AuthorTitleCitationSummaryYear
L. Darnell Weeden We the People Should Extend Constitutional Protections to Undocumented Resident Immigrants Killed Unreasonably by the Police 44 Thurgood Marshall Law Review 187 (Spring, 2020) This article will discuss whether an undocumented resident immigrant residing in a community in the United States is entitled to basic due process rights. A question for consideration is whether an undocumented resident immigrant living in a community in the United States can be denied a basic right against unreasonable searches and seizures in a... 2020
Catherine Powell We the People: These United Divided States 40 Cardozo Law Review 2685 (August, 2019) C1-2Table of Contents Introduction. 2687 I. Adapting Ely's Notion of Correcting Political Market Failure. 2697 A. Immigrants' Rights: The Problem of Minority Underrepresentation. 2698 B. Climate Policy: The Problem of Regulatory Capture by Influential Economic Minorities. 2703 C. Immigration and Climate Policies: Informational Asymmetries and... 2019
Erin Griffard WEAKENING THE DEPORTATION PIPELINE BY ENCOURAGING LOCAL LAW ENFORCEMENT AGENCIES TO TERMINATE THEIR 287(G) AGREEMENTS: LOCAL STRATEGIES GROUNDED IN ADMINISTRATIVE AND MORAL IMPLICATIONS 36 Georgetown Immigration Law Journal 1087 (Spring, 2022) C1-3Table of Contents I. Introduction. 1088 II. Background on the 287(g) Program. 1089 A. Nuts and Bolts of 287(g) Agreements. 1089 B. Historical Background on 287(g) Agreements. 1093 1. 287(g) Agreements under the Trump Administration. 1094 2. 287(g) Agreements in the Biden Era. 1095 III. 287(g) Agreements Are Inherently Unjust, Ineffective, and... 2022
Mitchell F. Crusto Weeding out Injustice: Amnesty for Pot Offenders 47 Hastings Constitutional Law Quarterly 367 (Spring, 2020) The legalization of marijuana raises a quintessential jurisprudential question: Whether such laws apply retroactively to exonerate past pot offenders. The answer to this question affects millions of Americans who are suffering from the negative effects of past pot-related offenses. Some such offenders are serving life sentences without the... 2020
Patrick J. Charles Weighing the Constitutionality of State Immigration Verification Laws in the Wake of Arizona V. United States 27 Journal of Civil Rights & Economic Development 441 (Winter, 2014) In the wake of Arizona v. United States, it is settled that state immigration verification laws like Section 2(B) are facially constitutional. At the same time, the Supreme Court did not foreclose that Section 2(B) could be preempted in terms of its application, nor did the Court shield the law from subsequent civil rights litigation. Thus, the... 2014
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
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
Jennifer M. Pacella Welcoming the Unwanted: Italy's Response to the Immigration Phenomenon and European Union Involvement 25 Georgetown Immigration Law Journal 341 (Winter, 2011) In recent years, Italy has experienced a significant influx in the number of immigrants seeking to establish a new life in Europe. As a result, the nation is transforming from a traditionally homogenous society to one of varying races, religions, and backgrounds. As such a transformation occurs, anti-immigrant sentiment and xenophobia have surfaced... 2011
Kostas A. Poulakidas Welfare Reform and Immigration: Attempting to Find a Domestic Answer to a Global Question 6 Indiana Journal of Global Legal Studies 283 (Fall, 1998) Globalization and interdependence have become common terms among legislators and policymakers. The growing global interrelationship of economies, politics, technology, communications, and societal values are daily confrontations for local policymakers. The nature of these shifts are beyond the control of any single individual, locality, or nation.... 1998
Carol Wilson Well-founded Fear of Persecution-the Standard of Proof in Political Asylum Resolved, or Is It?: Ins V. Cardoza-fonseca 22 University of San Francisco Law Review 385 (Winter/Spring, 1988) THE UNITED STATES HAS long been a haven for aliens seeking refuge from persecution. Since the turn of the century, the United States has enacted a variety of laws affecting the admission of refugees. Current law under the Immigration and Nationality Act of 1952 (Act) provides two remedies for aliens seeking sanctuary in the United States. The... 1988
Alberto J. Perez Wet Foot, Dry Foot, No Foot: the Recurring Controversy Between Cubans, Haitians, and the United States Immigration Policy 28 Nova Law Review 437 (Winter 2004) I. Introduction. 437 II. Cuba and Emigration. 438 III. Haitian Emigration. 446 A. The Foundation of Haitian Emigration. 446 B. Laws Relating to Haitian Emigration. 450 IV. The Current Controversy Involving Cuban and Haitian Emigration. 454 V. Rational Basis Scrutiny as Applied to Alien Regulations and Their Constitutionality. 457 VI.... 2004
