AuthorTitleCitationSummaryYear
Natsu Taylor Saito Asserting Plenary Power over the "Other": Indians, Immigrants, Colonial Subjects, and Why U.s. Jurisprudence Needs to Incorporate International Law 20 Yale Law and Policy Review 427 (2002) I. Human Rights and the Contradictions Within U.S. Law. 427 II. Origins of the Plenary Power Doctrine: The 19th Century Cases. 433 A. Immigrants. 434 B. Indian Nations. 437 C. External Colonies. 443 III. Plenary Power Today: The Doctrine and the Destruction. 447 A. Immigrants. 447 B. Indian Nations. 451 C. External Colonies. 455 IV. The Inadequacy... 2002
Adrienne R. Bellino Changing Immigration for Arabs with Anti-terrorism Legislation: September 11 Was Not the Catalyst 16 Temple International and Comparative Law Journal 123 (Spring 2002) September 11, 2001 marked the largest terrorist attack to ever take place on U.S. soil. Terrorists, an amorphous group of people who are difficult to identify and retaliate against, perpetuated this attack. Retaliation appeared evident, however, in Congress' rush to legislate via the USA PATRIOT Act of 2001. This legislation was perceived as a... 2002
Victor C. Romero Devolution and Discrimination 58 New York University Annual Survey of American Law 377 (2002) One way to determine whether the national or the state governments should have the power over immigration, that is, the ability to regulate the flow of noncitizens into a polity, is to look at the text of the U.S. Constitution, which purports to allocate powers between these entities. Unfortunately, the word immigration appears nowhere in the... 2002
David Cole Enemy Aliens 54 Stanford Law Review 953 (May, 2002) Come on, let us deal wisely with them; lest they multiply, and it come to pass, that, when there falleth out any war, they join also unto our enemies, and fight against us, and so get them up out of the land. Exodus 1:10 To those who pit Americans against immigrants and citizens against non-citizens, to those who scare peace-loving people with... 2002
Erin M. O'Callaghan Expedited Removal and Discrimination in the Asylum Process: the Use of Humanitarian Aid as a Political Tool 43 William and Mary Law Review 1747 (March, 2002) In 1996 Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Through this act, Congress attempted to combat illegal immigration, while revamping the asylum process in the United States. Some of the harshest new measures were instituted under the expedited removal system. This system allows the Immigration and... 2002
David M. Turoff Illegal Aliens: Can Monetary Damages Be Recovered from Countries of Origin under an Exception to the Foreign Sovereign Immunities Act? 28 Brooklyn Journal of International Law 179 (2002) For many years the United States (U.S.) has struggled with the high costs of illegal immigration, mounting to $5.4 billion in public assistance alone in 1990, according to one study. In response the federal government has restricted social service and health care benefits paid to illegal aliens. Affected states, including Arizona, California,... 2002
Kenneth Juan Figueroa Immigrants and the Civil Rights Regime: Parens Patriae Standing, Foreign Governments and Protection from Private Discrimination 102 Columbia Law Review 408 (March, 2002) Easily identified by race and certain shared social characteristics, today's immigrants are particularly susceptible to private discrimination. While immigrants are protected by a series of federal antidiscrimination statutes, enforcement of these statutes is complicated by the existence of various social obstacles and by the fact that state and... 2002
Sameer M. Ashar Immigration Enforcement and Subordination: the Consequences of Racial Profiling after September 11 34 Connecticut Law Review 1185 (Summer, 2002) I appreciate the opportunity offered by this Symposium to reflect on the questions raised by immigration enforcement activities undertaken since the September 11 attacks. Like many others in New York and elsewhere, the shock of the collapse of the World Trade Center towers caused me to lose sensation in some part of myself. The spate of hate crime... 2002
Marie A. Taylor Immigration Enforcement Post-september 11: Safeguarding the Civil Rights of Middle Eastern-american and Immigrant Communities 17 Georgetown Immigration Law Journal 63 (Fall, 2002) The terrorist attacks of September 11, 2001 caused untold suffering and resulted in the loss of thousands of lives. They will almost certainly be remembered as one of the worst tragedies experienced by the United States. In the wake of the attacks fear and outrage gripped the nation. With much popular support, the Bush administration and a... 2002
