| Author | Title | Citation | Summary | Year |
| 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 |
| Eileen Kaufman |
Shelter from the Storm: an Analysis of U.s. Refugee Law as Applied to Tibetans Formerly Residing in India |
23 Georgetown Immigration Law Journal 497 (Spring, 2009) |
I. Introduction & Representative Case Study. 498 II. Immigration Law, the Theory of Asylum, and the Firm Resettlement Doctrine. 505 A. Immigration Law as a Rule of Regulation/Exclusion. 505 B. Asylum as an Exception to the Rule of Exclusion. 506 1. Theory of Asylum. 506 2. Sources of Law: International Conventions and Domestic Law. 509 C. Doctrine... |
2009 |
| Andrea Barton |
Sitting on Ellis Island: the Fate of Disparate Immigration Policies in the Wake of the Guantanamo Bay Cases |
23 Notre Dame Journal of Law, Ethics & Public Policy 233 (2009) |
In the early morning hours of December 5, 2007, a light snow fell just before sun break on the steps of Supreme Court plaza in Washington, D.C. and on seventy-three sleeping spectators camped out waiting in the hope of securing one of the few public seats for oral arguments the next day in what was assured to be an historic day in the Court. The... |
2009 |
| Rhonda V. Magee |
Slavery as Immigration? |
44 University of San Francisco Law Review 273 (Fall 2009) |
As an African-American woman and legal scholar, I have long been troubled by the absence of sustained discourse within the legal academy on the legacies of American chattel slavery and its multifaceted impact on contemporary U.S. law and policy. Since entering the academy, I have puzzled, mostly in silence, over the continued absence of scholarship... |
2009 |
| L. Darnell Weeden |
Standing and Speaking Constitutional Truth to Local Power Regarding Undocumented Immigrant Residents Dwelling with We the People of the United States |
34 Southern Illinois University Law Journal 55 (Fall, 2009) |
We the People of the United States, in order to establish a more perfect Union with justice and fairness for all persons, shall promote domestic tranquility by giving voice and constitutional protections to those undocumented immigrants dwelling with us. This article will consider the logic of recent policies involving laws targeting undocumented... |
2009 |
| Timothy A. Newman |
Standing to Challenge State and Local Immigration Regulation: How the Notion of Expressive Injury Can Restore Federal Power over Immigration |
17 William & Mary Bill of Rights Journal 1215 (May, 2009) |
John Doe 1 was a tenant in Hazleton, Pennsylvania, in September, 2006. Because he was not a United States citizen or permanent legal resident, he was confident the United States government could deport him at any time. But the city council of the town he called home, and not the federal government, was the first to take action against him. Most are... |
2009 |
| Seth M.M. Stodder , Nicolle Sciara Rippeon |
State and Local Governments and Immigration Laws |
41 Urban Lawyer 387 (Summer, 2009) |
The United States Supreme Court has repeatedly held that the authority to control immigration . is vested solely in the Federal government. The Court has linked this exclusive power to Article I of the Constitution, which grants Congress the authority to establish an uniform Rule of Naturalization and to regulate Commerce with foreign... |
2009 |
| Nchimunya D. Ndulo |
State Employer Sanctions Laws and the Federal Preemption Doctrine: the Legal Arizona Workers Act Revisited |
18 Cornell Journal of Law & Public Policy 849 (Summer 2009) |
As the desire to seize upon employment opportunities within the United States persists, illegal immigration continues to rise. Some states are disproportionately affected by this phenomenon, and as a result, frustration continues to mount in response to what is perceived as an ineffective attempt by the federal government to regulate illegal... |
2009 |
| Pratheepan Gulasekaram |
Sub-national Immigration Regulation and the Pursuit of Cultural Cohesion |
77 University of Cincinnati Law Review 1441 (Summer 2009) |
Introduction. 1443 I. Sub-national Legislation and the Importance of Cultural Cohesion. 1448 A. The Relationship Between National Border Control and Sub-national Immigration Regulation. 1449 B. The Importance of Cultural Cohesion and Continuity. 1451 II. Proscriptions on Sub-national Pursuit of Cultural Cohesion Through Closure. 1456 A. Cultural... |
2009 |
| Kevin R. Johnson |
Ten Guiding Principles for Truly Comprehensive Immigration Reform: a Blueprint |
55 Wayne Law Review 1599 (Winter, 2009) |