Carrie Rosenbaum What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law and Noncitizens 9 DePaul Journal for Social Justice Just. 1 (Summer, 2016) Deportation rates of Latino/a noncitizens are higher than their presence in immigrant communities in the United States. The fact that Latino/a noncitizens experience immigration policing and deportation at higher rates than other noncitizens is due, at least in part, to federal immigration enforcement's use of alleged criminality to identify... 2016
René K. Cousins What about Diversity? Historical Reappearance Proves to Be Stifling the Progress of a Diverse "Nation of Immigrants" 7 Southern Region Black Law Students Association Law Journal 15 (Spring 2013) American history is rampant with exclusionary acts and promulgations. This note acknowledges the recurring aversion toward immigration, particularly illegal immigration in the United States. From its earliest days of development, America was a nation of immigrants. Some of the first settlers on American soil sought economic opportunity, relief from... 2013
Tori DeLaney WHAT DO WE DO WITH YOU: HOW THE UNITED STATES USES RACIAL-GENDERED IMMIGRANT LABOR TO INFORM ITS IMMIGRANT INCLUSION-EXCLUSION CYCLE 92 University of Cincinnati Law Review 206 (10/20/2023) The United States has constructed and continues to enforce gender, race, and labor assumptions through the Immigration and Nationality Act's (INA) deportation rules. The United States crafted its immigration laws to be flexible enough to lean on and vilify immigrant labor depending on the nation's labor needs. Modern enforcement of the INA's... 2023
Matthew A. Light What Does it Mean to Control Migration? Soviet Mobility Policies in Comparative Perspective 37 Law and Social Inquiry 395 (Spring, 2012) The migration policies of the former Soviet Union (or USSR) included a virtual abolition of emigration and immigration, an effective ban on private travel abroad, and pervasive bureaucratic controls on internal migration. This article outlines this Soviet package of migration controls and assesses its historical and international distinctiveness... 2012
Sophia Brill , Senior Counsel to the Assistant Attorney General for National Security , National Security Division WHAT IS DOMESTIC TERRORISM AND WHY DOES THE DEFINITION MATTER? 71 Department of Justice Journal of Federal Law and Practice 7 (August, 2023) In recent years, U.S. law enforcement and intelligence agencies have reported a steady rise in threats from domestic terrorists and domestic violent extremists. The number of Federal Bureau of Investigation (FBI) investigations of suspected domestic violent extremists more than doubled between 2020 and 2021, in large part due to the January 6, 2021... 2023
Kelly McGee What's So Exceptional about Immigration and Family Law Exceptionalism? An Analysis of Canonical Family and Immigration Law as Reflective of American Nationalism 20 Georgetown Journal of Gender and the Law 699 (Symposium, 2019) Introduction 699 I. Immigration and Family Law Canon Intersect 701 II. Survived and Punished: A Corrective Lens 701 III. Immigration Law Exceptionalism 702 A. Family Unity Narratives 704 B. A Blurred Line: Family and Immigration Law 706 IV. Family Law Exceptionalism 707 A. The Failed Promise Of Parental Rights: Family Law Exceptionalism and the... 2019
Hila Shamir What's the Border Got to Do with It? How Immigration Regimes Affect Familial Care Provision--a Comparative Analysis 19 American University Journal of Gender, Social Policy and the Law 601 (2011) I. Introduction. 602 II. Importing Care. 607 A. Feminist Approaches to Paid In-Home Care Work. 608 B. Feminist Approaches to Migrant Care Work. 611 C. Legal Distributive Analysis of Care Work. 615 D. Given the informal character of care work what does legal analysis have to contribute to it?. 616 III. The State, the Family, and the Market: A Legal... 2011
Sophie Kosmacher WHEN DOES QUESTIONING RELATED TO IMMIGRATION STATUS CONSTITUTE A MIRANDA INTERROGATION? 69 UCLA Law Review Discourse 80 (2021) This Essay puts forward a two-element argument that noncitizen defendants can use to establish that they have been interrogated for Miranda purposes when they have been questioned about their immigration status by Immigration and Customs Enforcement (ICE) officers. I examine the briefing and decision in one defendant's case to illustrate why this... 2021
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
Ange-Marie Hancock When Is Fear for One's Life Race-gendered? An Intersectional Analysis of the Bureau of Immigration Appeals's in re A-r-c-g- Decision 83 Fordham Law Review 2977 (May, 2015) In August 2014, the U.S. Board of Immigration Appeals (BIA) handed down a breakthrough decision, In re A-R-C-G-, permitting courts to consider domestic violence as a gendered form of persecution in a home country and thus grounds for asylum in the United States. Along with two other 2014 decisions, In re W-G-R- and In re M-E-V-G-, this case... 2015
