AuthorTitleCitationSummaryYear
Kristi Lundstrom The Unintended Effects of the Three- and Ten-year Unlawful Presence Bars 76 Law and Contemporary Problems 389 (2013) In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), focusing immigration law and policy on greater enforcement and centering the enforcement system around departures, in an attempt to deter immigrants from overstaying their visas. One major enforcement tool instituted by IIRIRA was the creation of... 2013
Scott C. Hodges Twenty-hour Detention Based on Reasonable Suspicion Is Not a "Minimal Intrusion": a Case for Amending Arizona's Sb 1070 7 Phoenix Law Review 411 (Winter 2013) I. Introduction. 412 II. Background. 415 A. Fiscal Challenges Caused by Unlawfully Present Aliens. 416 B. Congress Gridlocked in Addressing Immigration Issues. 418 C. States Taking Matters Into Their Own Hands. 419 D. SB 1070's Place in the Immigration Debate. 420 E. Section 2(B) of SB 1070. 422 III. A Better Solution. 424 A. Reasonable Suspicion.... 2013
René K. Cousins What about Diversity? Historical Reappearance Proves to Be Stifling the Progress of a Diverse "Nation of Immigrants" 7 Southern Region Black Law Students Association Law Journal 15 (Spring 2013) American history is rampant with exclusionary acts and promulgations. This note acknowledges the recurring aversion toward immigration, particularly illegal immigration in the United States. From its earliest days of development, America was a nation of immigrants. Some of the first settlers on American soil sought economic opportunity, relief from... 2013
Melinda R. Lewis A "Right Without a Remedy": an Analysis of the Sovereign Immunity Issues Implicated by State Power (Or the Lack Thereof) over Immigration Following Arizona V. United States 26 Georgetown Immigration Law Journal 629 (Spring, 2012) In June 2012, the Supreme Court allowed Arizona's controversial law requiring mandatory immigration status checks to go into effect. In a 5-3 decision, the Court held that it was improper to enjoin the mandatory immigration status check before the state courts had an opportunity to interpret it and without some showing that it in fact conflicts... 2012
Kevin R. Johnson A Case Study of Color-blindness: the Racially Disparate Impacts of Arizona's S.b. 1070 and the Failure of Comprehensive Immigration Reform 2 UC Irvine Law Review 313 (February, 2012) Introduction. 314 I. The Tumultuous Immigration Debate of the Twenty-First Century. 317 A. Meltdown in the Desert: Arizona's S.B. 1070. 320 1. S.B. 1070: One State's Effort to Bolster Immigration Enforcement. 326 2. One Color-Blind Defense: S.B. 1070 Bans Racial Profiling. 331 3. Another Color-Blind Defense: S.B. 1070 Simply Mirrors Federal Law.... 2012
Richard T. Middleton, IV, Ph.D., JD , Sheridan Wigginton, Ph.D. A Comparative Analysis of How the Framing of the Jus Soli Doctrine Affects Immigrant Inclusion into a National Identity 21 Temple Political & Civil Rights Law Review 521 (Spring 2012) This paper builds upon a previous study that analyzed how the doctrine of jus soli affects racial and ethnic immigrant minority inclusion into citizenship and a national identity. In the aforementioned study, particular focus was given to how the principle of jus soli embedded in the U.S. Constitution has been judicially interpreted in a manner... 2012
Stephanie Kang A Rose by Any Other Name: the Chilling Effect of Ice's "Secure" Communities Program 9 Hastings Race and Poverty Law Journal 83 (Winter 2012) Since the September 11, 2001, attack on United States soil, both the federal government and its citizens have felt a renewed urgency to police United States borders and push undocumented immigrants out of the country in the name of national security. For example, a recent study conducted in February 2011 found that 35% of survey respondents say... 2012
Eleanor Marie Lawrence Brown A Visa to "Snitch": an Addendum to Cox and Posner 87 Notre Dame Law Review 973 (February, 2012) Cox and Posner's landmark contribution is the first article to have highlighted the challenges of information asymmetry in immigration screening. While Cox and Posner have undoubtedly made a significant contribution, there is a critical oversight in their framework: they do not discuss the importance of targeted ex post mechanisms of screening... 2012
