| Author | Title | Citation | Summary | Year |
| 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 |
| Kenzo S. Kawanabe |
American Anti-immigrant Rhetoric Against Asian Pacific Immigrants: the Present Repeats the past |
10 Georgtown Immigration Law Journal 681 (Summer, 1996) |
These words signify the ideal on which America, the nation of immigrants, was built. Whether in 1820 or 1996, through Ellis Island or Angel Island, the American immigrant, inspired by the hopes and dreams of a better life, has brought human capital to this nation. With the exception of Native Americans and indigenous Hawaiian Americans, most... |
1996 |
| Michael Scaperlanda |
Are We That Far Gone?: Due Process and Secret Deportation Proceedings |
7 Stanford Law and Policy Review 23 (Summer, 1996) |
The Oklahoma City and World Trade Center bombings, coupled with a resurgent anti-immigration sentiment, have led to renewed debate concerning the removal of undesirable aliens from the United States. The Comprehensive Terrorism Prevention Act of 1995 (Terrorism Bill), contains provisions for partially secret ex parte deportation hearings and... |
1996 |
| Karin Wang |
Battered Asian American Women: Community Responses from the Battered Women's Movement and the Asian American Community |
3 Asian Law Journal 151 (May, 1996) |
The anti-domestic violence movement has made significant progress in the past twenty years. However, these gains largely have not been realized by Asian American women. The author argues that for Asian American women, domestic violence is complicated by factors such as language barriers, immigrant status, cultural differences, and racial... |
1996 |
| Sarah V. Wayland |
Citizenship and Incorporation: How Nation-states Respond to the Challenges of Migration |
20-FALL Fletcher Forum of World Affairs 35 (Summer/Fall, 1996) |
Transnational migration to industrialized democracies poses serious challenges to countries of settlement as well as to the very essence of the nation-state. Immigration means that states have become home to substantial numbers of noncitizens. Until they acquire citizenshipand most of them never domigrants are not full members of the societies in... |
1996 |
| Annie M. Chan |
Community and the Constitution: a Reassessment of the Roots of Immigration Law |
21 Vermont Law Review 491 (Winter, 1996) |
The original Constitution, with two minor exceptions, confers protection in terms of personhood, not citizenship. Yet, since the late nineteenth century, under immigration theory, as shaped and applied by case law, aliens have been regarded as constitutional outsiders. Under a legal entry fiction, aliens, regardless of physical presence within... |
1996 |
| Stephen H. Legomsky |
E Pluribus Unum: Immigration, Race, and Other Deep Divides |
21 Southern Illinois University Law Journal 101 (Fall, 1996) |
On every United States coin there are engraved the Latin words e pluribus unum. This phrase means out of many, one. Throughout our history we have used it proudly, at the very least to state a normative aspiration, and sometimes to describe the kind of society we think we have actually achieved. But e pluribus unum actually means two very... |
1996 |
| Kristen M. Schuler |
Equal Protection and the Undocumented Immigrant: California's Proposition 187 |
16 Boston College Third World Law Journal 275 (Spring, 1996) |
Who among us is aboriginal? Indeed those who are aboriginal, the ones we call Native Americans, are the only ones we treat as badly as we treat new immigrants. Proposition 187, the recently passed California ballot initiative which seeks to deny all social services except emergency medical care to undocumented immigrants, has caused significant... |
1996 |
| Kevin R. Johnson |
Fear of an "Alien Nation": Race, Immigration, and Immigrants |
7 Stanford Law and Policy Review 111 (Summer, 1996) |
At various times in U.S. history, immigrants have served as a lightening rod for society's frustrations. Partisan politics at times have contributed to their vilification. For example, the political strength that immigrants added to the burgeoning Republican Party in the 1790s contributed to the Federalist Congress' passage of the now infamous... |