Liav Orgad WHEN IS IMMIGRATION SELECTION DISCRIMINATORY? 115 AJIL Unbound 345 (2021) Managing global migration is one of the most pressing issues of our time. Traditionally, international law has not generally regulated immigration and citizenship law; it defers to state authority in setting up rules and procedures for entry into the territory and citizenry. The lack of clear regulation--and a commonly accepted methodology on how... 2021
Beth Lyon When More "Security" Equals less Workplace Safety: Reconsidering U.s. Laws That Disadvantage Unauthorized Workers 6 University of Pennsylvania Journal of Labor and Employment Law 571 (Spring 2004) In the search for security, the United States is obscuring rights for low-income immigrant workers, and in so doing is sacrificing its own workplace safety. Poverty and unemployment all over the world drive millions of people to the United States in search of jobs, meeting strong employer demand for low-wage labor. As a result, the United States is... 2004
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
William Ortman When Plea Bargaining Became Normal 100 Boston University Law Review 1435 (September, 2020) Plea bargaining is the criminal justice system, the Supreme Court tells us, but how did it get to be that way? Existing scholarship tells only part of the story. It demonstrates that plea bargaining emerged in the nineteenth century as a response to (depending on one's theory) increasing caseloads, expanding trial procedures, or professionalizing... 2020
George Shepherd When Should a Person's Name Be Removed from a Monument? A Proposed Standard and its Application to the Yerkes National Primate Research Center 51 University of Toledo Law Review 249 (Winter, 2020) A contentious issue is the conditions under which offensive monuments should be removed, and controversial names should be eliminated from buildings and organizations. I first develop a standard for determining when a monument or name should be removed. Then, as a case study, I examine whether Emory University should remove the name of Robert M.... 2020
William R. Tamayo When the "Coloreds" Are Neither Black Nor Citizens: the United States Civil Rights Movement and Global Migration 2 Asian Law Journal L.J. 1 (May 1, 1995) In this time of great national concern over the control of American borders and the legal and social status of immigrants, the traditional Civil Rights Movement is at a crucial stage. In this Article, the author finds that the Civil Rights Movement, which operates in a primarily Black v. white paradigm, is ill-equipped to deal with an... 1995
Sarah Lamdan When Westlaw Fuels Ice Surveillance: Legal Ethics in the Era of Big Data Policing 43 New York University Review of Law and Social Change 255 (2019) Legal research companies are selling surveillance data and services to U.S. Immigration and Customs Enforcement (ICE) and other law enforcement agencies. This Article discusses ethical issues that arise when lawyers buy and use legal research services sold by the same vendors responsible for building ICE's surveillance systems. As the legal... 2019
Vivian Chang Where Do We Go from Here: Plea Colloquy Warnings and Immigration Consequences Post-padilla 45 University of Michigan Journal of Law Reform 189 (Fall 2011) Although deportation can sometimes represent a more serious consequence for a non-citizen defendant than some criminal sanctions, deportation has traditionally been viewed as a purely civil matter. This is well reflected in criminal law, where the threat of deportation has typically been categorized as a collateral consequence of criminal activity.... 2011
Stephanie Groff Where to Draw the Line: the Egregiousness Standard in the Application of the Fourth Amendment in Immigration Proceedings and the Racial Profiling Exception 26 George Mason University Civil Rights Law Journal 87 (Fall 2015) In the early morning of September 19, 2006, a large group of men gathered in Kennedy Park, Danbury, Connecticut, seeking work as day laborers. Unbeknownst to these individuals, the Danbury Police Department (DPD) and Immigration and Customs Enforcement (ICE) agents began arriving at the park with the intention of carrying out a sting operation. The... 2015
Erika K. Wilson WHITE CITIES, WHITE SCHOOLS 123 Columbia Law Review 1221 (June, 2023) Across the country, violent tactics were employed to create and maintain all-white municipalities. The legacy of that violence endures today. An underexamined space in which that violence endures is within school districts. Many school district boundary lines encompass geographic areas that were created as whites-only municipalities through both... 2023
