AuthorTitleCitationSummaryYear
Huyen Pham , Pham Hoang Van The Economic Impact of Local Immigration Regulation: an Empirical Analysis 32 Cardozo Law Review 485 (November, 2010) A wave of local anti-immigration laws has swept the country, triggering contentious debate and raising significant legal and policy issues. One critical dimension that has been largely ignored, however, is the economic impact of these laws: Are jurisdictions with them better off economically than those without them? In the first empirical study of... 2010
Kristina M. Campbell The High Cost of Free Speech: Anti-solicitation Ordinances, Day Laborers, and the Impact of "Backdoor" Local Immigration Regulations 25 Georgetown Immigration Law Journal L.J. 1 (Fall, 2010) This paper examines how local efforts to regulate the activities of immigrants, while not regulation of immigration per se, can have a substantial and detrimental effect on the civil rights of immigrants and Latinos. It will discuss how day laborers--individuals, mostly Latino men, who seek short-term employment in public fora--are routinely... 2010
M. Kathleen Dingeman , Rubén G. Rumbaut The Immigration-crime Nexus and Post-deportation Experiences: En/countering Stereotypes in Southern California and El Salvador 31 University of La Verne Law Review 363 (May, 2010) Most of our attention to crime among immigrants has not been due to a desire to try to understand crime. Our judgments have been colored by our prejudices . . . and evidence to the contrary is neither sought nor welcome. The continued indictment for criminality of those just arrived is as old as the history of our country, and has been directed,... 2010
Sandra J. Durkin The Legal Arizona Workers Act and Preemption Doctrine 15 Michigan Journal of Race and Law 417 (Spring 2010) In recent years, a spate of states passed laws regulating the employment of undocumented immigrants. This Note argues that laws that impose civil sanctions on employers that hire undocumented immigrants are preempted by both federal immigration law and federal labor law. The Note focuses specifically on the Legal Arizona Workers Act because it went... 2010
Scott C. Titshaw The Meaning of Marriage: Immigration Rules and Their Implications for Same-sex Spouses in a World Without Doma 16 William and Mary Journal of Women and the Law 537 (Spring, 2010) An estimated 35,000 U.S. citizens are living in our country with same-sex foreign partners, but these couples have no right to stay here together on the basis of their relationship. Many of these Americans are faced with a choice between their partners and the country they love. This is true even if the couple is legally married in one of the... 2010
Rick Su The Overlooked Significance of Arizona's New Immigration Law 108 Michigan Law Review First Impressions 76 (May, 2010) Immigration has once again become the subject of widespread interest and public debate. This renewed interest, however, was not the result of Harry Reid's vow that the Senate will tackle comprehensive immigration reform sometime this year. Nor was it prompted by new policy initiatives with respect to immigration enforcement being implemented by the... 2010
Barbara Hines The Right to Migrate as a Human Right: the Current Argentine Immigration Law 43 Cornell International Law Journal 471 (Fall 2010) Introduction. 472 I. Historical Background and Constitutional Framework of Argentine Immigration Law. 474 A. Historical Background. 474 B. Constitutional Framework. 476 C. Prior Immigration Law. 479 1. Avellaneda Law and the Law of Residency. 479 2. The Videla Law. 480 II. The New Immigration Law. 482 A. Events and Advocacy Leading to the Passage... 2010
Hiroshi Motomura The Rights of Others: Legal Claims and Immigration Outside the Law 59 Duke Law Journal 1723 (May, 2010) This Article analyzes the rights of unauthorized migrants and elucidates how these noncitizens are incompletely but importantly integrated into the U.S. legal system. I examine four topics: (1) state and local laws targeting unauthorized migrants, (2) workplace rights and remedies, (3) suppression of evidence from an unlawful search or seizure, and... 2010
