AuthorTitleCitationSummaryYear
Michael A. Scaperlanda The Paradox of a Title: Discrimination Within the Anti-discrimination Provisions of the Immigration Reform and Control Act of 1986 1988 Wisconsin Law Review 1043 (1988) After several years of intense national debate and controversy, Congress enacted the Immigration Reform and Control Act of 1986 (IRCA). The enactment of IRCA resulted in sweeping reform in United States immigration law. Much of the debate over the passage of the Act centered around IRCA's two major provisions: employer sanctions for hiring an alien... 1988
Sophia DenUyl THE PARTICULAR HARMS OF THE "GOOD IMMIGRANT" versus "BAD IMMIGRANT" CONSTRUCTION ON BLACK IMMIGRANTS IN THE UNITED STATES 36 Georgetown Immigration Law Journal 755 (Winter, 2022) In the fall of 2021, video and images surfaced of Border Patrol agents on horseback corralling and whipping Haitian migrants with their reins along the U.S.-Mexico border in Del Rio, Texas. These migrants were being rounded up for deportation under Title 42, a Trump-era provision invoked during the COVID-19 pandemic under the guise of public... 2022
Paul Brickner The Passenger Cases (1849): Justice John Mclean's "Cherished Policy" as the First of Three Phases of American Immigration Law 10 Southwestern Journal of Law and Trade in the Americas 63 (2003-2004) I. Introduction. 64 II. Phase I: The Cherished Policy of Encouraging Foreign Migration. 66 A. Justice John McLean's Cherished Policy and The Passenger Cases. 66 B. Another Voice Supportive of Unrestricted Immigration, J. Prescott Hall, Esq.. 70 C. Chief Justice Roger B. Taney's Dissent: Benefits and Pitfalls of Immigration. 71 D. Justice Daniel... 2004
Chaz Rotenberg The Path less Traveled: Afrocentric Schools and Their Potential for Improving Black Student Achievement While Upholding Brown 47 Fordham Urban Law Journal 1173 (June, 2020) Introduction. 1174 I. A History of the Afrocentric School Movement. 1178 A. The Rise, Fall, and Reemergence of Afrocentric Schools Nationwide. 1178 i. Other Centric Schools. 1181 ii. Education Inequality in the United States. 1182 B. Afrocentric Schools in New York City. 1184 i. Rampant Inequality and Segregation in New York City Schools. 1184... 2020
J. Mauricio Gaona THE PERCEPTIONAL GAP: RETHINKING 'THE MIGRANT THREAT' 25 NYU Journal of Legislation and Public Policy 103 (2022-2023) Modern policies on refugee protection increasingly derive from a defining conceptualization: the migrant threat. This conceptualization ensues from a perceptional gap that portrays certain migrants as undesirable for developed host countries. This gap is built on natural and unnatural distortions of reality leading to patterns of distrust,... 2023
Matthew J. Lindsay The Perpetual "Invasion": past as Prologue in Constitutional Immigration Law 23 Roger Williams University Law Review 369 (Spring, 2018) Donald Trump ascended to the presidency largely on the promise to protect the American people--their physical and financial security, their culture and language, even the integrity of their electoral system--against an invading foreign menace. Only extraordinary defensive measures, including extreme vetting of would-be immigrants, a ban on... 2018
César Cuauhtémoc García Hernández The Perverse Logic of Immigration Detention: Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness 1 Columbia Journal of Race and Law 353 (July, 2012) Karl Marx and Friedrich Engels close the first part of the Communist Manifesto by writing, What the bourgeoisie, therefore, produces, above all, is its own grave-diggers. Its fall and the victory of the proletariat are equally inevitable. More than a century and a half after Marx and Engels first published that hope, the modern proletariat... 2012
Kathryn Lohmeyer The Pitfalls of Plenary Power: a Call for Meaningful Review of Nseers "Special Registration" 25 Whittier Law Review 139 (Fall 2003) The benefit of having an agency that fights terrorism control immigration over Attorney General Ashcroft's Department of Justice is, I assume, as obscure to others as it is to me. On September 11, 2001, terrorist attacks on New York City and Washington, D.C. held our nation transfixed in fear. We quickly learned that the terrorists had been... 2003
F.H. Buckley The Place of Empirical Studies 95 Notre Dame Law Review 1491 (March, 2020) There is a moment in my favorite film, Jules et Jim, when Jim explains why he became a journalist: Prof Albert Sorel taught me the little I know. What do you want to be, he asked. A diplomat. Are you rich? No. Can you through legitimate means add a famous name to your own name? No. Then renounce diplomacy. But what'll I become? Curious.... 2020