Nora V. Demleitner Immigration Threats and Rewards: Effective Law Enforcement Tools in the "War" on Terrorism? 51 Emory Law Journal 1059 (Summer 2002) Since September 11, 2001, the United States has witnessed the mass arrests of Arab and Muslim immigrants. While none of these men have been charged with terrorism-related offenses, most of them have been held in immigration detention. Some have been deported because of immigration violations or prior criminal convictions which were not related to... 2002
Michael J. Wishnie Introduction: Immigration and Federalism 58 New York University Annual Survey of American Law 283 (2002) Two of the most important legal trends of recent years have been the dramatic changes in the nation's immigration laws and the general devolution of decision-making authority from federal to state and local governments. The papers for this symposium address the convergence of these two trends, by examining the numerous issues of policy, principle,... 2002
Rachel E. Rosenbloom Is the Attorney General the Custodian of an Ins Detainee? Personal Jurisdiction and the "Immediate Custodian" Rule in Immigration-related Habeas Actions 27 New York University Review of Law and Social Change 543 (2001-2002) Habeas corpus, the Great Writ, allows those in government custody to challenge the legality of their confinement. Individuals may petition federal courts for writs of habeas corpus to review such diverse forms of custody as state court criminal sentences, military draft orders, and orders of deportation. For those in the custody of the... 2002
Sanford G. Hooper Judicial Minimalism and the National Dialogue on Immigration: the Constitutional Avoidance Doctrine in Zadvydas V. Davis 59 Washington and Lee Law Review 975 (Summer, 2002) The constitutional avoidance doctrine is a canon of construction dictating that where a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, [a court's] duty is to adopt the latter. Although the avoidance doctrine is nearly a century... 2002
Kevin R. Johnson Latinas/os and the Political Process: the Need for Critical Inquiry 81 Oregon Law Review 917 (Winter 2002) Migration from Mexico to the United States was a fact of life in the twentieth century. It continues in the new millennium, with more than 200,000 lawful immigrants from Mexico--the largest contingent of immigrants from any nation-- coming to the United States in 2001 alone. An important part of the nation's labor force, Mexican immigrants... 2002
Leti Volpp Migrating Identities: on Labor, Culture, and Law 27 North Carolina Journal of International Law and Commercial Regulation 507 (Spring 2002) If Asians would just stop abusing their own, we'd be rid of sweatshops. When is the language of culture used to explain the exploitation of immigrant workers? Cultural pathology arguments are made by those seeking to defend corporate practices and in turn, are invoked by advocates defending the rights of immigrant workers. This essay examines the... 2002
Sylvia R. Lazos Vargas Missouri, the "War on Terrorism," and Immigrants: Legal Challenges Post 9/11 67 Missouri Law Review 775 (Fall 2002) The 2000 census confirmed what many already knew--the traditional image of what it means for Missouri to be a heartland state is changing. The 2000 census shows that the fastest growing racial/ethnic group in Missouri are Latinos. A total of 118,592 Missourians self identify as Latinos, almost doubling during the last decade. Latino growth has... 2002
Roland Estevez Modern Application of the Cuban Adjustment Act of 1966 and Helms-burton: Adding Insult to Injury 30 Hofstra Law Review 1273 (Summer 2002) Remember, remember always that all of us, and you and I especially, are descended from immigrants and revolutionists.--President Franklin D. Roosevelt In the summer of 1955, while in the Mexican apartment of Cuban exile Maria Antonia Gonzalez, two young and well-educated men, one a doctor and the other a lawyer, met and developed a friendship... 2002
NORA V. DEMLEITNER, JON M. SANDS Assistant Federal Public Defender, District of Arizona Non-citizen Offenders and Immigration Crimes: New Challenges in the Federal System 2002 Federal Sentencing Reporter 31304859 (March 1, 2002) In absolute numbers the last decade has seen the largest influx of immigrants in the history of the United States. With the rise in immigration, the United States has also witnessed an increase in the number of non-citizens under the supervision of the criminal justice system. The vast increase in immigration has raised a series of important... 2002
