| Author | Title | Citation | Summary | Year |
| Nicholas R. Montorio |
The Issue of Mexican Immigration: Where Do We Go from Here? |
6 Journal of International Business and Law 169 (Spring 2007) |
This note will examine the issue of Mexican immigration into the U.S. from three different perspectives: historical, economical, and political. Analyzing this issue from these three perspectives will illustrate its multifaceted nature and each perspective is critical to understanding the delicacy of the Mexican immigration debate. Regardless of the... |
2007 |
| Rosa Celorio |
THE KALEIDOSCOPE OF CLIMATE CHANGE AND HUMAN RIGHTS: THE PROMISE OF INTERNATIONAL LITIGATION FOR WOMEN, INDIGENOUS PEOPLES, AND CHILDREN |
13 Arizona Journal of Environmental Law & Policy 155 (Spring, 2023) |
Climate change has been identified as a global emergency, a major international development issue, and a priority concern by many international and national entities. Women, Indigenous peoples, and children are some of the individuals and groups most affected by the adverse impacts of climate change. The author contends in this article that... |
2023 |
| 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 |
| Anna C. Everett |
THE LANGUAGE OF RECORD: FINDING AND REMEDYING PREJUDICIAL VIOLATIONS OF LIMITED ENGLISH PROFICIENT INDIVIDUALS' DUE PROCESS RIGHTS IN IMMIGRATION PROCEEDINGS |
55 Connecticut Law Review Online 1 (January, 2023) |
In immigration court proceedings, court interpreters interpret only those statements made directly to and by the limited English proficient (LEP) party. Thus, LEP individuals can only understand what is being spoken to them, not what is being asserted about them. In asylum interviews, applicants must provide their own interpreter, and failure to... |
2023 |
| Astghik Hairapetian |
The Last Resort: Tourism Development on Garífuna Territories in Honduras Through the Lens of Structural-dynamic Intersectionality |
67 UCLA Law Review 1224 (November, 2020) |
This Comment analyzes the gaps in protection the Garífuna have experienced both in the Inter-American Court of Human Rights (IACHR) and the U.S. asylum system, taking two cases as case studies. It argues that, in the face of increasing tourism development, the Afroindigenous Garífuna community is positioned at an intersection between the structures... |
2020 |
| Nelson Maldonado-Torres |
The Latina/o Academy of Arts and Sciences: Decolonizing Knowledge and Society in the Context of Neo-apartheid |
14 Harvard Latino Law Review 283 (Spring 2011) |
Inspired by the massive protests in 2006 against the criminalization of illegal immigration in H.R. 4437, and after months of communication and organizing, dozens of Latina/o scholars met at the University of California, Berkeley, on May 2-3 2008, in a first round of discussions exploring the possibility of establishing a Latina/o Academy of Arts... |
2011 |
| Kim McLane Wardlaw |
The Latino Immigration Experience |
31 Chicana/o-Latina/o Law Review 13 (2012) |
Although we are a country of immigrants and their descendants, the United States has a long history of targeting certain religious, ethnic, and racial groups using laws that appear facially neutral. We are once again experiencing a wave of discrimination against immigrants, and it is once again targeted toward Latinos, and predominantly Mexicans.... |
2012 |
| Maritza I. Reyes |
The Latino Lawful Permanent Resident Removal Cases: a Case Study of Nicaragua and a Call for Fairness and Responsibility in the Administration of U.s. Immigration Law |
11 Harvard Latino Law Review 279 (Spring 2008) |
What has become of the descendants of the irresponsible adventurers, the scapegrace sons, the bond servants, the redemptionists and the indentured maidens, the undesirables, and even the criminals, which made up, not all, of course, but nevertheless a considerable part of, the earliest emigrants to these virgin countries? They have become the... |
2008 |
| Carrie F. Cordero, Heidi Li Feldman, Chimène I. Keitner |
The Law Against Family Separation |
51 Columbia Human Rights Law Review 430 (Winter, 2020) |