Robert L. Tsai THE PLACE OF THE PRESIDENCY IN HISTORICAL TIME 101 Boston University Law Review 1831 (October, 2021) This Essay arises from a symposium based on Jack Balkin's book, The Cycles of Constitutional Time, which argues that America's constitutional development is marked by patterns of decline and renewal. I contend that the presidency today has become endowed with outsized expectations borne of popular frustrations with a centuries-old document that is... 2021
María Pabón López The Place of the Undocumented Worker in the United States Legal System after Hoffman Plastic Compounds: an Assessment and Comparison with Argentina's Legal System 15 Indiana International & Comparative Law Review 301 (2005) The undocumented worker's place in the U.S. legal system has been described as deeply ambivalent. A leading immigration scholar coined this intriguing description more than fifteen years ago, shortly after the passage of the statute that outlawed the hiring of undocumented workers in the United States: the Immigration Reform and Control Act... 2005
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
Kif Augustine-Adams The Plenary Power Doctrine after September 11 38 U.C. Davis Law Review 701 (March, 2005) Introduction. 702 I. The Constitution as a Source of Immigration Rights. 705 A. Difficulties. 705 B. Identification of Constitutional Rights. 706 1. Family Unity. 706 2. Racial Equality. 711 C. Application of Constitutional Rights to Noncitizens in Immigration Law. 712 1. Extra-Constitutional Arguments. 712 a. Sovereignty. 712 b. Normative... 2005
Daanika Gordon The Police as Place-consolidators: the Organizational Amplification of Urban Inequality 45 Law and Social Inquiry Inquiry 1 (February, 2020) Efforts to understand racial inequality in policing often focus on the micro-level, examining the situational dynamics of police-citizen encounters. This Article explores racial inequality in policing from another angle: it asks how the police organization responds to and further constructs the surrounding urban environment. I examine a police... 2020
Kristalee Guerra The Policy and Politics of Illegal Immigrant Health Care in Texas 3 Houston Journal of Health Law & Policy 113 (Fall 2002) This comment will focus on the July 2001 Texas Attorney General advisory decision that barred Texas county hospital districts from providing preventive health services to undocumented immigrants. Although illegal immigrants can still receive medical care for emergency conditions, immunizations, and communicable diseases, the Attorney General's... 2002
Ming Hsu Chen THE POLITICAL (MIS)REPRESENTATION OF IMMIGRANTS IN THE CENSUS 96 New York University Law Review 901 (October, 2021) Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This article describes several barriers facing immigrants that impede their political belonging. It critiques these barriers not on the basis of immigrants' rights but based on their rights as current and future... 2021
Ming H. Chen , Hunter Knapp THE POLITICAL (MIS)REPRESENTATION OF IMMIGRANTS IN VOTING 92 University of Colorado Law Review 715 (Summer, 2021) Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing immigrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immigrants and foreign-born voters having rights of... 2021
Ciara Torres-Spelliscy THE POLITICAL BRANDING OF US AND THEM: THE BRANDING OF ASIAN IMMIGRANTS IN THE DEMOCRATIC AND REPUBLICAN PARTY PLATFORMS AND SUPREME COURT OPINIONS 1876-1924 96 New York University Law Review 1214 (October, 2021) In this piece, I examine the political branding of Asian immigrants by comparing the rhetoric used in the political platforms of the Democratic and Republican parties from 1876 to 1924 to the language deployed in U.S. Supreme Court opinions during the same time period. The negative verbiage repeated at national political conventions branded the... 2021
Bryn Siegel The Political Discourse of Amnesty in Immigration Policy 41 Akron Law Review 291 (2008) [S]hall we refuse to the unhappy fugitives from distress that hospitality which the savages of the wilderness extended to our fathers arriving in this land? Shall oppressed humanity find no asylum on this globe? Eduardo Sandoval has lived in the United States without legal status for nearly twenty years. He now has a wife and three children who are... 2008
Mariano-Florentino Cuéllar The Political Economies of Immigration Law 2 UC Irvine Law Review Rev. 1 (February, 2012) A largely dysfunctional American immigration system is only poorly explained by simple depictions of the political economy of lawmaking on this issue, blaming factors such as deliberate economic policy choices, longstanding public attitudes, explicit presidential decisions, or general gridlock. Instead, the structure of immigration law emerges from... 2012
