AuthorTitleCitationSummaryYear
Alan K. Simpson Perspectives on Immigration and the Law 21 Suffolk Transnational Law Review 251 (Summer, 1998) I visited with some of the Suffolk University Law School folks last year, a delightful group. I'm very proud to be back here. I like to share my experiences with people in law school because I hope you'll think about public life. When I got out of law school, I went into the Assistant Attorney General's office for about three months. I had no idea... 1998
David Fischer Proposed Changes Require Canadian Immigrants to Be Proficient in English or French 12 Georgetown Immigration Law Journal 737 (Summer, 1998) The Legislative Advisory Group, an independent advisory committee to Canadian Citizenship and Immigration Minister Lucienne Robillard, recently issued More than Numbers, a report proposing 172 changes to Canada's immigration and refugee laws. The most controversial recommendation was requiring basic language skills in English or French, to be... 1998
Amy S. Zabetakis Proposition 227: Death for Bilingual Education? 13 Georgetown Immigration Law Journal 105 (Fall, 1998) Before the end of the century, the white population in the state of California will lose its status as the majority. For the most part, this loss in status is because of the rising immigrant population. In response, a number of anti-immigrant initiatives have found their way onto California ballots. The most famousor infamousof these was... 1998
Kevin R. Johnson Race, the Immigration Laws, and Domestic Race Relations: a "Magic Mirror" into the Heart of Darkness 73 Indiana Law Journal 1111 (Fall, 1998) L1-2Introduction 1112 I. The History of Racial Exclusion in the U.S. Immigration Laws. 1119 A. From Chinese Exclusion to General Asian Subordination. 1120 1. Chinese Exclusion and Reconstruction. 1122 2. Japanese Internment and Brown v. Board of Education. 1124 B. The National Origins Quota System. 1127 C. Modern Racial Exclusion. 1131 1. The War... 1998
Nancy Morawetz Rethinking Retroactive Deportation Laws and the Due Process Clause 73 New York University Law Review 97 (April, 1998) In 1996 Congress passed two laws, the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which substantially increased the likelihood that permanent residents will be deported from the United States for criminal convictions. The deportation provisions of these 1996 laws... 1998
William L. Pham Section 633 of Iirira: Immunizing Discrimination in Immigrant Visa Processing 45 UCLA Law Review 1461 (June, 1998) Introduction. 1462 I. The Immigrant Visa Process. 1464 II. Section 633 Is Misguided. 1467 A. Immigration Law Prior to 1965. 1468 B. Section 633 Betrays the Legislative Intent of the 1965 Act. 1472 III. Section 633 and the Lavas Case. 1473 A. Background on LAVAS. 1474 1. Visa Processing from 1975 to 1993. 1474 2. The 1993 U.S. Policy Change. 1477 B.... 1998
Gabriel J. Chin Segregation's Last Stronghold: Race Discrimination and the Constitutional Law of Immigration 46 UCLA Law Review Rev. 1 (October, 1998) For over a century, the Supreme Court has granted federal immigration laws a unique immunity from judicial review. Relying on the so-called plenary power doctrine, the Court has said that over no conceivable subject is federal power greater than it is over immigration; even modern federal cases, for example, state that Congress may freely... 1998
Debra L. Satinoff Sex-based Discrimination in U.s. Immigration Law: the High Court's Lost Opportunity to Bridge the Gap Between What We Say and What We Do 47 American University Law Review 1353 (June, 1998) Introduction. 1354 I. The Tension Between Congress' Historic Plenary Power Over Immigration and Modern Gender-Based Equal Protection. 1358 A. Federal Cases Regarding Equal Protection Challenges to Gender-Based Immigration Laws. 1358 1. Overview. 1358 2. Miller v. Albright--background. 1361 B. Congress' Unrestrained Power Over Immigration. 1364 C.... 1998
Linda Kelly Stories from the Front: Seeking Refuge for Battered Immigrants in the Violence Against Women Act 92 Northwestern University Law Review 665 (Winter 1998) We met at a vocational and technical education school. We began dating and fell in love. I was four months into my pregnancy when we got married. The abuse started when I became pregnant and gradually progressed in severity. . . . The verbal insults turned into physical abuse. When I fought back he would beat me and then force me to have sex with... 1998
Ella Dlin The Antiterrorism and Effective Death Penalty Act of 1996: an Attempt to Quench Anti-immigration Sentiments? 38 Catholic Lawyer 49 (1998) Most Americans believe a correlation exists between immigration and terrorism. In fact, the flow of immigrants into the United States has not been found to be a significant contributing factor to violence in this country during the last twenty-five years. Terrorist acts, because of their unpredictable nature, can inspire fear, panic and hysteria... 1998
