| Author | Title | Citation | Summary | Year |
| 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 Some political pundits have called this a crisis, casting blame for the migrant influx on our outdated and confusing immigration policies.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 |
| Dr. Timothy Philip Fadgen , Dr. Guy Charlton , Dr. Mark Kielsgard |
Narrowing the Scope of Judicial Review for Humanitarian Appeals of Deportation Orders in Canada, New Zealand and the United States |
35 Hamline Journal of Public Law and Policy 241 (Spring, 2014) |
The paper will compare the humanitarian and compassionate appeal provisions in relevant immigration law allowed to deportees in Canada, New Zealand and the United States. It argues that while recent changes in each of the countries have preserved the humanitarian appeals process, the basis of the appeal and judicial review have been dramatically... |
2014 |
| Nathan D. Clark |
Not the Place for You : Anti-immigrant Housing Ordinances, Federal Preemption, and Keller V. City of Fremont, 719 F.3d 931 (8th Cir. 2013), Cert. Denied, 134 S. Ct. 2140 (2014) |
93 Nebraska Law Review 226 (2014) |
I. Introduction. 227 II. Background. 233 A. Federal Preemption. 233 B. Federal Authority in the Area of Immigration. 236 1. The Naturalization Clause, Foreign Affairs, and Foreign Commerce. 237 2. Congressional Enactments. 238 C. Supreme Court Immigration Jurisprudence. 239 1. Early Supreme Court Cases. 239 2. Hines v. Davidowitz. 241 3. DeCanas v.... |
2014 |
| Maritza I. Reyes |
Opening Borders: African Americans and Latinos Through the Lens of Immigration |
17 Harvard Latino Law Review Rev. 1 (Spring 2014) |
African-American and Latino voter turnout during the 2008 and 2012 presidential elections hit record numbers. Polls show that the immigration debate influenced Latino voter turnout and preference. Presidential candidate Barack Obama's voiced support of comprehensive immigration reform strengthened his lead among Latino voters in 2008 and, once in... |
2014 |
| Doris Marie Provine , Martha Luz Rojas-Wiesner , Germán Martínez Velasco |
Peripheral Matters: the Emergence of Legalized Politics in Local Struggles over Unauthorized Immigration |
39 Law and Social Inquiry 601 (Summer, 2014) |
National immigration policy meets the realities of unauthorized immigration at the local level, often in ways undesired by residents, as exemplified by the dramatic rise of local anti-immigrant legislation in US states and municipalities. Scholars have studied why some states and municipalities, but not others, engage in immigration policy making.... |
2014 |
| Harvey Gee |
Placing Limitations on the Government's Indefinite Detention of Immigration Detainees after Rodriguez |
17 Gonzaga Journal of International Law L. 1 (April 14, 2014) |
I. Introduction II. Rodriguez v. Robbins III. Post-Removal Cases A. Jurisdiction B. Removal Period C. Due Process, Removal within Six Months, and Good Faith IV. Race, Gender, And Prison Conditions V. Conclusion |
2014 |
| 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 |
| Elizabeth Keyes |
Race and Immigration, Then and Now: How the Shift to "Worthiness" Undermines the 1965 Immigration Law's Civil Rights Goals |
57 Howard Law Journal 899 (Spring 2014) |
INTRODUCTION. 900 I. THE SHIFTING HISTORY OF IMMIGRATION AND IMMIGRATION RHETORIC. 902 A. Complicated Early Immigration History. 902 1. Founding Through 1880s. 903 2. 1880s Through 1965. 904 B. Attempting to Make Immigration a Civil Rights Issue: The 1965 Immigration Act. 905 C. Formal Equality, Functional Inequality Since 1965. 908 II. REFORM... |
2014 |
| Benjamin Feist, Teresa Nelson, Ian Bratlie |
Racial Profiling in Greater Minnesota and the Case for Expanding the Driver's License Privilege to All Minnesota Residents |
5 William Mitchell Law Raza Journal 82 (2013-2014) |
Racial profiling is a pervasive issue for immigrants in the United States, and it is becoming increasingly problematic for Latinos living and working in the predominantly rural communities of Greater Minnesota. Reports from throughout the state indicate that Latinos are disproportionately targeted by the police on a regular basis. In the waning... |
2014 |
| Vivian June |
Reaction to "Ruthless Haven" |
6 Georgetown Journal of Law & Modern Critical Race Perspectives 271 (Fall, 2014) |
In Ruthless Haven: How LA Gang Culture and U.S. Immigration Policy Contribute to Racial Injustice for Central American Asylum Applicants, Lauren Sparks provides an illuminating and harrowing view of gang culture in Central America and its transference to the United States. Despite the title of this Note, however, Sparks does not fulfill her... |
2014 |
| Christopher N. Lasch |
Redress in State Postconviction Proceedings for Ineffective Crimmigration Counsel |
63 DePaul Law Review 959 (Summer 2014) |
In its 2010 decision in Padilla v. Kentucky, the U.S. Supreme Court held the Sixth Amendment right to effective assistance of counsel in criminal cases includes the right to receive counsel on whether a guilty plea is accompanied by a risk of deportation. But in 2013, the Court took back some of what it had given. Although most Padilla claims... |
2014 |