering Arizona's anti-immigrant laws. Artists reacting to Yugoslav strongmen who ruled from the 1960s to the 1990s expressed dissent by dramatizing self-mortifications. Artists critiquing SB 1070, Arizona's ban of ethnic studies, and Maricopa County Sheriff Joe Arpaio's... |
2014 |
| Alina Camacho-Gingerich |
Introductory Comments |
27 Journal of Civil Rights & Economic Development 437 (Winter, 2014) |
On Friday, March 16, 2012, the Journal of Civil Rights and Economic Development of St. John's University's Ronald H. Brown Center for Civil Rights and Economic Development, St. John's School of Law, hosted an all-day symposium Border Patrols: The Legal, Racial, Social and Economic Implications of United States Immigration Policy. This symposium... |
2014 |
| Mark Noferi |
Making Civil Immigration Detention "Civil," and Examining the Emerging U.s. Civil Detention Paradigm |
27 Journal of Civil Rights & Economic Development 533 (Winter, 2014) |
In 2009, the Obama Administration began to reform its sprawling immigration detention system by asking the question, How do we make civil detention civil? Five years later, after opening an explicitly-named civil detention center in Texas to public criticism from both sides, the Administration's efforts have stalled. But its reforms, even if... |
2014 |
| Christine N. Cimini |
Most RelevantHands off Our Fingerprints: State, Local, and Individual Defiance of Federal Immigration Enforcement |
47 Connecticut Law Review 101 (November, 2014) |
Secure Communities, though little-known outside law-enforcement circles, is one of the most powerful of the federal government's immigration enforcement programs. Under Secure Communities, fingerprints collected by state and local law enforcement and provided to the Federal Bureau of Investigation for criminal background checks are automatically... |
2014 |