| Author | Title | Citation | Summary | Year |
| Carmen Gloria Iguina |
Adapting to 287(g) Enforcement: Rethinking Suppression and Termination Doctrines in Removal Proceedings in Light of State and Local Enforcement of Immigration Law |
86 New York University Law Review 207 (April, 2011) |
Two legal doctrines govern the suppression of evidence and termination of removal proceedings following constitutional or regulatory violations in immigration enforcement. The Lopez-Mendoza doctrine governs suppression of evidence obtained in violation of constitutional rights. The Accardi doctrine governs suppression of evidence and termination of... |
2011 |
| Keith Cunningham-Parmeter |
Alien Language: Immigration Metaphors and the Jurisprudence of Otherness |
79 Fordham Law Review 1545 (March, 2011) |
Metaphors tell the story of immigration law. Throughout its immigration jurisprudence, the U.S. Supreme Court has employed rich metaphoric language to describe immigrants attacking nations and aliens flooding communities. This Article applies research in cognitive linguistics to critically evaluate the metaphoric construction of immigrants in the... |
2011 |
| John Gibeaut |
Alien Resurrection: Justices Open the Door for States to Control Immigration Status |
97-AUG ABA Journal 22 (August, 2011) |
In one respect, the U.S. Supreme Court issued an opinion so narrow it squeaked when it upheld an Arizona state law that can harshly punish employers who hire illegal immigrants. Indeed, Arizona business leaders say they expect little change in their state as a result of the May 26 decision in Chamber of Commerce v. Whiting. But in another respect,... |
2011 |
| Kayleigh Scalzo |
American Idol: the Domestic and International Implications of Preferencing the Highly Educated and Highly Skilled in U.s. Immigration Law |
79 George Washington Law Review 926 (April, 2011) |
Anna and Peter both live in Poland. Anna is a waitress, and none of her family members has ever been to the United States. Peter is a highly acclaimed ballet dancer, having performed with the best companies worldwide. Like Anna, none of his family members has ever been to the United States. Both Anna and Peter would like to immigrate to the United... |
2011 |
| Mary Romero |
Are Your Papers in Order?: Racial Profiling, Vigilantes, and "America's Toughest Sheriff" |
14 Harvard Latino Law Review 337 (Spring 2011) |
Recent anti-immigrant legislation proposed in Arizona suggests strong nativism sentiment demanding more draconian measures against non-citizens residing illegally in the United States, particularly towards immigrants of color. The use of military language in describing immigration raids conducted by homeland security, along with a growing number of... |
2011 |
| India D. Williams |
Arizona Senate Bill 1070: State Sanctioned Racial Profiling? |
36 Journal of the Legal Profession 269 (Fall, 2011) |
On April 23, 2010, Arizona enacted Senate Bill 1070, which is designed to deter the entry and presence of aliens who lack lawful status under federal immigration law. The measure requires state and local law enforcement officials to undertake the detection of unauthorized aliens in their daily enforcement activities. The enactment of Arizona Senate... |
2011 |
| Nick Petree |
Born in the Usa: an All-american View of Birthright Citizenship and International Human Rights |
34 Houston Journal of International Law 147 (Fall 2011) |
I. INTRODUCTION. 148 II. IMMIGRATION AND CITIZENSHIP IN THE UNITED STATES. 151 A. History of Immigration. 151 B. Citizenship. 153 III. THE HISTORY AND RIGHTS UNDERLYING THE FOURTEENTH AMENDMENT. 159 A. Debate Over the Meaning. 159 B. The Historical Context of the Fourteenth Amendment. 163 C. Conflict Between the Purpose of the Fourteenth Amendment... |
2011 |
| Benny Agosto, Jr. , Lupe Salinas , Eloisa Morales Arteaga |
But Your Honor, He's an Illegal!--ruled Inadmissible and Prejudicial |
17 Texas Hispanic Journal of Law and Policy 27 (Spring, 2011) |
C1-3Summary I. Introduction. 29 II. The Development of the American Immigrant Population. 30 III. The Treatment of Undocumented Aliens and Others in Criminal Cases. 34 A. Rule 403 Unfair Prejudice Standards. 34 B. Presentation of Unfairly Prejudicial Testimony in Criminal Cases. 35 1. Old Chief v. United States. 35 2. The State of Texas v. Ricardo... |
2011 |
| Matthew C. Arentsen |
