| Author | Title | Citation | Summary | Year |
| Mary Sarah Bilder |
The Struggle over Immigration: Indentured Servants, Slaves, and Articles of Commerce |
61 Missouri Law Review 743 (Fall 1996) |
A long time ago, but not too long ago, Ships came from across the sea Bringing Pilgrims and prayer-makers, Adventurers and booty seekers, Free men and indentured servants, Slave men and slave masters, all new-- To a new world, America! --Langston Hughes C1-3Table of Contents I. Introduction. 745 II. Immigrants as Indentured Servants. 751 III.... |
1996 |
| Patrick J. Charles |
The Sudden Embrace of Executive Discretion in Immigration Law |
55 Washburn Law Journal 59 (Fall 2015) |
In recent years, immigration law scholars known for criticizing federal plenary power over immigration are openly embracing it. This includes Professor Hiroshi Motomura, who has not only defended executive disrection over immigration enforcement under a myriad of legal theories, but was also instrumental in influencing President Barack H. Obama's... |
2015 |
| Caroline Mala Corbin |
The Supreme Court's Facilitation of White Christian Nationalism |
71 Alabama Law Review 833 (2020) |
Introduction. 835 I. Jager v. Douglas County School District. 837 II. The Promotion of Christian Nationalism. 840 A. Christian Nationalism Explained. 841 B. Government-Sponsored Christianity and Christian Nationalism. 846 III. End Government-Sponsored Christianity. 858 Conclusion. 865 |
2020 |
| Ana Clavijo |
THE SYSTEMIC DISCRIMINATION AND MISINTERPRETATION OF MENTAL DISORDERS AND THEIR CONTINUING EFFECTS ON IMMIGRATION STATUS |
19 Journal of Health & Biomedical Law 306 (2023) |
Eighty-seven percent of American adults believe that mental health disorders [are] nothing to be ashamed of. Even so, archaic statutory mental health exclusions are still very much alive within the U.S. immigration system. The Immigration and Nationality Act (INA), one of the primary sources of immigration law, lists numerous grounds of... |
2023 |
| Francine J. Lipman |
The Taxation of Undocumented Immigrants: Separate, Unequal, and Without Representation |
9 Harvard Latino Law Review Rev. 1 (Spring, 2006) |
Many Americans believe that undocumented immigrants are exploiting the United States economy. The widespread belief is that illegal aliens cost more in government services than they contribute to the economy. This belief is demonstrably false. [E]very empirical study of illegals' economic impact demonstrates the opposite .: undocumenteds... |
2006 |
| Asees Bhasin |
THE TELEHEALTH "REVOLUTION" & HOW IT FAILS TO TRANSFORM CARE FOR UNDOCUMENTED IMMIGRANTS |
24 North Carolina Journal of Law & Technology 1 (October, 2022) |
The outbreak of COVID-19 led to the rapid adoption and expansion of telehealth services. Upon understanding telehealth's potential to reach under served populations, people began referring to this method of health care delivery as revolutionary. This reputation stuck, even though it quickly became obvious that telehealth utilization was more... |
2022 |
| Kathleen Kim |
The Thirteenth Amendment and Human Trafficking: Lessons & Limitations |
36 Georgia State University Law Review 1005 (Summer, 2020) |
Understanding the significance of the Thirteenth Amendment for current antihuman trafficking policies and efforts requires scrutiny of the white supremacist roots that forced the chattel slavery of Africans in the United States. Passage of the Thirteenth Amendment in 1865 federalized the abolition of slavery and involuntary servitude and promised a... |
2020 |
| Cynthia Lee |
The Trans Panic Defense Revisited |
57 American Criminal Law Review 1411 (Fall, 2020) |
Violence against transgender individuals in general, and trans women of color in particular, is a significant problem in the United States today. When a man is charged with murdering a transgender woman, a common defense strategy is to assert what is called the trans panic defense. The trans panic defense is not a traditional criminal law defense.... |
2020 |
| Jennifer M. Chacón |
The Transformation of Immigration Federalism |
21 William & Mary Bill of Rights Journal 577 (December, 2012) |