Alicia Lee, William Dong, Natanya DeWeese Arizona V. United States (11-182) 59-AUG Federal Lawyer 57 (August, 2012) In 2010, Arizona enacted the Support Our Law Enforcement and Safe Neighborhoods Act, which creates state immigration offenses and expands local police officers' immigration law enforcement authority. The United States sued Arizona in federal district court, arguing that the state law was pre-empted by federal law, and sought a preliminary... 2012
Patrick B. Reagin Arizona V. United States: Unstitching the Patchwork of Reactionary State-enacted Immigration Legislation Through Federal Preemption 58 Loyola Law Review 1035 (Winter 2012) In 2010, Arizona enacted the Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States. The act mandated unprecedented levels of action by state law enforcement agencies, created new state law... 2012
George A. Martínez Arizona, Immigration, and Latinos: the Epistemology of Whiteness, the Geography of Race, Interest Convergence, and the View from the Perspective of Critical Theory 44 Arizona State Law Journal 175 (Spring 2012) I. Introduction. 176 II. A Critical Perspective on Arizona and the New Immigration Law and Other Laws Impacting Latinos. 179 A. The Epistemology of Whiteness and the Creation of a White Geography or Space in Arizona. 180 B. The Outlawing of Ethnic Studies in Arizona and the Segregation of Knowledge as a Corollary to the Establishment of a White... 2012
Jennifer R. Phillips Arizona's S.b. 1070 and Federal Preemption of State and Local Immigration Laws: a Case for a More Cooperative and Streamlined Approach to Judicial Review of Subnational Immigration Laws 85 Southern California Law Review 955 (March, 2012) 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-tost to me I lift my lamp beside the golden door. -- Poet Emma Lazarus, The New Colossus, inscribed beneath the Statue of Liberty [U]nless the stream of their importation could be turned . . . they... 2012
David T. Ritchie Assessing the Moral Status of State Immigration Actions 5 John Marshall Law Journal 549 (Spring 2012) A growing number of states in the United States, including Georgia, have stepped into the area of immigration policy. While various rationales are given for this move, one must wonder what is really behind the drive to have states legislate in an area that has traditionally been reserved for the federal government. This Article explores the effect... 2012
Allison S. Hartry Birthright Justice: the Attack on Birthright Citizenship and Immigrant Women of Color 36 New York University Review of Law and Social Change 57 (2012) Anti-immigrant sentiment in the United States is increasingly focused on restricting women of color's access to reproductive justice. Rhetoric surrounding anchor babies and an invasion by birth canal shows how the debate over immigration plays out on the bodies of immigrant women of color. This Article begins by describing the history of... 2012
Anton F. Mertens Build a Better Mousetrap and the World Will Beat a Path to Your Door : Can the Employment-based Immigration Process Be Improved? 5 John Marshall Law Journal 513 (Spring 2012) I. Introduction. 514 II. Historical Perspective. 515 A. Immigration History Before 1900. 518 B. Immigration History from 1900 to 1952. 520 C. The Immigration and Nationality Act of 1952 to Present. 523 III. Overview of the Employment-Based Immigration Process. 527 A. Employment-Based Immigration Preference System. 529 1. First Preference. 530 2.... 2012
Erin B. Corcoran Bypassing Civil Gideon: a Legislative Proposal to Address the Rising Costs and Unmet Legal Needs of Unrepresented Immigrants 115 West Virginia Law Review 643 (Winter 2012) I. Introduction. 644 II. The Problem. 646 A. What Is at Stake: The Consequences of a Removal Order. 646 B. Barriers to Accessing Competent Representation. 649 C. Challenges for Pro Se Immigrants. 650 III. Efforts to Establish a Constitutional Right to Counsel in Civil Litigation (Civil Gideon) Have and Will Likely Continue to be Unsuccessful. 653... 2012