Chamber of Commerce V. Edmondson: Employment Authorization Laws, States' Rights, and Federal Preemption--an Informed Approach |
88 Denver University Law Review 375 (Spring, 2011) |
Few issues are as divisive in American politics as illegal immigration. The Republican and Democratic parties are engaged in a virtual stalemate on the issue, and many would argue that the federal government's comprehensive overhaul of immigration law--the Immigration Reform and Control Act of 1986 (IRCA)--has been largely ineffective at stemming... |
2011 |
| Guillermo M. Hernández, III |
Closing the Courthouse Doors: the Implications of the Discovery of Immigration Related Facts and the Effects of § 30.014 of the Texas Civil Practice & Remedies Code |
13 Scholar: St. Mary's Law Review on Minority Issues 673 (Spring 2011) |
I. Introduction. 674 II. Discovery of Immigration Related Facts in Civil Litigation. 679 A. Discovery Procedures. 679 B. The Types of Claims Discovery of Immigration Related Facts Effect. 680 1. Labor and Employment Claims. 680 2. Violence, Abuse, Sexual Harassment, and Trafficking Laws. 683 C. State of Law Regarding the Discoverability of... |
2011 |
| Susan K. Serrano |
Collective Memory and the Persistence of Injustice: from Hawai'i's Plantations to Congress--puerto Ricans' Claims to Membership in the Polity |
20 Southern California Review of Law & Social Justice 353 (Summer 2011) |
At the dawn of the twentieth century--after the United States' successful takeover of Puerto Rico, Hawaii, the Philippines, and Guam--burgeoning American agribusiness sought to control immigrant workers from around the world. In particular, it targeted recalcitrant Puerto Ricans organizing mass resistance to oppressive working and living... |
2011 |
| Glenys P. Spence |
Colonial Relics: Unearthing the Lingering Tyranny of Colonial Discourse in U.s.-caribbean Immigration Law and Policy |
26 Journal of Civil Rights & Economic Development 127 (Fall 2011) |
Immigration law is constantly evolving. It is one of the most dynamic and multi-faceted areas of law. Specifically, in the space of asylum and refugee law, practitioners, immigration judges and our appellate courts face a daunting task of reconciling the law with the plethora of human misery that flock to our shores. The laws are plagued with... |
2011 |
| John D. Skrentny, Micah Gell-Redman |
Comprehensive Immigration Reform and the Dynamics of Statutory Entrenchment |
120 Yale Law Journal Online 325 (March 18, 2011) |
In his 2008 campaign, then-Democratic presidential candidate Barack Obama promised comprehensive immigration reform. Two years into his Administration, and despite continued efforts to promote reform, there has not even been a vote in Congress on a comprehensive bill. President Obama's predecessor, Republican George W. Bush, also promised... |
2011 |
| Roy G. Spece, Jr. |
Constitutional Attacks Against the Patient Protection and Affordable Care Act's "Mandating" That Certain Individuals and Employers Purchase Insurance While Restricting Purchase by Undocumented Immigrants and Women Seeking Abortion Coverage |
38 Northern Kentucky Law Review 489 (2011) |
I. Introduction: Four Contexts for Constitutional Analysis 490 II. Certain Historical Events, Situations and Processes that Preceded the PPACA 499 III. A Brief Description of Parts of the PPACA 508 A. Assumptions for Purposes of Analysis 508 B. A Global Overview 508 C. Additional Info about the PPACA Provisions Most Relevant Here 513 1. Exchanges... |
2011 |
| Britta S. Loftus |
Coordinating U.s. Law on Immigration and Human Trafficking: Lifting the Lamp to Victims |
43 Columbia Human Rights Law Review 143 (Fall, 2011) |
Keep, ancient lands, your storied pomp! cries she With silent lips. 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! There can be no doubt that the image of a stoic Lady Liberty welcoming... |
2011 |
| Juliet P. Stumpf |
Designing Populations: Lessons in Power and Population Production from Nineteenth-century Immigration Law |
64 Vanderbilt Law Review En Banc 29 (February 22, 2011) |
I. Integration and the Production of Culture. 31 A. Ingredients of Exclusion. 32 B. Ingredients of Inclusion. 33 C. Modern Integration and Change. 35 II. Who Decides?. 37 A. Federal, State, Local, and Private Decisionmakers. 38 B. Who Integrates. 41 Conclusion. 42 |
2011 |
| Natasha Lycia Ora Bannan |
Domestic Workers and Their Right to Be Heard: Residential Picketing Makes Visible the Invisible |