CHIEF JUSTICE ROBERTS: Before you get into what the case is about, I'd like to clear up at the outset what it's not about. No part of your argument has to do with racial or ethnic profiling, does it? I saw none of that in your brief. GENERAL VERRILLI: Where-that's correct, Mr. Chief Justice. CHIEF JUSTICE ROBERTS: Okay. So this is not a case about... |
2012 |
| Peter H. Schuck |
The Transformation of Immigration Law |
84 Columbia Law Review Rev. 1 (January, 1984) |
Immigration has long been a maverick, a wild card, in our public law. Probably no other area of American law has been so radically insulated and divergent from those fundamental norms of constitutional right, administrative procedure, and judicial role that animate the rest of our legal system. In a legal firmament transformed by revolutions in due... |
1984 |
| John Ip |
The Travel Ban, Judicial Deference, and the Legacy of Korematsu |
63 Howard Law Journal 153 (Winter, 2020) |
One week into the start of his administration, President Donald Trump issued an executive order that would become known as the travel ban. This executive order, and the two others that would eventually succeed it, suspended the entry into the United States of nationals from specified Muslim-majority countries. Legal challenges were brought against... |
2020 |
| Juan C. Quevedo |
The Troubling Case(s) of Noncitizens: Immigration Enforcement Through the Criminal Justice System and the Effect on Families |
10 Tennessee Journal of Law and Policy 386 (Spring, 2015) |
Close your eyes and imagine yourself a homeless mother, moving from one place to another every six months. Imagine how you would feel, alone with no friends or family to ask for help. You-in this imaginary world-are undocumented to people, and no matter how much you try, no one is reaching out to help you. Instead, your first name becomes... |
2015 |
| Mila Sohoni |
The Trump Administration and the Law of the Lochner Era |
107 Georgetown Law Journal 1323 (May, 2019) |
During the Lochner era, the Supreme Court shielded liberty of contract and property rights; it privileged private ordering and restrained the reach of government regulation; and it embraced robust conceptions of national sovereignty with respect to immigration and trade. Though Lochner itself remains an anti-canonical case, many of the conceptions... |
2019 |
| Rose Cuison Villazor , Kevin R. Johnson |
The Trump Administration and the War on Immigration Diversity |
54 Wake Forest Law Review 575 (Spring, 2019) |
As candidate and President, Donald Trump has unabashedly expressed his disdain for immigrants of color and demonstrated an unmistakable commitment to restrict their immigration to the United States. Contemptuous words about immigrants translated into concrete policies designed to restrict the number of immigrants entering and remaining in the... |
2019 |
| Michele Goodwin , Erwin Chemerinsky |
THE TRUMP ADMINISTRATION: IMMIGRATION, RACISM, AND COVID-19 |
169 University of Pennsylvania Law Review 313 (January, 2021) |
Two of the most important issues defining the Trump Administration were the President's response to the COVID-19 pandemic and the Administration's dealing with immigration issues. These have been regarded, in the popular press and in the scholarly literature, as unrelated. But there is a key common feature in the Trump Administration's response:... |
2021 |
| Allegra M. McLeod |
The U.s. Criminal-immigration Convergence and its Possible Undoing |
49 American Criminal Law Review 105 (Winter, 2012) |
The intensifying convergence of U.S. criminal law and immigration law poses fundamental structural problems. This convergence--which manifests in the criminal prosecution of immigration law violators, in deportation of criminal law violators, and in a growing immigration enforcement and detention apparatus--distorts criminal law incentives and... |
2012 |
| Alexandra M. Ashbrook |
The Unauthorized Practice of Law in Immigration: Examining the Propriety of Non-lawyer Representation |
5 Georgetown Journal of Legal Ethics 237 (Summer, 1991) |
