| Author | Title | Citation | Summary | Year |
| Lorraine Schmall |
U.s. Internal Immigration Enforcement: Not a Model but an Alarum |
1 Wake Forest Journal of Law and Policy 157 (April, 2011) |
Despite or because of geopolitical and demographic realities, nativism in the United States and the European Union has been one response to immigration during difficult current economic cycles. A global recession means more people in the destination countries are uncharacteristically unemployed. Citizens and their political representatives are wary... |
2011 |
| Monika Batra Kashyap |
U.s. Settler Colonialism, White Supremacy, and the Racially Disparate Impacts of Covid-19 |
11 California Law Review Online 517 (November, 2020) |
This Essay contextualizes the racially disproportionate impacts of COVID-19 in the United States within a framework of settler colonialism in order to broaden the understanding of how structural inequality is produced, imposed, and maintained. A settler colonialism framework recognizes that the United States is a present-day settler colonial... |
2020 |
| Anna Natalie Rol |
U.s. Vs. Them: a Perspective on U.s. Immigration Law Arising from United States V. Rosales-garcia and the Combination of Imprisonment and Deportation |
90 Denver University Law Review 769 (2012) |
This Comment centers on immigration law, specifically, U.S. immigration law. United States v. Rosales-Garcia, a recently published case from the Tenth Circuit, was the original diving board for the thoughts that follow. In Rosales-Garcia, Raul Rosales-Garcia (Rosales), an undocumented immigrant, had been deported following a state drug conviction... |
2012 |
| Sarah H. Lorr |
UNACCOMMODATED: HOW THE ADA FAILS PARENTS |
110 California Law Review 1315 (August, 2022) |
In 1990, Congress passed the Americans with Disabilities Act (ADA) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. Thirty years after this landmark law, discrimination and ingrained prejudices against individuals with intellectual disabilities--especially poor... |
2022 |
| Claire R. Thomas, Ernie Collette |
Unaccompanied and Excluded from Food Security: a Call for the Inclusion of Immigrant Youth Twenty Years after Welfare Reform |
31 Georgetown Immigration Law Journal 197 (Winter, 2017) |
The young public interest attorney and her client, an immigrant teenager, sat side by side in a dimly light conference room in a community-based organization in Harlem. In front of them, on the table, sat a loose-leaf sheet of paper with four columns and a big black line in between the second and third columns. Above the first and second columns,... |
2017 |
| Claire R. Thomas, Ernie Collette |
Unaccompanied and Excluded from Food Security: a Call for the Inclusion of Immigrant Youth Twenty Years after Welfare Reform |
31 Georgetown Immigration Law Journal 53 (Fall, 2016) |
NOTE: Please refer to the revised article cited 31 Geo. Immigr. L.J. 197. The young public interest attorney and her client, an immigrant teenager, sat side by side in a dimly light conference room in a community-based organization in Harlem. In front of them, on the table, sat a loose-leaf sheet of paper with four columns and a big black line in... |
2016 |
| Peter Margulies |
Uncertain Arrivals: Immigration, Terror, and Democracy after September 11 |
2002 Utah Law Review 481 (2002) |
American immigration law has struggled to balance two crucial values: democracy and security. Historically, national imagery celebrates immigration's role in renewing democracy. Yet, apprehension about the risks of immigration has also fueled recurring concerns about the security of American institutions. The tragic events of September 11, 2001... |
2002 |
| 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 |
| Francisco Valdes |
Under Construction: Latcrit Consciousness, Community, and Theory |
10 La Raza Law Journal L.J. 1 (Spring 1998) |
C1-3Table of Contents Introduction. 3 I. Race, Ethnicity & Nationhood: Latina/o Position and Identity in Law and Society. 10 A. The Utility of LatCrit Narratives. 11 B. Beyond the Black/White Paradigm. 17 II. Policy, Politics & Praxis: Latinas/os Under the Rule of Anglo-American Law. 25 A. Equality in Law and Life. 25 B. Immigration, Borders, and... |
