| Author | Title | Citation | Summary | Year |
| |
Soundoff |
41-OCT Arizona Attorney Att'y 8 (October, 2004) |
I was heartened to read Our Immigrant Nation, by Grant Woods (July/August 2004 Ariz. Attorney, The Last Word). In his column, Grant spoke of being roundly booed by his party's faithful for suggesting that the Martin Luther King Holiday needed to be passed. It's what I've always admired about Grant's public life. He said and did what his heart... |
2004 |
| Michael J. Wishnie |
State and Local Police Enforcement of Immigration Laws |
6 University of Pennsylvania Journal of Constitutional Law 1084 (May, 2004) |
Federal law enforcement agencies responded to the attacks of September 11, 2001, with forceful initiatives directed at noncitizens and their communities. Several of these measures raise grave civil rights concerns. Quite apart from investigations prompted by individualized leads, officials have singled out Arab, Muslim, and South Asian immigrants... |
2004 |
| Karen C. Tumlin |
Suspect First: How Terrorism Policy Is Reshaping Immigration Policy |
92 California Law Review 1173 (July, 2004) |
Introduction. 1175 I. Immigrants Are People: The Traditional Constitutional Rights of Immigrants. 1182 II. The Government's Creation of a Suspect Group of Immigrants. 1184 III. The Erosion of Civil Liberties and Immigrants' Rights Since 9/11. 1193 A. Encroachment on the Public's Right to Information. 1193 B. Physical Liberty Violations. 1197 IV.... |
2004 |
| Thomas M. McDonnell |
Targeting the Foreign Born by Race and Nationality: Counter-productive in the "War on Terrorism"? |
16 Pace International Law Review 19 (Spring 2004) |
I. Introduction. 20 II. War on Terrorism, Dangerously Overbroad Rhetoric. 23 III. Ethnic and Racial Profiling In the Wake of September 11. 24 A. Mass Arrests and Preventive Detention of Arab and Muslim Immigrants. 26 B. Conducting Secret (Closed) Immigration Hearings for the Arab and Muslim Immigrants Who Were Arrested and Detained. 28 1.... |
2004 |
| Hon. Paul Brickner , Meghan Hanson |
The American Dreamers: Racial Prejudices and Discrimination as Seen Through the History of American Immigration Law |
26 Thomas Jefferson Law Review 203 (Spring 2004) |
For over two centuries, people from countries throughout the world have sought refuge in the United States. Whether they came to escape political or economic strife in their native countries, all were in search of the so-called American Dream. What originated as a welcoming immigration policy in the earliest days of our nation, however, was met... |
2004 |
| Kiera LoBreglio |
The Border Security and Immigration Improvement Act: a Modern Solution to a Historic Problem? |
78 Saint John's Law Review 933 (Summer 2004) |
The United States is essentially a country of immigrants; however, current United States immigration policy fails to adequately safeguard the rights of certain immigrant groups. Our nation's views toward immigration have changed considerably over the decades. Today, there is a marked focus both in the political arena and in general public discourse... |
2004 |
| Michael M. Hethmon |
The Chimera and the Cop: Local Enforcement of Federal Immigration Law |
8 University of the District of Columbia Law Review 83 (Fall 2004) |
Iobates sent Bellerophon away with orders to kill the Chimera that none might approach; a thing of immortal make, not human, lion-fronted and snake behind, a goat in the middle, and snorting out the breath of the terrible flame of bright fire. -- Homer, Iliad 6.179-182. The questions of if, when, and how local police can enforce federal immigration... |
2004 |
| Susan Burkhardt |
The Contours of Conformity: Behavioral Decision Theory and the Pitfalls of the 2002 Reforms of Immigration Procedures |
19 Georgetown Immigration Law Journal 35 (Fall, 2004) |
I. Introduction. 36 II. Background of Immigration Law and Adjudication. 42 A. Deference and Delegation. 42 B. Structure of Administrative Immigration Adjudication. 43 R1III. L2Recent Procedural Changes in Adjudication of Immigration Cases. 44 A. Expanded Single-Member Review. 46 B. Decisions Without Opinion. 49 L2C. Heightened Standard of Review of... |