4 the crit: a Critical Studies Journal 112 (Spring, 2011) |
C1-3TABLE OF CONTENTS I. Introduction 112 II. Who Are Domestic Workers? 113 A. Domestic Work is Women's Work 113 B. Domestic Workers - The Unnoticed Work of Immigrant Women of Color 117 C. The Need and Challenges for Organizing Workers 121 III. The Right to Picket vs. Right of Privacy 123 A. The Right to Privacy: Time, Place and Manner Restrictions... |
2011 |
| Roger Clegg |
E Pluribus Unum Forgotten: Five Immigration Policy Mistakes Some Conservatives Make |
23 Regent University Law Review 345 (2010-2011) |
This Article discusses five mistakes that some conservatives are currently making with respect to immigration policy. The following are the five mistakes: 1. Neglecting the importance of assimilation in the public debate about immigration, 2. Opposing birthright citizenship, 3. Supporting racial profiling, 4. Supporting state and local (versus... |
2011 |
| Jamie Longazel , Benjamin Fleury-Steiner |
Exploiting Borders: the Political Economy of Local Backlash Against Undocumented Immigrants |
30 Chicana/o-Latina/o Law Review 43 (2011) |
Once they cross the border . . . They come into cities such as Hazleton. It's like a cancer. - Hazleton Mayor Louis J. Barletta, May 2006 The system is broken, the border is broken. We all know what we need . . . People in Arizona have made it very, very clear. Let's talk about the problem that is at hand. Let's secure the border. - Arizona... |
2011 |
| Lindsay Nash |
Expression by Ordinance: Preemption and Proxy in Local Legislation |
25 Georgetown Immigration Law Journal 243 (Winter, 2011) |
Local laws based on immigration status have prompted heated national debate on federalism and discrimination. A second strain of nuisance-related legislation has emerged in recent years, which often targets these same immigrant communities. This article examines the hitherto-understudied correlation between ordinances explicitly related to... |
2011 |
| Keith Cunningham-Parmeter |
Forced Federalism: States as Laboratories of Immigration Reform |
62 Hastings Law Journal 1673 (July, 2011) |
Ever since Justice Louis Brandeis characterized states as laboratories of democracy, judges and scholars have championed the ability of states to offer a diverse array of solutions to complex national problems. Today, proponents of enhanced immigration restrictions apply the same rationale to state immigration laws. This Article challenges the... |
2011 |
| Mary Bosworth , Emma Kaufman |
Foreigners in a Carceral Age: Immigration and Imprisonment in the United States |
22 Stanford Law and Policy Review 429 (2011) |
' More than a decade ago, Jonathan Simon warned of an expanding interest in locking up refugees. According to Simon, asylum seekers were to provide a new population for mass incarceration. The border was to become the new criminal justice frontier. In 2010, Simon's view appears to have been borne out, though perhaps not entirely as he predicted.... |
2011 |
| Dana Gayeski |
Give Me Your Tired, Your Poor, Your Legal: Why Efforts to Repeal Birthright Citizenship Are Unconstitutional and Un-american |
21 Temple Political & Civil Rights Law Review 215 (Fall 2011) |
In April 2010, Arizona signed into law the toughest immigration enforcement legislation in the nation, recharging the national debate over illegal immigration and pushing it to the forefront of American politics. Though the most controversial provisions of the Arizona law, Senate Bill 1070 (SB1070), were enjoined by the federal government, Arizona... |
2011 |
| Jennifer L. Gregorin |
Hidden Beneath the Waves of Immigration Debate: San Francisco's Sanctuary Ordinance |
6 Liberty University Law Review 175 (Fall, 2011) |
The summer of 2010 represented a tumultuous time of debate and uncertainty in America's immigration law as the Nation's attention was captivated by the fate of Arizona's controversial immigration law. On July 28, 2010, after filing suit against the State of Arizona because the State's immigration law was allegedly unconstitutional and preempted by... |
2011 |
| Shadi Masri, Executive Editor |
Ice's Initiation of Secure Communities Program Draws More Criticism than Praise |
25 Georgetown Immigration Law Journal 533 (Winter, 2011) |
Since its creation in 2003, the U.S. Immigration and Customs Enforcement (ICE) has become one of the largest investigative arms of the Department of Homeland Security (DHS) and made considerable progress in identifying and removing criminal aliens through its Criminal Alien Program (CAP). However, a fundamental change in its approach was necessary... |