Jayashri Srikantiah, Shirin Sinnar White Nationalism as Immigration Policy 71 Stanford Law Review Online 197 (March, 2019) Two years into the Trump presidency, white nationalism may be driving the Administration's immigration policy. We view white nationalism as the belief that national identity should be built around white ethnicity, and that white people should therefore maintain both a demographic majority and dominance of the nation's culture and public life. We... 2019
Marion Crain Whitewashed Labor Law, Skinwalking Unions 23 Berkeley Journal of Employment and Labor Law 211 (2002) I. Introduction. 212 II. Class Solidarity Means White Solidarity: Race-Neutral Organizing. 216 A. Slavery's Legacy. 217 B. White Privilege. 219 C. Colorblind Organizing Ideology. 221 III. An Alternative Ideology: Civil Rights Unionism. 223 A. Struggles for Racial/Economic Justice. 224 B. Immigrant Organizing. 228 IV. Colorblind Organizing... 2002
Hiroshi Motomura Who Belongs?: Immigration Outside the Law and the Idea of Americans in Waiting 2 UC Irvine Law Review 359 (February, 2012) I. Borders, Equality, and Integration. 361 A. Plyler v. Doe. 361 B. Borders Versus Equality. 363 C. Reconciling Borders with Equality. 365 D. The Role of Integration. 365 II. Immigration, Citizenship, Race, and Integration. 368 A. The Burdens of History. 368 B. The Cycle of Skepticism. 371 III. Integration and Immigration Outside the Law. 373 A.... 2012
Margot Canaday Who Is a Homosexual?: the Consolidation of Sexual Identities in Mid-twentieth-century American Immigration Law 28 Law and Social Inquiry 351 (Spring 2003) This essay uses court records to trace the federal government's attempts to regulate homosexuality among immigrants in the mid-twentieth century, asserting that such attempts illustrate the state's struggle to make homosexuality visible, to produce a homosexuality that could be both detected and managed. I focus on the process by which two... 2003
Jin Niu Who Is an American Soldier? Military Service and Membership in the Polity 95 New York University Law Review 1475 (November, 2020) The military is one of the most powerful institutions to define membership in the American polity. Throughout this country's history, noncitizens, immigrants, and outsiders have been called to serve in exchange for the privileges of citizenship and recognition. At its height, the idea that service constitutes citizenship--which this Note calls... 2020
Farhad Ghaussy Who Protects the Stranger? The French Dual Court System Confronts the Politics of Immigration: a Critique of the Tribunal Des Conflits' Decision of May 12, 1997 7 UCLA Journal of International Law and Foreign Affairs Aff. 1 (Spring/Summer 2002) On May 12, 1997 the French Tribunal des Conflits rendered a controversial decision limiting exclusive judicial power to protect civil liberties. The Court freed administrative hands of matters regarding illegal entry into France, limiting judicial intervention to cases that involve a flagrant irregularity. Even more controversially, the court... 2002
Hiroshi Motomura Whose Alien Nation?: Two Models of Constitutional Immigration Law 94 Michigan Law Review 1927 (May, 1996) Who is an American, and how do we choose new Americans? Immigration law and policy try to answer these questions, and so it is no wonder the immigration debate attracts so much public attention. After all, it represents our public attempt to define ourselves as a community, and to decide what we ask of those who want to join our ranks. The stream... 1996
Tera Rica Murdock Whose Child Is This?: Genetic Analysis and Family Reunification Immigration in France 41 Vanderbilt Journal of Transnational Law 1503 (November, 2008) In an attempt to limit fraudulent family reunification immigration and control how many migrants enter its borders, France statutorily implemented the use of DNA testing in family reunification immigration in late 2007. Where an immigrating child possesses suspicious documentation, and the child is seeking to reunite with his or her mother in... 2008
Reviewed by Hiroshi Motomura Whose Immigration Law?: Citizens, Aliens, and the Constitution 97 Columbia Law Review 1567 (June 1, 1997) In Strangers to the Constitution, Professor Gerald Neuman explores the constitutional foundations of immigration law and aliens' rights in the United States. In this Essay, Professor Motomura explains that while Neuman makes a pathbreaking contribution to immigration law scholarship, much of his persuasiveness depends on two key premises. First,... 1997
Kori Cooper Why and How U.s. Law Schools Ought to Promote Inclusion of Black Scholars and Legal Practitioners in Chinese Legal Studies Programs 120 Columbia Law Review Forum 250 (11/20/2020) Recent developments, such as incidents of legalized discrimination against Black expatriates, tourists, and students in China, raise questions about why Black scholars and legal practitioners are largely absent from global debate over how China's laws and legal institutions function. Despite the Supreme Court's opinion that U.S. law schools and the... 2020
