| Author | Title | Citation | Summary | Year |
| Vernon M. Briggs, Jr. |
Reining-in a Rogue Policy: the Imperative of Immigration Reform |
30 University of Miami Inter-American Law Review 611 (Winter-Spring 1999) |
I. Introduction. 612 II. The Context of Policy Assessment. 613 III. The Accidental Issue: Mass Immigration. 614 IV. The Effects of Post-1965 Immigration. 616 A. Population. 616 B. Ethnic Composition. 617 C. Labor Force. 618 D. Poverty. 619 E. Income Inequality. 621 F. Labor Mobility. 622 V. The Saga of Reform. 622 VI. Concluding Comments. 626 |
1999 |
| Rose Cuison-Villazor |
REJECTING CITIZENSHIP |
120 Michigan Law Review 1033 (April, 2022) |
Pursuing Citizenship in the Enforcement Era. By Ming Hsu Chen. Stanford: Stanford University Press. 2020. Pp. xi, 215. $28. Citizenship for undocumented immigrants is once again on the horizon. Just a few weeks after President Donald Trump left the White House, and several years since the last time Congress failed to pass comprehensive immigration... |
2022 |
| Hesley Gonzalez |
RELEASE FROM LEGAL PURGATORY: ADDING A CATEGORY TO THE SECRETARY OF HOMELAND SECURITY'S POWER TO PAROLE IN PLACE |
50 Western State Law Review 21 (Spring, 2023) |
C1-3Table of Contents I. Introduction. 21 II. The History of Immigration Legislation. 26 A. Immigration Legislation, From America's Inception to 2001. 26 B. Restructuring the Immigration System in the Twenty-First Century. 29 III. The Inability to Pass Immigration Reform. 31 A. The Politicization of Immigration. 31 B. The Legislative Branch's... |
2023 |
| Randi Mandelbaum |
RELEASE TO SPONSOR APPROVED, NOW WHAT? |
91 Fordham Law Review Online 83 (2023) |
Naomi, a fourteen-year-old girl fleeing family violence in her native country of Honduras, spent five months detained by the Office of Refugee Resettlement (ORR), before being released to her cousin. Because the cousin was a distant relative, a home study was required. In addition, upon her release, the cousin and Naomi were referred for... |
2023 |
| Philip Cantwell |
Relevant "Material": Importing the Principles of Informed Consent and Unconscionability to Analyze Consensual Medical Repatriations |
6 Harvard Law & Policy Review 249 (Winter 2012) |
Antonio Torres, a teenage farmworker from Gila Bend, Arizona, suffered catastrophic injuries in a car accident in June 2008. Mr. Torres was a legal immigrant, but he carried no health insurance. His status barred him from federal healthcare funding. Soon after stabilizing him, the hospital began planning to repatriate the comatose Mr. Torres to... |
2012 |
| Zachary S. Price |
Reliance on Nonenforcement |
58 William and Mary Law Review 937 (February, 2017) |
Can regulated parties ever rely on official assurances that the law will not apply to them? Recent marijuana and immigration nonenforcement policies have presented this question in acute form. Both policies effectively invited large numbers of legally unsophisticated people to undertake significant legal risks in reliance on formally nonbinding... |
2017 |
| Gabriel J. Chin |
RELIEF AND STATUTES OF LIMITATION FOR DEPORTABLE NONCITIZENS UNDER ASIAN EXCLUSION, 1882-1948 |
50 Southwestern Law Review 218 (2021) |
Reading Deported Americans is like watching a horror movie; it is all too easy to anticipate the terror coming. But it is no fantasy; this nightmare is real life. The book is the story of good people, many with close connections to the United States, deported without mercy or individual consideration. Sometimes, although not always, they are... |
2021 |
| Dylan Farrell-Bryan , Department of Sociology, University of Pennsylvania, Philadelphia, Pennsylvania, USA |
RELIEF OR REMOVAL: STATE LOGICS OF DESERVINGNESS AND MASCULINITY FOR IMMIGRANT MEN IN REMOVAL PROCEEDINGS |
56 Law and Society Review 167 (June, 2022) |
In recent years, there has been an unprecedented rise in the number of immigrants facing removal from the United States, many of whom make a case for their right to be granted relief from removal and stay in the country. While immigrant men of color are disproportionately represented in both removal proceedings and contemporary sociopolitical... |