2011 |
| Gabriel J. Chin |
Illegal Entry as Crime, Deportation as Punishment: Immigration Status and the Criminal Process |
58 UCLA Law Review 1417 (August, 2011) |
In Padilla v. Kentucky, the U.S. Supreme Court held that the Sixth Amendment required counsel to advise clients pleading guilty that conviction might result in deportation. The Court rested its decision on the idea that this information was important to the client's decisionmaking process. However, the Court did not explore a stronger reason for... |
2011 |
| Nicole A. Blair |
Illegal Immigration Overstays its Welcome: How the Criminalization of Unlawful Presence in America Would Help Relieve Inadequacies in Federal Immigration Law |
10 Ave Maria Law Review 203 (Fall 2011) |
Illegal immigration is a large problem in the United States today and is only expected to get worse. The estimated total number of illegal immigrants present in the United States in 2010 was 10.8 million. The Census Bureau predicts that the nation's population will rise to more than 400 million people by the year 2050, with seventy percent of this... |
2011 |
| Kimberly R. Hamilton |
Immigrant Detention Centers in the United States and International Human Rights Law |
21 Berkeley La Raza Law Journal 93 (2011) |
The immigrant detention system in the United States is plagued with problems due to the large number of immigrants and the lack of facility space to house immigrants in detention. The use of immigrant detention centers in the United States has expanded significantly in the past decade. Part of the effort to meet increased demands for immigrant... |
2011 |
| Victor C. Romero |
Immigrant Education and the Promise of Integrative Egalitarianism |
2011 Michigan State Law Review 275 (2011) |
I. Martinez in Context: Keeping the DREAM Alive for All Americans. 275 II. From Brown to Parents Involved: Rejecting Antisubordination, Embracing Colorblind Constitutionalism. 282 A. Desegregation and Massive Resistance. 282 B. The Advent of Colorblind Constitutionalism. 285 1. The Rise and Decline of Affirmative Action. 285 2. The Role of Poverty... |
2011 |
| David W. Austin, Qiang Bjornbak, Josh D. Friedman |
Immigration and Naturalization Law |
45 International Lawyer 329 (Spring, 2011) |
One of the top ten domestic news stories of 2010 was Arizona's attempts to deal with immigration and lawsuits that followed the passage of S.B. 1070. Although S.B. 1070 is a local measure, it epitomized the tension that underlies local attempts to enforce and influence federal immigration policy. The conflict between state and national approaches... |
2011 |
| Theresa Alfaro-Velcamp, Robert H. McLaughlin |
Immigration and Techniques of Governance in Mexico and the United States: Recalibrating National Narratives Through Comparative Immigration Histories |
29 Law and History Review 573 (May, 2011) |
There is need of a broader treatment of American history, to supplement the purely nationalistic presentation to which we are accustomed. Immigration histories typically endeavor to describe and hold a nation-state accountable not only for the laws and policies by which it admits some immigrants, but also for those by which it refuses, excludes, or... |
2011 |
| María Pabón López , Roxana A. Davis |
Immigration Law Spanish-style Ii: Spain's Voluntary Immigrant Return Plan and the New Push for Circular Migration |
25 Temple International and Comparative Law Journal 79 (Spring 2011) |
I. Introduction. 80 II. Overview of Spain's Immigration Law and its Latest Reform. 82 III. Spain's Economic Crisis and its Impact on Immigrants. 85 A. The Spanish Economy and the Global Crisis. 85 B. The Impact of the Crisis on Immigrants. 86 1. Unemployment. 86 2. Poverty. 87 3. Increased Reliance on the Informal Economy. 88 4. Greater... |
2011 |
| Bettina Rodriguez Schlegel |
Immigration, Crime, and Public Perception: Victimization Legislation in the United States and Canada -- Can the U Visa Serve as a Model? |
34 Hastings International and Comparative Law Review 203 (Winter 2011) |
The North American giants, Canada and the United States, are recognized as major immigrant-receiving nations; both have been historically reliant on the influxes of immigrant groups over time to provide sources of labor and population boosts to the rapidly developing nations. Both states have crafted immigration policies in line with their economic... |