Karen Engle The Political Economy of State and Local Immigration Regulation: Comments on Olivas and Hollifield, Hunt & Tichenor 61 SMU Law Review 159 (Winter 2008) ON September 26, 2007, the New York Times reported that Riverside, New Jersey had rescinded its year-old ordinance penalizing anyone who employed or rented to an undocumented immigrant. The ordinance had apparently been too successful in its attempt to decrease the number of undocumented residents, with consequences few of its supporters had... 2008
Michael A. Olivas The Political Economy of the Dream Act and the Legislative Process: a Case Study of Comprehensive Immigration Reform 55 Wayne Law Review 1757 (Winter, 2009) I. The DREAM Act. 1759 A. Litigation, Legal Developments. 1759 B. State Legislative Developments: New State Legislation Introduced, Passed and Defeated. 1769 II. The DREAM Act in Congress and Federal Developments. 1785 III. The Politics of Immigration Reform. 1789 IV. Conclusion. 1802 Many developments have kept the Development, Relief, and... 2009
Michael A. Olivas The Political Efficacy of Plyler V. Doe: the Danger and the Discourse 45 U.C. Davis Law Review Rev. 1 (November, 2011) Stinky is one ugly robot, a raggedy contraption constructed of crudely painted, cheap plastic pipes pasted together with gobs of the foul-smelling glue that gave the monstrosity its name. Stinky's creators didn't look all that impressive, either--four teenage guys in baggy pants and sneakers, all of them illegal Mexican immigrants attending Carl... 2011
Edward J.W. Park The Political Formation of Korean Americans, 1992-2019: from Ethnic Politics to Managing Transnational Lives - an Interview with Professor Edward Park 27 Asian American Law Journal 19 (2020) Editorial Disclaimer: The interview transcript below is based upon, but does not exactly reflect, an interview of the author. All editorial changes have been reviewed and approved by the author. Introduction. 19 Interview Transcript. 22 Personal History. 22 The Demographics of Los Angeles. 23 Korean Americans, African Americans, and Latinos. 24 The... 2020
Sarah Rogerson The Politics of Fear: Unaccompanied Immigrant Children and the Case of the Southern Border 61 Villanova Law Review 843 (2016) No society, no state can successfully assume the tremendous responsibility of fostering thousands of motherless, embittered, persecuted children of undesirable foreigners and expect to convert these embattled souls into loyal, loving American citizens .. These children are seasoned veterans of a revolution of hate, are fertile fields for anarchy,... 2016
Deborah M. Weissman , Jacqueline Hagan , Ricardo Martinez Schuldt , Alyssa Peavey The Politics of Immigrant Rights: Between Political Geography and Transnational Interventions 2018 Michigan State Law Review 117 (2018) Introduction. 118 I. Exacerbating Obstacles or Enhancing Opportunities: Devolution and Locality. 124 A. Devolution and Its Forms. 125 1. Federal Laws Authorizing Local Immigration Enforcement. 126 2. State Papers, Please Statutes. 129 3. Alienage Laws. 131 4. Political Geography Matters. 132 II. The Mexican Consular Network and the Department of... 2018
Stephen E. Schelle The Politics of Western Immigration 3 Indiana Journal of Global Legal Studies 277 (Fall, 1995) Not surprisingly, immigration remains a central issue in politics around the world, particularly in western developed countries. While most societies embrace immigrants and the benefits that a healthy immigration policy can yield, the politics of fear, hatred, and racism inevitably enter into the picture. Immigrant groups often find themselves... 1995
Laura Donohue The Potential for a Rise in Wrongful Removals and Detention under the United States Immigration and Customs Enforcement's Secure Communities Strategy 38 New England Journal on Criminal and Civil Confinement 125 (Winter 2012) The terrorist attacks of September 11, 2001 not only brought down New York City's Twin Towers, but spurred a major reorganization of the federal government's approach to immigration enforcement. In 2002, Congress passed the Homeland Security Act (HSA) creating the Department of Homeland Security (DHS), abolishing the Immigration and Naturalization... 2012
Virginia Sapiro The Power and Fragility of Social Movement Coalitions: the Woman Suffrage Movement to 1870 100 Boston University Law Review 1557 (October, 2020) C1-2Contents Introduction. 1558 I. Social Movement Theory and Research. 1560 II. The Nineteenth-Century Context for Movements for Enfranchisement. 1565 A. Federalism. 1566 B. The History of Enfranchisement. 1568 C. Women's Rights and Women's Status in the Nineteenth Century. 1570 D. The Ambiguous Language of Gender and Race Inclusion and Exclusion.... 2020