1996 |
| Amanda Masters |
Is Procedural Due Process in a Remote Processing Center a Contradiction in Terms? Gandarillas-zambrana V. Board of Immigration Appeals |
57 Ohio State Law Journal 999 (1996) |
Oakdale, Louisiana is a small town of 6,837 people. The Immigration and Naturalization Service (INS) Federal Detention Center in Oakdale holds one thousand immigrants, and the Oakdale Federal Corrections Institution holds three hundred immigrants. These immigrants are in Oakdale because aliens, even legal permanent resident aliens, who are... |
1996 |
| Nina Wang |
Laws Harsh as Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law. Lucy E. Salyer |
31 Harvard Civil Rights-Civil Liberties Law Review 587 (Summer, 1996) |
Reputed to be a cultural melting pot and a nation of equality, the United States attracted more than 18.2 million voluntary immigrants during the Progressive Era, which spanned from 1890 to 1920. At the turn of the century, the United States symbolized economic opportunity and personal liberty for people seeking a better life. For many Chinese... |
1996 |
| Linda S. Bosniak |
Opposing Prop. 187: Undocumented Immigrants and the National Imagination |
28 Connecticut Law Review 555 (Spring, 1996) |
Political imagination is, almost always, national imagination. Among the many bruising battles engendered by the recent immigration wars in this country, the battle over California's Proposition 187 has touched an exceptionally deep nerve. Approved by the state's voters in 1994, this anti-illegal alien initiative willif the courts uphold... |
1996 |
| Michael Scaperlanda |
Partial Membership: Aliens and the Constitutional Community |
81 Iowa Law Review 707 (March 1, 1996) |
In the midst of one of the largest waves of legal immigration in our nation's history, a strong anti-immigrant undertow threatens to pull us from our constitutional commitment to equality and from our national mythology of open arms and golden doors. The debates concerning noncitizens in the public square of the 1990s provide a good occasion and... |
1996 |
| Kevin R. Johnson |
Racial Restrictions on Naturalization: the Recurring Intersection of Race and Gender in Immigration and Citizenship Law |
11 Berkeley Women's Law Journal 142 (1996) |
Critical race theory reflects the perception that conventional legal scholarship fails to satisfactorily address the complexities of race and the law in the United States. Similarly, the ascent of feminist theory stems in large part from lingering gender discrimination in this country. Until a number of minority women recently began studying the... |
1996 |
| John Hayakawa Torok |
Reconstruction and Racial Nativism: Chinese Immigrants and the Debates on the Thirteenth, Fourteenth, and Fifteenth Amendments and Civil Rights Laws |
3 Asian Law Journal 55 (May, 1996) |
The Reconstruction amendments and civil rights law historically have been viewed in the context of African American emancipation, naturalization, and enfranchisement. However, Chinese immigrants' presence and the racial nativism they engendered in the white polity influenced the debates surrounding that legislation and the attendant Supreme Court... |
1996 |
| Karen K. Narasaki |
Testimony on the Immigration Reform Act of 1995 Before the Subcommittee on Immigration, U.s. Senate Judiciary Committee |
10 Georgetown Immigration Law Journal 77 (March, 1996) |
The area of immigration policy is particularly important to the National Asian Pacific American Legal Consortium because of the large percentage of recent immigrants in the Asian Pacific American community and the long history of racially discriminatory treatment of Asians and Pacific Islanders by our country's immigration laws. The Consortium... |
1996 |
| Gabriel J. Chin |
The Civil Rights Revolution Comes to Immigration Law: a New Look at the Immigration and Nationality Act of 1965 |
75 North Carolina Law Review 273 (November, 1996) |
In this historical analysis of the Immigration and Nationality Act Amendments of 1965, Professor Chin argues that Congress eased restrictions on Asian immigration into the United States in an effort to equalize immigration opportunities for groups who had been the victims of discriminatory immigration laws in the past. In Part I of the Article, he... |