Bill Ong Hing The Immigrant as Criminal: Punishing Dreamers 9 Hastings Women's Law Journal 79 (Winter 1998) Being a boat person is a crime. The crime begins with the acute desire on the part of the person to enter the United States, under even the most harrowing circumstances, in order to better herself or the lot of her family. They pay snakeheads to secret them in. We punish people for this crime. We capture them, imprison them, hold them without... 1998
Louis Anthes The Island of Duty: the Practice of Immigration Law on Ellis Island 24 New York University Review of Law and Social Change 563 (1998) The gist of the thing was put clearly in President Roosevelt's message in the reference to a certain economic standard of fitness for citizenship that must govern, and does govern, the keepers of the gate. Into it enter not only the man's years and his pocket-book, but the whole man, and he himself virtually decides the case. Jacob Riis (1903)... 1998
Jonathan L. Hafetz The Rule of Egregiousness: Ins V. Lopez-mendoza Reconsidered 19 Whittier Law Review 843 (Summer, 1998) The application of the Fourth Amendment to the Immigration and Naturalization Service (INS) came relatively late and in a watered-down form. A key limitation on the Fourth Amendment protection of illegal aliens was the Supreme Court's decision in INS v. Lopez-Mendoza, which barred use of the exclusionary rule in civil deportation hearings.... 1998
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
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
Charles C. Foster 1996 Immigration Act: its Impact on U.s. Legal Residents and Undocumented Aliens 34-FEB Houston Lawyer 28 (January/February, 1997) On the evening of September 30, 1996, when President Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (1996 Act), what the New York Times called a dangerous immigration bill, he did not end the debate on what the immigration policy should be for the United States. The two-year debate in Congress that... 1997
Kevin R. Johnson Aliens and the U.s. Immigration Laws: the Social and Legal Construction of Nonpersons 28 University of Miami Inter-American Law Review 263 (1997) L1-3,T3I. Introduction 264 L1-4 L1-3,T3II. Citizens and Aliens' 270 L1-4 A. Deportable and Excludable Aliens'. 274 L1-4 B. Good (Legal) and Bad (Illegal) Aliens'. 276 L1-4 C. Implications of the Alien Terminology. 279 L1-4 L1-3,T3III. The Influence of Race 281 L1-4 A. Some Examples: Mexicans, Haitians, Cubans. 282 L1-4 B. The Absence of... 1997
Valerie L. Barth Anti-immigrant Backlash and the Role of the Judiciary: a Proposal for Heightened Review of Federal Laws Affecting Immigrants 29 Saint Mary's Law Journal 105 (1997) I. Introduction. 106 II. History and Development of Judicial Review in Alienage Cases. 120 A. Judicial Review of State Laws Classifying Aliens: Invalidating the Special Public Interest Doctrine and Limiting the Political Function Exception. 120 B. Judicial Review of Federal Laws: Why the Special Treatment?. 127 C. The Constitutionality of the... 1997
Lenni B. Benson Back to the Future: Congress Attacks the Right to Judicial Review of Immigration Proceedings 29 Connecticut Law Review 1411 (Summer, 1997) To become a United States citizen, a lawful permanent resident alien must successfully demonstrate a knowledge of United States history and government. A standard examination question is: How many branches are there in the federal government of the United States? The correct answer of course is three branches. However, where immigration... 1997
Stacey M. Schwartz Beaten Before They Are Born: Immigrants, Their Children, and a Right to Prenatal Care 1997 Annual Survey of American Law 695 (1997) Jennifer moved to the United States from China when she was eight years old. For fifteen years, she has lived in New York City as an undocumented immigrant, without obtaining legal status or United States citizenship. At age twenty-three, Jennifer has become pregnant. Because her job as a dress-maker fails to provide her with medical benefits, she... 1997
Robert S. Chang , Keith Aoki Centering the Immigrant in the Inter/national Imagination 85 California Law Review 1395 (October, 1997) In this Article, Professors Chang and Aoki examine the relationship between the immigrant and the nation in the complicated racial terrain known as the United States. Special attention is paid to the border which contains and configures the local, the national and the international. They criticize the contradictory impulse that has led to borders... 1997