David Bacon, Bill Ong Hing The Rise and Fall of Employer Sanctions 38 Fordham Urban Law Journal 77 (November, 2010) Workplace raids by gun-wielding Immigration and Customs Enforcement (ICE) agents that resulted in the mass arrests of dozens and sometimes hundreds of employees have ceased under the Obama administration. But silent raids, or audits of companies' records by federal agents, that replaced them have resulted in the firing of thousands of... 2010
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
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
Shani M. King U.s. Immigration Law and the Traditional Nuclear Conception of Family: Toward a Functional Definition of Family That Protects Children's Fundamental Human Rights 41 Columbia Human Rights Law Review 509 (Winter 2010) Although the paramount purpose of United States immigration law is not to protect the integrity of family, U.S. immigration law does explicitly aim to do so in certain circumstances. The Immigration and Nationality Act (INA) includes family reunification provisions, for example, which allow United States citizens and lawful permanent residents to... 2010
Amy Wolper Unconstitutional and Unnecessary: a Cost/benefit Analysis of "Crimes Involving Moral Turpitude" in the Immigration and Nationality Act 31 Cardozo Law Review 1907 (April, 2010) The 1980s and 1990s initiated a period of drastic change in the landscape of American immigration law. Since the late 1980s, immigration reforms have targeted the growing population of criminal aliens. The 1996 reforms were particularly severe; they dramatically expanded inadmissibility and deportation grounds for criminal aliens and increased the... 2010
Kavitha Sreeharsha Victims' Rights Unraveling: the Impact of Local Immigration Enforcement Policies on the Violence Against Women Act 11 Georgetown Journal of Gender and the Law 649 (2010) I. Background. 651 A. Local Enforcement of Immigration Law. 651 1. The 287(g) Program. 651 2. The Secure Communities Program. 655 3. Criminal Alien Program (CAP). 656 4. State and Local Anti-Immigration Laws. 657 B. Immigrant Victims. 658 1. VAWA: Law Enforcement and Domestic Violence. 658 2. Immigration Relief Under the Violence Against Women Act.... 2010
Keith Aoki , John Shuford Welcome to Amerizona--immigrants Out!: Assessing "Dystopian Dreams" and "Usable Futures" of Immigration Reform, and Considering Whether "Immigration Regionalism" Is an Idea Whose Time Has Come 38 Fordham Urban Law Journal L.J. 1 (November, 2010) In this essay, we introduce the heuristics of dystopian dream and usable future to assess competing visions for immigration reform. We apply these heuristics to potential changes to the U.S. immigration system and immigration federalism as reflected in legislative and law enforcement activities, policy proposals, speeches, and scholarship. We... 2010
Janet L. Dolgin , Katherine R. Dieterich When Others Get Too Close: Immigrants, Class, and the Health Care Debate 19 Cornell Journal of Law & Public Policy 283 (Spring 2010) This Article describes one genre of contemporary anti-immigrant rhetoric, examines the social and economic forces that engender that rhetoric, and delineates its implications for the national debate about health care reform. The Article details the underlying significance of America's opaque, yet highly competitive, class system to immigration... 2010
Alexandria Walden Abortion Rights for Ice Detainees: Evaluating Constitutional Challenges to Restrictions on the Right to Abortion for Women in Ice Detention 43 University of San Francisco Law Review 979 (Spring 2009) IMMIGRATION HAS BEEN a perpetual hot topic throughout American history. Debates surrounding immigration policy reform have spurred several major legislative initiatives over the last fifteen years. In 1996, Congress made significant changes to immigration law in the wake of the Oklahoma City bombing with the passage of two laws: the Illegal... 2009
Marcela Mendoza , Edward M. Olivos Advocating for Control with Compassion: the Impacts of Raids and Deportations on Children and Families 11 Oregon Review of International Law 111 (2009) I. Growth and Expansion of Immigration Enforcement Operations. 113 II. Impacts of Raids and Deportations on Children, Families, and Communities. 116 L1-2Conclusion . L3121 2009