This Article offers the first comprehensive assessment of how domestic and international law limits the U.S. government's ability to separate foreign children from the adults accompanying them when they seek to enter the United States. As early as March 6, 2017, then-Secretary of Homeland Security John Kelly told CNN's Wolf Blitzer that he was... |
2020 |
| Luke Herrine |
The Law and Political Economy of a Student Debt Jubilee |
68 Buffalo Law Review 281 (April, 2020) |
The notion of a student debt jubilee has begun its march from the margin of policy debates to the center, yet scholarly debate on the value of canceling student debt is negligible. This article attempts to jump start such debate in part by presenting a novel policy proposal for implementing a jubilee. In addition to reviewing the history of student... |
2020 |
| Shalini Bhargava Ray |
The Law of Rescue |
108 California Law Review 619 (June, 2020) |
Diverse areas of law regulate acts of rescue, often inconsistently. For example, maritime law mandates rescue, immigrant harboring law prohibits it, and tort law generally permits it but does not require it. Modern legal scholarship has focused principally on mandatory and permissive forms of rescue. With humanitarian actors facing prosecution for... |
2020 |
| Josh A. Roth |
THE LEADERSHIP LIMITATION ON PERSECUTORS AND TERRORIST ORGANIZATIONS |
108 Cornell Law Review Online 60 (May, 2023) |
The asylum system in the United States is a melting pot of political discourse, international relations, and novel questions of law. Among other legal requirements, an asylee bears the burden of showing (1) they were persecuted or have a well-founded fear of future persecution and (2) that the persecution was committed by the government or that the... |
2023 |
| Allen Slater , Richard Delgado |
THE LEAST OF THESE: THE CASE FOR NATIONWIDE INJUNCTIONS IN IMMIGRATION CASES AS A CRITICAL DEMOCRATIC INSTITUTION |
25 U.C. Davis Social Justice Law Review 100 (Summer, 2021) |
Truly I tell you, whatever you did not do for one of the least of these, you did not do for me. --Matthew 25:45 America is fortunate to have a long running and relatively stable democratic government, due in large part to the robustness of many of its democratic institutions. Analogically, one can describe democratic institutions as some of the... |
2021 |
| Enid Trucios-Gaynes |
The Legacy of Racially Restrictive Immigration Laws and Policies and the Construction of the American National Identity |
76 Oregon Law Review 369 (Summer 1997) |
the ongoing struggle of defining what it means to be American has infected public policy and political debates in a manner that almost defies characterization. The rhetoric about the threats to the American way of life posed by noncitizens is linked to immigration policy because of a heightened awareness of the increased presence of noncitizens... |
1997 |
| Leticia M. Saucedo |
The Legacy of the Immigrant Workplace: Lessons for the 21st Century Economy |
40 Thomas Jefferson Law Review Rev. 1 (Fall, 2017) |
INTRODUCTION. 2 I. THE VULNERABILITY OF IMMIGRANT WORKERS AS OTHERS IN THE WORLD OF THE FREE EMPLOYEE. 3 II. THE DYNAMICS THAT FACILITATE THE IMMIGRANT WORKPLACE. 5 A. Laws Regulating Immigrants Outside the Workplace. 6 B. Immigration Law Colors the Agency of Immigrants in the Workplace. 7 1. The Narratives of Immigrant Agency Cast Immigrant... |
2017 |
| Sandra J. Durkin |
The Legal Arizona Workers Act and Preemption Doctrine |
15 Michigan Journal of Race and Law 417 (Spring 2010) |
In recent years, a spate of states passed laws regulating the employment of undocumented immigrants. This Note argues that laws that impose civil sanctions on employers that hire undocumented immigrants are preempted by both federal immigration law and federal labor law. The Note focuses specifically on the Legal Arizona Workers Act because it went... |
2010 |
| James F. Hollifield , Valerie F. Hunt , Daniel J. Tichenor |
The Liberal Paradox: Immigrants, Markets and Rights in the United States |
61 SMU Law Review 67 (Winter 2008) |