Harvey Gee Changing Landscapes: the Need for Asian Americans to Be Included in the Affirmative Action Debate 32 Gonzaga Law Review 621 (1996-1997) I. Introduction. 622 II. Historical Context: Racial Discrimination Against Asian Americans. 628 A. Chinese Immigrants. 629 B. The Internment of Japanese Americans. 631 III. Affirmative Action. 634 A. The Conception and Implementation of Affirmative Action Programs. 634 B. The Absence of Asian Americans from the Affirmative Action Debate. 636 IV.... 1997
Paul Meehan Combatting Restrictions on Immigrant Access to Public Benefits: a Human Rights Perspective 11 Georgetown Immigration Law Journal 389 (1997) Immigration into the United States, both documented and undocumented, has grown steadily over the past two decades and now exceeds one million persons per year. In a time of shrinking government budgets, stagnant or declining real wages, and job instability, immigration has again become a politically charged issue. Whether based on fact, fiction or... 1997
Rachel Silber Eugenics, Family & Immigration Law in the 1920's 11 Georgetown Immigration Law Journal 859 (Summer, 1997) Enough, Enough! we want no more Of Ye Immigrant from a foreign shore Already is our land o'er run With toiler, beggar, thief and scum. If war and blood we would avoid There must be no delay but of one accord That our lovely shores you shall no longer use As a dumping ground for foreign refuse. Some of the most contentious debates in early twentieth... 1997
Ibrahim J. Gassama , Robert S. Chang , Keith Aoki Foreword: Citizenship and its Discontents: Centering the Immigrant in the Inter/national Imagination (Part Ii) 76 Oregon Law Review 207 (Summer 1997) What is involved in the project of rescinding borders is a critical awareness of how borders have been (and continue to be) systematically policed and for whose ideological benefit and material profit. The way to rescind borders is of course to cross them and, in doing so, blur them, confuse them, make them permeable, open for traffic from all... 1997
Diana Vellos Immigrant Latina Domestic Workers and Sexual Harassment 5 American University Journal of Gender & the Law 407 (Spring, 1997) My family's history is not uncommon. My ancestors immigrated from Central America to the United States in the mid 1960s through the early 1970s in search of a brighter future. Several of the women in my family accepted jobs as domestic workers when they first arrived in order to make ends meet. What they endured as immigrant domestic workers is a... 1997
Connie Chang Immigrants under the New Welfare Law: a Call for Uniformity, a Call for Justice 45 UCLA Law Review 205 (October, 1997) Introduction. 206 I. Supplemental Security Income. 218 A. Changes. 218 B. Impact. 226 II. Alienage Discrimination in the Distribution of Welfare Benefits. 236 A. Graham v. Richardson. 236 B. Mathews v. Diaz. 241 III. Challenging the New Welfare Law. 247 A. The Limits of Plenary Power. 253 1. The Alien Rights Cases. 253 2. The Preemption Cases. 258... 1997
Stephen Shie-Wei Fan Immigration Law and the Promise of Critical Race Theory: Opening the Academy to the Voices of Aliens and Immigrants 97 Columbia Law Review 1202 (May, 1997) As a movement, critical race theory endeavors to account for the voices of people of color by exploring the systemic and pervasive nature of racism in society, and by scrutinizing the ways in which current rights jurisprudence fails to attend fully to the ubiquity of racialized attitudes both in society at large and within the legal system itself.... 1997
Richard Klein Immigration Laws as Instruments of Discrimination: Legislation Designed to Limit Chinese Immigration into the United Kingdom 7 Touro International Law Review Rev. 1 (Spring 1997) C1-2CONTENTS INTRODUCTION. 2 I. A COMPARATIVE PERSPECTIVE. 5 A. France: Legislation Relating to Immigration from the Former French Colonies. 6 B. Germany: Immigration, Citizenship and Naturalization of the Non-European Immigrant. 15 II. THE INTRODUCTION OF LEGISLATION TO RESTRICT IMMIGRATION TO GREAT BRITAIN. 17 A. The Treatment of the Chinese. 17... 1997
Howard F. Chang Immigration Policy, Liberal Principles, and the Republican Tradition 85 Georgetown Law Journal 2105 (July, 1997) In Democracy's Discontent, Michael Sandel advances two primary theses: one is descriptive, the other is normative. First, Sandel claims that as a descriptive matter, the United States is a procedural republic, in which [t]he political philosophy by which we live is a certain version of liberal political theory. Second, he urges as a normative... 1997