Rev. Craig Kyle Hemphill, Esq. Am I My Brother's Keeper?: Immigration Law Reform and the Liberty That Is America (A Legal, Theological and Ethical Observation on the Debate of Allowing Immigrant Amnesty). 15 Texas Hispanic Journal of Law and Policy 51 (Spring 2009) I. Immigration. 53 II. History. 54 A. 1986 Act. 54 B. Section 245(i). 55 III. Immigrant Amnesty. 56 A. An Ex-Post Status Determination is Okay. 56 1. Migration and Contribution. 57 B. Immigration through Ethics and Theology. 58 1. The Human Being as Worth. 58 a. comparative theology and ethics regarding human rights--world religions' perspectives... 2009
Rigel C. Oliveri Between a Rock and a Hard Place: Landlords, Latinos, Anti-illegal Immigrant Ordinances, and Housing Discrimination 62 Vanderbilt Law Review 55 (January, 2009) Introduction. 56 I. The AII Ordinances. 59 A. Background. 59 B. Housing Provisions. 61 1. Complaint-Driven Enforcement Procedures. 62 2. Pre-authorization. 63 C. Preemption: Hazleton and Beyond. 65 II. Probable Results of AII Housing Ordinances. 72 A. Multiple Groups Likely to Be Affected. 72 B. Violations of the Fair Housing Act Likely. 81 1.... 2009
Freddy Funes Beyond the Plenary Power Doctrine: How Critical Race Theory Can Help Move Us past the Chinese Exclusion Case 11 Scholar: St. Mary's Law Review on Minority Issues 341 (Spring 2009) I. Introduction. 341 II. A Nation of (Mistreated) Immigrants. 343 A. A Short Sample of Immigration History. 343 1. The Chinese, California, and the Exclusion Act. 343 2. The Bracero Program and Labor Shortages. 347 B. The Plenary Power Doctrine: Fictional Sovereignty. 351 III. The Plenary Power Doctrine Fallacy. 354 A. Doctrinally Unsound. 355 B.... 2009
Andrea Aguilar Civilian Border Patrols: the Right to Safely Cross the Border Vs. The Right to Protect Private Property 11 Scholar: St. Mary's Law Review on Minority Issues 371 (Spring 2009) I. Introduction. 372 II. Legal Background. 376 A. The Federal Government's Statutory Right to Control Immigration. 376 B. Civilian Border Patrol Groups' Legal Rights. 378 C. Constitutional Protections for Aliens. 383 III. Legal Analysis. 385 A. Political and Social Issues. 385 1. The Threat of Federal Interference Posed by Civilian Border Patrol... 2009
Christopher Carlberg Cooperative Noncooperation: a Proposal for an Effective Uniform Noncooperation Immigration Policy for Local Governments 77 George Washington Law Review 740 (April, 2009) If you are an illegal immigrant in New York City and a crime is committed against you, I want you to report that. Because . . . the next time a crime is committed, it could be against a citizen or a legal immigrant. -- Rudolph Giuliani Leaders of states, cities, and counties in the United States, like Mayor Giuliani, have struggled to determine... 2009
Heidi Beirich, Mark Potok Countering Anti-immigration Extremism: the Southern Poverty Law Center's Strategies 12 New York City Law Review 405 (Summer 2009) At the end of the twentieth century and the beginning of the twenty-first, it became increasingly clear that the United States was seeing the rise of a xenophobic and ostensibly racist anti-immigration movement. This nativist wave was, unsurprisingly, accompanied by a rise since 2000 of more than fifty percent in the number of hate groups listed by... 2009
Gerald L. Neuman Dangerous Intersection 44 University of San Francisco Law Review 241 (Fall 2009) IN FEBRUARY 2009, the University of San Francisco Law Review convened a Symposium for the purpose of investigating The Evolving Definition of the Immigrant Worker: The Intersection Between Employment, Labor, and Human Rights Law. On the eve of the Symposium, the theme was introduced by the delivery of the Jack Pemberton Lecture by Professor Juan F.... 2009
Riddhi Mukhopadhyay Death in Detention: Medical and Mental Health Consequences of Indefinite Detention of Immigrants in the United States 7 Seattle Journal for Social Justice 693 (Spring/Summer, 2009) My hope of a land of liberty has been transformed into a nightmare. To this is added moral suffering due to detention, for I do not know how long I will spend in this detention center. It is as if I am living through a bad dream, and soon will wake and finally reach this land of freedom that I still seek. Rwandan refugee and detainee Escaping civil... 2009