With the gradual rollback of the national origins quota system in the 1950s and its eventual repeal in 1965, U.S. immigration policy became increasingly liberal and expansive. This liberalization continued throughout the 1980s and was reinforced by the passage of the Immigration Reform and Control Act of 1986 and the Immigration Act of 1990, both... |
2008 |
| Robert T. Senh |
The Liberty Rights of Resident Aliens: You Can't Always Get What You Want, but If You Try Sometimes, You Might Find, You Get What You Need |
11 Oregon Review of International Law 137 (2009) |
L1-2Introduction . L3138 I. The Unnecessary Doctrine of Plenary Power over Immigration. 141 II. Retooling the Debate. 145 A. Limiting the Definition of Immigration Law. 146 B. The Limits of Legal Citizenship. 147 C. The Personhood and Membership Paradigms. 148 D. Separation and Convergence Models. 150 III. Distributive Principles. 157 A.... |
2009 |
| Frank H. Wu |
The Limits of Borders: a Moderate Proposal for Immigration Reform |
7 Stanford Law and Policy Review 35 (Summer, 1996) |
From Franz Kafka, Before the Law: Before the Law stands a door-keeper. To this doorkeeper there comes a man from the country and prays for admittance to the Law. But the doorkeeper says that he cannot grant admittance at the moment The doorkeeper gives him a stool and lets him sit down at one side of the door. There he sits for days and years.... |
1996 |
| Asli Ü. Bâli |
THE LIMITS OF PRODEMOCRATIC INTERNATIONAL LAW IN EUROPE |
23 Chicago Journal of International Law 45 (Summer, 2022) |
Tom Ginsburg's Democracies and International Law explores the ways in which regional human rights regimes have been designed to promote and protect democracy and the degree of their success in an age of democratic backsliding. In this symposium contribution, I examine the impact of the relationship between the European Union (E.U.) and Turkey on... |
2022 |
| 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 |
| Gerald L. Neuman |
The Lost Century of American Immigration Law (1776-1875) |
93 Columbia Law Review 1833 (December, 1993) |
L1-2Introduction 1833 I. The Need for Investigation. 1835 II. Major Categories of State Immigration Legislation. 1841 A. Crime. 1841 B. Poverty and Disability. 1846 1. Massachusetts. 1848 2. New York. 1852 3. Other States and Federal Responses. 1857 C. Contagious Disease. 1859 D. Race and Slavery. 1865 1. Prohibiting Immigration of Free Blacks to... |
1993 |
| Hardeep Dhillon , American Bar Foundation, Chicago, IL, USA, Email: hdhillon@abfn.org |
THE MAKING OF MODERN US CITIZENSHIP AND ALIENAGE: THE HISTORY OF ASIAN IMMIGRATION, RACIAL CAPITAL, AND US LAW |
41 Law and History Review 1 (February, 2023) |
This article unravels an important historical conjuncture in the making of modern US citizenship and alienage by drawing on the state's regulation of naturalization as it relates to Asian immigration in the early twentieth century. My primary concern is to examine the socio-legal formations that constructed the thick distinctions between the modern... |
2023 |
| Anneke Dunbar-Gronke |
THE MANDATE FOR CRITICAL RACE THEORY IN THIS TIME |
69 UCLA Law Review Discourse 4 (2022) |
A necessary conclusion from Critical Race Theory (CRT) is that Black people cannot look to the law for justice because racism is baked into the law. As a result, the movement for Black liberation cannot rely on the law for just outcomes. This result does not, however, mean that we have to abandon legal interventions altogether. Instead, for those... |
2022 |
| Scott C. Titshaw |
The Meaning of Marriage: Immigration Rules and Their Implications for Same-sex Spouses in a World Without Doma |
16 William and Mary Journal of Women and the Law 537 (Spring, 2010) |
An estimated 35,000 U.S. citizens are living in our country with same-sex foreign partners, but these couples have no right to stay here together on the basis of their relationship. Many of these Americans are faced with a choice between their partners and the country they love. This is true even if the couple is legally married in one of the... |
2010 |