2004 |
| Huyen Pham |
The Inherent Flaws in the Inherent Authority Position: Why Inviting Local Enforcement of Immigration Laws Violates the Constitution |
31 Florida State University Law Review 965 (Summer, 2004) |
I. Introduction. 965 II. The Evolution of the Inherent Authority Position. 968 A. Norm of Nonenforcement. 968 B. Instances of Local Enforcement. 970 C. Potential Efficiencies of Local Enforcement. 971 D. Why an Invitation? Tenth Amendment Constraints. 975 E. Preemption: The Legal Quagmire. 976 F. Civil v. Criminal Immigration Laws. 977 G. Emphasis... |
2004 |
| Paul Brickner |
The Passenger Cases (1849): Justice John Mclean's "Cherished Policy" as the First of Three Phases of American Immigration Law |
10 Southwestern Journal of Law and Trade in the Americas 63 (2003-2004) |
I. Introduction. 64 II. Phase I: The Cherished Policy of Encouraging Foreign Migration. 66 A. Justice John McLean's Cherished Policy and The Passenger Cases. 66 B. Another Voice Supportive of Unrestricted Immigration, J. Prescott Hall, Esq.. 70 C. Chief Justice Roger B. Taney's Dissent: Benefits and Pitfalls of Immigration. 71 D. Justice Daniel... |
2004 |
| Sarah M. Wood |
Vawa's Unfinished Business: the Immigrant Women Who Fall Through the Cracks |
11 Duke Journal of Gender Law & Policy 141 (Spring 2004) |
Domestic violence is a crime that does not recognize racial, cultural, or socioeconomic barriers. Between 1992 and 1996, there were an average of 960,000 incidents of violence between partners in an intimate relationship per year; most of these victims were women. The case of the Latin American immigrant community is examined later in Part IV of... |
2004 |
| 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 |
| 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 |
| Maria Bucci |
Young, Alone, and Fleeing Terror: the Human Rights Emergency of Unaccompanied Immigrant Children Seeking Asylum in the United States |
30 New England Journal on Criminal and Civil Confinement 275 (Summer, 2004) |
Imagine being forced to abandon your home, your belongings, your everyday life. Imagine being separated from . your family . [and] herded into a camp alongside thousands of others . as a massive purge sweeps your country. Meena awoke to the sound of gunfire. The sounds of violence and destruction were not new or surprising, yet an intense fear... |
2004 |
| Ruben J. Garcia |
Across the Borders: Immigrant Status and Identity in Law and Latcrit Theory |
55 Florida Law Review 511 (January, 2003) |
I. L2-3,T3Introduction 512. II. L2-3,T3The Porous Borders of Existing Legal Doctrines 515. A. Workplace Law: Weak Protection of Immigrants. 515 B. Fair Housing Law: No Home for the Immigrant Worker. 520 C. Darkness: Public Accommodations, Hate Crimes, and Street Harassment. 522 D. The Mutually Constitutive Nature of Law and Society. 523 III.... |
2003 |
| Juliet Stumpf, Bruce Friedman |
Advancing Civil Rights Through Immigration Law: One Step Forward, Two Steps Back? |
6 NYU Journal of Legislation and Public Policy 131 (2002-2003) |
The migration of the labor pool across international borders forces nations to face conflicting pressures to maintain the cultural and economic status of the current population, while at the same time responding to the demand for more labor. In the United States, the response to this problem is immigration law-- the primary tool that the... |
2003 |
| Melissa Cook |
Banished for Minor Crimes: the Aggravated Felony Provision of the Immigration and Nationality Act as a Human Rights Violation |
23 Boston College Third World Law Journal 293 (Spring, 2003) |
Abstract: The aggravated felony provision of the U.S. Immigration and Nationality Act was was originally intended to provide for the deportation of non-citizens convicted of very serious crimes. Over the last 15 years, however, the provision has been consistently expanded to include a plethora of minor crimes that are neither aggravated nor... |