Corrie Bilke Divided We Stand, United We Fall: a Public Policy Analysis of Sanctuary Cities' Role in the "Illegal Immigration" Debate 42 Indiana Law Review 165 (2009) 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 . . . . This inscription located on the Statue of Liberty is recognized as a symbol of freedom and hope for those immigrants arriving in the United States, the initial step taken to... 2009
Laura Sullivan Enforcing Nonenforcement: Countering the Threat Posed to Sanctuary Laws by the Inclusion of Immigration Records in the National Crime Information Center Database 97 California Law Review 567 (April, 2009) Across the United States, local police officers are playing an increasingly active role in the enforcement of federal immigration laws against the nation's estimated 12 million illegal immigrants. Immigration-related detentions resulting from contact with local officers have dramatically increased in recent years. In some jurisdictions, local... 2009
David E. Bernstein , Thomas C. Leonard Excluding Unfit Workers: Social Control Versus Social Justice in the Age of Economic Reform 72 Law and Contemporary Problems 177 (Summer 2009) Immigration, working poverty, and the relationship of women to the labor market are vital and contentious issues today, as they were a century ago, when some influential, progressive social scientists blueprinted and began constructing the house of American labor reform. New Deal liberals later expanded the edifice. This article documents that the... 2009
Roya Hajbandeh France, Love it or Leave It: New French Law Restricts Family Reunification 27 Wisconsin International Law Journal 335 (Summer 2009) This article will demonstrate that the new French immigration law, On the Control of Immigration, Integration, and Asylum, does not accomplish the country's intent of inhibiting illegal immigration, and instead, restricts family reunification, which violates French laws, European Union laws, and promotes an underlying discriminatory policy to... 2009
Evelyn H. Cruz , Robert J. McWhirter G-men Run Amuck 45-AUG Arizona Attorney 34 (July/August, 2009) Don't shoot, G-Men; don't shoot, G-Men! So cried gangster Machine Gun Kelly with hands up when the Feds arrested him in 1933--at least that's the version from The FBI Story with Jimmy Stewart. After that, every kid in America wanted to be a G-Man! Now, theoretically, every cop in America can enforce immigration law and be a G-Man... 2009
Maria Jockel , Principal, Russell Kennedy Pty Ltd. Immigration Law and Enforcement in Australia 2009 Aspatore 4861184 (December, 2009) Immigration law in Australia continues to be a fundamental part of nation building. As a relatively young nation, Australia has continued to rely on its immigration laws and policies to meet the policies and priorities of the government of the day. The Australian Constitution at Section 51(xix) gives the Commonwealth Parliament of Australia the... 2009
Bridget Kessler In Jail, No Notice, No Hearing . . . No Problem? A Closer Look at Immigration Detention and the Due Process Standards of the International Covenant on Civil and Political Rights 24 American University International Law Review 571 (2009) INTRODUCTION. 573 I. BACKGROUND. 576 A. The International Covenant on Civil and Political Rights and the United States. 576 1. The Prohibition Against Arbitrary Detention of Article 9(1). 580 2. The Promptly Inform Notice Standard of Article 9(2). 581 3. The Right to Judicial Review Without Delay of Article 9(4). 582 B. Custody Procedures in... 2009
Bill Ong Hing Institutional Racism, Ice Raids, and Immigration Reform 44 University of San Francisco Law Review 307 (Fall 2009) ON A COLD, RAW DECEMBER MORNING in Marshalltown, Iowa, Teresa Blanco woke up to go to work at the local Swift meat packing plant. Hundreds of others across the town were doing the same thing, in spite of the miserable mixture of sleet, mist, and slush that awaited them outside their front doors. As they made their way to the plant, the workers, who... 2009
