| Author | Title | Citation | Summary | Year |
| Pratheepan Gulasekaram , S. Karthick Ramakrishnan |
Immigration Federalism: a Reappraisal |
88 New York University Law Review 2074 (December, 2013) |
This Article identifies how the current spate of state and local regulation is changing the way elected officials, scholars, courts, and the public think about the constitutional dimensions of immigration law and governmental responsibility for immigration enforcement. Reinvigorating the theoretical possibilities left open by the Supreme Court in... |
2013 |
| Anil Kalhan |
Immigration Policing and Federalism Through the Lens of Technology, Surveillance, and Privacy |
74 Ohio State Law Journal 1105 (2013) |
I. Introduction. 1106 II. The Evolution of State and Local Immigration Policing. 1111 A. Unilateral State and Local Initiatives. 1111 B. Cooperative Federalism and Immigration Policing. 1115 C. The Emerging Immigration Federalism Equilibrium. 1120 III. The Emergence of Automated Immigration Policing. 1122 A. NCIC Immigration Violators File. 1122 B.... |
2013 |
| Lucas Guttentag |
Immigration Preemption and the Limits of State Power: Reflections on Arizona V. United States |
9 Stanford Journal of Civil Rights & Civil Liberties Liberties 1 (January, 2013) |
Introduction. 1 I. Background. 3 A. The Long Drought. 3 B. S.B. 1070 and the Courts. 7 C. Arizona v. United States. 10 1. Police Inquiries: Limiting Section 2B. 13 2. Federal Control: Foreign Policy and Executive Enforcement Discretion. 15 II. Implications: Restricting State Immigration Enforcement Power. 19 A. Rejecting Inherent Authority. 19 1.... |
2013 |
| Daniel I. Morales |
Immigration Reform and the Democratic Will |
16 University of Pennsylvania Journal of Law and Social Change 49 (2013) |
The character of the American immigration regime has remained remarkably stable over many decades. It changes, to be sure, sometimes granting migrants benefits and at other moments cracking down. However, the broad trend is unmistakable: immigration law and the way it is implemented is increasingly harsh and inhumane. This article argues that this... |
2013 |
| David S. Rubenstein |
Immigration Structuralism: a Return to Form |
8 Duke Journal of Constitutional Law & Public Policy 81 (2013) |
At the heart of the subfederal immigration revolution are two core questions. The first is what to do about our broken immigration system, especially regarding an estimated eleven million individuals unlawfully present. This question ignites impassioned debates on civil liberties, the rule of law, the economy, foreign relations, and who we... |
2013 |
| Julian Lim |
Immigration, Asylum, and Citizenship: a More Holistic Approach |
101 California Law Review 1013 (August, 2013) |
Despite obvious overlaps between immigration law, refugee law, and citizenship, legal scholars have tended to disaggregate them, studying them in isolation. This Article brings refugee law in closer conversation with both immigration law and citizenship by presenting the previously unknown history of Pershing's Chinese refugees: 522 Chinese... |
2013 |
| Matthew J. Lindsay |
Immigration, Sovereignty, and the Constitution of Foreignness |
45 Connecticut Law Review 743 (February, 2013) |
It is a central premise of modern American immigration law that immigrants, by virtue of their non-citizenship, are properly subject to an extra-constitutional regulatory authority that is inherent in national sovereignty and buffered against judicial review. The Supreme Court first posited this constitutionally exceptional authority, which is... |
2013 |
| Olivia Quinto |
In a Desert Selling Water: Expanding the U-visa to Victims of Notario Fraud and Other Unauthorized Practices of Law |
14 Rutgers Race & the Law Review 203 (2013) |
Washington's paralysis with immigration reform is sustaining an invidious industry: immigration fraud. The unauthorized practice of immigration law (known as UPIL) by fraudulent providers has victimized and bilked hard-working immigrants around the country with promises to deliver immigration solutions that never materialize. Known commonly as... |
2013 |
| Alexandra Grant |
Intersectional Discrimination in U Visa Certification Denials: an Irremediable Violation of Equal Protection? |
3 Columbia Journal of Race and Law 253 (2013) |
Through the U visa, the Immigration and Nationality Act offers a means to obtain legal immigration status for undocumented victims of domestic violence and other specified crimes who cooperate with law enforcement in the investigation or prosecution of those crimes. In order to apply for such a visa, a crime victim must obtain law enforcement... |
2013 |
| Bijal Shah |
Lgbt Identity in Immigration |
45 Columbia Human Rights Law Review 100 (Fall, 2013) |