2003 |
| Asli Ü Bâli |
Changes in Immigration Law and Practice after September 11: a Practitioner's Perspective |
2 Cardozo Public Law, Policy and Ethics Journal 161 (December 1, 2003) |
Although America is properly described as a nation of immigrants, periods of national crisis have revealed the vulnerability of immigrants' rights to hysteria and repression. When national security is threatened, this country has a blemished history of targeting immigrant communities. This is exemplified by the anti-Catholic animus of the... |
2003 |
| Victor C. Romero |
Decoupling "Terrorist" from "Immigrant:" an Enhanced Role for the Federal Courts Post 9/11 |
7 Journal of Gender, Race and Justice 201 (Spring 2003) |
Immigration law is traditionally understood to encompass the rules that govern foreign citizens' entry into and departure from the United States, and may therefore be seen as an important domestic arm of the nation's foreign policy power. Immigration law is the exclusive purview of the federal government. While there are times when federal law... |
2003 |
| Kenya Hart |
Defending Against a "Death by English" : English-only, Spanish-only, and a Gringa's Suggestions for Community Support of Language Rights |
14 Berkeley La Raza Law Journal 177 (Fall 2003) |
Introduction. 178 I. Language Minorities and Language Legislation in the United States. 182 A. Immigrants and Immigration. 182 B. Minority Languages. 184 C. The English-Only Movement. 185 II. English-Only, Spanish-Only, and First Amendment Interests. 189 A. Article 28 and Yniguez v. Arizonans for Official English. 191 1. Article 28 of the Arizona... |
2003 |
| Michele Totah |
Fortress Italy: Racial Politics and the New Immigration Amendment in Italy |
26 Fordham International Law Journal 1438 (May, 2003) |
We need a law that can deal with these invasions, otherwise crime will continue to rise and Italian culture will be threatened . . . People who come to Italy must come to work. We will make illegal immigration a serious crime . . . Stop treating illegal immigrants like normal people. Only people who have got work contracts can come in. And we need... |
2003 |
| Ruben J. Garcia |
Ghost Workers in an Interconnected World: Going Beyond the Dichotomies of Domestic Immigration and Labor Laws |
36 University of Michigan Journal of Law Reform 737 (Summer 2003) |
Beginning with the September 11, 2001 (9/11) terrorist attacks, the labor movement's plans to organize immigrant workers and achieve immigration reform have met serious challenges. After 9/11, the political climate surrounding immigrants put the AFL-CIO's hopes for legislative reform on hold, because of socially perceived connections between... |
2003 |
| Kathleen Anne Harvey |
How Does Immigration Law Today Affect Your Domestic Law Practice? |
72-MAY Journal of the Kansas Bar Association 16 (May, 2003) |
The Chinese Exclusion Act of 1888 was America's first law restricting immigration by race or nationality to the United States. The USA PATRIOT Act of 2001, and the Homeland Security Act of 2002 are the latest government efforts to tighten restrictions on aliens both present or entering the United States. Between 1888 and 2003, we have seen several... |
2003 |
| Michael J. Wishnie |
Immigrants and the Right to Petition |
78 New York University Law Review 667 (May 1, 2003) |
Today in the United States, millions of undocumented persons are working long hours for illegally low pay, in workplaces that violate health and safety codes, for employers who defy labor and antidiscrimination laws. Many more fall victim to criminal activity, forced into involuntary servitude and subjected to physical abuse. Yet these immigrants... |
2003 |
| Howard F. Chang |
Immigration and the Workplace: Immigration Restrictions as Employment Discrimination |
78 Chicago-Kent Law Review 291 (2003) |
I. The Liberal Ideal and the Cosmopolitan Perspective. 295 A. Immigration Restrictions and Global Economic Welfare. 296 B. Justice and the Alien. 298 II. Immigration Restrictions and National Economic Welfare. 303 A. Effects of Immigration in the Labor Market. 304 1. Effects on Native Workers: Empirical Evidence. 305 2. Income Distribution and the... |
