| Author | Title | Citation | Summary | Year |
| 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 |
| Michael J. Van Zandt |
Three Words Guide Us |
31 Experience Experience 3 (October/November, 2020) |
THE SLD IS EXPANDING ITS MISSION THANKS TO THE COMMITMENT OF ITS LEADERSHIP AND MEMBERS. I'm very proud to be chair of the Senior Lawyers Division of the American Bar Association in its 35th year of existence. I want to express my appreciation to the extremely dedicated past leaders of the SLD under whom I've served and who've been an inspiration... |
2020 |
| Emily Ryo |
Through the Back Door: Applying Theories of Legal Compliance to Illegal Immigration During the Chinese Exclusion Era |
31 Law and Social Inquiry 109 (Winter, 2006) |
This article applies theories of legal compliance to analyze the making of this country's first illegal immigrants--Chinese laborers who crossed the U.S.-Canadian and U.S.-Mexican borders in defiance of the Chinese exclusion laws (1882-1943). Drawing upon a variety of sources, including unpublished government records, I explore the ways in which... |
2006 |
| Scott Titshaw |
Throwing the Baby out with the Patriarchy |
33 Berkeley Journal of Gender, Law & Justice 179 (Summer, 2018) |
Throughout the history of Europe and its former new world colonies, families have been a central unit for defining legal rights and duties, including those related to citizenship and immigration. Less than a century ago, a woman and her children automatically gained or lost citizenship in the U.S. and many other countries upon her marriage to a... |
2018 |
| Irene Scharf |
Tired of Your Masses: a History of and Judicial Responses to Early 20th Century Anti-immigrant Legislation |
21 University of Hawaii Law Review 131 (Summer, 1999) |
A story with eerie reminiscences of times past appeared in the National Law Journal this past October. The story, about the case of Soko Bukai v. YWCA of San Francisco, can serve to remind us all of a not-too-distant past that reverberates even today around this nation. Soko Bukai was brought on behalf of 700 members of the Japanese-American... |
1999 |
| Shameka Rolla |
Title Vii and Color: How Bringing Title Vii Claims under the Protected Class of Color Can Further Highlight Colorism in Employment and Society at Large |
10 Wake Forest Journal of Law and Policy 277 (March, 2020) |
In January 2018, Lupita Nyong'o announced that she would write a children's book. In the book, titled Sulwe, a five-year-old Kenyan girl, unable to see the beauty in her dark complexion, is determined to lighten her skin. With a global skin-lightening industry that was worth $4.8 billion in 2017, and that is projected to grow to $8.9 billion by... |
2020 |
| Julie Stewart, Thomas Christian Quinn |
To Include or Exclude: a Comparative Study of State Laws on In-state Tuition for Undocumented Students in the United States |
18 Texas Hispanic Journal of Law and Policy Pol'y 1 (Fall 2012) |
Introduction. 2 I. State-Level Immigration Politics in a National Context. 6 A. Social Science Theories of State-Level Legislation. 8 II. Utah: A Classic New Immigration Destination. 14 A. Utah's H.B. 144: A Unique History and an Uncertain Future. 17 III. In-State Tuition Laws in a National Context. 32 A. The Case of Illinois. 36 B. The Case of... |
2012 |
| Denise Gilman |
To Loose the Bonds: the Deceptive Promise of Freedom from Pretrial Immigration Detention |
92 Indiana Law Journal 157 (Winter 2016) |
Each year, the United States government detains more than 60,000 migrants who are eligible for release during immigration court proceedings that will determine their right to stay in the United States. Detention or release should be adjudicated through a custody determination process focused on the question of whether a migrant poses a flight risk... |
2016 |
| Theodore W. Maya |
To Serve and Protect or to Betray and Neglect?: the Lapd and Undocumented Immigrants |
49 UCLA Law Review 1611 (June, 2002) |
In this Comment, Theodore Maya examines Special Order 40, the Los Angeles Police Department's (LAPD's) internal mandate limiting officers' ability to question Los Angelenos about their immigration status. He explores the history of the LAPD's relationship with the city's immigrant and minority populations, and the constitutional and legal issues... |
2002 |
| Brendan L. Smith |
Tongue Ties |
95-APR ABA Journal 17 (April, 2009) |
JUAN ESTENOS MAY HAVE BEEN A HIGHLY EDUCATED accountant in Peru, but when he immigrated to the United States the best job he could find was as a clerk at an employee credit union for the Pan American Health Organization and World Health Organization in Washington, D.C. Estenos spoke little English but was hired in January 2000, though the job's... |
2009 |
| Gregg Van De Mark |
Too Much of a Good Thing: Immigration, Plyler V. Doe, and American Hubris |
35 Washburn Law Journal 469 (Summer 1996) |
I. Introduction. 469 II. History of American Immigration Policy Before 1965. 471 A. American Immigration Before 1920. 472 B. Immigration Policy After 1920. 473 C. How Pausing Immigration Accelerates Assimilative Compromises. 474 D. The 1952 Immigration Act. 476 III. Modern American Immigration Policy. 478 A. The 1965 Immigration Act. 478 B. Recent... |