The partial invalidation of the Defense of Marriage Act (DOMA) and national focus on comprehensive immigration reform has brought lesbian, gay, bisexual, and transgender (LGBT) immigrants to the forefront. This Article is the first to undertake a close examination of asymmetries in the impact of LGBT identity on access to United States citizenship.... |
2013 |
| Jillian S. Hishaw |
Mississippi Is Burning Georgia's Peaches Because Alabama Is No Longer a Sweet Home: a Legislative Analysis of Southern Discomfort Regarding Illegal Immigration |
58 South Dakota Law Review 30 (2013) |
I. INTRODUCTION II. WE'VE BEEN HERE BEFORE III. NORTH AMERICAN FREE TRADE AGREEMENT IV. THE CHINA EFFECT V. SWEET HOME ALABAMA VI. I'VE GOT GEORGIA ON MY MIND VII. MISSISSIPPI BURNING VII. POSITIVE IMPLICATIONS OF STATE IMMIGRATION REFORM IX. GUEST WORKER PROGRAM A. H-2A Guest Worker Program B. Helping Agriculture Receive Verifiable Employees... |
2013 |
| Brooke Huley |
Most RelevantAutomatic Birthright Citizenship: How Europe Has Fallen and Why We Should Not Follow |
19 Southwestern Journal of International Law 351 (2013) |
Through the Fourteenth Amendment, our nation currently grants automatic citizenship to children of undocumented immigrants--as well as all other children--born on U.S. soil. However, legislators have recently attacked this century-old policy. They have proposed both a federal law and a constitutional amendment that would reinterpret the Fourteenth... |
2013 |
| Lee Ann S. Wang |
Of the Law, but Not its Spirit": Immigration Marriage Fraud as Legal Fiction and Violence Against Asian Immigrant Women |
3 UC Irvine Law Review 1221 (December, 2013) |
Introduction. 1221 I. Immigration Marriage Fraud as a Legal Fiction. 1228 II. The Racial Problem with Coaching . 1235 III. Translation as Fraudulent Speaker. 1239 IV. Love Letters and Whiteness. 1243 V. The Citizen Subject as Innocent Speaker. 1246 Conclusion. 1249 |
2013 |
| Victor C. Romero |
Our Illegal Founders |
16 Harvard Latino Law Review 147 (Spring, 2013) |
I. The Current Immigration Debate in Historical Context. 147 II. A Brief History of (Il)legal Immigration. 150 A. Private Borders, National Borders, and the Role of Law. 150 B. The Malleable Border in U.S. History. 151 1. Privilege and Power during the 1700s: Our Illegal Founding Fathers. 152 2. The View from Below: Illegal People in the New... |
2013 |
| Adam B. Cox , Thomas J. Miles |
Policing Immigration |
80 University of Chicago Law Review 87 (Winter, 2013) |
Today, local police are being integrated into federal immigration enforcement on a scale never seen before in American history. This transformation of immigration law is not the result of the high-profile efforts by Arizona and a few other states to regulate migrants. Instead, it is the product of a largely overlooked federal program known as... |
2013 |
| Jennifer M. Chacón |
Policing Immigration after Arizona |
3 Wake Forest Journal of Law and Policy 231 (June, 2013) |
The Supreme Court's June 25, 2012, decision in the case of Arizona v. United States has already generated a wave of scholarly commentary. The emerging consensus is that the ruling was a significant victory for proponents of federal primacy in immigration law. The Court rejected the voguish notion that states have inherent authority to enforce... |
2013 |
| Jason A. Cade |
Policing the Immigration Police: Ice Prosecutorial Discretion and the Fourth Amendment |
113 Columbia Law Review Sidebar 180 (November 10, 2013) |
A persistent puzzle in immigration law is how the removal adjudication system should respond to the increasing prevalence of violations of noncitizens' constitutional rights by arresting officers. Scholarship in this area has focused on judicial suppression of unconstitutionally obtained evidence, typically by arguing that the Supreme Court should... |
2013 |
| Dan Talmadge |
Precluding the Use of Immigration Status in Civil Cases |
33 Alabama Association for Justice Journal 70 (Fall, 2013) |
On June 19, 2011, Governor Bentley signed the Beason-Hammon Alabama Taxpayer and Citizen Protection Act (the Act) into law. The Act was calculated to make the lives of illegal immigrants so difficult as to force them to retreat from the State of Alabama. Among other things, the Act: (1) criminalized the willful failure to complete or carry an... |
2013 |
| Christopher N. Lasch |
Preempting Immigration Detainer Enforcement under Arizona V. United States |
3 Wake Forest Journal of Law and Policy 281 (June, 2013) |
The power of the states to participate in immigration enforcement has been debated for over a decade. With its June 25, 2012, decision in Arizona v. United States, the Supreme Court weighed in heavily on the side of those who argue states lack immigration enforcement authority, or at least on the side of those who argue the states are preempted... |
