| Author | Title | Citation | Summary | Year |
| 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 |
| 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 |