César Cuauhtémoc García Hernández La Migra in the Mirror: Immigration Enforcement and Racial Profiling on the Texas Border 23 Notre Dame Journal of Law, Ethics & Public Policy 167 (2009) The first step in any Latino urban agenda must be to remove La Migra from the front yard. -- Mike Davis Where would the United States be without its ilegales? -- Ilan Stavans On an ordinary Saturday night in late July 2007 the traffic on a bridge linking the Mexican state of Tamaulipas with the Texas border cities of Hidalgo and McAllen was in its... 2009
César Cuauhtémoc García Hernández La Migra in the Mirror: Immigration Enforcement, Racial Profiling, and the Psychology of One Mexican Chasing after Another 72 Albany Law Review 891 (2009) Good morning, it is a pleasure to be here. I would like to thank Professor Anthony Farley, the editors of the Albany Law Review, and the Albany Law Journal of Science & Technology for inviting me in, and for all of you for being here this morning. I would like to spend my time this morning talking about racial profiling. Specifically, I plan to... 2009
Lisa R. Pruitt Latina/os, Locality, and Law in the Rural South 12 Harvard Latino Law Review 135 (Spring 2009) Legal issues associated with immigration are playing out at multiple scales, from the local to the national. In this era of municipal anti-immigrant ordinances and federal-local cooperation to enforce immigration laws, legal actors at the municipal, county, and state levels have become frontline policymakers and law enforcers in relation to... 2009
Simi N. A. Junior Many Strands: Immigration Reform and the Effect of Mexican Migration on African American Unemployment 10 Rutgers Race & the Law Review 487 (2009) America is woven of many strands; I would recognize them and let it so remain . . . . Our fate is to become one, and yet many--This is not prophecy, but description. The events of that day were unforgettable. A grainy videotape showed a black man being viciously beaten by four white police officers. What appeared to be an act of racial savagery was... 2009
Stephen Steinberg Neoliberal Immigration Policy and its Impact on African Americans 23 Notre Dame Journal of Law, Ethics & Public Policy 209 (2009) This paper builds on my earlier paper,Immigration, African Americans, and Race Discourse, published inNew Politics in 2005. In that paper, I argued that all through American history, beginning with slavery, ruling elites installed a system of occupational apartheid that relegated African Americans to the least desirable jobs in the preindustrial... 2009
Matthew T. Hovey Oh, I'm Sorry, Did That Identity Belong to You? How Ignorance, Ambiguity, and Identity Theft Create Opportunity for Immigration Reform in the United States 54 Villanova Law Review 369 (2009) No subject touches the essence of the American experience more fundamentally than immigration, for our history is that of a heterogeneous people in quest of a homogeneous national identity. In 2004, Mr. Nassim Mohamed Leon, a Tanzanian man who legally immigrated to the United States and subsequently became a naturalized citizen, achieved a feat... 2009
D. Wendy Greene On Race, Nationhood, and Citizenship: Laura E. Gómez, Manifest Destinies: the Making of the Mexican American Race--new York University Press, 2007 34 Thurgood Marshall Law Review 421 (Spring, 2009) In response to a marked increase in immigration from South and Central America and a rapidly changing demography, within the past two decades a number of United States news pundits, politicians, and scholars have manufactured media campaigns linking illegal immigration in the United States to individuals of Mexican descent. This portrayal has... 2009
Abby Sullivan On Thin Ice: Cracking down on the Racial Profiling of Immigrants and Implementing a Compassionate Enforcement Policy 6 Hastings Race and Poverty Law Journal 101 (Winter 2009) Since 2006 the United States Immigration and Customs Enforcement (ICE) has increasingly conducted workplace and residence raids as a prominent mechanism for the enforcement of immigration laws. According to the Immigration Policy Center, a nonprofit immigration think tank, the immigration reform debate's heavy focus on undocumented immigration... 2009