1998 |
| Francisco Valdes |
Under Construction: Latcrit Consciousness, Community, and Theory |
85 California Law Review 1087 (October, 1997) |
C1-3Table of Contents Introduction. 1089 I. Race, Ethnicity & Nationhood: Latina/o Position and Identity in Law and Society. 1096 A. The Utility of LatCrit Narratives. 1097 B. Beyond the Black/White Paradigm. 1103 II. Policy, Politics & Praxis: Latinas/os Under the Rule of Anglo-American Law. 1111 A. Equality in Law and Life. 1111 B. Immigration,... |
1997 |
| Ariana Sañudo-Kretzmann |
Under Ice: the 'Bed Quota' and Political Rhetoric in American Immigrant Detention |
27 Southern California Review of Law & Social Justice 113 (Spring, 2018) |
They should call this place the jail of broken dreams. - Nilson Flores, detainee at Stewart Detention Center Detention of a migrant should be a matter of last resort. It should be an exception, not the rule. The thought that someone who is expressing fear of being killed in his home country, that we would put that person in a jail-like setting,... |
2018 |
| Christopher N. Lasch , R. Linus Chan , Ingrid V. Eagly , Dina Francesca Haynes , Annie Lai , Elizabeth M. McCormick , Juliet P. Stumpf |
Understanding "Sanctuary Cities" |
59 Boston College Law Review 1703 (May, 2018) |
L1-2Introduction . L31705 I. The Rise of Crimmigration. 1712 A. President Trump's Promise to End Sanctuary Cities. 1713 B. Crimmigration's Origins. 1719 C. Crimmigration's Enforcement Mechanisms. 1723 1. The Criminal Alien Program. 1724 2. The 287(g) Program. 1725 3. ICE Administrative Warrants. 1728 4. The Secure Communities Program. 1730 5. Other... |
2018 |
| Eisha Jain |
Understanding Immigrant Protective Policies in Criminal Justice |
95 Texas Law Review See Also 161 (2017) |
Criminal penalties are meant to be the most severe type of state sanction. Today, however, collateral consequences--state-imposed civil penalties triggered by a conviction or even an arrest--can systemically outstrip the formal criminal sentence. Nowhere is this pattern more visible than in the immigration context, particularly where deportation... |
2017 |
| Emily Ryo |
Understanding Immigration Detention: Causes, Conditions, and Consequences |
15 Annual Review of Law and Social Science 97 (2019) |
immigration detention, immigration enforcement, civil confinement, criminal incarceration During the summer of 2018, the US government detained thousands of migrant parents and their separated children pursuant to its zero-tolerance policy at the United States-Mexico border. The ensuing media storm generated unprecedented public awareness about... |
2019 |
| Mohar Ray |
Undocumented Asian American Workers and State Wage Laws in the Aftermath of Hoffman Plastic Compounds |
13 Asian American Law Journal 91 (November, 2006) |
In 2002, the United States Supreme Court held in Hoffman Plastic Compounds v. NLRB that an undocumented immigrant employee who used false work-authorization documentation could not be awarded statutory back pay regarding his employment termination for lawful union activity. The Court's underlying premise lay in limiting the back pay remedy to be... |
2006 |
| Pauline Portillo |
Undocumented Crime Victims: Unheard, Unnumbered, and Unprotected |
20 Scholar: St. Mary's Law Review on Race and Social Justice 345 (2018) |
I. Introduction. 346 II. Background. 350 A. Mainstream Perceptions of Undocumented Immigrants. 350 B. Are Undocumented Individuals in Our Community Creating More Crime?. 353 III. Crimes Committed Against Immigrants. 354 A. Undocumented Victims Are Especially Vulnerable to Certain Crimes. 354 IV. Underreporting by Immigrant Crime Victims. 360 A.... |
2018 |
| Abigail Adelle Roman |
UNDOCUMENTED DOMESTIC WORKERS: A PENUMBRA IN THE WORKFORCE |
23 Scholar: St. Mary's Law Review on Race and Social Justice 153 (2021) |
Introduction. 154 I. Background Information. 159 A. The Historical Influx and Demand for Immigrant Workers in the United States. 159 II. Domestic Workers Subjected to Vulnerability. 164 A. Domestic Workers Are Subjected to Sexual Harassment. 166 B. Sexual Harassment and Lack of Labor Protections. 168 III. Consequences of Employing Undocumented... |
2021 |
| L. Darnell Weeden |