Erin Aeran Chung , Daisy Kim Citizenship and Marriage in a Globalizing World: Multicultural Families and Monocultural Nationality Laws in Korea and Japan 19 Indiana Journal of Global Legal Studies 195 (Winter, 2012) This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case,... 2012
César Cuauhtémoc García Hernández Cluster Introduction - Immigrant Outsider, Alien Invader: Immigration Policing Today 48 California Western Law Review 231 (Spring 2012) This is the story of immigration policing today. Sensors in the ground, high-intensity lights overhead, steel walls ten feet high, and drone aircraft in the air. Twenty-one thousand uniformed personnel armed with automatic weaponry, their might augmented by many thousands more from local law enforcement agencies. All tied together through massive... 2012
Maritza I. Reyes Constitutionalizing Immigration Law: the Vital Role of Judicial Discretion in the Removal of Lawful Permanent Residents 84 Temple Law Review 637 (Spring 2012) For decades, scholars and advocates criticized the harsh, mandatory nature of the Federal Sentencing Guidelines. They argued that federal district court judges should have discretion to authorize a punishment that fits the facts and circumstances of the crime and the defendant. Similarly, immigration scholars and advocates criticize the harsh laws... 2012
Ingrid V. Eagly Criminal Clinics in the Pursuit of Immigrant Rights: Lessons from the Loncheros 2 UC Irvine Law Review 91 (February, 2012) Introduction. 91 I. The Role of Lawyers in the Lonchero Campaign. 93 A. The Organizational Phase: Contesting the Durational Restriction. 94 1. Crime. 96 2. Competition. 98 3. Race. 100 4. Collective Decisionmaking. 104 B. The Individual Phase: Defending the Test Case. 106 II. Implications for Clinics and Practice. 109 A. Individual Clients and Law... 2012
César Cuauhtémoc García Hernández Criminal Defense after Padilla V. Kentucky 26 Georgetown Immigration Law Journal 475 (Spring, 2012) Abstract: The Supreme Court's decision in Padilla v. Kentucky involves criminal defense attorneys in immigration law as never before. Long the mediators between defendants and the state's penal authority, these attorneys must now advise their noncitizen clients about the potential immigration pitfalls of a conviction. Just what advice is required,... 2012
Frances M. Kreimer Dangerousness on the Loose: Constitutional Limits to Immigration Detention as Domestic Crime Control 87 New York University Law Review 1485 (November, 2012) The United States immigration detention regime that was reborn in the 1980s is not only unprecedented in scale, but also in rationale. Whereas immigration detention had historically been justified primarily as a means of ensuring immigration compliance, with a secondary purpose of protecting national security, today's system increasingly functions... 2012
Patrick J. Charles Decoding the Fourteenth Amendment's Citizenship Clause: Unlawful Immigrants, Allegiance, Personal Subjection, and the Law 51 Washburn Law Journal 211 (Spring 2012) I. Introduction. 212 II. Decoding Birthright Citizenship from the Founding to the Fourteenth Amendment. 215 A. Birthright Citizenship and the 1866 Civil Rights Act. 220 B. Birthright Citizenship and the Fourteenth Amendment. 225 III. Defining Citizenship and Who is Subject to the Jurisdiction Thereof . 231 IV. The Birthright Citizenship Debate in... 2012
Adam B. Cox , Eric A. Posner Delegation in Immigration Law 79 University of Chicago Law Review 1285 (Fall 2012) Immigration law both screens migrants and regulates the behavior of migrants after they have arrived. Both activities are information intensive because the migrant's type and the migrant's post-arrival activity are often forms of private information that are not immediately accessible to government agents. To overcome this information problem,... 2012
Sheila I. Vélez Martínez Desde Quisqueya Hacia Borinquena: Experiences and Visibility of Immigrant Dominican Women in Puerto Rico: Violence, Lucha and Hope in Their Own Voices 18 ILSA Journal of International and Comparative Law 683 (Summer, 2012) I. Introduction. 683 II. Methodology. 685 III. Dominican migration: feminine and transnational. 689 IV. The shaping and reshaping of identities. 697 V. On Visibility. 702 VI. Conclusion. 705 2012