2013 |
| Daniel Ford, Lori Jordan Isley, Richard W. Kuhling, Joachim Morrison |
Protecting the Employment Rights and Remedies of Washington's Immigrant Workers |
48 Gonzaga Law Review 539 (2012-2013) |
I. Introduction. 540 II. Promoting Access Through Courthouse Policies. 541 III. Protection From Intimidation: Ethical Constraints on Using or Threatening to Use Immigration Status in Civil Representation. 542 IV. Protection From Harmful Disclosures: Discovery Limitations for Remedies Available to All Workers. 546 A. State Law Remedies for Lost... |
2013 |
| Cynthia Benin |
Randomizing Immigration Enforcement: Exploring a New Fourth Amendment Regime |
88 New York University Law Review 1735 (November, 2013) |
This Note draws upon immigration law to analyze a new Fourth Amendment regime put forth by criminal law scholars Bernard Harcourt and Tracey Meares. In Randomization and the Fourth Amendment, Harcourt and Meares propose a model for reasonable searches and seizures that dispenses with individualized suspicion in favor of random, checkpoint-like... |
2013 |
| Denise Gilman |
Realizing Liberty: the Use of International Human Rights Law to Realign Immigration Detention in the United States |
36 Fordham International Law Journal 243 (February, 2013) |
INTRODUCTION. 244 I. THE CURRENT STATE OF IMMIGRATION DETENTION. 252 II. INTERNATIONAL HUMAN RIGHTS STANDARDS. 261 A. Development of the International Human Rights Standards. 261 B. Content of the International Human Rights Standards. 265 1. Rights that Form the Basis of the International Human Rights Standards. 266 2. General Principles of the... |
2013 |
| Julian Lim |
Reconceptualizing Asian Pacific American Identity at the Margins |
3 UC Irvine Law Review 1151 (December, 2013) |
Introduction. 1151 I. Asian Pacific American Identity Formation. 1152 A. Birth of the Asian American Movement. 1152 B. Asian American Jurisprudence. 1154 II. Reconceptualizing Asian Pacific American Identity Through Transnational Immigration History and Law. 1156 A. Transnational Perspectives. 1157 B. Asians in the Americas--Regulating Race and... |
2013 |
| 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 |
| 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 |
| 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 |
| Robert F. Ley |
Reviving Housing Rights of the Undocumented Through Disparate Impact and the Fourteenth Amendment: the Problem with the Fha, § 1981, & Preemption |
23 Berkeley La Raza Law Journal 35 (2013) |
Anti-immigrant housing ordinances have become a tool for state authorities in their efforts to curb local effects of a defunct federal immigration scheme. Federal frustration and resentment has culminated in state resistance through ordinances inquiring into citizenship status as a condition for renting or leasing property. The legality of these... |
2013 |
| Amelia Fischer |
Secure Communities, Racial Profiling, & Suppression Law in Removal Proceedings |
19 Texas Hispanic Journal of Law and Policy 63 (Spring 2013) |
I. Introduction. 64 II. Secure Communities: Overview of the Program and the Racial Profiling It Allows. 66 III. Fighting for Suppression in Removal Proceedings. 69 A. The Fourth Amendment's Exclusionary Rule in its Full Form. 70 B. An Overview of the Application of the Exclusionary Rule in Immigration Proceedings. 75 C. Barriers to Prevailing on a... |
2013 |
| Jennifer Coleman |
Shaping Farmers Branch: How the Courts Have Leveled the Playing Field |
27 Georgetown Immigration Law Journal 829 (Summer, 2013) |
C1-3Table of Contents I. Introduction. 830 II. The Ordinances--an Introduction. 833 A. The National Immigration Landscape. 834 B. Immigration in Farmers Branch. 837 C. Nationally--The Legal Framework. 841 D. The Fifth Circuit and Farmers Branch. 846 E. The Supreme Court and Farmers Branch. 849 1. Supremacy Clause Claims. 849 2. Due Process Claims.... |
2013 |
| Priyang Baxi, Ami Gandhi |
South Asian American Civic Engagement: Opportunity for Impact |
6 DePaul Journal for Social Justice 153 (Spring 2013) |
As one of the most rapidly growing racial groups in Illinois and the country, South Asian Americans are increasingly interested in having a voice - from voting on Hindi ballots for the first time in the 2012 elections to speaking out on hate crimes, immigration, health care, economic conditions, and other issues that affect their daily lives. South... |
2013 |
| |
State and Local Regulation of Unauthorized Immigrant Employment |
126 Harvard Law Review 1608 (April, 2013) |