Leslie Castro, Chris Nugent, Andrew Painter, Andrew Morton, Christina DeConcini, Kareem Shora, Carol Wolchok, Steven Lang Perversities and Prospects: Whither Immigration Enforcement and Detention in the Anti-terrorism Aftermath? 9 Georgetown Journal on Poverty Law and Policy Pol'y 1 (Winter, 2002) We must not establish by law within our own borders the very tyranny that we are now pledged to destroy. Foreword: Leslie Castro. 1 I. Remarks of Moderator Chris Nugent. 2 II. Remarks of Panelist Andrew Painter. 9 III. Remarks of Panelist Andrew Morton. 13 IV. Remarks of Panelist Christina DeConcini. 17 V. Remarks of Panelist Kareem Shora. 22 VI.... 2002
Susan M. Akram , Kevin R. Johnson Race, Civil Rights, and Immigration Law after September 11, 2001: the Targeting of Arabs and Muslims 58 New York University Annual Survey of American Law 295 (2002) Although only time will tell, September 11, 2001, promises to be a watershed in the history of the United States. After the tragic events of that day, including the hijacking of four commercial airliners for use as weapons of mass destruction, America went to war on many fronts, including but not limited to military action in Afghanistan. As... 2002
Enid Trucios-Haynes Temporary Workers and Future Immigration Policy Conflicts: Protecting U.s. Workers and Satisfying the Demand for Global Human Capital 40 Brandeis Law Journal 967 (Summer, 2002) Immigration should not be our principal public policy response to temporary labor shortages. [I]mmigration must be part of an overall human resources policy that recognizes the needs of members of our own society who have been left behind. The United States has relied on its national immigration policy to increase the available labor pool since... 2002
Todd Stevens Tender Ties: Husbands' Rights and Racial Exclusion in Chinese Marriage Cases, 1882-1924 27 Law and Social Inquiry 271 (Spring 2002) When Congress ended the immigration of Chinese laborers in 1882, the Chinese population was over 95% male. While there has been much disagreement about why so few women came, the more fruitful question may be to ask how Chinese women were able to immigrate to the United States at all. Central to their immigration were legal arguments for lawful... 2002
Javier Talamo The Cuban Adjustment Act: a Law under Siege? 8 ILSA Journal of International and Comparative Law 707 (Spring, 2002) I. L2-3,T3Introduction 707. II. L2-3,T3Cuban Adjustment Act of 1966: Congressional Intent 708. III. L2-3,T3Application and Use in Subsequent Migration Crisis: Mariel-Guantanamo 711. IV. L2-3,T3Enforcement or Circumvention of the Cuban Adjustment Act? 716. V. L2-3,T3INS Interpretation of the Illegal Immigration and Immigrant Responsibility of 1996... 2002
Kevin R. Johnson The End of "Civil Rights" as We Know It?: Immigration and Civil Rights in the New Millennium 49 UCLA Law Review 1481 (June, 2002) This Article considers how emerging critical scholarship contributes to our understanding of the civil rights implications of immigration law and its enforcement. It further analyzes how immigration generates, and will continue to generate, new civil rights controversies in the United States for the foreseeable future. The nation has only begun to... 2002
Kristalee Guerra The Policy and Politics of Illegal Immigrant Health Care in Texas 3 Houston Journal of Health Law & Policy 113 (Fall 2002) This comment will focus on the July 2001 Texas Attorney General advisory decision that barred Texas county hospital districts from providing preventive health services to undocumented immigrants. Although illegal immigrants can still receive medical care for emergency conditions, immunizations, and communicable diseases, the Attorney General's... 2002
Victor C. Romero The Selective Deportation of Same-gender Partners: in Search of the "Rara Avis" 56 University of Miami Law Review 537 (April, 2002) In Adams v. Howerton, the Ninth Circuit adjudicated an issue that may become an important civil rights concern during this millennium: Is it constitutional for Congress to deny immigration benefits to the foreign same-gender partner of a United States citizen? The panel upheld the constitutionality of interpreting Immigration and Nationality Act... 2002