Gabriel Zeller Do Cubans Deserve Special Treatment? A Comparative Study Relating to the Cuban Adjustment Act 4 Elon Law Review 235 (2012) C1-3Contents I. Introduction. 235 II. The Cuban Adjustment Act and Treatment of Cuban Immigrants. 238 III. Methods of Obtaining Legal Permanent Resident Status for Latino Immigrants from Other Countries. 240 IV. An Overview of Conditions in Cuba, Venezuela, and Honduras. 241 a. Cuba. 241 b. Venezuela. 243 c. Honduras. 246 V. Comparing the... 2012
Paulo Edmundo Ochoa Education Without Documentation: as Plyler Students Reach New Heights, Will Their Status Make Them Morally Unfit to Practice Law? 34 Thomas Jefferson Law Review 411 (Spring 2012) The soul who sins is the one who will die. The son will not share the guilt of the father, nor will the father share the guilt of the son. The California Committee of Bar Examiners recently considered whether Sergio Garcia, an undocumented immigrant, is morally fit to practice law. Prior to 2008, the California State Bar did not inquire into an... 2012
BJ Smith Emma Lazarus Weeps: State-based Anti-immigration Initiatives and the Federalism Challenge 80 UMKC Law Review 905 (Spring, 2012) 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-tost to me, I lift my lamp beside the golden door! Centuries after the first weary travelers landed to create a great New World, the Statue of Liberty was dedicated as a symbol of freedom and... 2012
Patricia S. Mann Empowering the Global Movement of Bodies: an Immcrit Jurisprudence 3 Creighton International and Comparative Law Journal 160 (Fall, 2012) I want to say how happy I am to be here at CIAPA, and how grateful I am to be included for a second time in this great LatCrit South North Exchange. Last year my presentation focused on the draconian discretionary powers of US Immigration agencies to detain and deport noncitizens, regardless of their length of residence, and familial connections,... 2012
Elizabeth Keyes Examining Maryland's Views on Immigrants and Immigration 43 University of Baltimore Law Forum L.F. 1 (Fall 2012) The Baltimore Sun has aptly described Maryland as having a split personality on immigration. Maryland's responses to a broken federal immigration system have diverged both in state-wide politics and in jurisdiction-by-jurisdiction approaches. We see the divergence in Frederick County's embrace of using local law enforcement agencies to enforce... 2012
Richard Delgado Four Reservations on Civil Rights Reasoning by Analogy: the Case of Latinos and Other Nonblack Groups 112 Columbia Law Review 1883 (November, 2012) The protection of civil rights in the United States encompasses remedies for at least five separate groups. Native Americans have suffered extermination, removal, denial of sovereignty, and destruction of culture; Latinos, conquest and the indignities of a racially discriminatory immigration system. Asian Americans suffered exclusion, wartime... 2012
  From Emma Lazarus to Arizona Sb1070, Can Progressives Meet New Challenges to Immigrants Rights? 31 Chicana/o-Latina/o Law Review 47 (2012) M : Good afternoon everyone. I think that we are ready to go ahead and get started. I would like to welcome you all to the first of this year's series of the David Epstein Program in Public Interest Law Speakers Series. We are so pleased to have with us here today four of the most preeminent experts in immigrants' rights to join us for our panel... 2012
Pooja Gehi Gendered (In)security: Migration and Criminalization in the Security State 35 Harvard Journal of Law & Gender 357 (Summer 2012) Introduction I. Criminalization of Transgender Immigrants of Color. 364 A. Cycles of Poverty. 366 B. Walking While Trans: Police Profiling and Fourth Amendment Stops. 368 C. Disproportionate Incarceration. 372 D. Violence and Incarceration. 374 E. Criminal Procedure, Plea Bargains, and Safety. 375 II. Devolution of Criminal and Immigration Law. 377... 2012