UNDOCUMENTED IMMIGRANT RESIDENTS HAVE A LIMITED CONSTITUTIONAL RIGHT TO A LIMITED OFFICIAL DRIVER'S LICENSE |
66 Howard Law Journal 643 (Spring, 2023) |
The issue to be addressed is whether undocumented resident immigrants who entered the United States illegally should be granted a limited suspect classification when seeking a state driver's license. Steven A. Camarota, the director of research at the Center for Immigration Studies, and Karen Zeigler, a demographer at the Center for Immigration... |
2023 |
| Wendy Andre |
Undocumented Immigrants and Their Personal Injury Actions: Keeping Immigration Policy out of Lost Wage Awards and Enforcing the Compensatory and Deterrent Functions of Tort Law |
13 Roger Williams University Law Review 530 (Spring 2008) |
Immigration is by definition a gesture of faith in social mobility. It is the expression in action of a positive belief in the possibility of a better life. It has thus contributed greatly to developing the spirit of personal betterment in American society and to strengthening the national confidence in change and the future. Such confidence, when... |
2008 |
| Jenifer M. Bosco |
Undocumented Immigrants, Economic Justice, and Welfare Reform in California |
8 Georgetown Immigration Law Journal 71 (Winter, 1994) |
California, Texas, and Florida have all struggled lately with what is perceived as the immigration problem. Deterring undocumented immigration is increasingly seen as a national priority, and one suggested method of deterrence is to deny undocumented immigrants access to state services. Yet certain rights of membership apply to all American... |
1994 |
| Chad Lieberman, Marc Brosseau |
Undocumented Workers and Lost Future Earnings |
43-NOV Colorado Lawyer 61 (November, 2014) |
Lost future earnings are a damages item based on future potential and unearned wages. Immigration issues become intertwined with litigation issues when an undocumented worker is an injured plaintiff seeking damages. This article explores whether undocumented workers may seek lost future earnings as a damages item in Colorado despite an inability to... |
2014 |
| Jared A. Goldstein |
Unfit for the Constitution: Nativism and the Constitution, from the Founding Fathers to Donald Trump |
20 University of Pennsylvania Journal of Constitutional Law 489 (February, 2018) |
The executive order on travel issued by President Donald Trump in January 2017 identified the foreigners who should be barred from entry as those who bear hostile attitudes toward the United States and its founding principles and who do not support the Constitution. As this Article shows, anti-immigrant movements have long used... |
2018 |
| Karla Mari McKanders |
Unforgiving of Those Who Trespass Against U.s.: State Laws Criminalizing Immigration Status |
12 Loyola Journal of Public Interest Law 331 (Spring 2011) |
Since around 2005, states and localities have been using criminal trespass laws to target undocumented immigrants for unlawful presence. In New Hampshire, California, and Florida, local police officers have used state criminal trespass laws to prosecute undocumented immigrants. For example, the New Hampshire criminal trespass laws provide that a... |
2011 |
| Lindsay Sain Jones , Goldburn P. Maynard, Jr. |
UNFULFILLED PROMISES OF THE FINTECH REVOLUTION |
111 California Law Review 801 (June, 2023) |
While financial technology (fintech) has the potential to make financial services more accessible and affordable, hope that technology alone can solve the complex issue of wealth inequality is misplaced. After all, fintech companies are still subject to the same market forces as traditional financial institutions, with little incentive to address... |
2023 |
| Rachel Johnson-Farias |
Uniquely Common: the Cruel Heritage of Separating Families of Color in the United States |
14 Harvard Law & Policy Review 531 (Summer, 2020) |
Headlines abound with news of migrant family separation at the United States-Mexico border. Many of those articles attribute the practice of family separation to recent policy shifts under the current administration. Though this administration's policies are especially cruel and punitive, they are not novel. The separation of Black families,... |
2020 |
| Rachel Gonzalez Settlage |