1996 |
| John F. Stanton |
The Immigration Laws from a Disability Perspective: Where We Were, Where We Are, Where We Should Be |
10 Georgetown Immigration Law Journal 441 (Spring, 1996) |
On the afternoon of October 6, 1994, two individuals who personify the American image stood prominently on the steps of the U.S. Capitol building while members of the press eagerly sought to capture the moment on film. The centers of attention on that day were Senate Majority Leader Robert Dole and recently-crowned Miss America Heather Whitestone.... |
1996 |
| Frank H. Wu |
The Limits of Borders: a Moderate Proposal for Immigration Reform |
7 Stanford Law and Policy Review 35 (Summer, 1996) |
From Franz Kafka, Before the Law: Before the Law stands a door-keeper. To this doorkeeper there comes a man from the country and prays for admittance to the Law. But the doorkeeper says that he cannot grant admittance at the moment The doorkeeper gives him a stool and lets him sit down at one side of the door. There he sits for days and years.... |
1996 |
| Paula C. Johnson |
The Social Construction of Identity in Criminal Cases: Cinema Verite and the Pedagogy of Vincent Chin |
1 Michigan Journal of Race and Law 347 (Summer 1996) |
INTRODUCTION. 348 I. The Enigma of Race. 355 A. Theories of Racial Identity. 355 1. Biological Race. 355 2. Socially Constructed Race. 358 B. Constructions of Asian Americans. 359 1. Historical Constructions of Asian Identities. 359 a. Constructions of Early Chinese Immigrants. 362 b. Constructions of Early Japanese Immigrants. 371 c. Chinese and... |
1996 |
| Mary Sarah Bilder |
The Struggle over Immigration: Indentured Servants, Slaves, and Articles of Commerce |
61 Missouri Law Review 743 (Fall 1996) |
A long time ago, but not too long ago, Ships came from across the sea Bringing Pilgrims and prayer-makers, Adventurers and booty seekers, Free men and indentured servants, Slave men and slave masters, all new-- To a new world, America! --Langston Hughes C1-3Table of Contents I. Introduction. 745 II. Immigrants as Indentured Servants. 751 III.... |
1996 |
| Philip Brashier |
The United States Struggles with past Judicial Interpretations in Defining the Modern Law of Immigration |
37 South Texas Law Review 1357 (October, 1996) |
I. Introduction. 1357 II. Historical Development of the Law of Immigration. 1361 III. International Efforts to Assist Post-World War II Refugees and Final Adoption of United States Domestic Legislation Defining the Modern Law of Immigration. 1364 A. International Laws Affecting Development of United States Immigration Laws. 1364 B. United States... |
1996 |
| Gregg Van De Mark |
Too Much of a Good Thing: Immigration, Plyler V. Doe, and American Hubris |
35 Washburn Law Journal 469 (Summer 1996) |
I. Introduction. 469 II. History of American Immigration Policy Before 1965. 471 A. American Immigration Before 1920. 472 B. Immigration Policy After 1920. 473 C. How Pausing Immigration Accelerates Assimilative Compromises. 474 D. The 1952 Immigration Act. 476 III. Modern American Immigration Policy. 478 A. The 1965 Immigration Act. 478 B. Recent... |
1996 |
| 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 |
| Karen McBeth Chopra |
A Forgotten Minority an American Perspective: Historical and Current Discrimination Against Asians from the Indian Subcontinent |
1995 Detroit College of Law at Michigan State University Law Review 1269 (Winter, 1995) |
INTRODUCTION. 1270 I HISTORICAL BACKGROUND. 1274 A. The First Wave. 1274 1. Anti-Immigration Pressures. 1278 2. The Indian Component in the Anti-Immigration Fervor. 1278 B. Establishing a Community. 1280 C. The Exclusion Acts. 1281 D. The Citizenship Color Bar and Denaturalization. 1285 1. What is White?. 1286 2. Effect on American Wives. 1287 E.... |
1995 |
| Kathryn M. Bockley |
A Historical Overview of Refugee Legislation: the Deception of Foreign Policy in the Land of Promise |
21 North Carolina Journal of International Law and Commercial Regulation 253 (Fall 1995) |