Olivia Salcido, Cecilia Menjívar Gendered Paths to Legal Citizenship: the Case of Latin-american Immigrants in Phoenix, Arizona 46 Law and Society Review 335 (June, 2012) In this paper we seek to contribute to a greater understanding of legal citizenship by exploring the gendered experiences of Latin-American-origin immigrants in the greater Phoenix metropolitan area as they go through the legalization process. To explore this gendered angle we rely on in-depth interviews conducted from 1998 through 2008 with women... 2012
Juliet P. Stumpf Getting to Work: Why Nobody Cares about E-verify (And Why They Should) 2 UC Irvine Law Review 381 (February, 2012) Employment is traditionally conceptualized as a private contract between employer and employee. The Immigration Reform and Control Act of 1986 (IRCA), which prohibited employers from knowingly hiring employees not authorized to work and required employers to request evidence of work authorization, introduced the government into this private... 2012
Pantea Javidan Global Class and the Commercial-sexual Exploitation of Children: Toward a Multidimensional Understanding 1 Columbia Journal of Race and Law 365 (July, 2012) This Essay draws together several focal points of the Third Annual National People of Color Conference in 2010, human trafficking, racial contexts, criminal law, immigration law and international law, while addressing the core theme of post-racialism and other posts. The purpose of this Essay is three-fold. First, it challenges the notion that we... 2012
Michael A. Olivas Governing Badly: Theory and Practice of Bad Ideas in College Decision Making 87 Indiana Law Journal 951 (Summer, 2012) I. Legacy or Alumni Preference Admissions. 955 II. Linking State College Appropriations to Test Scores. 959 III. Program Discontinuance. 965 IV. Playing Immigration Cop. 973 Conclusion. 974 2012
Allie Karoline Sievers Gypsies, Tramps & Thieves: What Europe's Romanies Can Teach the United States about Crime-motivated Immigration Reform 1 Penn State Journal of Law & International Affairs 97 (April, 2012) This comment proposes that the United States could learn a great deal about the dangers of extreme immigration policy-making by looking to the European states and their dealings with the Romani, specifically the French expulsions of the Romani in 2010. Through this lens, this comment analyzes flaws in the U.S.' crime-motivated immigration... 2012
Penelope Hansen, Tiffany E. Norris, Michelle Thompson, Kristen A. Turner, Ethan Williams House Bill 87 : Illegal Immigration Reform and Enforcement Act of 2011 5 John Marshall Law Journal 695 (Spring 2012) First Signature: Representative Matt Ramsey (72nd) Co-Sponsors: Representative Rich Golick (34th), Representative Katie Dempsey (13th), Representative Rick Austin (10th), Representative Stephen Allison (8th), Representative Edward Lindsey (54th), and Senator Bill Hamrick (30th) Summary: House Bill 87 provides new definitions and state positions... 2012
Kristina M. Campbell Humanitarian Aid Is Never a Crime? The Politics of Immigration Enforcement and the Provision of Sanctuary 63 Syracuse Law Review 71 (2012) Introduction. 72 I. United States v. Millis: Is Water for the Dying Garbage or Humanitarian Aid?. 76 A. U.S. v. Millis--District of Arizona (2009). 77 B. U.S. v. Millis--Ninth Circuit Court of Appeals (2010). 79 1. A Refuge for Wildlife, but Not for Human Beings? The Gap Between Federal Law and Humanitarian Aid. 80 II. Attrition Through... 2012
Lauren Gilbert Immigrant Laws, Obstacle Preemption and the Lost Legacy of Mcculloch 33 Berkeley Journal of Employment and Labor Law 153 (2012) With the federal government's perceived failure to enforce the immigration laws as a backdrop, this paper explores how the Supreme Court's recent decision in Chamber of Commerce v. Whiting upholding the Legal Arizona Workers Act exposes some of the tensions and contradictions in modern preemption doctrine. Examining the relationship among express,... 2012
Kevin R. Johnson Immigration and Civil Rights: Is the "New" Birmingham the Same as the "Old" Birmingham? 21 William & Mary Bill of Rights Journal 367 (December, 2012) Over the past few years, state legislatures have passed immigration enforcement laws at breakneck speed. As one commentator characterized it: Immigration law is undergoing an unprecedented upheaval. The states . . . have taken immigration matters into their own hands. In response to the widespread perception that the federal government cannot or... 2012