Employment is at the heart of the controversy surrounding illegal immigration. Employment is both the cause of the vast majority of illegal immigration--magnet is the inevitable metaphor --and, in the view of those who contend that unauthorized immigrant workers take jobs from and drive down the wages of authorized workers, the harm. For the past... |
2013 |
| Reviewed By Michael Scaperlanda |
Stirring the Melting Pot: a Recipe for Immigrant Acceptance the Immigration Crucible: Transforming Race, Nation, and the Limits of the Law. By Philip Kretsedemas. New York, New York: Columbia University Press, 2012. 232 Pages. $28.00 |
91 Texas Law Review 1171 (April, 2013) |
The interstate highway made distant what had been close, and close what had been distant. In The Immigration Crucible, Philip Kretsedemas hopes to break the habit of developing arguments that are simply reactions to the other side and desires to map a political, cultural, and economic terrain that . . . provides some new insights into why so... |
2013 |
| Jan C. Ting |
The Basic Immigration Choice: Limit or No Limit |
22-SUM Kansas Journal of Law & Public Policy 405 (Summer, 2013) |
The long-standing dissatisfaction with the U.S. immigration system continues with repeated descriptions of that system as broken, but with no agreement on how or why it is broken or how to fix it. President Obama has promised to make immigration reform a priority of his second term, but the sharp political divisions and competing interests over... |
2013 |
| Benjamin D. Galloway |
The Beginning of the End: United States V. Alabama and the Doctrine of Self-deportation |
64 Mercer Law Review 1093 (Summer 2013) |
Remember, remember always that all of us, and you and I especially, are descended from immigrants and revolutionists. -- Franklin D. Roosevelt In United States v. Alabama, a three-judge panel of the United States Court of Appeals for the Eleventh Circuit struck down several sections of Alabama's Hammon-Beason Alabama Taxpayer and Citizen... |
2013 |
| Mary Fan |
The Case for Crimmigration Reform |
92 North Carolina Law Review 75 (December, 2013) |
The nation is mired in immigration reform debates again. Leaders vow that this time will be different. The two groups most targeted by immigration control law over the last century, Hispanics and Asians, have increased in numbers and in political power. Conservative leaders are realizing that hostile policies toward people perceived as foreign are... |
2013 |
| Rachel E. Rosenbloom |
The Citizenship Line: Rethinking Immigration Exceptionalism |
54 Boston College Law Review 1965 (November, 2013) |
Abstract: It is not possible to police the movement of aliens without first determining who is and is not a citizen. Yet little scholarly attention has been devoted to the nature of citizenship determinations or their implication for our understanding of immigration enforcement as a whole. Thousands of U.S. citizens are caught up in immigration... |
2013 |
| Lucas Guttentag |
The Forgotten Equality Norm in Immigration Preemption: Discrimination, Harassment, and the Civil Rights Act of 1870 |
8 Duke Journal of Constitutional Law & Public Policy Pol'y 1 (2013) |
This Article explores the importance of the Civil Rights Act of 1870 to the current debate over immigration federalism and the preemption of state and local immigration laws under the Supremacy Clause. The 1870 Act, enacted by the Reconstruction Congress after the Civil War, prohibits discrimination on the basis of alienage. The Article shows... |
2013 |
| Anjana Malhotra |
The Immigrant and Miranda |
66 SMU Law Review 277 (Winter 2013) |
The recent dramatic convergence of immigration and criminal law is transforming the immigration and criminal justice system. While scholars have begun to examine some of the structural implications of this convergence, this Article breaks new ground by examining judicial responses and specifically the lens of Miranda v. Arizona. This Article... |
2013 |
| Eric A. Posner |
The Institutional Structure of Immigration Law |
80 University of Chicago Law Review 289 (Winter, 2013) |
In a series of papers, Professor Adam Cox and I argue that immigration scholars should give more attention to the institutional structure of immigration law, using models and principles drawn from economic theory. Most existing scholarship takes different approaches. A large doctrinal literature attempts to work out the legal implications of the... |
2013 |
| Gabriel J. Chin , Cindy Hwang Chiang , Shirley S. Park |
The Lost Brown V. Board of Education of Immigration Law |
91 North Carolina Law Review 1657 (June, 2013) |
This Article proposes that in 1957, the Supreme Court came close to applying Brown v. Board of Education to immigration law. In Brown, the Supreme Court held that school segregation was unconstitutional. Ultimately, Brown came to be understood as prohibiting almost all racial classifications. Meanwhile, in a line of cases exemplified by Chae Chan... |