I. Introduction II. The Immigration and Nationality Act's Provisions for Non-Lawyer Practice III. Examining the Legitimacy of Unauthorized Practice of Law Prohibitions in the Immigration Field A. Protection of the Public from Harm 1. An Overview of Unauthorized Practice of Law Restrictions 2. The Public's Demand for Increased Accessibility to Legal... |
1991 |
| Michael H. LeRoy |
The Unborn Citizen |
108 Georgetown Law Journal Online 118 (2020) |
In May of 2019, the Governor of Alabama signed House Bill 314 into law. The statue, entitled the Alabama Human Life Protection Act (the Act), makes abortion and attempted abortion felony offenses, except in cases in which the mother is at risk of serious health complications. This Article does not address the constitutional validity of the Act.... |
2020 |
| Rigoberto Ledesma |
The Unconstitutional Application of Apprehension and Detention Laws: Section 236(c) of the Immigration and Nationality Act |
19 Scholar: St. Mary's Law Review on Race and Social Justice 361 (2017) |
It was an era before United States commitment to international human rights; before enlightenment in and out of the United States brought an end both to official racial discrimination at home and to national-origins immigration law; before important freedoms were recognized as preferred, inviting strict scrutiny if they were invaded and requiring... |
2017 |
| Iris Bennett |
The Unconstitutionality of Nonuniform Immigration Consequences of "Aggravated Felony" Convictions |
74 New York University Law Review 1696 (December, 1999) |
In this Note, Iris Bennett analyzes the aggravated felony provision of the Immigration and Nationality Act, which requires the deportation of noncitizens convicted of a number of crimes under federal or state law. Bennett discusses the implications of the provision in light of the Constitution's Naturalization Clause, which requires a uniform... |
1999 |
| Max J. Pfeffer |
The Underpinnings of Immigration and the Limits of Immigration Policy |
41 Cornell International Law Journal 83 (Winter 2008) |
Introduction. 83 I. Recent Immigration Trends and Immigrant Characteristics. 84 II. Public Opinion of Immigration. 87 III. The Underpinning of Immigration. 89 A. The Limits of Immigration Policy. 89 B. Conditions in Mexico. 92 IV. A Comprehensive Policy Approach to Immigration. 93 A. Development Policy. 94 B. Labor Policy. 94 C. Social Welfare... |
2008 |
| Rose Cuison Villazor |
The Undocumented Closet |
92 North Carolina Law Review Rev. 1 (December, 2013) |
The phrase coming out of the closet traditionally refers to moments when lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals decide to reveal their sexual orientation or gender identity to their families, friends, and communities. In the last few years, many immigrants, particularly those who were brought to the United States... |
2013 |
| David K. Hausman |
THE UNEXAMINED LAW OF DEPORTATION |
110 Georgetown Law Journal 973 (May, 2022) |
Prioritization by criminality, in which noncitizens who have been convicted of serious crimes are deported ahead of those with little or no criminal history, is the most consequential principle governing who is deported from the interior of the United States. This Article argues that, intuitive as prioritization by criminality may appear, it is... |
2022 |
| 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 |
| Karin Mika |
THE UNITED STATES AND THE NEED FOR AN IMPROVED GLOBAL CITIZENSHIP IN THE TWENTY-FIRST CENTURY: HOW HISTORY SHAPED OUR IDENTITY AS A NATION |
72 Cleveland State Law Review 25 (2023) |
This Article describes how accidents of geography and history enabled the United States to become the global power that it has become. It examines how the extended warring in Europe during the Eighteenth and Nineteenth century allowed the United States to develop as a country without the repeated necessity of continually rebuilding, as was... |
2023 |
| Joana Jankulla |
THE UNITED STATES CAN PROTECT THOSE WHO SUFFER HUMANITARIAN EMERGENCIES: HOW AND WHY IMMIGRATION POLICY SHOULD BE AMENDED TO ASSIST CRISIS MIGRANTS |
57 New England Law Review 237 (Spring, 2023) |