2003 |
| Hiroshi Motomura |
Immigration and We the People after September 11 |
66 Albany Law Review 413 (2003) |
Immigration and citizenship issues are part of a larger discussion about how America should respond to the terrorist attacks of September 11, 2001. At the same time, how America should respond to terrorism is part of a larger discussion of immigration and citizenship issues. Both of these discussions are part of an ongoing conversation about... |
2003 |
| Jan Ting |
Immigration Law Reform after 9/11: What Has Been and What Still Needs to Be Done |
17 Temple International and Comparative Law Journal 503 (Fall 2003) |
So here we are, eighteen months after the terrorist attacks of September 11, 2001 (9/11), and the most significant event of the past eighteen months is what did not happen. The United States has not experienced another terrorist attack on the scale of 9/11. Would any of us have dared to so predict eighteen months ago? Why have we experienced no... |
2003 |
| Ruchir Patel |
Immigration Legislation Pursuant to Threats to Us National Security |
32 Denver Journal of International Law and Policy 83 (Winter 2003) |
This article will examine the United States' immigration legislation in the face of threats to national security. Throughout history foreign enemies have threatened the American way of life, from the Germans in World War I, to the spread of Communism, to the current threat of terrorism. As history has demonstrated, the U.S. has taken drastic... |
2003 |
| Kevin R. Johnson |
Immigration, Civil Rights, and Coalitions for Social Justice |
1 Hastings Race and Poverty Law Journal 181 (Fall, 2003) |
In the face of persistent attacks in the popular press, as well as academia, the critical study of the impact of race on the social fabric of the United States continues. Immigration law historically has been considered a specialty area of practitioners spurned by academics. However, the treatment of aliens, particularly noncitizens of color,... |
2003 |
| Sarah Cleveland, Beth Lyon, Rebecca Smith |
Inter-american Court of Human Rights Amicus Curiae Brief: the United States Violates International Law When Labor Law Remedies Are Restricted Based on Workers' Migrant Status |
1 Seattle Journal for Social Justice 795 (Spring/Summer, 2003) |
On March 27, 2002, the U.S. Supreme Court decided a case called Hoffman Plastic Compounds, Inc. v. NLRB. In Hoffman, the Supreme Court held that a worker who is undocumented could not recover the remedy of back pay under the National Labor Relations Act (NLRA). The case involved an immigrant worker named José Castro who was working in a factory in... |
2003 |
| |
Most RelevantChildren's Section on the Educational Impact of Youth's Immigration Experience |
7 U.C. Davis Journal of Juvenile Law & Policy 355 (Summer 2003) |
In this issue, the Children's Section focuses on the educational experience of youth immigrating to the United States. Interviews with two individuals who immigrated to this country as young children provide first-hand perspectives on how to effectively integrate immigrating youth into the American educational system. Drawings depicting immigrant... |
2003 |
| Robert S. Chang |
Most RelevantMigrations, Citizens and Latinas/os: the Sojourner's Truth and Other Stories |
55 Florida Law Review 479 (January, 2003) |
I. Centering the Immigrant. 481 II. The Border, the Family, and the Nation. 484 III. My House in the Last World. 486 IV. The Sojourner's Truth. 488 |
2003 |
| Kevin R. Johnson |
Most RelevantSeptember 11 and Mexican Immigrants: Collateral Damage Comes Home |
52 DePaul Law Review 849 (Spring 2003) |
The federal government responded swiftly to the mass destruction and horrible loss of life on September 11, 2001. Quickly initiating a war on terror, the U.S. government pursued military action in Afghanistan. The violation of the civil rights of Arab and Muslim noncitizens in the United States followed as well. In the months immediately after... |