2022 |
| Michael Scaperlanda |
Religious Freedom in the Face of Harsh State and Local Immigration Laws |
15 Tulsa Journal of Comparative & International Law 165 (Spring 2008) |
In recent years, the issue of illegal immigration has taken center stage on the American political scene. In 2005, the House Judiciary Committee estimated that eleven million aliens resided in this country illegally, with another 500,000 moving to the United States annually. Two approaches emerged to deal with this tide: an enforcement first model,... |
2008 |
| Stéphanie Hennette-Vauchez |
RELIGIOUS NEUTRALITY, LAÏCITÉ AND COLORBLINDNESS: A COMPARATIVE ANALYSIS |
42 Cardozo Law Review 539 (May, 2021) |
C1-3Table of Contents L1-2Introduction . L3540 I. A Caveat to Comparability. 549 II. Modes of Reasoning. 552 A. Formalistic Legal Reasoning, Anti-Classification as Symmetry, and the Limited Reach of Anti-Discrimination Law. 552 B. Shielding Discrimination from Equality and Anti-Discrimination Law. 568 1. The Public/Private Divide as a Limit on... |
2021 |
| Erica D. Rosenbaum |
RELYING ON THE UNRELIABLE: CHALLENGING USCIS'S USE OF POLICE REPORTS AND ARREST RECORDS IN AFFIRMATIVE IMMIGRATION PROCEEDINGS |
96 New York University Law Review 256 (April, 2021) |
Although many scholars have recognized the need for increased procedural protections for immigrants in removal proceedings, very little attention has been paid to the process afforded to immigrants applying affirmatively to acquire lawful status. However, due to the collection of important interests implicated by affirmative immigration... |
2021 |
| Angela Stoltzfus |
REMAIN IN MEXICO: THE MIGRANT PROTECTION PROTOCOLS' FAILURE TO PROTECT |
95 Temple Law Review Online 1 (2023) |
Only days before the 2018 midterm election, President Donald Trump called immigrants, or asylum seekers, fleeing violence an invasion. It was not unusual for Trump to use this type of pejorative language--Trump had publicly used demeaning terms such as predator and killer to refer to immigrants at the southern border not once or twice, but... |
2023 |
| Clayton P. Gillette |
REMOTE WORK AND CITY DECLINE: LESSONS FROM THE GARMENT DISTRICT |
15 Journal of Legal Analysis 201 (2023) |
The dramatic rise of remote work threatens the traditional source of urban growth--the unique ability of dense cities to provide a setting in which firms and employees share productive resources, match needs with skills, and transmit knowledge at low cost. These agglomeration benefits have induced cities to pursue clusters of related firms that... |
2023 |
| Barbara Buckinx, Alexandra Filindra |
Removal and Harm Avoidance in U.s. Immigration Practice |
22-SUM Kansas Journal of Law & Public Policy 379 (Summer, 2013) |
In recent years, Immigration and Customs Enforcement (ICE) has removed approximately 400,000 individuals per fiscal year. This is a sharp increase from 2001, when approximately half that number were removed annually. The removal of noncitizens is thus an integral and increasingly important part of the immigration policy of the United States. The... |
2013 |
| Miranda Sasinovic |
REMOVING ROADBLOCKS: ALTERNATIVES TO LAWFUL STATUS AND SOCIAL SECURITY NUMBER REQUIREMENTS FOR PENNSYLVANIA DRIVER'S LICENSES |
126 Dickinson Law Review 305 (Fall, 2021) |
As part of their traditional state police powers, states determine the eligibility requirements for their driver's licenses. Standard eligibility requirements include proof of age, residency, identity, and knowledge. In the 1990s, some states amended their vehicle codes to require proof of lawful status, effectively barring undocumented immigrants... |
2021 |
| Jill E. Family |
Removing the Distraction of Delay |
64 Catholic University Law Review 99 (Fall, 2014) |
I. The Delay Rationale and Efforts to Restrict Judicial Review of Immigration Removal Cases. 102 A. The Role of Judicial Review in Immigration Removal Cases. 102 B. Efforts to Limit Immigration Judicial Review and the Delay Justification. 104 II. Delay and a Dispute Over Immigration Sovereignty. 109 A. Delay or Something Else?. 110 B. The Dispute... |