1996 |
| Julianne Lee |
Tortured Language: Lawful Permanent Residents and the 212(h) Waiver |
84 Fordham Law Review 1201 (December, 2015) |
Recent amendments to the Immigration and Nationality Act have greatly expanded the grounds for removal of lawful permanent residents (LPRs) and, at the same time, constricted judicial review of agency decisions to deport immigrants. Language added to the 212(h) waiver of inadmissibility has increased the number of LPRs that are now ineligible for... |
2015 |
| Travis Silva |
Toward a Constitutionalized Theory of Immigration Detention |
31 Yale Law and Policy Review 227 (Fall 2012) |
Introduction. 228 I. The Plenary Power Doctrine and Immigration Detention. 230 A. The Origin of the Plenary Power Doctrine. 230 B. Judicial Limitations and Scholarly Criticism. 234 C. The Structure of Immigration Detention. 238 II. Why a Constitutionalized Theory. 243 A. Habeas Corpus, Noncitizens, and Nonpunitive Detention. 243 B. Due Process at... |
2012 |
| Monika Batra Kashyap |
TOWARD A RACE-CONSCIOUS CRITIQUE OF MENTAL HEALTH-RELATED EXCLUSIONARY IMMIGRATION LAWS |
26 Michigan Journal of Race and Law 87 (Winter, 2021) |
C1-3TABLE OF CONTENTS R1-2INTRODUCTION . R388. I. The Key Tenets of Dis/ability Critical Race Theory. 90 II. The Eugenics Movement and Immigration Restriction. 92 A. The Three Pillars of the Eugenics Movement: White Supremacy, Racism, and Ableism. 94 B. The Impact of the Eugenics Movement on Mental Health-Related Immigrant Exclusion. 99 III. A... |
2021 |
| Mathilde Cohen |
Toward an Interspecies Right to Breastfeed |
26 Animal Law L. 1 (2020) |
Milk is young mammals' primary food. Yet, lactating animals raised for their milk, such as cows and goats, are subject to extreme forms of violence and control preventing them from breastfeeding their own young. Numerous human parents also lack the legal, economic, social, and emotional support they need to nurse their children. At one level, the... |
2020 |
| Cristina M. Rodríguez |
Toward Détente in Immigration Federalism |
30 Journal of Law & Politics 505 (Spring 2015) |
In its efforts to enforce the immigration laws, the federal government has been challenged by the forces of federalism. Spurred in part by social movements and partisan and interest group politics, state and local police and political officials across the country have concluded that the federal government both under-enforces and over-enforces the... |
2015 |
| Shiv Narayan Persaud |
TOWARDS AN UNDERSTANDING OF CRITICAL RACE THEORY: DISPELLING FALSE CLAIMS AND MISREPRESENTATIONS |
18 University of Massachusetts Law Review 79 (Winter, 2023) |
The Article discusses critical race theory as a paradigm shift, and further dispels the notion that it promotes a form of Marxism. With the rise of political attitudes toward seeking legislation to denounce CRT, it is incumbent upon those in legal studies to investigate and bring the value of CRT into the forefront. The purpose of this Article is... |
2023 |
| Shani Mahiri King , Nicole Silvestri Hall |
TRACING THE ROOTS OF A POISONOUS TREE: ON THE ORIGINS AND IMPACT OF CRIMINAL TERMINOLOGY IN A CIVIL APPREHENSION SCHEME |
53 New Mexico Law Review 255 (Summer, 2023) |
Language is powerful. It can affect how we think about and treat groups of people. Poor language choices have a massive impact on immigration law, an area of the law that determines how groups of perceived outsiders are classified and regulated. Language and bias in judicial opinions have been studied, but less research has been done on poor... |
2023 |
| Julie Dahlstrom |
TRAFFICKING AND THE SHALLOW STATE |
12 UC Irvine Law Review 61 (November, 2021) |
More than two decades ago, the Trafficking Victims Protection Act (TVTA) established new, robust protections for immigrant victims of trafficking. In particular, Congress created the T visa, a special form of immigration status, to protect immigrant victims from deportation. Despite lofty ambitions, the annual cap of 5,000 T visas has never been... |
2021 |
| Kevin Johnson , Raquel Aldana , José Padilla, Amagda Pérez, Thomas Saenz , Opening Remarks, Moderator, Panelists |
TRANSCRIPT: THE CIVIL RIGHTS LEGACY OF JUSTICE CRUZ REYNOSO |
26 U.C. Davis Social Justice Law Review 132 (Winter, 2022) |
The family of Justice Cruz Reynoso released the following announcement upon his death in May 2021: On May 7, 2021, former California Supreme Court Associate Justice, law professor, and civil rights activist Cruz Reynoso passed away at age 90, surrounded by his family. Reynoso was born on May 2, 1931, in Brea, California, to Francisca Ramirez... |
2022 |
| Daniel I. Morales |
Transforming Crime-based Deportation |
92 New York University Law Review 698 (June, 2017) |
Why not rid the United States of criminal noncitizens and the disorder they cause? Because, scholars urge, immigrants reduce crime rates, deporting noncitizens with criminal convictions costs far more than it is worth, and discarding immigrants when they become inconvenient is wrong. Despite the force of these responses, reform efforts have made... |
2017 |