I. Introduction. 254 II. The Origins of Refugee Law: 1790-1940. 256 A. Federal Control of Immigration. 256 B. The Refugee Crisis in Europe. 260 C. The U.S. Response. 260 III. The Development of U.S. Refugee Legislation: 1948-1957. 262 A. The Displaced Persons Act of 1948. 262 B. The McCarran-Walter Act of 1952. 264 C. Refugee Relief Act of 1953.... |
1995 |
| James F. Smith |
A Nation That Welcomes Immigrants? An Historical Examination of United States Immigration Policy |
1 U.C. Davis Journal of International Law and Policy 227 (Spring 1995) |
INTRODUCTION. 228 I. THE HISTORY OF UNITED STATES IMMIGRATION AND NATURALIZATION LEGISLATION. 228 A. Selective Admissions. 229 B. National Origin Quotas (1921-1965). 232 C. The Elimination of the Quota System and Illegalization of the Mexican Worker (1952, 1965-1976). 233 D. The Immigration Act of 1965. 233 E. Immigration Legislation (1970-76). 235... |
1995 |
| Luis Angel Toro |
A People Distinct from Others: Race and Identity in Federal Indian Law and the Hispanic Classification in Omb Directive No. 15 |
26 Texas Tech Law Review 1219 (1995) |
I. INTRODUCTION. 1219 II. DEFINITIONS OF TERMS. 1223 III. BIOLOGICAL RACE, DIRECTIVE NO. 15, AND THE IMMIGRANT ANALOGY. 1225 IV. RACE AND IDENTITY IN U.S. LAW AND INDIGENOUS TRADITION. 1230 V. RACE AND IDENTITY IN CONTEMPORARY JURISPRUDENCE. 1238 VI. DIRECTIVE NO. 15 AND THE SOCIAL CONSTRUCTION OF RACE. 1243 VII. CHICANOS AS A RACIALIZED MINORITY... |
1995 |
| Kevin R. Johnson |
An Essay on Immigration Politics, Popular Democracy, and California's Proposition 187: the Political Relevance and Legal Irrelevance of Race |
70 Washington Law Review 629 (July, 1995) |
In elegantly referring to government of the people, by the people, and for the people, Abraham Lincoln famously tapped into the nation's enthusiasm for democracy. From the founding of this nation, however, the potential excesses of democracy also have generated considerable concern. In an attempt to avoid such excesses, the Constitution moderates... |
1995 |
| Kevin C. Wilson |
And Stay Out! The Dangers of Using Anti-immigrant Sentiment as a Basis for Social Policy: America Should Take Heed of Disturbing Lessons from Great Britain's past |
24 Georgia Journal of International and Comparative Law 567 (Winter, 1995) |
In recent years the United States has experienced a steady rise of anti-immigrant sentiment comparable to the worst periods of time in [its] history. With mounting fears regarding scarce jobs and a stagnant economy, immigrants have become the unfortunate scapegoats for the ills of American society. The tide of anti-immigrant sentiment has been... |
1995 |
| Robert J. Shulman |
Children of a Lesser God: Should the Fourteenth Amendment Be Altered or Repealed to Deny Automatic Citizenship Rights and Privileges to American Born Children of Illegal Aliens? |
22 Pepperdine Law Review 669 (1995) |
Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! Welcome to California, Now Go Home! The United States is a nation of immigrants. It has welcomed far more people into its borders than any other country in the world. In fact, the United States has absorbed more immigrants than the rest of the world combined.... |
1995 |
| Kevin R. Johnson |
Civil Rights and Immigration: Challenges for the Latino Community in the Twenty-first Century |
8 La Raza Law Journal 42 (1995) |
This Symposium, Demography and Distrust: The Latino Challenge to Civil Rights and Immigration Policy in the 1990's and Beyond, is devoted to two related issues of central importance to the Latino community in the United States, civil rights and immigration. Latino activists understandably are preoccupied with civil rights questions, which run the... |
1995 |
| Ruben J. Garcia |
Critical Race Theory and Proposition 187: the Racial Politics of Immigration Law |
17 Chicano-Latino Law Review 118 (Fall 1995) |
In mid-1993, a group of concerned California residents were fed up. They were tired of the illegal aliens whom they blamed for sapping the state's resources. These aliens were everywhere: crowding their children out of public schools, crowding welfare offices, and crowding the emergency rooms of hospitals. To attack these problems, these angry... |