In times of humanitarian crisis, migration ensues. This migration is often a result of multiple factors that have built up over time and exploded during a pivotal moment. In the summer of 2021, Haiti suffered multiple humanitarian emergencies: a presidential assassination, an earthquake, and a tropical storm. While these crises caused an uptick in... |
2023 |
| Julie Ann Waterman |
The United States' Involvement in Haiti's Tragedy and the Resolve to Restore Democracy |
15 New York Law School Journal of International and Comparative Law 187 (1994) |
Haitian boat people have had the misfortune of attempting to immigrate to the United States in the midst of an economic recession and during a time of political pressure stemming from the 1992 presidential campaign. In addition, the immigration of Haitians in such large numbers has aroused fear that the United States would bear the brunt of Haiti's... |
1994 |
| Patrycja Rynduch |
The United States of Immigration: a Nation in Crisis How Fear Has Shaped Immigration Law and Has Led Us to Question Basic Constitutional Rights |
45 John Marshall Law Review 205 (Fall 2011) |
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-tossed to me, I lift my lamp beside the golden door! Emma Lazarus You cannot spill a drop of American blood without spilling the blood of the whole world . . . . Herman Melville In 2004, John Doe... |
2011 |
| Philip Brashier |
The United States Struggles with past Judicial Interpretations in Defining the Modern Law of Immigration |
37 South Texas Law Review 1357 (October, 1996) |
I. Introduction. 1357 II. Historical Development of the Law of Immigration. 1361 III. International Efforts to Assist Post-World War II Refugees and Final Adoption of United States Domestic Legislation Defining the Modern Law of Immigration. 1364 A. International Laws Affecting Development of United States Immigration Laws. 1364 B. United States... |
1996 |
| Mary Holper |
The Unreasonable Seizures of Shadow Deportations |
86 University of Cincinnati Law Review 923 (2018) |
President Trump, during his campaign, promised a deportation task force to swiftly deport the eleven million undocumented noncitizens in the United States. Within his first week in office, he issued two Executive Orders calling for stricter immigration enforcement and a stronger border. The Department of Homeland Security (DHS) Memos... |
2018 |
| Karla Mari McKanders |
The Unspoken Voices of Indigenous Women in Immigration Raids |
14 Journal of Gender, Race and Justice Just. 1 (Fall 2010) |
Like the canary's distress, which alerted miners to poison in the air, issues of race point to conditions in American society that endanger us all. --Lani Guinier, The Miner's Canary Like the canary in the mine, the voices of indigenous Guatemalan women detained in immigration raids signal conditions within the immigration system in need of change.... |
2010 |
| Naimul Muquim |
THE URDU-SPEAKING COMMUNITY OF BANGLADESH: FORGOTTEN DENIZENS OR PUTATIVE CITIZENS? |
37 Emory International Law Review 689 (2023) |
The Urdu-speaking community in Bangladesh, commonly known as the Biharis or Stranded Pakistanis, has been living in distressing circumstances. Despite the Supreme Court of Bangladesh declaring Urdu-speakers citizens of the country in 2008, there continues to be challenges related to their integration prospects. The community still faces... |
2023 |
| Caleb E. Mason |
The Use of Immigration Status in Cross-examination of Witnesses: Scope, Limits, Objections |
33 American Journal of Trial Advocacy 549 (Spring, 2010) |
Federal immigration reform and state immigration laws have claimed a prominent place in the current political conversation. Here, Professor Mason outlines the use of illegal immigration status in the impeachment of witnesses with an emphasis on the pretrial discovery process. Courts have rarely had the occasion to address the question of whether,... |
2010 |
| Jonathan Svitak |
The Usual Suspects: Judicial Review of State Laws That Target Undocumented Immigrants |
47 John Marshall Law Review 1127 (Spring, 2014) |
I.Introduction. 1127 II. Background. 1129 A. The Role of the State in Controlling Its Borders. 1129 1. State Sovereignty as It Relates to Immigration. 1130 2. Federal Intervention in the Regulation of Immigration. 1131 3. The Current Immigration Landscape in Arizona and Alabama. 1132 4. The Individual Rights of Undocumented and Documented Aliens... |