Jay T. Jorgensen The Practical Power of State and Local Governments to Enforce Federal Immigration Laws 1997 Brigham Young University Law Review 899 (1997) In recent years, political debate over illegal immigration has taken on a decidedly local flavor. State and local governments increasingly complain that the federally controlled immigration system is failing and that the burdens created by that failure are borne at the local level. Rather than accepting those burdens, state and local governments... 1997
Lori A. Nessel The Practice of Medical Repatriation: the Privatization of Immigration Enforcement and Denial of Human Rights 55 Wayne Law Review 1725 (Winter, 2009) I. The Mixed Messages Sent by the Jimenez Ruling. 1730 II. Informed Consent and Voluntary Repatriations. 1733 III. Can State Courts Order Repatriations When Patients Will Not Consent?. 1742 IV. Should Hospitals Report Undocumented Status to DHS?. 1745 V. Human Rights Norms Prohibit Forced or Coerced Medical Repatriations. 1749 VI. Need for... 2009
Jesus A. Osete The Praetorians: an Analysis of U.s. Border Patrol Checkpoints Following Martinez-fuerte 93 Washington University Law Review 803 (2016) Suppose José needs a gallon of milk from the grocery store. He puts on his shoes and grabs his car keys and his wallet. The grocery store is located outside of town. José is aware of the inevitable: he'll have to cross an immigration checkpoint located halfway between his house and the grocery store. Upon arriving at the checkpoint, José must... 2016
Jenny-Brooke Condon The Preempting of Equal Protection for Immigrants? 73 Washington and Lee Law Review 77 (Winter 2016) Recent debates about immigration have focused overwhelmingly on unauthorized migration and the respective roles of the federal and state governments in enforcing immigration law. But that emphasis in law and theory has obscured a critical civil rights question of our time: what measure of equality is due to those with the opportunity to abide by... 2016
Adam B. Cox, Cristina M. Rodríguez The President and Immigration Law 119 Yale Law Journal 458 (December, 2009) The plenary power doctrine sharply limits the judiciary's power to police immigration regulation--a fact that has preoccupied immigration law scholars for decades. But scholars' persistent focus on the distribution of power between the courts and the political branches has obscured a second important separation-of-powers question: how is... 2009
Adam B. Cox, Cristina M. Rodríguez The President and Immigration Law Redux 125 Yale Law Journal 104 (October, 2015) In November 2014, President Obama announced his intention to dramatically reshape immigration law through administrative channels. Together with relief policies announced in 2012, his initiatives would shield nearly half the population of unauthorized immigrants from removal and enable them to work in the United States. These events have drawn... 2015
Hiroshi Motomura The President's Dilemma: Executive Authority, Enforcement, and the Rule of Law in Immigration Law 55 Washburn Law Journal L.J. 1 (Fall 2015) My topic for the 2015 Foulston Siefkin lecture was the President's authority to undertake what in immigration law has come to be called executive actions to grant temporary reprieves from deportation. The broad question that framed my comments was whether these measures are within or beyond the President's authority as set out and limited by the... 2015
Michael H. LeRoy The President's Immigration Powers: Migratory Labor and Racial Animus 75 New York University Annual Survey of American Law 187 (2020) Since the nation's founding, presidents have been motivated by racial animus while using executive powers over migratory labor. Early presidents enforced the Constitution's fugitive slave provision. They explored diplomacy to deport free blacks to Africa. From the 1880s through 1940s, presidents acted on the racial animus of workers by restricting... 2020
Antonios Kouroutakis The Prevailing Culture over Immigration: Centralized Immigration and Policies Between Attrition and Accommodation 13 Seton Hall Circuit Review Rev. 5 (Fall, 2016) In 2012, the Supreme Court delivered a decision in Arizona v. United States that attracted the interested of the press because it challenged a controversial immigration law which several states copied. Although faced with an opportunity to speak about immigration policy reform, the Court ruled on preemption issues instead. The case is still... 2016
Aziz Z. Huq THE PRIVATE SUPPRESSION OF CONSTITUTIONAL RIGHTS 101 Texas Law Review 1259 (May, 2023) On September 1, 2021, Texas's abortion ban, S.B. 8, went into effect even as the constitutional right to an abortion was under siege at the Supreme Court. It not only prohibited almost all abortions after six weeks but also allowed any private party to sue those who, knowingly or unwittingly, aid or abet such procedures. Texas's law has been... 2023