Stephen H. Legomsky Portraits of the Undocumented Immigrant: a Dialogue 44 Georgia Law Review 65 (Fall, 2009) It has been fifty-six years since Henry Hart's classic article, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, introduced dialectic into the world of legal scholarship. His imaginary exchange between two legal scholars rooted out the arguments for and against a congressional power to insulate... 2009
Rachel Feller Preempting State E-verify Regulations: a Case Study of Arizona's Improper Legislation in the Field of "Immigration-related Employment Practices" 84 Washington Law Review 289 (May, 2009) Abstract: In 1996, Congress established E-Verify, a program that allows employers to confirm the employment eligibility of new hires by using a federal electronic database. Although the federal government makes the program voluntary for employers, some states and municipalities have enacted legislation requiring the program's use to prevent the... 2009
Stephen Lee Private Immigration Screening in the Workplace 61 Stanford Law Review 1103 (March, 2009) For over twenty years, our immigration laws have required employers to screen their workforces for unauthorized immigrants. But rather than punish employers for failing to carry out these duties, the Department of Homeland Security (DHS) has worked with employers to identify unauthorized workers for removal--even where it is abundantly clear that... 2009
Donald S. Dobkin Race and the Shaping of U.s. Immigration Policy 28 Chicana/o-Latina/o Law Review 19 (2009) The date is October 13, 2004, some 147 years after Chief Justice Roger Taney and the infamous Dred Scott case. Representing the United States government, Deputy Solicitor General Edwin Kneedler, stands before the United States Supreme Court and tells the Court that the nation needs to protect its borders and in doing so some noncitizens must be... 2009
Diana R. Podgorny Rethinking the Increased Focus on Penal Measures in Immigration Law as Reflected in the Expansion of the "Aggravated Felony" Concept 99 Journal of Criminal Law and Criminology 287 (Winter 2009) This Comment discusses how the Immigration Acts of 1996 have focused on poor predictors of character and how they have created inconsistency in immigration law, increased litigation, and heightened incentives for illegality and dishonesty. First, the Comment discusses the current state of the criminal provisions present in immigration law. Then, it... 2009
Pratheepan Gulasekaram , Rose Cuison Villazor Sanctuary Policies & Immigration Federalism: a Dialectic Analysis 55 Wayne Law Review 1683 (Winter, 2009) Introduction. 1683 I. The San Francisco Sanctuary Ordinance. 1687 II. San Francisco's Ordinance, 8 U.S.C. § 1373, and Preemption Analysis. 1691 A. Political Showdown. 1692 B. Preemption Analysis: Doctrinal Framework. 1697 III. Sub-Federal Immigration Regulation and Preemption Doctrine. 1707 A. Local Matters Versus Local Immigration Regulation. 1707... 2009
Claire A. Smearman Second Wives' Club: Mapping the Impact of Polygamy in U.s. Immigration Law 27 Berkeley Journal of International Law 382 (2009) Polygamy played a role in the development of United States immigration law from its very inception. Concerns about the polygamous marriage practices of Chinese immigrants flooding into California in the mid-nineteenth century fueled the passage of early anti-immigrant statutes, with predictions that the immoral Chinese, with their tradition of... 2009
Micaela Schuneman Seven Years of Bad Luck: How the Government's Delay in Issuing U-visa Regulations Further Victimized Immigrant Crime Victims 12 Journal of Gender, Race and Justice 465 (Winter 2009) In June 2001, Sai Maddi, an Indian national who had a U.S. employment visa, was charged with attempted murder for biting, burning, and beating his wife. Maddi's wife, Sireesha Pesala, wanted to stay in New Jersey to testify against her husband, but her U.S. immigration status was based on, or derivative of, her husband's visa. This derivative... 2009
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