2014 |
| Lorena Espino-Piepp |
The Violence Against Women Act, Implicit Bias, and Judicial Training |
24 Cardozo Journal of Equal Rights & Social Justice 347 (Spring, 2018) |
C1-2TABLE OF CONTENTS TABLE OF CONTENTS. 347 INTRODUCTION. 348 I. HISTORY OF VAWA, IMMIGRATION LAWS, AND THE FAMILY COURT. 350 A. The Violence Against Women Act. 351 B. Domestic Violence and Latina Immigrant Women. 352 C. Immigration Laws and Domestic Violence. 353 D. VAWA's Response to the Specific Problems Faced by Immigrant Women in Accessing... |
2018 |
| Gabriel J. Chin , Sam Chew Chin |
THE WAR AGAINST ASIAN SAILORS AND FISHERS |
69 UCLA Law Review 572 (April, 2022) |
Beginning in the 1880s, maritime unions sought federal legislation to prevent Chinese, Japanese, Filipino, and Asian Indian sailors from serving as crew members on U.S.-flag vessels. The campaign succeeded and mandatory citizenship requirements for crews remain in the U.S. Code to this day. Similarly, federal and state laws limited the ability of... |
2022 |
| Jaya Ramji-Nogales |
The War on Immigrants: Changing Military Culture |
32 Temple International and Comparative Law Journal 87 (Spring, 2018) |
This Comment responds to two central claims of Rosa Brooks's How Everything Became War and the Military Became Everything, namely that there's nothing solid behind concerns about a vastly expanded military and that the terms military and civilian are human constructs without predetermined meaning. This analysis draws upon immigration law and... |
2018 |
| Hannah M. Hamley |
The Weaponization of the "Alien Harboring" Statute in a New-era of Racial Animus Towards Immigrants |
44 Seattle University Law Review 171 (Fall, 2020) |
First they came for the Communists And I did not speak out Because I was not a Communist Then they came for the Socialists And I did not speak out Because I was not a Socialist Then they came for the trade unionists And I did not speak out Because I was not a trade unionist Then they came for the Jews And I did not speak out Because I was not a Jew... |
2020 |
| Sarah J. Adams-Schoen |
THE WHITE SUPREMACIST STRUCTURE OF AMERICAN ZONING LAW |
88 Brooklyn Law Review 1225 (Summer, 2023) |
When I began this research project in the summer of 2021, those who lived in the predominantly Black neighborhood where I grew up -- Portland, Oregon's Cully neighborhood--experienced a catastrophic and unprecedented heat wave at temperatures as much as 25°F higher than those who lived in Portland's restrictive, amenity rich single-family... |
2023 |
| Jennifer Lee Koh |
The Whole Better than the Sum: a Case for the Categorical Approach to Determining the Immigration Consequences of Crime |
26 Georgetown Immigration Law Journal 257 (Winter, 2012) |
The immigration laws have long described categories of crimes that lead to adverse immigration consequences, such as deportation. But how should adjudicators assess whether a given conviction triggers an adverse immigration consequence? The federal courts and administrative agencies have typically employed a methodology--known as the categorical... |
2012 |
| Ana Aliverti |
The Wrongs of Unlawful Immigration |
11 Criminal Law and Philosophy 375 (June, 2017) |
Published online: 12 July 2015 Abstract For too long, criminal law scholars overlooked immigration-based offences. Claims that these offences are not true crimes' or are a mere camouflage to pursue non-criminal law aims deflect attention from questions concerning the limits of criminalization and leave unchallenged contradictions at the heart of... |
2017 |
| Keith Aoki |
The Yellow Pacific: Transnational Identities, Diasporic Racialization, and Myth(s) of the "Asian Century" |
44 U.C. Davis Law Review 897 (February, 2011) |
Introduction. 899 I. The Twenty-First Century as the Asian Century: Is There a There There?. 902 II. Fear of a Yellow Planet: Was the Twentieth Century the Asian Century?. 907 A. Prelude to the Asian Century: Harsh Nineteenth and Early- to Mid-Twentieth Century Immigration Policies Towards Asian Immigrants. 912 B. The Gentleman's Agreement of... |