| Eliza Sweren-Becker, Michael Waldman |
THE MEANING, HISTORY, AND IMPORTANCE OF THE ELECTIONS CLAUSE |
96 Washington Law Review 997 (October, 2021) |
Historically, the Supreme Court has offered scant attention to or analysis of the Elections Clause, resulting in similarly limited scholarship on the Clause's original meaning and public understanding over time. The Clause directs states to make regulations for the time, place, and manner of congressional elections, and grants Congress... |
2021 |
| Jennifer M. Chacón |
The Mercer Girls Guide to Immigration |
64 Vanderbilt Law Review En Banc 15 (February 22, 2011) |
I. The Payoffs (and Limitations) of Reconceiving Immigration History. 18 A. Reframing Settlement. 19 B. Reframing Immigration Law. 21 C. Expanding Immigration Law. 22 D. Understanding the Role of Marriage in Immigration History. 25 E. Gender and Family Structure in Immigration Law. 27 II. Conclusion. 28 |
2011 |
| Alesia Ash |
THE MILITARIZATION OF MEXICO'S BORDER AND ITS IMPACTS ON HUMAN RIGHTS |
51 International Journal of Legal Information 58 (Spring, 2023) |
Between 800,000 and one million people are estimated to traverse Mexico from Central America each year, endeavoring to reach the United States. These migrants, asylum seekers, and refugees are forced north for a myriad of deeply personal reasons, but most commonly a combination of rampant crime and violence, economic insecurity, government... |
2023 |
| David E. Bernstein |
THE MODERN AMERICAN LAW OF RACE |
94 Southern California Law Review 171 (January, 2021) |
C1-2TABLE OF CONTENTS INTRODUCTION. 172 I. THE MODERN HISTORY OF FEDERAL RACIAL AND ETHNIC CATEGORIES. 187 A. Pre-1964: Official Minority Categories Emerge. 187 B. The 1964 Civil Rights Act and its Aftermath. 190 C. The Nixon Administration: The Philadelphia Plan, the Small Business Administration, the Interagency Commission, and the Origins of the... |
2021 |
| Aubry Holland |
The Modern Family Unit: Toward a More Inclusive Vision of the Family in Immigration Law |
96 California Law Review 1049 (August, 2008) |
Immigration law's shortcomings in setting family policy are often overlooked, as the modern immigration debate is preoccupied with border control and employment opportunities. As a result, immigration law's narrow vision of the family unit often produces contradictory and counterintuitive results. In the recent case Nguyen v. INS, for example, the... |
2008 |
| Ingrid V. Eagly |
The Movement to Decriminalize Border Crossing |
61 Boston College Law Review 1967 (June, 2020) |
Introduction. 1968 I. Immigration Prosecution in the Trump Era. 1974 A. Executive Orders on Immigration Crime. 1977 B. Zero Tolerance for Illegal Entry. 1982 C. Enhanced Punishment for Illegal Reentry. 1986 II. The Movement to Resist Border Criminalization. 1991 A. Ending the Forced Separation of Families. 1991 B. Protecting the Rights of Asylum... |
2020 |
| Zainab Ramahi |
The Muslim Ban Cases: a Lost Opportunity for the Court and a Lesson for the Future |
108 California Law Review 557 (April, 2020) |
On January 27, 2017, newly inaugurated President Donald Trump signed an Executive Order that banned individuals from certain Muslim-majority countries from entry into the United States. The district and circuit courts' subsequent refusals to sanction the Muslim Bans offered hope to those who recognized the bans as part of a legacy of racist and... |
2020 |
| Engy Abdelkader, Judy Chu, Elica Vafaie, Khaled Beydoun |
The Muslim Ban Revisited: Trump V. Hawaii Two Years Later |
44 Harbinger 248 (5/27/2020) |
From November 2019 to April 2020, the ABA Section of Civil Rights and Social Justice's Rights of Immigrants Committee hosted a six-part webinar series exploring international law, and U.S. Constitutional law. What follows is a transcript from the sixth panel of the series, which took place on April 15, 2020. The transcript has been edited for... |
2020 |
| Beth K. Zilberman |
The Myth of Second Chances: Noncitizen Youth and Confidentiality of Delinquency Records |
31 Georgetown Immigration Law Journal 561 (Spring, 2017) |