2011 |
| Fatma E. Marouf |
Implicit Bias and Immigration Courts |
45 New England Law Review 417 (Spring 2011) |
This Article highlights the importance of implicit bias in immigration adjudication. After tracing the evolution of prejudice in our immigration laws from explicit old-fashioned prejudice to more subtle forms of modern and aversive prejudice, the Article argues that the specific conditions under which immigration judges decide cases render... |
2011 |
| Jordan E. Dollar , Allison D. Kent |
In Times of Famine, Sweet Potatoes Have No Skin: a Historical Overview and Discussion of Post-earthquake U.s. Immigration Policy Towards the Haitian People |
6 Intercultural Human Rights Law Review 87 (2011) |
In every other country on the globe a citizen of Haiti is sure of civil treatment. In every other nation his manhood is recognized and respected. Wherever any man can go, he can go. He is not repulsed, excluded, or insulted because of his color. All places of amusement and instruction are open to him. Vastly different is the case with him when he... |
2011 |
| Rachel R. Ray |
Insecure Communities: Examining Local Government Participation in Us Immigration and Customs Enforcement's "Secure Communities" Program |
10 Seattle Journal for Social Justice 327 (Fall/Winter 2011) |
In the last several years, suffering global economies, war, ethnic and racial tensions, natural disasters, and other exigencies have led to a steady stream of immigrants to the United States. They seek jobs, refuge, asylum, and better opportunities. In fiscal year 2010, the United States Immigration and Customs Enforcement (ICE) removed a... |
2011 |
| Kathleen Kim |
Introduction: Perspectives on Immigration Reform |
44 Loyola of Los Angeles Law Review 1323 (Summer 2011) |
The United States is home to almost 40 million immigrants, representing more than 20 percent of the world's entire migrant population. Economic opportunity, religious freedom, and civil and political rights have attracted foreign nationals to the United States for decades. Our country has benefited from this long history of immigration, which has... |
2011 |
| Maria del Pilar Castillo |
Issues of Family Separation: an Argument for Moving Away from Enforcement-only Solutions to Our Immigration "Problem" |
25 Temple International and Comparative Law Journal 179 (Spring 2011) |
Please do not deport my parents because you will also deport a girl who only has a year left of high school and a dream to become something more than the daughter of illegal immigrants. What happens to the hope of a single child--anywhere--can enrich our world, or impoverish it. In October 2005, Ruby Arcos, a United States citizen and daughter of... |
2011 |
| Leila Kawar |
Legal Mobilization on the Terrain of the State: Creating a Field of Immigrant Rights Lawyering in France and the United States |
36 Law and Social Inquiry 354 (Spring, 2011) |
Scholarship on law and social movements has focused attention primarily on the United States, and secondarily on countries that share the Anglo-American legal tradition. The politics of law and social movements in other national legal contexts remains under examined. The analysis in this article contrasts legal mobilizations for immigrant rights in... |
2011 |
| Cara Tonucci |
Legalizing the Immigration Posse |
68 National Lawyers Guild Review Rev. 1 (Spring, 2011) |
The devolution of immigration enforcement is threatening to undermine the Fourth Amendment protections that protect all individuals from government intrusion and the trust that communities invest in local law enforcement--the very trust that provides the local law enforcement legitimacy. Section 287(g) of the United States Code authorizes the... |
2011 |
| Ingrid V. Eagly |
Local Immigration Prosecution: a Study of Arizona Before Sb 1070 |
58 UCLA Law Review 1749 (August, 2011) |
Arizona's Senate Bill 1070 has focused attention on whether federal law preempts the prosecution of state immigration crime in local criminal courts. Absent from the current discussion, however, is an appreciation of how Arizona's existing body of criminal immigration law--passed well before SB 1070 and currently in force in the state--functions on... |
2011 |
| Scott C. Murray |
Most RelevantHoffman, its Progeny, and the Status of Undocumented Workers |