1995 |
| Pamela Theodoredis |
Detention of Alien Juveniles: Reno V. Flores |
12 New York Law School Journal of Human Rights 393 (Spring, 1995) |
The Supreme Court, in Reno v. Flores, upheld a regulation promulgated by the Immigration and Naturalization Service (INS) requiring that alien juveniles who are suspected of being deportable be placed with government selected or operated institutions, where no parent, close relative, or legal guardian is available to assume custody. Despite the... |
1995 |
| Peter L. Reich |
Environmental Metaphor in the Alien Benefits Debate |
42 UCLA Law Review 1577 (August 1, 1995) |
Introduction 1577 I. Environmental Analogies in Immigration Politics 1579 II. The Demise of Equilibrium in Ecological Science 1584 III. Contextual Arguments in Alien Benefits Jurisprudence 1588 Conclusion 1594 |
1995 |
| Rachel F. Moran |
Foreword -- Demography Anddistrust: the Latino Challenge to Civil Rights and Immigration Policy in the 1990s and Beyond |
8 La Raza Law Journal L.J. 1 (1995) |
Today, the United States faces significant demographic changes that will shape its political destiny. As two researchers wrote recently: Latino population growth is the future. The White population is declining, the African-American population is stable, and the Latino and Asian-American populations are expanding rapidly. The Asian-American... |
1995 |
| Kerry A. Krzynowek |
Haitian Centers Council, Inc. V. Sale: Rejecting the Indefinite Detention of Hiv-infected Aliens |
11 Journal of Contemporary Health Law and Policy 541 (Spring, 1995) |
Since the first settlers arrived in this country, the United States has always been a melting pot of nationalities. The constant influx of aliens led the federal government to begin regulating who could enter the country, over a century ago. One resulting piece of legislation was the Immigration and Nationality Act (INA), which sets forth... |
1995 |
| Juan F. Perea |
Los Olvidados: on the Making of Invisible People |
70 New York University Law Review 965 (October, 1995) |
In his recent book, Latinos, Earl Shorris poignantly describes Bienvenida Petion, a Jewish Latino immigrant, who clings to her language and culture as if they were life itself. When Bienvenida dies, it is not of illness, but of English. Bienvenida dies of English when she is confined to a nursing home where no one speaks Spanish, an environment... |
1995 |
| Elizabeth Kolby |
Moral Responsibility to Filipino Amerasians: Potential Immigration and Child Support Alternatives |
2 Asian Law Journal 61 (May 1, 1995) |
Filipino Amerasian children, because they are biracial and also often the illegitimate children of prostitutes, are subjected to dire economic circumstances and social discrimination in the Philippines. In this Comment, the author argues that the United States owes a moral responsibility to these Filipino Amerasian children, arising from the U.S.... |
1995 |
| Jan C. Ting |
Other than a Chinaman : How U.s. Immigration Law Resulted from and Still Reflects a Policy of Excluding and Restricting Asian Immigration |
4 Temple Political & Civil Rights Law Review 301 (Spring 1995) |
The first purpose of this article is to state explicitly what most students and practitioners of immigration law already know implicitly or inferentially--(1) that U.S. immigration law is a direct product of the attempt to exclude Asian immigrants from the United States, and (2) that the history of U.S. immigration law reflects a protracted effort... |
1995 |
| Minty Siu Chung |
Proposition 187: a Beginner's Tour Through a Recurring Nightmare |
1 U.C. Davis Journal of International Law and Policy 267 (Spring 1995) |
INTRODUCTION: WHAT IS PROPOSITION 187?. 268 I. A SHORT DETOUR THROUGH NINETEENTH CENTURY CALIFORNIA. 269 II. PROPOSITION 187: A BRIEF SUMMARY AND ANALYSIS. 275 A. Threshold Issues. 276 1. Immigration Status Definitions. 276 2. Perpetuation of False Stereotypes. 279 3. Documentation Requirements. 280 4. Accessibility of Government Services. 281 B.... |
1995 |
| Kevin R. Johnson |
Public Benefits and Immigration: the Intersection of Immigration Status, Ethnicity, Gender, and Class |