L1-2Introduction . L3562 I. Noncitizens in the Delinquency System. 565 A. Racial Bias. 566 B. Immigration Status-Related Barriers to Services and Opportunities. 567 C. Exposure to Trauma. 569 II. Confidentiality in the Juvenile Justice System. 570 A. Foundations of Confidentiality. 571 B. Confidentiality Diluted. 572 C. Confidentiality in the... |
2017 |
| Michael S. Avi-Yonah |
THE NATION-STATE THAT NEVER SETS: HONG KONG, DEGLOBALIZATION, AND THE ENDURANCE OF NATION-STATES IN PROTECTING RIGHTS |
46 Yale Journal of International Law 325 (Summer, 2021) |
Introduction. 325 I. Nationality, the State, and the Individual. 331 II. The Detritus of Empire Reaches Hong Kong. 332 III. Exposing the Gaps: The Failure of Splitting the Difference. 336 A. BN(O) and the Perils of Repatriation. 338 B. Ethnic Minorities Exposing the Gap. 344 IV. Bilateral Relations: A Path Foward. 352 A. The Limits of... |
2021 |
| Carrie L. Rosenbaum |
The Natural Persistence of Racial Disparities in Crime-based Removals |
13 University of Saint Thomas Law Journal 532 (Fall, 2017) |
This Article suggests that the replacement of Secure Communities with the Priority Enforcement Program (PEP) did not, and would not have ameliorated the problem of disparate criminal immigration deportation of Latina/o noncitizens. It explores the implications of de-coupling criminal and immigration enforcement and gives theoretical consideration... |
2017 |
| Rebecca Brown |
THE NEW "SANCTUARY STATE": UNITED STATES v. CALIFORNIA AND LESSONS FOR COMPREHENSIVE IMMIGRATION REFORM |
55 Loyola of Los Angeles Law Review 185 (Winter, 2022) |
The Trump Administration waged war on so-called sanctuary policies. The Administration targeted localities and states that refused to subscribe to the Administration's enforcement goals. The battle was most potent in the fight with California, culminating in the federal case United States v. California over California's recently enacted... |
2022 |
| Michele R. Pistone , Philip G. Schrag |
The New Asylum Rule: Improved but Still Unfair |
16 Georgetown Immigration Law Journal L.J. 1 (Fall, 2001) |
In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which some observers have reasonably characterized as the harshest, most procrustean immigration control measure in [the twentieth] century. Enacted during a brief flood-tide of anti-immigrant sentiment, which receded soon afterward, IIRIRA made... |
2001 |
| Philip G. Schrag, Jaya Ramji-Nogales, Andrew I. Schoenholtz |
THE NEW BORDER ASYLUM ADJUDICATION SYSTEM: SPEED, FAIRNESS, AND THE REPRESENTATION PROBLEM |
66 Howard Law Journal 571 (Spring, 2023) |
In 2022, the Biden administration implemented what the New York Times has described as potentially the most sweeping change to the asylum process in a quarter-century. This new adjudication system creates unrealistically short deadlines for asylum seekers who arrive over the southern border, the vast majority of whom are people of color. Rather... |
2023 |
| Kenji Yoshino |
The New Equal Protection |
124 Harvard Law Review 747 (January, 2011) |
Our nation is increasingly beset with pluralism anxiety. Commentary from both the right and the left has expressed the fear that we are fracturing into fiefs that do not speak with each other. That fear has a basis in fact, as the nation confronts new kinds of people (introduced to the country through immigration) or newly visible people... |
2011 |
| Michael T. Light |
The New Face of Legal Inequality: Noncitizens and the Long-term Trends in Sentencing Disparities Across U.s. District Courts, 1992-2009 |
48 Law and Society Review 447 (June, 2014) |
In the wake of mass immigration from Latin America, legal scholars have shifted focus from racial to ethnic inequality under the law. A series of studies now suggest that Hispanics may be the most disadvantaged group in U.S. courts, yet this body of work has yet to fully engage the role of citizenship status. The present research examines the... |
2014 |
| 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 |
| Barbara A. Arnold |