Lamar Smith , Edward R. Grant Immigration Reform: Seeking the Right Reasons 28 Saint Mary's Law Journal 883 (1997) I. Introduction. 883 II. Six Principles for Guiding Immigration Reform. 893 A. The Human Face of Immigration. 893 B. Setting Immigration Policy in the National Interest. 899 C. Ending the Bifurcated Treatment of Legal Immigration and Illegal Migration. 906 D. Enforcing the Law Against Illegal Immigration: A Fresh Start. 913 E. Removing the... 1997
Lisa C. Ikemoto In Sisterhood 2 Michigan Journal of Race and Law 513 (Spring 1997) I am writing this review from Los Angeles, California, during the new years of infamy. In 1994, the majority of California voters in the November elections said yes to anti-immigrant Proposition 187 and yes to the racist crime bill known as three strikes. In November, 1996, the majority of California voters again voted yes, this time for... 1997
Linda E. Carter Intermediate Scrutiny under Fire: Will Plyler Survive State Legislation to Exclude Undocumented Children from School? 31 University of San Francisco Law Review 345 (Winter 1997) Proposition 187 . . . aims to deter future illegal immigration for free education. . . . Current federal law . . . holds that illegal aliens are entitled to free public education. Proposition 187 . . . provides the Court with an opportunity . . . to modify or overturn Plyler . . . . [Proponents of Proposition 187] acknowledged their real goal:... 1997
Martin Arms Judicial Deportation under 18 Usc S 3583(d): a Partial Solution to Immigration Woes? 64 University of Chicago Law Review 653 (Spring 1997) (T)he Federal Government must make sure that dangerous aliens are not on the streets, not allowed to commit new crimes, and not caught in a lengthy deportation process. A United States Senator The INS (Immigration and Naturalization Service) is completely like a Soviet bureaucracy. . . . Every sign starts with the word no: No smoking. No... 1997
David Christensen Leaving the Back Door Open: Italy's Response to Illegal Immigration 11 Georgetown Immigration Law Journal 461 (Spring, 1997) In recent years, the prosperous nations of Western Europe have experienced record levels of migration pressure, as immigrants and refugees from North Africa, Eastern Europe and other impoverished regions of the world have arrived in ever-increasing numbers seeking stability and economic opportunity. To control this inflow, Western European... 1997
Howard F. Chang Liberalized Immigration as Free Trade: Economic Welfare and the Optimal Immigration Policy 145 University of Pennsylvania Law Review 1147 (May, 1997) Introduction. 1148 I. National Economic Welfare. 1157 A. Effects of Immigration Through the Labor Market. 1158 B. External Effects of Immigration. 1163 C. The Optimal Tariff on Unskilled Immigrants. 1166 D. The Optimal Tariff on Skilled Immigrants. 1168 E. Immigration of Nuclear Families. 1172 F. Future Generations. 1172 G. Avoiding External Costs.... 1997
Judy C. Wong Most RelevantEgregious Fourth Amendment Violations and the Use of the Exclusionary Rule in Deportation Hearings: the Need for Substantive Equal Protection Rights for Undocumented Immigrants 28 Columbia Human Rights Law Review 431 (Winter 1997) In United States v. Weeks, the Supreme Court established the principle that evidence obtained in violation of the Fourth Amendment's prohibition against unreasonable searches and seizures would be excluded from a criminal proceeding against a defendant. Since the Weeks decision, the Court has alternatively justified the exclusionary rule on the... 1997
Kunal M. Parker Official Imaginations: Globalization, Difference, and State-sponsored Immigration Discourses 76 Oregon Law Review 691 (Fall 1997) Any attempt to situate the immigrant in the inter/national imagination, as the title of this symposium bids us do, must engage two extremely influential academic discourses. I will designate them as (1) the discourse of globalization as a cultural phenomenon and (2) the discourse of difference. Certain strains within these discourses deploy to... 1997
Kevin R. Johnson Racial Hierarchy, Asian Americans and Latinos as "Foreigners," and Social Change: Is Law the Way to Go? 76 Oregon Law Review 347 (Summer 1997) A symposium entitled Citizenship and Its Discontents could not be more timely. The end of the twentieth century has been marked by a lengthy debate in the United States, as well as in nations around the world, on citizenship and national identity. In response to mounting concerns about changes attributed to new immigrants, Congress in 1996... 1997
Barbara Macgrady Resort to International Human Rights Law in Challenging Conditions in U.s. Immigration Detention Centers 23 Brooklyn Journal of International Law 271 (1997) Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. . . . Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds. Those words, written by the late... 1997