2003 |
| Victor C. Romero |
Noncitizen Students and Immigration Policy Post-9/11 |
17 Georgetown Immigration Law Journal 357 (Spring, 2003) |
My task is to describe the post-9/11 world for noncitizens students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to... |
2003 |
| Kevin R. Johnson |
Open Borders? |
51 UCLA Law Review 193 (October, 2003) |
U.S. immigration law is premised on the fundamental idea that it is permissible, desirable, and necessary to restrict immigration into the United States and to treat borders as a barrier to entry rather than a port of entry. In this Article, Kevin Johnson seeks to add to the scholarly dialogue on immigration law by considering the possible... |
2003 |
| Shirin Sinnar |
Patriotic or Unconstitutional? The Mandatory Detention of Aliens under the Usa Patriot Act |
55 Stanford Law Review 1419 (April, 2003) |
Introduction. 1420 I. Statutory Analysis: The USA Patriot Act Immigration Provisions. 1422 A. Section 412: Mandatory Detention of Certified Aliens. 1424 B. The Effect of Section 412. 1426 II. The Due Process Clause of the Fifth Amendment. 1427 III. Procedural Due Process. 1429 A. Is There a Protected Liberty Interest?. 1429 B. What Process Is... |
2003 |
| Victor C. Romero |
Proxies for Loyalty in Constitutional Immigration Law: Citizenship and Race after September 11 |
52 DePaul Law Review 871 (Spring 2003) |
I want to share with you some thoughts about using citizenship and race as proxies for loyalty in constitutional immigration discourse within two contexts: one historical and one current. The current context is the profiling of Muslim and Arab immigrants post-September 11, and the historical context is the distinction the Constitution draws between... |
2003 |
| Richard A. Boswell |
Racism and U.s. Immigration Law: Prospects for Reform after "9/11?" |
7 Journal of Gender, Race and Justice 315 (Fall 2003) |
I. Introduction II. Brief History of Racial Exclusion in U.S. Immigration Policy A. Mexican, Asian and African Exclusion B. The National Origin Quota C. The 1965 Immigration Act D. The 1964 Civil Rights Laws E. The Modern Reform Movements III. Problems in the Immigration System A. Structural Barriers B. Doctrinal Barriers C. Attitudinal Barriers... |
2003 |
| Harvey Gee |
Semblances of Sovereignty: the Constitution, the State, and American Citizenship, T. Alexander Aleinikoff, Harvard University Press, 2002. Pp. 223. |
16 Saint Thomas Law Review 147 (Fall 2003) |
A major contribution to the contemporary thinking about immigration, citizenship, and assimilation is offered by Georgetown Law Center Law Professor T. Alexander Aleinikoff in his recent volume, Semblances of Sovereignty: The Constitution, the State, and American Citizenship. The book helps to advance the immigration debate and define what it means... |
2003 |
| Peter A. Le Piane |
Stateless Corporations: Challenges the Societas Europaea Presents for Immigration Laws |
18 Saint John's Journal of Legal Commentary 311 (Fall 2003) |
Since the 1882 Chinese Exclusion Act, the United States has instituted complex and systematic controls on immigration. Under the current system of immigration, an alien who intends to enter the United States is inadmissible unless he or she fits into one of the narrowly defined exceptions embodied by the alphabet soup of visa categories and is... |
2003 |
| Professor Leti Volpp |
Syllabus: Asian Pacific Americans and the Law |
10 Asian Law Journal 97 (May, 2003) |
Yen Le Espiritu, Asian American Panethnicity: Bridging Institutions and Identities 1-2, 12-18 (1992). Lisa Lowe, Heterogeneity, Hybridity, Multiplicity: Asian American Differences, in Immigrant Acts: On Asian American Cultural Politics 60-83 (1996). Chris Iijima, The Era of We-Construction: Reclaiming the Politics of Asian Pacific American Identity... |
2003 |
| Kevin R. Johnson |
The Case for African American and Latina/o Cooperation in Challenging Racial Profiling in Law Enforcement |
55 Florida Law Review 341 (January, 2003) |