Uniquely Unhelpful: the U Visa's Disparate Treatment of Immigrant Victims of Domestic Violence |
68 Rutgers University Law Review 1747 (Summer, 2016) |
C1-2Table of Contents I. Introduction. 1748 II. Immigration Law and the Battered Immigrant. 1753 A. The Unique Vulnerabilities of Battered Immigrants and U.S. Immigration Law's Exacerbation of Abusive Situations. 1756 B. Congressional Efforts to Protect Battered Immigrants. 1759 1. The Battered Spouse Waiver for Conditional Permanent Residents.... |
2016 |
| Carolyn Waller, Linda M. Hoffman |
United States Immigration Law as a Foreign Policy Tool: the Beijing Crisis and the United States Response |
3 Georgetown Immigration Law Journal 313 (Fall, 1989) |
On June 3 and 4, 1989, Americans glimpsed history through the television set, as we have done so often. We watched young Chinese students demand democracy from the People's Republic of China (PRC). Although they were unclear as to how their call for democracy translated into viable political and economic changes, these people, led mostly by... |
1989 |
| James F. Smith |
United States Immigration Law as We Know It: El Clandestino, the American Gulag, Rounding up the Usual Suspects |
38 U.C. Davis Law Review 747 (March, 2005) |
Introduction. 748 I. Who Are Los Clandestinos? . 749 A. Pablo, Jose, and Maria. 752 1. Pablo. 752 2. Jose. 755 3. Maria. 756 B. Making Workers Fugitives. 757 II. Legislating the Fugitive Class. 764 A. Expanding the Grounds for Removal. 765 B. Restricting Relief from Removal. 770 C. Using Lengthy Detention to Coerce Waiver of the Right to a... |
2005 |
| VICTOR C. ROMERO |
United States Immigration Policy: Contract or Human Rights Law? |
32 Nova Law Review 309 (Spring, 2008) |
All nations distinguish between their citizens and others. In the United States, the primary set of laws for determining these distinctions is found in our immigration policy. The term immigration law refers to a rather narrow set of rules covering essentially two aspects of a non-citizen's stay in the United States: first, those rules that... |
2008 |
| Beverly Baker-Kelly |
United States Immigration: a Wake up Call! |
37 Howard Law Journal 283 (Winter, 1994) |
The purpose of this paper is to issue a wake-up call without sounding an alarm. The immigration debate has become so polarized and politicized that certain fundamental issues have escaped serious scrutiny. This paper encapsulates a few of the sometimes intractable issues raised by immigration with the hope that it triggers substantive public... |
1994 |
| Daniel R. Schutrum-Boward |
United States V. Texas and Supreme Court Immigration Jurisprudence: a Delineation of Acceptable Immigration Policy Unilaterally Created by the Executive Branch |
76 Maryland Law Review 1193 (2017) |
The United States has become increasingly dependent on immigrants. Immigrants aid in providing U.S. citizens with a myriad of services, making possible crucial aspects of our lives. However, many of these hardworking individuals remain undocumented and, therefore, live with the constant possibility of being detained by immigration authorities,... |
2017 |
| Hana E. Brown , Jennifer A. Jones , Taylor Dow |
Unity in the Struggle: Immigration and the South's Emerging Civil Rights Consensus |
79 Law and Contemporary Problems Probs. 5 (2016) |
In October of 2015, North Carolina Governor Pat McCrory signed into law a bill that banned counties and cities in the state from declaring themselves sanctuaries for undocumented immigrants. Though they take many forms, self-declared sanctuary cities typically refuse to allocate municipal funds or resources toward immigration enforcement efforts... |
2016 |
| Lindsay F. Wiley |
UNIVERSALISM, VULNERABILITY, AND HEALTH JUSTICE |
70 UCLA Law Review Discourse 204 (5/27/2023) |
This Essay responds to two recent articles which, on the surface, appear to pull the health justice movement in different directions: Angela Harris and Aysha Pamukcu's The Civil Rights of Health and Martha Albertson Fineman's Vulnerability and Social Justice. As a framework for health law scholarship and advocacy, health justice emphasizes... |
2023 |
| Linus Chan |
Unjust Deserts: How the Modern Immigration System Lacks Moral Credibility |