The New Leviathan: Can the Immigrant Responsibility Act of 1996 Really Transfer Federal Power over Public Benefits to State Governments? |
21 Maryland Journal of International Law and Trade 225 (Fall 1997) |
Americans have mythologized the United States as a nation of immigrants. Nonetheless, waves of nativism have periodically washed over the American ethos. The fundamental tension between these two philosophies has given our nation a sense of irony even in immigration's heyday, the turn of the 20th century. At that time, Emma Lazarus' famous poem,... |
1997 |
| Hiroshi Motomura |
The New Migration Law: Migrants, Refugees, and Citizens in an Anxious Age |
105 Cornell Law Review 457 (January, 2020) |
L1-2Introduction . L3458 I. Immigration, Immigrants, and Civil Rights. 460 A. The Era of Explicit Discrimination. 460 B. America Changes. 463 C. The Rule of Law. 466 D. Borders With Justice, Without Racism. 471 E. The Limits of Civil Rights. 474 II. Migrants and Refugees. 479 A. Refugee Protection. 480 B. Exceptionalism Under Pressure. 483 C.... |
2020 |
| Stephen H. Legomsky |
The New Path of Immigration Law: Asymmetric Incorporation of Criminal Justice Norms |
64 Washington and Lee Law Review 469 (Spring, 2007) |
Starting approximately twenty years ago, and accelerating today, a clear trend has come to define modern immigration law. Sometimes dubbed criminalization, the trend has been to import criminal justice norms into a domain built upon a theory of civil regulation. An embryonic literature chronicles this process well but fails to showcase its... |
2007 |
| Lesley Wexler |
The Non-legal Role of International Human Rights Law in Addressing Immigration |
2007 University of Chicago Legal Forum 359 (2007) |
Current domestic and international law relating to immigration, particularly that favored by countries that draw large number of migrants, tends to favor law enforcement over human rights approaches. The response to September 11th has exacerbated this tendency to promote law enforcement and security paradigms at the expense of human rights... |
2007 |
| Mac LeBuhn |
The Normalization of Immigration Law |
15 Northwestern Journal of Human Rights 91 (Spring, 2017) |
In The Normalization of Foreign Relations Law, Professors Ganesh Sitaraman and Ingrid Wuerth argue that the Supreme Court increasingly treats foreign relations law like other bodies of law--it has normalized this body of once-exceptional law. However, a subset of foreign relations law, immigration law, receives little attention in their... |
2017 |
| Elizabeth McCormick |
The Oklahoma Taxpayer and Citizen Protection Act: Blowing off Steam or Setting Wildfires? |
23 Georgetown Immigration Law Journal 293 (Winter, 2009) |
This article considers Oklahoma's recent experiment in immigration regulation and examines how it is that Oklahoma has found itself on the front lines of the illegal immigration debate. The article begins with a discussion of the rich history of immigration to and immigrants in Oklahoma. It then attempts to unpack the evolution of Oklahoma's... |
2009 |
| Katherine Beckett , Megan Ming Francis |
The Origins of Mass Incarceration: the Racial Politics of Crime and Punishment in the Post-civil Rights Era |
16 Annual Review of Law and Social Science 433 (2020) |
mass incarceration, carceral state, racial politics, punishment This article examines the origins of US mass incarceration. Although it is clear that changes in policy and practice are the proximate drivers of the prison boom, researchers continue to explore--and disagree about--why crime control policy and practice changed in ways that fueled the... |
2020 |
| Rick Su |
The Overlooked Significance of Arizona's New Immigration Law |
108 Michigan Law Review First Impressions 76 (May, 2010) |
Immigration has once again become the subject of widespread interest and public debate. This renewed interest, however, was not the result of Harry Reid's vow that the Senate will tackle comprehensive immigration reform sometime this year. Nor was it prompted by new policy initiatives with respect to immigration enforcement being implemented by the... |
2010 |