11 Wyoming Law Review 615 (2011) |
I. Introduction. 615 II. Background. 618 A. Labor and Employment Law. 619 B. Cases Leading to Hoffman. 621 C. Immigration Law. 625 D. The NLRA Still Applies to Undocumented Workers. 626 E. Status-Based Assignment of Rights. 627 III. Analysis. 629 IV. Conclusion. 638 |
2011 |
| Ryan Terrance Chin |
Moving Toward Subfederal Involvement in Federal Immigration Law |
58 UCLA Law Review 1859 (August, 2011) |
In Chamber of Commerce v. Whiting, the U.S. Supreme Court decided that state governments could mandate compulsory enrollment in the otherwise voluntary federal E-Verify program. Though it deals primarily with employment of unauthorized workers, this case raises broader questions of the role of federalism in the current immigration regime. State and... |
2011 |
| Peter Margulies |
Noncitizens' Remedies Lost?: Accountability for Overreaching in Immigration Enforcement |
6 FIU Law Review 319 (Spring, 2011) |
Remedies for government overreaching in immigration cases have always embodied a dilemma. On the one hand, the government sometimes acts excessively, failing to provide allegedly removable noncitizens with appropriate process, using excessive force in arrests, or detaining noncitizens too long or under poor conditions. On the other hand,... |
2011 |
| |
Panel Discussion and Commentary |
23 Regent University Law Review 379 (2010-2011) |
Mr. Ho: We are going to open up the discussion for questions from the floor. Audience Question 1: What I want to know from Ms. Stock and Professor Kobach is what other types of state laws would be constitutional, in either of your views, in this area either to encourage entrepreneurs or highly skilled immigrants to jumpstart the economy? Are there... |
2011 |
| Yolanda Vázquez |
Perpetuating the Marginalization of Latinos: a Collateral Consequence of the Incorporation of Immigration Law into the Criminal Justice System |
54 Howard Law Journal 639 (Spring 2011) |
ABSTRACT. 640 INTRODUCTION. 641 I. HISTORY OF THE EXCLUSION OF LATINOS IN THE UNITED STATES. 645 A. Denial of the Full Benefits of Citizenship. 646 B. Denial of Entry into the United States as a Legal Immigrant. 648 C. Lynching. 649 D. The Bisbee Deportation of 1917. 650 E. Mexican Repatriation. 651 F. Operation Wetback. 652 G. Chandler Roundup.... |
2011 |
| David A. Selden , Julie A. Pace , Heidi Nunn-Gilman |
Placing S.b. 1070 and Racial Profiling into Context, and What S.b. 1070 Reveals about the Legislative Process in Arizona |
43 Arizona State Law Journal 523 (Summer 2011) |
S.B. 1070 is fascinating on many levels for many reasons. It has focused a national and international spotlight on Arizona. It has broadened and intensified the national debate regarding immigration policies and enforcement. It has tested the constitutionality of state and local enforcement of immigration laws. It has permeated and looms large over... |
2011 |
| Michael A. Olivas , Kristi L. Bowman |
Plyler's Legacy: Immigration and Higher Education in the 21st Century |
2011 Michigan State Law Review 261 (2011) |
In the Spring of 2008, U.S. voters watched with fascination as the Republican candidates for their party's Presidential nomination argued over immigration policy, focusing especially on a topic that few had been involved in for many yearswhether or not the undocumented should be allowed to attend college and receive resident tuition. Of course,... |
2011 |
| Rick Su |
Police Discretion and Local Immigration Policymaking |
79 UMKC Law Review 901 (Summer, 2011) |
Imagine a local police department confronted with the issue of immigration. With a growing immigrant population in the community and increasing federal emphasis on local involvement in immigration enforcement, the police chief realizes that it is no longer possible to ignore the immigration consequences of even the most ordinary of police activity.... |
2011 |
| Jordan Jodré |
Preemptive Strike: the Battle for Control over Immigration Policy |
25 Georgetown Immigration Law Journal 551 (Spring, 2011) |
From its inception, the United States has had a difficult and dichotomous relationship with immigration. Today, parties on all sides of the immigration debate battle one another to a stalemate during every election cycle. The resulting perpetual inaction of the federal government has led numerous state governments to enact legislation intended to... |
2011 |