16 Ohio State Journal of Criminal Law 103 (Fall, 2018) |
On February 26, 2018, the mayor of Oakland decided to give a warning to residents of the North Bay of an impending action by Immigration and Customs Enforcement to find and arrest non-citizens for removal from the United States. Her office posted a statement on Twitter which among other things said, My priority is for the well-being and safety of... |
2018 |
| Molly F. Franck |
Unlawful Arrests and Over-detention of America's Immigrants: What the Federal Government Can Do to Eliminate State and Local Abuse of Immigration Detainers |
9 Hastings Race and Poverty Law Journal 55 (Winter 2012) |
Marcotulio Mendez was a twenty-eight year-old Latino male who lived in Palm Beach County, Florida. One day while Marcotulio was driving home, a police officer from the Sheriff's Office began discretely following him, just a few blocks before Marcotulio reached his residence. Once Marcotulio exited the car and entered his yard, the officer turned on... |
2012 |
| Sarah Ganty , Dimitry V. Kochenov , Suryapratim Roy |
UNLAWFUL NATIONALITY-BASED BANS FROM THE SCHENGEN ZONE: POLAND, FINLAND, AND THE BALTIC STATES AGAINST RUSSIAN CITIZENS AND EU LAW |
48 Yale Journal of International Law Online 1 (2023) |
In this Essay, we demonstrate that there is no legal way under current European Union (EU, the Union) law to adopt a citizenship-based ban on entering the Schengen zone. The de facto national-level ban against Russian citizens introduced by Poland, Finland, and the Baltic States breaches EU law. Further, amending the law to allow for a... |
2023 |
| Jason H. Lee |
Unlawful Status as a "Constitutional Irrelevancy"?: the Equal Protection Rights of Illegal Immigrants |
39 Golden Gate University Law Review Rev. 1 (Fall 2008) |
In 1982, the Supreme Court decided Plyler v. Doe, the first and only case in which it has addressed the level of scrutiny applicable to state classifications of illegal immigrants under the Equal Protection Clause of the Fourteenth Amendment. In a complex and internally incoherent opinion, the Court declared that unlawful status is not a... |
2008 |
| Gurjot Kaur, Dana Sussman |
Unlocking the Power and Possibility of Local Enforcement of Human and Civil Rights: Lessons Learned from the Nyc Commission on Human Rights |
51 Columbia Human Rights Law Review 582 (Winter, 2020) |
If you ask most people in the United States where to go to file a complaint of discrimination or receive assistance from the government in addressing discrimination, chances are that they will not likely be able to tell you. For those who do have some familiarity, they may point to the United States Equal Employment Opportunity Commission (EEOC),... |
2020 |
| Regina Morris |
Unmet Legal Needs of Dc Immigrants: How Substantive and Procedural Changes in the Laws Restrict Liberty and Deny Access to Justice |
5 University of the District of Columbia Law Review 205 (Fall 2000) |
. . .[W]ith liberty and justice for all. The promise of social justice in America requires access to the legal system for both newly arrived and well established residents. However, recent substantive and procedural restrictions in the form of new laws have produced a huge unmet legal need within immigrant populations in the District of... |
2000 |
| Mariela Olivares |
Unreformed: Towards Gender Equality in Immigration Law |
18 Chapman Law Review 419 (Spring 2015) |
The history of American immigration law and policy has hills and valleys, twists and turns. When it comes to the inclusion and exclusion of socially and politically marginalized communities into the fabric of U.S. citizenship and society, U.S. immigration law is characterized by its inhospitality. Not surprising when considered against the backdrop... |
2015 |
| Jennifer M. Chacón |
Unsecured Borders: Immigration Restrictions, Crime Control and National Security |
39 Connecticut Law Review 1827 (July, 2007) |
In this Article, I explore the origins and consequences of the blurred boundaries between immigration control, crime control and national security, specifically as related to the removal of non-citizens. Part II of this Article focuses on the question of how immigration control and crime control issues have come to be subsumed by national security... |