Joseph Daval THE PROBLEM WITH PUBLIC CHARGE 130 Yale Law Journal 998 (February, 2021) The United States has long excluded immigrants who are likely to become a public charge. But while the exclusion has remained unchanged, the nation has changed around it, further blurring its unclear meaning. As public benefits replaced poorhouses, Congress and the courts left the administrative state to reconcile public charge with... 2021
Herbert Hovenkamp The Progressives: Racism and Public Law 59 Arizona Law Review 947 (2017) American Progressivism initiated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds.... 2017
Linus Chan The Promise and Failure of Silence as a Shield Against Immigration Enforcement 52 Valparaiso University Law Review 289 (Winter, 2018) In 1989 an Immigration Judge ruled that a respondent in deportation proceedings, a man by the name of Mr. Guevara, was not a United States citizen and therefore could be deported from the United States. Ruling that a person was not a United States citizen was a prerequisite under both federal regulations and Supreme Court precedent in order for... 2018
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
Steven M. Dawson The Promise of Opportunity-and Very Little More: an Analysis of the New Welfare Law's Denial of Federal Public Benefits to Most Legal Immigrants 41 Saint Louis University Law Journal 1053 (Summer, 1997) Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 makes several major changes to the structure of the welfare system as it applies to legal immigrants. Under prior law, legal immigrants were, with some exceptions, eligible for most federal public benefits. Among the changes made by the Act is the unprecedented... 1997
Basia D. Ellis THE PSYCHOLOGY OF MIGRANT "ILLEGALITY": A GENERAL THEORY 46 Law and Social Inquiry 1236 (November, 2021) Critical migration studies emerged to trace how restrictive immigration contexts contribute to conditions of migrant illegality and deportability. More recently, researchers have turned to examine diversity in migrants' experiences, revealing how migrant illegality and deportability can take varied forms based on different social factors,... 2021
Kris W. Kobach The Quintessential Force Multiplier: the Inherent Authority of Local Police to Make Immigration Arrests 69 Albany Law Review 179 (2005-2006) The terrorist attacks of September 11, 2001 underscored for all Americans the link between immigration law enforcement and terrorism. Nineteen alien terrorists had been able to enter the country legally and undetected, overstay their visas or violate their immigration statuses with impunity, and move freely within the country without significant... 2006
Ayelet Shachar The Race for Talent: Highly Skilled Migrants and Competitive Immigration Regimes 81 New York University Law Review 148 (April, 2006) The United States has long been the ultimate IQ magnet for highly skilled migrants. But this trend has changed dramatically in recent years. Today, the United States is no longer the sole--nor the most sophisticated--national player engaged in recruiting the best and brightest worldwide. Other attractive immigration destinations, such as... 2006
Dalia Castillo-Granados , Rachel Leya Davidson , Laila L. Hlass , Rebecca Scholtz THE RACIAL JUSTICE IMPERATIVE TO REIMAGINE IMMIGRANT CHILDREN'S RIGHTS: SPECIAL IMMIGRANT JUVENILES AS A CASE STUDY 71 American University Law Review 1779 (June, 2022) The immigration legal system has codified and perpetuated racial violence in many ways, yet the experiences of young people of color in this system have yet to be deeply examined. This Article surfaces the distinct and varied racialized harms that children experience in the immigration system through the example of Special Immigrant Juveniles.... 2022
Elijah T. Staggers The Racialization of Crimes Involving Moral Turpitude 12 Georgetown Journal of Law & Modern Critical Race Perspectives 17 (Spring, 2020) C1-2Table of Contents Introduction. 18 I. Defining the Phrase Crime Involving Moral Turpitude. 20 A. The Original White Supremacist Trope of Race-Based Morality: The Negro Rascal. 20 B. Presumptions of Race-Based Morality in the Immigration Act of 1917. 23 1. Race-Based Morality Shifted During the Progressive Era to Target Non-Anglo-Saxon... 2020
Ingrid V. Eagly THE RACISM OF IMMIGRATION CRIME PROSECUTION 109 Iowa Law Review Online 27 (2023) ABSTRACT: Eric Fish's Article, Race, History, and Immigration Crimes, explores the racist motivation behind the original 1929 enactment of the two most common federal immigration crimes, entry without permission and reentry after deportation. This Response engages with Fish's archival work unearthing this unsettling history and examines how his... 2023
32 33 34 35 36 37 38 39 40 41 42 43 44 45 46