42 UCLA Law Review 1509 (August 1, 1995) |
Introduction. 1510 I. Menaces to Society: Public Charges, Welfare Mothers, and Criminal Aliens'. 1519 A. Immigrants and Public Benefits: A History of Fear. 1519 B. The Ineligibility of Undocumented Persons for Most Major Federal Public Assistance Programs. 1528 C. Outlaw Aliens': Benefit Recipients and Criminals. 1531 D. Immigration Benefit... |
1995 |
| Jennifer K. Danburg |
Strengthening Employer Sanctions Through Worker Identification Cards and a National Data Base: Effective Barriers to Illegal Immigration? |
9 Georgetown Immigration Law Journal 525 (Summer, 1995) |
Much recent debate has focused over how to decrease the number of immigrants who cross the border illegally, as illegal immigrants in the United States have been blamed for many social and economic problems. Proceeding on the premise that employment is the key incentive for illegal immigration, Congress has imposed employer sanctions to curb the... |
1995 |
| Kevin Tessier |
The Challenge of Immigration Policy in the New South Africa |
3 Indiana Journal of Global Legal Studies 255 (Fall, 1995) |
South Africa's immigration policy is in a state of flux. South Africa's borders, once heavily guarded by government troops fighting African National Congress guerillas, have proven to be an ineffective barrier to the recent surge in illegal immigrants and refugees entering the country. Following the national election which brought Nelson Mandela's... |
1995 |
| James D. DeRosa |
The Immigrant Investor Program: Cleaning up Canada's Act |
27 Case Western Reserve Journal of International Law 359 (Spring/Summer, 1995) |
Canada's Business Immigration Program was enacted as part of the Immigration Act as a way to promote, encourage, and facilitate the immigration of experienced business persons who can contribute to Canada's economic growth by applying risk capital and business acumen to Canadian business ventures that create jobs for Canadians. There are three... |
1995 |
| Stephen E. Schelle |
The Politics of Western Immigration |
3 Indiana Journal of Global Legal Studies 277 (Fall, 1995) |
Not surprisingly, immigration remains a central issue in politics around the world, particularly in western developed countries. While most societies embrace immigrants and the benefits that a healthy immigration policy can yield, the politics of fear, hatred, and racism inevitably enter into the picture. Immigrant groups often find themselves... |
1995 |
| Jennifer Gordon |
We Make the Road by Walking: Immigrant Workers, the Workplace Project, and the Struggle for Social Change |
30 Harvard Civil Rights-Civil Liberties Law Review 407 (Summer, 1995) |
Maria Luisa Paz, an undocumented woman who worked in a factory in her native Columbia, is employed by a commercial laundry, Sparrow Linens, together with 300 other workers from El Salvador, the Dominican Republic, and other Latin American countries. Their work consists of disinfecting, washing, pressing, and folding mounds of hospital linens. Paz's... |
1995 |
| 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 |
| John A. Scanlan |
A View from the United States -- Social, Economic, and Legal Change, the Persistence of the State, and Immigration Policy in the Coming Century |
2 Indiana Journal of Global Legal Studies 79 (Fall, 1994) |
In this article, Professor Scanlan argues that in spite of recent trends toward globalism, traditionally composed nation-states, especially the United States, will continue to exercise localized control over immigration and receiving nations may pursue increasingly restrictive policies. The author begins with a history of recent U.S. and European... |
1994 |
| Louis Henkin |
An Immigration Policy for a Just Society? |
31 San Diego Law Review 1017 (FALL 1994) |
Thanks largely to A Theory of Justice , Professor John Rawls' modern classic, justice has been a preoccupation of political philosophers in the second half of the Twentieth Century. But Rawls - and Aristotle, who was occupied with justice 2,300 years earlier, and virtually all the many others in between - addressed the just society as... |
1994 |