2007 |
| César Cuauhtémoc García Hernández |
Unseen Exclusions in Voting and Immigration Law |
17 Berkeley Journal of African-American Law & Policy 168 (2015) |
Nineteen sixty-five proved monumental in the history of race relations in the United States. In New York, Malcolm X was assassinated, while in Selma, Alabama, state police officers attacked civil rights marchers in what would come to be known as Bloody Sunday. That fall, Congress enacted two pieces of legislation that promised to alter the United... |
2015 |
| Jaclyn Kelley-Widmer |
UNSEEN POLICIES: TRUMP'S LITTLE-KNOWN IMMIGRATION RULES AS EXECUTIVE POWER GRAB |
35 Georgetown Immigration Law Journal 801 (Spring, 2021) |
Throughout the Trump presidency, immigration horror stories riveted Americans and people across the globe. Over the past four years, splashy headlines highlighted the United States government's dehumanization and penalization of immigrants, from travel bans, to family separation, to the Wall. These stories not only captured public attention but... |
2021 |
| 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 |
| Monika Batra Kashyap |
Unsettling Immigration Laws: Settler Colonialism and the U.s. Immigration Legal System |
46 Fordham Urban Law Journal 548 (June, 2019) |
This Article flows from the premise that the United States is a present-day settler colonial society whose laws and policies function to support an ongoing structure of invasion called settler colonialism, which operates through the processes of Indigenous elimination and the subordination of racialized outsiders. At a time when U.S. immigration... |
2019 |
| Sherally Munshi |
UNSETTLING THE BORDER |
67 UCLA Law Review 1720 (April, 2021) |
When scholars and lawmakers ask who should be allowed to cross borders, under what circumstances, on what ground, they often leave unexamined the historical formation of the border itself. National borders are taken for granted as the backdrop against which normative debates unfold. This Article intervenes in contemporary debates about border... |
2021 |
| Khaled A. Beydoun , Nura A. Sediqe |
UNVEILING: THE LAW OF GENDERED ISLAMOPHOBIA |
111 California Law Review 465 (April, 2023) |
For far too long, unveiling has been the subject of imperial fetish and Muslim women the expedients for western war. This Article reclaims the term and serves the liberatory mission of reimagining how Islamophobia distinctly impacts Muslim women. By crafting a theory of gendered Islamophobia centering Muslim women rooted in law, this Article... |
2023 |
| Kristin Connor |
Updating Brignoni-ponce: a Critical Analysis of Race-based Immigration Enforcement |
11 NYU Journal of Legislation and Public Policy 567 (2008) |
Introduction. 568 I. Current Law on the Permissible Use of Race in Immigration Enforcement. 570 A. Search and Seizure Standard for Police Stops. 570 B. Brignoni-Ponce: Reasonable Suspicion and Permissibility of Race as One of Many Factors. 572 C. Martinez-Fuerte: Rejecting Stigmatization Concerns and Allowing Secondary Checkpoint Stops without... |
2008 |
| John A. Powell , Eloy Toppin, Jr. |
UPROOTING AUTHORITARIANISM: DECONSTRUCTING THE STORIES BEHIND NARROW IDENTITIES AND BUILDING A SOCIETY OF BELONGING |
11 Columbia Journal of Race and Law 1 (January, 2021) |
Authoritarianism is on the rise globally, threatening democratic society and ushering in an era of extreme division. Most analyses and proposals for challenging authoritarianism leave intact the underlying foundations that give rise to this social phenomenon because they rely on a decontextualized intergroup dynamic theory. This Article argues that... |
2021 |
| Michael S. Shaddix |
Usda Certified Legal Producers: a Program to Give Consumers a Voice and a Choice in Immigration Reform |
21 San Joaquin Agricultural Law Review 291 (2011-2012) |
The illegal immigration of Mexican farm workers into the United States is a complex and far-reaching issue that affects businesses, consumers, and immigrants alike. In fact, the illegal immigration issue is the impetus behind vast amounts of proposed legislation at the local, state and national levels, with seventy-five percent of Americans... |
2012 |