I. Introduction. 1600 II. The Ten Guiding Principles. 1610 A. U.S. Immigration Laws Must Recognize that Migration Between Nations is Primarily Driven by Economic Opportunity and Labor Supply and Demand in the United States. 1610 B. U.S. Immigration Laws Must Be Enforceable. 1617 C. Immigration Law Must Fairly Treat Immigrants. 1620 D. Immigration... |
2009 |
| Erin E. Stefonick |
The Alienability of Alien Suffrage: Taxation Without Representation in 2009 |
10 Florida Coastal Law Review 691 (Summer 2009) |
The history of immigration in the United States of America reaches beyond the establishment of the country itself. Beginning with the arrival of explorers, slaves, and the Pilgrims, there were a number of different ethnic groups that migrated to the United States. While the diversity ultimately helped shape America into a culturally rich nation,... |
2009 |
| Paul Spruhan |
The Canadian Indian Free Passage Right: the Last Stronghold of Explicit Race Restriction in United States Immigration Law |
85 North Dakota Law Review 301 (2009) |
Peter Roberts had a problem. A Canadian citizen and a member of the Campbell River Band of Canadian Indians, Roberts regularly crossed the United States-Canada border to visit his property in Point Roberts, Washington. He had a green card, and had been crossing the border since he was a young boy with his family to visit relatives on the Lummi... |
2009 |
| Nicole E. Merritt |
The Conflicting Interests of Labor Demands and Employer Based Immigration Laws: Old Problems Require New Solutions |
11 Scholar: St. Mary's Law Review on Minority Issues 281 (Winter 2009) |
I. Introduction. 282 A. Origins of Employment Based Enforcement. 287 II. Legal Background. 289 III. Legal Analysis. 301 A. No-Match Letters: DHS's Plan to Strengthen the Laws on the Books . 301 1. Constructive Knowledge as It Currently Exists. 303 2. The Employee Verification Process. 309 3. Answering the Knowledge Question Through Electronic... |
2009 |
| Karla Mari McKanders |
The Constitutionality of State and Local Laws Targeting Immigrants |
31 University of Arkansas at Little Rock Law Review 579 (Summer Symposium 2009) |
This symposium is targeted at addressing current immigration issues across the country, specifically in Arkansas, and how lawyers can seek to achieve social justice for immigrants. There is currently much activity and discussion surrounding state and local laws that target immigrants. Central to this discussion is whether states and localities are... |
2009 |
| William R. Tamayo |
The Eeoc and Immigrant Workers |
44 University of San Francisco Law Review 253 (Fall 2009) |
I WANT TO THANK Professor Maria Ontiveros for inviting me to participate in this evening's event. I am honored to be on the program with Professor Juan Perea, one of this country's leading experts on labor law and national origin discrimination. He gave me quite a compliment when he cited one of my law review articles in one of his articles. I am... |
2009 |
| Kerry Abrams |
The Hidden Dimension of Nineteenth-century Immigration Law |
62 Vanderbilt Law Review 1353 (October, 2009) |
I. Introduction. 1353 II. Mercer's Two Voyages. 1362 III. The Legal Response: Refusal to Restrict. 1381 A. The Response in the East: Massachusetts. 1381 B. The Response in the West: Washington Territory. 1386 1. The Public Charge Exclusions. 1388 2. The Lewd and Debauched Women Exclusions. 1392 IV. The Productive Role of Law. 1401 A. Laws to... |
2009 |
| Adam Blank |
The Immigration Enforcement Multiplier: Examination of Ina Section 287(g) in Light of Florida's Memorandum of Understanding |
34 Nova Law Review 219 (Fall, 2009) |
I. Introduction. 220 II. Authority of State and Local Law Enforcement Regarding Federal Immigration Laws. 222 A. Scope of Police Powers Defined by Case Law. 222 B. 1996 Amendment to the Immigration and Nationality Act, Analysis of Section 287(g). 224 III. Overview of the Florida Memorandum of Understanding. 226 A. Purpose Behind the Formulation of... |
2009 |
| Kevin R. Johnson |
The Intersection of Race and Class in U.s. Immigration Law and Enforcement |
72 Law and Contemporary Problems Probs. 1 (Fall 2009) |
Since its emergence in the 1960s and 1970s, ethnic- (including white) studies scholarship has analyzed race and class as intertwined and interrelated. An inherently conservative discipline, law is notoriously resistant to scholarly change. As a result, legal scholarship often lags behind the cutting edge of other disciplines. Not surprisingly, only... |
2009 |
| Robert T. Senh |
The Liberty Rights of Resident Aliens: You Can't Always Get What You Want, but If You Try Sometimes, You Might Find, You Get What You Need |
11 Oregon Review of International Law 137 (2009) |