2011 |
| Kit Johnson |
Theories of Immigration Law |
46 Arizona State Law Journal 1211 (Winter 2014) |
Legal scholarship lacks a comprehensive account of the theoretical underpinnings of immigration law. This Article attempts to fill that void by identifying four theories to explain various aspects of immigration law and the arguments advanced in support of such law: (1) individual rights theory, which turns on the prospective migrant's right of... |
2014 |
| Daniel G. Solórzano , Lindsay Pérez Huber , Layla Huber-Verjan |
Theorizing Racial Microaffirmations as a Response to Racial Microaggressions: Counterstories Across Three Generations of Critical Race Scholars |
18 Seattle Journal for Social Justice 185 (Spring, 2020) |
This article follows a Critical Race tradition of counterstorytelling to tell three stories from across three generations of Critical Race Scholars in Education. In each of our stories, we explain how we came to research racial microaggressions and how this work eventually led us to our current theorizing of racial microaffirmations. We have... |
2020 |
| Medha D. Makhlouf |
Theorizing the Immigrant Child: the Case of Married Minors |
82 Brooklyn Law Review 1603 (Summer, 2017) |
U.S. immigration law provides special protections, benefits, and forms of relief for children. It also provides certain marriage-based benefits and exclusions. Yet the most common definitions of child in the Immigration and Nationality Act make the existence of a married minor child into a legal impossibility. In other words, married minor... |
2017 |
| Austen Ishii |
There and Back, Now and Then: Iirira's Retroactivity and the Normalization of Judicial Review in Immigration Law |
83 Fordham Law Review 949 (November, 2014) |
The U.S. Supreme Court has a long tradition of treating immigration law as exceptional, deferring to Congress and executive agencies when determining the scope of various immigration laws. The Court's refusal to subject immigration statutes to the ordinary level of judicial review has left immigrants even more susceptible to the effects of... |
2014 |
| Amanda Katapang |
THIS ARTICLE IS CONSIDERED TERRORISM IN THE PHILIPPINES: THE ROLE OF PEOPLE'S LAWYERS IN CLASS STRUGGLE |
26 CUNY Law Review 171 (Winter, 2023) |
I. Introduction. 172 II. The Role of Direct Services Lawyering in a People's Movement. 176 III. Crossing Mountains and Seas: Fighting for Liberation at Home and Abroad. 178 A. Colonial Exploitation to Neoliberal Labor Export. 178 B. Filipino Labor: A Cheap Export by Design. 180 1. Filipino Migrant Workers Generally. 182 2. J-1 Workers. 184 3.... |
2023 |
| K-Sue Park |
This Land Is Not Our Land |
87 University of Chicago Law Review 1977 (October, 2020) |
The story of our relationship to the earth is written more truthfully on the land than on the page. It lasts there. The land remembers what we said and what we did. -Robin Wall Kimmerer, Braiding Sweetgrass 341 (Milkweed 2013) The land and the wealth that began in it still carry the shape of history .. The land remembers. But what do we remember... |
2020 |
| Anna Arons |
THOMPSON v. CLARK AND THE "REASONABLE" POLICING OF MARGINALIZED FAMILIES |
47 New York University Review of Law and Social Change 221 (2023) |
This Article uses the experience of Larry Thompson, the plaintiff in Thompson v. Clark, 142 S. Ct. 1332 (2022), to examine the absence of privacy for poor families, particularly poor Black, Latinx, and Native families, in the United States. Mr. Thompson may end up remembered in legal history as a victor, as the Supreme Court lowered the barriers to... |
2023 |
| Jill E. Family |
Threats to the Future of the Immigration Class Action |
27 Washington University Journal of Law and Policy 71 (2008) |
I. Introduction. 71 II. The Immigration Class Action. 76 III. Threats to the Future of the Immigration Class Action. 81 A. Threat One: Congressional Willingness to Restrict Immigration Judicial Review. 82 B. Threat Two: Waivers of Judicial Review. 86 1. The Threat. 86 2. Evaluating the Threat. 94 a. The Plenary Power Doctrine. 95 b. The Contract... |
2008 |