Kevin R. Johnson The Antiterrorism Act, the Immigration Reform Act, and Ideological Regulation in the Immigration Laws: Important Lessons for Citizens and Noncitizens 28 Saint Mary's Law Journal 833 (1997) I. Introduction. 834 II. A History of Exclusion and Deportation of Political Undesirables. 841 A. The Haymarket Riots. 844 B. The Wobblies and the Palmer Raids. 846 C. The Communist Threat'. 850 1. Some Chilling Tales. 850 2. The War Against Harry Bridges. 857 D. Modern Efforts to Monitor Political Ideology. 860 1. The 1990 Act: Limits on and... 1997
Victor C. Romero The Congruence Principle Applied: Rethinking Equal Protection Review of Federal Alienage Classifications after Adarand Constructors, Inc. V. Peña 76 Oregon Law Review 425 (Summer 1997) Founded on the ideal of equality under the law for all people, the United States has long prided itself as a nation of immigrants. From the welcoming words of Lady Liberty to the metaphor of the melting pot, America's history is replete with images of an inclusive society dedicated to the proposition that all parties to its social contract are... 1997
Tanya Katerí Hernández The Construction of Race and Class Buffers in the Structure of Immigration Controls and Laws 76 Oregon Law Review 731 (Fall 1997) In the midst of current anti-immigration sentiment, which is motivating dramatic changes in the United States' immigration laws, there exists the myth that prior immigration laws were more equitable and humanitarian. Yet historical analysis reveals that immigration law has been put to uses far from idyllic, and has always been concerned with the... 1997
Shelese Emmons The Debre Bill: Immigration Legislation or a National "Front"? 5 Indiana Journal of Global Legal Studies 357 (Fall 1997) France has absorbed more immigrants than any other European country. Even today, forty percent of all French people have at least one foreign grandparent. The number of foreigners migrating to France declined by forty percent between 1992 and 1995 and the proportion of immigrants in the French population has remained the same for the past twenty... 1997
Joan Fitzpatrick The Gender Dimension of U.s. Immigration Policy 9 Yale Journal of Law & Feminism 23 (1997) I. Introduction. 23 II. Gender-Blind Immigration Policy-The U.S. Experience. 27 A. Gender Impact of the 1986 Amnesty Programs. 27 B. The 1986 Immigration Marriage Fraud Amendments. 31 C. Limits on Immigration by Household Workers. 34 D. Disqualification of Lawful Immigrants From Eligibility for Public Benefits. 37 III. Forced Migration of Women... 1997
Enid Trucios-Gaynes The Legacy of Racially Restrictive Immigration Laws and Policies and the Construction of the American National Identity 76 Oregon Law Review 369 (Summer 1997) the ongoing struggle of defining what it means to be American has infected public policy and political debates in a manner that almost defies characterization. The rhetoric about the threats to the American way of life posed by noncitizens is linked to immigration policy because of a heightened awareness of the increased presence of noncitizens... 1997
Barbara A. Arnold The New Leviathan: Can the Immigrant Responsibility Act of 1996 Really Transfer Federal Power over Public Benefits to State Governments? 21 Maryland Journal of International Law and Trade 225 (Fall 1997) Americans have mythologized the United States as a nation of immigrants. Nonetheless, waves of nativism have periodically washed over the American ethos. The fundamental tension between these two philosophies has given our nation a sense of irony even in immigration's heyday, the turn of the 20th century. At that time, Emma Lazarus' famous poem,... 1997
Jay T. Jorgensen The Practical Power of State and Local Governments to Enforce Federal Immigration Laws 1997 Brigham Young University Law Review 899 (1997) In recent years, political debate over illegal immigration has taken on a decidedly local flavor. State and local governments increasingly complain that the federally controlled immigration system is failing and that the burdens created by that failure are borne at the local level. Rather than accepting those burdens, state and local governments... 1997
Steven M. Dawson The Promise of Opportunity-and Very Little More: an Analysis of the New Welfare Law's Denial of Federal Public Benefits to Most Legal Immigrants 41 Saint Louis University Law Journal 1053 (Summer, 1997) Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 makes several major changes to the structure of the welfare system as it applies to legal immigrants. Under prior law, legal immigrants were, with some exceptions, eligible for most federal public benefits. Among the changes made by the Act is the unprecedented... 1997
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
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