2014 |
| Carol Daugherty Rasnic |
Removing the Welcome Mat: Myth and Reality on the 2004 Irish Constitutional Referendum and Citizenship by Birth in the Usa |
17 New England Journal of International and Comparative Law L. 1 (2011) |
Give me your tired, your poor, your huddled masses yearning to breathe free. . . Emma Lazarus, The New Colossus The famous words of Emma Lazarus have become synonymous with the concept of America's welcoming arms to immigrants from all over the world and, by extension, to children born to these immigrants. Since 1868, American constitutional... |
2011 |
| Christopher N. Lasch |
Rendition Resistance |
92 North Carolina Law Review 149 (December, 2013) |
With the number of immigrant deportations setting new records, attention has focused largely on states like Arizona and Alabama, which seem to be competing to pass the harshest anti-immigrant state law provisions. Yet laws like those at issue in Arizona v. United States, seeking to augment or supplement federal immigration enforcement efforts,... |
2013 |
| Adrien Katherine Wing |
Reno V. American-arab Anti-discrimination Committee: a Critical Race Perspective |
31 Columbia Human Rights Law Review 561 (Summer, 2000) |
On January 26, 1987, life changed forever for Michel Shehadeh, a Palestinian who had immigrated to the United States in 1975. [He] and his 3-year old son, Ibrahim, were sleeping at home in Long Beach, Calif., when Shehadeh heard a loud knock. He opened the front door to a man and woman in grey suits. Shehadeh had just applied for naturalization and... |
2000 |
| Cynthia Soohoo |
REPRODUCTIVE JUSTICE AND TRANSFORMATIVE CONSTITUTIONALISM |
42 Cardozo Law Review 819 (June, 2021) |
C1-2Table of Contents Introduction. 820 I. Reproductive Justice. 823 A. Universal Demands, Different Forms of Oppression. 823 B. Tensions between Reproductive Rights and Reproductive Justice. 825 II. History of Reproductive Oppression in the United States. 826 A. Setting the Stage: The Founding. 826 B. Founding to the Civil War: Private... |
2021 |
| Lior Jacob Strahilevitz |
Reputation Nation: Law in an Era of Ubiquitous Personal Information |
102 Northwestern University Law Review 1667 (Fall 2008) |
Introduction. 1668 I. The Reputation Revolution and the Law. 1670 A. Existing Scholarship on Consumer Information and Discrimination. 1675 B. Landlord-Tenant Law. 1677 C. Antidiscrimination Law. 1682 D. Jury Selection. 1688 E. Medical Diagnosis and Treatment. 1695 F. Insurance. 1698 G. Immigration Law. 1699 H. Consumer Protection Law. 1706 II. When... |
2008 |
| Mariela Olivares |
Resistance Strategies in the Immigrant Justice Movement |
39 Northern Illinois University Law Review Rev. 1 (Fall, 2018) |
Topics of immigration reform have created deep polarization. To some degree, these political and societal divisions regarding immigrants' place and ability to remain in the United States drove the Republican successes in the 2016 elections and carried Donald Trump to the White House. When political conservatives called for decreased migration and... |
2018 |
| Annie Flanagan |
Resisting Racialized Immigration Enforcement Through Community Bond Funds |
11 Georgetown Journal of Law & Modern Critical Race Perspectives 45 (Spring, 2019) |
C1-3Table of Contents I. Introduction. 45 II. Immigration Detention. 49 A. Development of the Legal Framework for Immigration Detention. 49 B. The Experience of Immigration Detention. 50 C. Race, Crime, and Enforcement of Immigration Laws. 51 III. The Pretrial Justice Movement. 52 A. Historical Development of the Movement. 53 B. Lessons from... |
2019 |
| 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 |
| Barbara Macgrady |
Resort to International Human Rights Law in Challenging Conditions in U.s. Immigration Detention Centers |
23 Brooklyn Journal of International Law 271 (1997) |
Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. . . . Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds. Those words, written by the late... |
1997 |
| Angela M. Banks |
Respectability & the Quest for Citizenship |
83 Brooklyn Law Review Rev. 1 (Fall, 2017) |
Historically, immigration and citizenship law and policy in the United States has been shaped by the idea that certain immigrant populations present a threat to American society. Such ideas justified the Alien and Sedition Acts, the Chinese Exclusion Act, the enactment of new deportation grounds in 1917, and the adoption of national origin quotas... |
2017 |
| Kevin R. Johnson |
Responding to the "Litigation Explosion": the Plain Meaning of Executive Branch Primacy over Immigration |
71 North Carolina Law Review 413 (January, 1993) |
In the October 1991 Term, the United States Supreme Court handed down an unprecedented four immigration decisions. In all four, the Court decided in favor of the Immigration and Naturalization Service. In this Article, Professor Kevin R. Johnson explains and analyzes these recent decisions and considers their implications for future immigration... |
1993 |
| Thalia González |
RESTORATIVE JUSTICE DIVERSION AS A STRUCTURAL HEALTH INTERVENTION IN THE CRIMINAL LEGAL SYSTEM |
113 Journal of Criminal Law and Criminology 541 (Summer, 2023) |
A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system--whether in policing practices or carceral settings--leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement... |
2023 |
| Katherine L. Vaughns |
Restoring the Rule of Law: Reflections on Fixing the Immigration System and Exploring Failed Policy Choices |
5 University of Maryland Law Journal of Race, Religion, Gender and Class 151 (Fall, 2005) |
A properly regulated system of legal immigration is in the national interest of the United States. Such a system enhances the benefits of immigration while protecting against potential harms. As the panelists at a recent symposium on immigration reform noted, all observers of immigration policies agree that the current system is broken and in... |
2005 |
| Melissa Keaney, Alvaro M. Huerta |
Restrictionist States Rebuked: How Arizona V. United States Reins in States on Immigration |
3 Wake Forest Journal of Law and Policy 249 (June, 2013) |
The Supreme Court of the United States' highly anticipated ruling in Arizona v. United States reaffirmed the states' limited ability to take immigration matters into their own hands. The case came to the Court after civil rights groups and the federal government challenged the State of Arizona's omnibus legislation, passed in 2010, which intended... |
2013 |
| Ingrid Eagly, Tali Gires, Rebecca Kutlow, Eliana Navarro Gracian |
RESTRUCTURING PUBLIC DEFENSE AFTER PADILLA |
74 Stanford Law Review 1 (January, 2022) |
Abstract. In the 2010 landmark decision Padilla v. Kentucky, the Supreme Court held that the Sixth Amendment right to counsel demands that criminal defense attorneys inform their clients of adverse immigration consequences that may flow from a guilty plea. Although over a decade has passed since Padilla, astonishingly little is known about how... |
2022 |
| Scott W. Stern |
Rethinking Complicity in the Surveillance of Sex Workers: Policing and Prostitution in America's Model City |
31 Yale Journal of Law & Feminism 411 (2020) |
Abstract: This Note uncovers a history that has been largely ignored, dismissed, and sometimes even intentionally obscured: the history of the policing of sex workers in the twentieth century. When most lawyers think about the surveillance of sex workers, they think of a standard cast of characters: police, prosecutors, pimps, purchasers, and... |
2020 |
| Nancy Morawetz |
Rethinking Drug Inadmissibility |
50 William and Mary Law Review 163 (October, 2008) |
Changes in federal statutory policy, state criminal justice laws, and federal enforcement initiatives have led to an inflexible and zero-tolerance immigration policy with respect to minor drug use. This Article traces the evolution of the statutory scheme and how various provisions in state and federal law interact to create the current policy. It... |