I. L2-3,T3Racial Profiling in Law Enforcement 343. A. Criminal Law Enforcement. 343 B. Immigration Enforcement. 347 II. L2-3,T3Similar Harms, Common Concerns, and the Relationship Between Different Forms of Race-Based Law Enforcement 353. III. L2-3,T3The Efficacy of Multiracial Coalitions in Challenging Racial Profiling in Law Enforcement 357. IV.... |
2003 |
| Ming-sung Kuo |
The Duality of Federalist Nation-building: Two Strains of Chinese Immigration Cases Revisited |
67 Albany Law Review 27 (2003) |
The terrorist attacks on September 11, 2001 rekindled the national debate on the status of non-citizen immigrants in the United States. While the ostensible cause of this debate--a massive atrocity committed by non-U.S. citizens--is new, its substance is not. Over a century ago, two cases involving the constitutional status of Chinese immigrants in... |
2003 |
| Kathryn Lohmeyer |
The Pitfalls of Plenary Power: a Call for Meaningful Review of Nseers "Special Registration" |
25 Whittier Law Review 139 (Fall 2003) |
The benefit of having an agency that fights terrorism control immigration over Attorney General Ashcroft's Department of Justice is, I assume, as obscure to others as it is to me. On September 11, 2001, terrorist attacks on New York City and Washington, D.C. held our nation transfixed in fear. We quickly learned that the terrorists had been... |
2003 |
| Mae M. Ngai |
The Strange Career of the Illegal Alien: Immigration Restriction and Deportation Policy in the United States, 1921-1965 |
21 Law and History Review 69 (Spring, 2003) |
In January 1930 officials of the Bureau of Immigration testified about the Border Patrol before a closed session of the House Immigration Committee. Henry Hull, the commissioner general of immigration, explained that the Border Patrol did not operate on the border line but as far as one hundred miles back of the line. The Border Patrol, he... |
2003 |
| Kevin R. Johnson |
The Struggle for Civil Rights: the Need For, and Impediments To, Political Coalitions among and Within Minority Groups |
63 Louisiana Law Review 759 (Spring, 2003) |
The ominous title of this conference-Is Civil Rights Law Dead?-is in no small part a sign of the times. The last few years have seen dire setbacks in civil rights law, including but not limited to attacks on affirmative action, passage of restrictionist immigration legislation and welfare reform, imposition of limits on civil rights litigation,... |
2003 |
| 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 |
| Michelle Carey |
You Don't Know If They'll Let You out in One Day, One Year, or Ten Years . . . Indefinite Detention of Immigrants after Zadvydas V. Davis |
24 Chicano-Latino Law Review 12 (Spring 2003) |
They just lock us up and throw away the key. It's like a people business for them. They don't care about us. They have beds here and it's like they're losing business unless they fill up the beds. So they just keep us locked down . . . I understand that I made a mistake, but I already did my time for that. Here I don't even know how much time I... |
2003 |
| Harvey Gee |
A Review of Frank Wu's Renegotiating America's Multi-colored Lines |
5 New York City Law Review 203 (Fall 2002) |
During the mid-1990s, affirmative action and immigration were the most controversial political issues of the day. The fact that both subjects concerned race was perhaps part of the reason for this great fervor. As many Americans reevaluated civil rights policy, especially affirmative action, remarkably, there was virtually no discussion of the... |
2002 |
| Bill Ong Hing |
Answering Challenges of the New Immigrant-driven Diversity: Considering Integration Strategies |
40 Brandeis Law Journal 861 (Summer, 2002) |
In an odd manner, the tragic events of September 11th served as a reminder that the United States is a nation of immigrants that has grown more and more diverse since the 1965 amendments to the country's immigration laws. As the nation reeled from the attacks, we regrouped in incredible demonstrations of unity and patriotism. Yet, an ugly side of... |
2002 |