Eleanor Marie Lawrence Brown WHY BLACK HOMEOWNERS ARE MORE LIKELY TO BE CARIBBEAN AMERICAN THAN AFRICAN AMERICAN IN NEW YORK: A THEORY OF HOW EARLY WEST INDIAN MIGRANTS BROKE RACIAL CARTELS IN HOUSING 61 American Journal of Legal History 3 (March, 2021) Why are the Black brownstone owners and landlords in Harlem and Brooklyn disproportionately West Indian? For students of housing discrimination, Black West Indian Americans have long presented a quandary. West Indian Americans generally own and rent higher quality housing than African Americans. These advantages began long ago. For example, when... 2021
Colm Ó Cinnéide WHY CHALLENGING DISCRIMINATION AT BORDERS IS CHALLENGING (AND OFTEN FUTILE) 115 AJIL Unbound 362 (2021) International human rights law recognizes a general right to non-discrimination. This right has proved to have plenty of legal bite. It is regularly invoked at both international and national levels to challenge state action which discriminates against vulnerable groups on suspect grounds, such as race, gender, and disability. Such legal... 2021
Jessica A. Roth, Anna D. Vaynman, Steven D. Penrod WHY CRIMINAL DEFENDANTS COOPERATE: THE DEFENSE ATTORNEY'S PERSPECTIVE 117 Northwestern University Law Review 1351 (2023) Abstract--Cooperation is at the heart of most complex federal criminal cases, with profound ramifications for who can be brought to justice and for the fate of those who decide to cooperate. But despite the significance of cooperation, scholars have yet to explore exactly how individuals confronted with the decision whether to pursue cooperation... 2023
Representative Sheila Jackson Lee Why Immigration Reform Requires a Comprehensive Approach That Includes Both Legalization Programs and Provisions to Secure the Border 43 Harvard Journal on Legislation 267 (Summer, 2006) As many as eleven million undocumented immigrants are living and working in the United States today, and the number is only growing. This Policy Essay addresses the problems resulting from the presence of so many undocumented workers in this country and presents two key legislative proposals to help solve the current crisis. In particular, it... 2006
Thomas Kleven Why International Law Favors Emigration over Immigration 33 University of Miami Inter-American Law Review 69 (Spring 2002) I. Introduction. 70 II. International Law Regarding Freedom of Movement. 70 III. Freedom of Movement and Liberal Idealism. 74 IV. An Historical-Materialist Analysis of International Practice. 83 V. The Freedom of Movement Under Socialism. 93 VI. Conclusion: Where to From Here. 98 2002
Anne B. Chandler Why Is the Policeman Asking for My Visa? The Future of Federalism and Immigration Enforcement 15 Tulsa Journal of Comparative & International Law 209 (Spring 2008) The allocation of power between the federal government and the states to control immigration has long been a subject of controversy in the United States. Likewise controversial has been the allocation of authority between federal criminal law and federal civil remedies in the regulation of federal immigration norms. Recent years have seen... 2008
Sonia M. Suter , The George Washington University Law School, Washington, DC, USA WHY REASON-BASED ABORTION BANS ARE NOT A REMEDY AGAINST EUGENICS: AN EMPIRICAL STUDY 10 Journal of Law & the Biosciences 1 (January-June, 2023) In Box v Planned Parenthood, Justice Thomas wrote an impassioned concurrence describing abortions based on sex, disability or race as a form of modern-day eugenics'. He defended the challenged Indiana reason-based abortion (RBA) ban as a necessary antidote to these practices. Inspired by this concurrence, legislatures have increasingly enacted... 2023
Lindsay Macdonald Why the Rule-of-law Dictates That the Exclusionary Rule Should Apply in Full Force to Immigration Proceedings 69 University of Miami Law Review 291 (Fall 2014) This article discusses how and why the exclusionary rule should apply in the immigration context. The first part of the article sets out the history of the exclusionary rule in immigration proceedings, starting prior to the Lopez-Mendoza decision, moving to the decision itself, and then discussing how the lower courts have interpreted the decision.... 2014
Natsu Taylor Saito WHY XENOPHOBIA? 31 Berkeley La Raza Law Journal 1 (2021) Xenophobia is deeply intertwined with racism but nevertheless maintains a life of its own. Focusing on the structural drivers of xenophobia in the United States, this essay asks what xenophobia accomplishes that racism alone does not. It posits that while xenophobia serves many purposes, one of its most significant functions is to legitimize the... 2021
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