L1-2Introduction . L3138 I. The Unnecessary Doctrine of Plenary Power over Immigration. 141 II. Retooling the Debate. 145 A. Limiting the Definition of Immigration Law. 146 B. The Limits of Legal Citizenship. 147 C. The Personhood and Membership Paradigms. 148 D. Separation and Convergence Models. 150 III. Distributive Principles. 157 A.... |
2009 |
| Elizabeth McCormick |
The Oklahoma Taxpayer and Citizen Protection Act: Blowing off Steam or Setting Wildfires? |
23 Georgetown Immigration Law Journal 293 (Winter, 2009) |
This article considers Oklahoma's recent experiment in immigration regulation and examines how it is that Oklahoma has found itself on the front lines of the illegal immigration debate. The article begins with a discussion of the rich history of immigration to and immigrants in Oklahoma. It then attempts to unpack the evolution of Oklahoma's... |
2009 |
| 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 |
| 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 |
| 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 |
| 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 |
| Nina Rabin |
Unseen Prisoners: Women in Immigration Detention Facilities in Arizona |
23 Georgetown Immigration Law Journal 695 (Summer, 2009) |
L1-2Introduction . L3696 I. Background. 698 A. The Basics of Immigration Detention. 698 B. Women in Immigration Detention. 702 1. A Growing Population. 702 2. A Population with Distinctive Characteristics and Needs. 703 C. The Facilities. 703 D. Applicable Standards. 706 1. Detention Standards. 706 2. Other Applicable Standards. 707 3. Gender... |
2009 |
| James Duff Lyall |
Vigilante State: Reframing the Minuteman Project in American Politics and Culture |
23 Georgetown Immigration Law Journal 257 (Winter, 2009) |
Last spring, this journal published an essay by Jim Gilchrist, co-founder of the Minuteman Project. In that essay, Gilchrist argues that an illegal alien invasion (undocumented immigration) is to blame for a host of social ills--from crime, unemployment, pollution, and disease to traffic gridlock, high tuition costs, poor health care, and... |
2009 |
| Anna Williams Shavers |
Welcome to the Jungle: New Immigrants in the Meatpacking and Poultry Processing Industry |
5 Journal of Law, Economics & Policy 31 (Spring, 2009) |
I. Introduction. 31 II. Enter the Jungle: The Economics of Employing New Immigrants. 33 A. Immigration and the U.S. Workforce. 36 1. The Foreign-Born Workforce. 36 2. Black Americans and Immigration. 46 3. Taxes and Benefits. 48 B. The Meatpacking and Poultry Processing Industry. 52 1. The House of Swift. 52 2. The Changing Face of the Meatpacking... |
2009 |
| Huyen Pham |
When Immigration Borders Move |
61 Florida Law Review 1115 (December, 2009) |
With recent immigration enforcement efforts, we have created a completely new paradigm of moving borders: laws, enacted at all levels of government, that require proof of legal immigration status in order to obtain a driver's license, a job, rental housing, government need-based assistance, and numerous other essential benefits. Unlike the fixed... |
2009 |
| Keith Aoki , John Shuford , Kristy Young , Thomas Hwei |
(In)visible Cities: Three Local Government Models and Immigration Regulation |
10 Oregon Review of International Law 453 (2008) |
I. International Local Government Law and Three Local Government Models. 459 A. Setting the Stage. 459 B. Federalism and Constitutional Silence. 463 C. The City as Public or Private: Three Models of the Legitimate Scope and Type of Local Government Power. 472 1. The City as a Public De Facto Semi-Autonomous Polity. 472 2. A Hybrid Model:... |
2008 |
| Virginia Martinez, Jazmin Garcia, Jasmine Vasquez |
A Community under Siege: the Impact of Anti-immigrant Hysteria on Latinos |
2 DePaul Journal for Social Justice 101 (Fall 2008) |
In April 2006, a 16 year-old Mexican-American boy named David Ritcheson was savagely beaten, sodomized with a patio umbrella pole and burned repeatedly with a cigarette. One of the attackers, a skinhead, attempted to carve a swastika in his chest. This occurred at a party in a private home in a small town in Texas as a result of a disagreement over... |
2008 |
| Rick Su |
A Localist Reading of Local Immigration Regulations |
86 North Carolina Law Review 1619 (September, 2008) |
The conventional account of immigration regulations at the local level often assumes that the local is simply a new battleground in the national immigration debates. This Article questions that assumption. Foregrounding the legal rules that organize local governments and channel local action, this Article argues that the local immigration... |
2008 |