2013 |
| Stella Burch Elias |
The New Immigration Federalism |
74 Ohio State Law Journal 703 (2013) |
The Supreme Court's recent rulings in Arizona v. United States (2012) and Chamber of Commerce v. Whiting (2011) mark a watershed in immigration law and doctrine. Because the Supreme Court held that state and local indirect enforcement measures are no longer permissible, some scholars have argued that this signals the end of state and local... |
2013 |
| Jason A. Cade |
The Plea-bargain Crisis for Noncitizens in Misdemeanor Court |
34 Cardozo Law Review 1751 (June, 2013) |
This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and... |
2013 |
| Rick Su |
The Promise and Peril of Cities and Immigration Policy |
7 Harvard Law & Policy Review 299 (Summer 2013) |
In recent years, progressives have begun to embrace cities as meaningful sites of reform. From gay rights to environmental protection, a host of progressive movements now look to urban policymaking as an important part of their political playbook. Even as this enthusiasm for the city grows, however, there remains one policy arena in which local... |
2013 |
| Patrick W. Thomas |
The Recurring Native Response to Global Labor Migration |
20 Indiana Journal of Global Legal Studies 1393 (2013) |
For the past few decades, and increasingly in the past few years, U.S. state governments have supplemented federal immigration law with state laws overtly designed to combat the perceived ills stemming from undocumented immigration to the United States. Proponents of these laws justify them on the basis of a normative negativity associated with... |
2013 |
| Erica L. Sharp |
The Resolution of the "Show Me Your Papers" Circuit Split: Constitutionality and Consequences of Enforcing State and Local Immigration Laws |
19 Widener Law Review 465 (2013) |
In January 2010 the Department of Homeland Security (DHS) estimated that 10.8 million unauthorized immigrants were living in the United States. The population of illegal immigrants in the United States increased by twenty-seven percent between 2000 and 2010. Although immigration is traditionally a federally regulated area, state and local... |
2013 |
| Jonathan Simon |
The Return of the Medical Model: Disease and the Meaning of Imprisonment from John Howard to Brown V. Plata |
48 Harvard Civil Rights-Civil Liberties Law Review 217 (Winter 2013) |
Forty years after the medical model--as the rehabilitative-oriented penology that dominated American correctional systems from World War II until the 1970s was widely known--began to be abandoned, Brown v. Plata suggests the imminent return of medicine and the problem of disease to our public imagination of the prison and our constitutional... |
2013 |
| |
The Role of the Exclusionary Rule in Removal Hearings |
126 Harvard Law Review 1633 (April, 2013) |
In July 2011, a New York City immigration court judge entered a notable order: she suppressed evidence that an alien had entered the United States illegally. A review of the circumstances precipitating the alien's arrest, however, would make the grant of a suppression remedy seem unexceptional to any attorney versed in Fourth Amendment doctrine. In... |
2013 |
| Melissa Hogan |
The Shadow Spreads: Impact of S.b. 1070 and Trends in Modern Immigration Law |
14 Rutgers Journal of Law & Religion 551 (Spring, 2013) |
When Adolf Hitler came to power in Germany in 1933, the world had no idea of the horrific acts that were about to take place. From our vantage point, safe in the United States, we saw the deprivation of rights of the Jews in Nazi Germany start off small. We saw horrific persecution begin with a front of blaming Jews for Germany's societal ills. We... |
2013 |
| Rick Su |
The States of Immigration |
54 William and Mary Law Review 1339 (March, 2013) |
Immigration is a national issue and a federal responsibility. So why are states so actively involved? Their legal authority over immigration is questionable. Their institutional capacity to regulate it is limited. Even the legal actions that states take sometimes seem pointless from a regulatory perspective. Why do they enact legislation that... |
2013 |
| Rose Cuison Villazor |
The Undocumented Closet |
92 North Carolina Law Review Rev. 1 (December, 2013) |
The phrase coming out of the closet traditionally refers to moments when lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals decide to reveal their sexual orientation or gender identity to their families, friends, and communities. In the last few years, many immigrants, particularly those who were brought to the United States... |
2013 |