2008 |
| Doug Keller |
Re-thinking Illegal Entry and Re-entry |
44 Loyola University Chicago Law Journal 65 (Fall 2012) |
This Article traces the history of two federal immigration crimes that have long supplemented the civil immigration system and now make up nearly half of all federal prosecutions: illegal entry and illegal re-entry. Little has been previously written about the historical lineage of either crime, despite the supporting role each has played in... |
2012 |
| Peter L. Markowitz |
RETHINKING IMMIGRATION ENFORCEMENT |
73 Florida Law Review 1033 (September, 2021) |
As the nation turns the page away from the dark chapter of President Trump's relentless assault on immigrants, it is time to take stock of the nation's unprecedented immigration enforcement regime. During its relatively short existence, the Immigration and Customs Enforcement agency (ICE) has deported more than twice as many people as were deported... |
2021 |
| Rachel Bloomekatz |
Rethinking Immigration Status Discrimination and Exploitation in the Low-wage Workplace |
54 UCLA Law Review 1963 (August, 2007) |
Popular discourse in the U.S. immigration debate often simply asserts that immigrants take jobs that native workers do not want. Though perhaps politically salient, such slogans overlook the complex interaction between employer preferences, immigration, and legal protections. Building on sociological research, this Comment explores the reality that... |
2007 |
| 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 |
| Nicole Hallett |
RETHINKING PROSECUTORIAL DISCRETION IN IMMIGRATION ENFORCEMENT |
42 Cardozo Law Review 1765 (September, 2021) |
Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama's immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante,... |
2021 |
| Tristin K. Green |
Rethinking Racial Entitlements: from Epithet to Theory |
93 Southern California Law Review 217 (January, 2020) |
From warnings of the entitlement epidemic brewing in our homes to accusations that Barack Obama replac[ed] our merit-based society with an Entitlement Society, entitlements carry new meaning these days, with particular negative psychological and behavioral connotation. As Mitt Romney once put it, entitlements can only foster passivity and... |
2020 |
| Nancy Morawetz |
Rethinking Retroactive Deportation Laws and the Due Process Clause |
73 New York University Law Review 97 (April, 1998) |
In 1996 Congress passed two laws, the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which substantially increased the likelihood that permanent residents will be deported from the United States for criminal convictions. The deportation provisions of these 1996 laws... |
1998 |
| Melissa H. Weresh |
RETHINKING RHETORIC IN THE ASYLUM CONTEXT: LESSONS FROM #METOO |
30 UCLA Journal of Gender & Law 65 (Summer, 2023) |
Women face greater difficulties than men in establishing asylum in the United States. This is due in part to the fact that the Refugee Act situates asylum primarily in forms of persecution associated with the male experience. Women who seek asylum in the United States because they flee gender-based violence must establish that their persecution... |
2023 |
| Cybelle Fox |
RETHINKING SANCTUARY: THE ORIGINS OF NON-COOPERATION POLICIES IN SOCIAL WELFARE AGENCIES |
48 Law and Social Inquiry 175 (February, 2023) |
Too often, scholarship on immigration conflates sanctuary ordinances with the noncooperation policies, often embedded in these ordinances, which limit cooperation between local officials and federal immigration authorities. In this article, I disentangle the two by tracing the rise of non-cooperation policies in health and welfare agencies since... |
2023 |
| Joyce A. Hughes , Alexander L. Alum |
Rethinking the Cuban Adjustment Act and the U.s. National Interest |
23 Saint Thomas Law Review 187 (Spring 2011) |