Kevin R. Johnson Immigration and Civil Rights: State and Local Efforts to Regulate Immigration 46 Georgia Law Review 609 (Spring, 2012) I. INTRODUCTION. 611 II. FEDERAL PREEMPTION AND IMMIGRATION. 613 III. CHAMBER OF COMMERCE V. WHITING. 619 IV. ARIZONA'S S.B. 1070 AND UNITED STATES V. ARIZONA. 622 A. THE IMPACT OF WHITING ON UNITED STATES V. ARIZONA AND S.B. 1070. 626 B. WHAT WILL HAPPEN IN THE SUPREME COURT IN ARIZONA V. UNITED STATES?. 627 C. THE CIVIL RIGHTS ISSUES LIKELY TO BE... 2012
Karla Mari McKanders Immigration Enforcement and the Fugitive Slave Acts: Exploring Their Similarities 61 Catholic University Law Review 921 (Fall, 2012) I. Comparing the Fugitive Slave Acts and Prjgg v. Pennsylvania's Contribution to Immigration Law and Policy. 925 A. 1789 Fugitive Slave Clause and the 1793 Fugitive Slave Act. 925 B. State Personal Liberty Laws. 927 C. Prigg v. Pennsylvania and the 1850 Fugitive Slave Act. 929 D. The Impact of the Fourteenth Amendment's Reconstruction Clause on the... 2012
Michael J. Wishnie Immigration Law and the Proportionality Requirement 2 UC Irvine Law Review 415 (February, 2012) I. Proportionality Review Outside Immigration Law. 418 II. Proportionality Review in Immigration Law. 424 A. Removal as a Punitive Sanction. 425 1. Removal of Permanent Residents. 427 2. Removal of Non-LPRs. 428 B. Re-entry Bars as a Punitive Sanction. 431 C. Case-by-Case Proportionality Review in Immigration Cases. 435 D. Categorical... 2012
Nathan Harris Immigration Policies in America: Unfriendly and Destroying the Agriculture Industry? 4 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 195 (2011-2012) On April 23, 2010, the Arizona State Legislature sent shockwaves through many American communities when it enacted SB 1070, a bill intended to aid in enforcing federal immigration laws within Arizona's borders. In 2008, two years prior to enacting SB 1070, the Arizona legislature adopted HB 2745, known as the Legal Arizona Workers Act. The Act... 2012
Bill Ong Hing Immigration Sanctuary Policies: Constitutional and Representative of Good Policing and Good Public Policy 2 UC Irvine Law Review 247 (February, 2012) I. Introduction. 247 II. Background. 252 III. Constitutionality. 260 A. City of New York v. United States. 263 B. Sturgeon v. Bratton. 267 C. The Tenth Amendment and Preemption. 272 1. Tenth Amendment. 272 2. Preemption of State and Local Laws. 280 a. Field Preemption. 282 b. Conflict Preemption. 286 c. Impeding Federal Objective. 288 3. Martinez... 2012
Marjorie S. Zatz , Hilary Smith Immigration, Crime, and Victimization: Rhetoric and Reality 8 Annual Review of Law and Social Science 141 (2012) criminalization, exploitation, immigration enforcement, immigration law, moral panic, racialization Contrary to popular perceptions that immigration increases crime, the research literature demonstrates that immigration generally serves a protective function, reducing crime. This review takes as its starting point the contradiction between the... 2012
John Shuford In the Key of Aoki: Immigration Regionalism (Eco) 45 U.C. Davis Law Review 1655 (June, 2012) Introduction--Intro . 1657 I. First Verse. 1659 II. Second Verse. 1665 III. Third Verse. 1673 IV. Fourth Verse. 1676 V. Fifth Verse. 1685 Middle Eight. 1688 VI. Sixth Verse. 1689 VII. Seventh Verse. 1692 Conclusion--Coda/Repeat and Fade . 1697 In 2010, Keith Aoki and I coined the phrase immigration regionalism to describe a proposed... 2012
Radha Vishnuvajjala Insecure Communities: How an Immigration Enforcement Program Encourages Battered Women to Stay Silent 32 Boston College Journal of Law & Social Justice 185 (Winter, 2012) Abstract: Domestic violence is a pervasive problem in American society. Undocumented immigrant women suffer disproportionately from spousal abuse due to language and cultural barriers. Undocumented domestic violence victims often do not know how or where to seek help and fear deportation. That fear is not unfounded because Secure Communities, an... 2012
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