I. Introduction. 188 II. Fidel Castro's Rise to Power and Cuba's Tension with the United States. 189 III. The Passage of, and Justification for the Cuban Adjustment Act. 194 A. Cuban Immigration Prior to the Passage of the CAA: 1959-1966. 194 B. The Cuban Adjustment Act of 1966. 195 1. Easing the Administrative Burden. 196 2. Integrating Cuban... |
2011 |
| Diana R. Podgorny |
Rethinking the Increased Focus on Penal Measures in Immigration Law as Reflected in the Expansion of the "Aggravated Felony" Concept |
99 Journal of Criminal Law and Criminology 287 (Winter 2009) |
This Comment discusses how the Immigration Acts of 1996 have focused on poor predictors of character and how they have created inconsistency in immigration law, increased litigation, and heightened incentives for illegality and dishonesty. First, the Comment discusses the current state of the criminal provisions present in immigration law. Then, it... |
2009 |
| Matthew S. Mulqueen |
Rethinking the Role of the Exclusionary Rule in Removal Proceedings |
82 Saint John's Law Review 1157 (Summer 2008) |
On December 12, 2006, the Department of Homeland Security's Immigration and Customs Enforcement (DHS ICE) swept up over 12,000 meatpacking workers in the largest immigration raid in the Nation's history. While Secretary of Homeland Security Michael Chertoff praised the raids as part of the Nation's comprehensive plan to combat illegal immigration... |
2008 |
| Jennifer Gordon , R.A. Lenhardt |
Rethinking Work and Citizenship |
55 UCLA Law Review 1161 (June, 2008) |
This Article advances a new approach to understanding the relationship between work and citizenship that comes out of research on African American and Latino immigrant low-wage workers. Media accounts typically portray African Americans and Latino immigrants as engaged in a pitched battle for jobs. Conventional wisdom suggests that the source of... |
2008 |
| Deborah M. Ahrens |
Retroactive Legality: Marijuana Convictions and Restorative Justice in an Era of Criminal Justice Reform |
110 Journal of Criminal Law and Criminology 379 (Summer, 2020) |
The last decade has seen the beginning of a new era in United States criminal justice policy, one characterized by a waning commitment to over-criminalization, mass incarceration, and a punitive War on Drugs as well as a growing regret for the consequences of our prior policies. One of the central questions raised by this shifting paradigm is what... |
2020 |
| Megan McCauley |
Reversing the Ice Age: Immigration Reform in California |
49 University of the Pacific Law Review 481 (2018) |
Code Sections Affected Government Code §§ 7284-7284.10 (new); Health and Safety Code § 11369 (repealed); Penal Code § 3058.10 (new). SB 54 (De León). C1-2Table of Contents I. Introduction. 482 II. Legal Background. 484 A. Federal Legislation: A Collaborative Approach. 485 1. Unrestricted Information Sharing Between State and Local Law Enforcement... |
2018 |
| Jessica Conaway |
Reversion Back to a State of Nature in the United States Southern Borderlands: a Look at Potential Causes of Action to Curb Vigilante Activity on the United States/mexico Border |
56 Mercer Law Review 1419 (Summer 2005) |
Since the late 1980s and early 1990s, groups of concerned citizens have banded together to pick up where the federal government failed and to combat illegal immigration at its source: the unguarded borders. Armed with the concepts of citizen's arrest and property rights, vigilante ranchers in California, Arizona, New Mexico, and Texas began... |
2005 |
| Carlota Gonzalez Gallego |
REVIEW OF THE LEGAL FRAMEWORK FOR REFUGEES AND PROPOSALS FOR THE EFFECTIVE PROTECTION OF HUMAN RIGHTS IN THE CONTEXT OF THE CLIMATE EMERGENCY |
29 ILSA Journal of International and Comparative Law 411 (Summer, 2023) |
I. Introduction. 412 II. The Impact of Climate Change on Refugee Law: Differences Between the European Union and International Law. 414 A. Climate change: the main cause of environmental migration. 414 B. New York Declaration for Refugees and Migrants. 420 C. The European Union and the refugees. 423 D. Mexico's Refugee System. 425 III. Comparative... |
2023 |