Theodore W. Maya To Serve and Protect or to Betray and Neglect?: the Lapd and Undocumented Immigrants 49 UCLA Law Review 1611 (June, 2002) In this Comment, Theodore Maya examines Special Order 40, the Los Angeles Police Department's (LAPD's) internal mandate limiting officers' ability to question Los Angelenos about their immigration status. He explores the history of the LAPD's relationship with the city's immigrant and minority populations, and the constitutional and legal issues... 2002
Kevin R. Johnson U.s. Border Enforcement: Drugs, Migrants, and the Rule of Law 47 Villanova Law Review 897 (2002) OVER the last few decades, law enforcement efforts to control the U.S. borders have focused on drugs and illegal immigrants. While the North American Free Trade Agreement encouraged the free flow of capital and goods across American borders, the United States almost simultaneously with the trade pact's approval took aggressive steps in the name of... 2002
James H. Johnson, Jr. U.s. Immigration Reform, Homeland Security, and Global Economic Competitiveness in the Aftermath of the September 11, 2001 Terrorist Attacks 27 North Carolina Journal of International Law and Commercial Regulation 419 (Spring 2002) After nearly a half-century of liberal immigration policymaking, the U.S. government has implemented a series of get tough reforms in recent years, including the USA Patriot Act of 2001, which are designed to reduce the nation's risk of exposure to future acts of terrorism. Research indicates that most of the amendments to our immigration policy... 2002
Peter Margulies Uncertain Arrivals: Immigration, Terror, and Democracy after September 11 2002 Utah Law Review 481 (2002) American immigration law has struggled to balance two crucial values: democracy and security. Historically, national imagery celebrates immigration's role in renewing democracy. Yet, apprehension about the risks of immigration has also fueled recurring concerns about the security of American institutions. The tragic events of September 11, 2001... 2002
Bill Ong Hing Vigilante Racism: the De-americanization of Immigrant America 7 Michigan Journal of Race and Law 441 (Spring 2002) Ahmad Namrouti is giving up on America. It's just too difficult to be an Arab and live here, said the San Francisco grocer. I'm afraid, said the native of Jordan, who came here seven years ago to follow his dreams. I came here for freedom, to live here . . . for the good life . . . . At 59, Namrouti had just received his U.S. citizenship when... 2002
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
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
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
SAMUEL W. BETTWY A Proposed Legislative Scheme to Solve the Mexican Immigration Problem 2 San Diego International Law Journal 93 (2001) I. Introduction. 94 II. The Current Quota System. 98 III. Legislation That Has Led to the Mexican Immigration Problem. 102 A. Discrimination Against Asians (1875-1964). 103 B. Discrimination Against Eastern and Southern Europeans (1917-1964). 104 C. By Contrast, Pre-1965 Legislation That Favored Mexicans. 106 D. Immigration Legislation Inspired by... 2001
Anita Christina Butera Assimilation, Pluralism and Multiculturalism: the Policy of Racial/ethnic Identity in America 7 Buffalo Human Rights Law Review Rev. 1 (2001) In the spring of 1921, 19 year old Annamaria and her 16 year old brother, Giuseppe, had finally completed their voyage to the United States from the Italian town of Palermo. After disembarking from the cramped and unsanitary quarters of the steamship, they wearily endured the endless lines and official inspections of the Ellis Island immigrant... 2001
Anita Sinha Domestic Violence and U.s. Asylum Law: Eliminating the "Cultural Hook" for Claims Involving Gender-related Persecution 76 New York University Law Review 1562 (November, 2001) In this Note, Anita Sinha examines the treatment of asylum claims involving gender-related persecution. Analyzing the three most recent decisions published by the Board of Immigration Appeals, Sinha illustrates that these cases have turned on whether the gender-related violence can be linked to practices attributable to non-Western, foreign... 2001
Peter H. Schuck Immigration at the Turn of the New Century 33 Case Western Reserve Journal of International Law L. 1 (Winter, 2001) Migration is perhaps the most insistent world phenomenon of our age. The propensity to migrate in search of a better life has always been among the most powerful of human drives, and perhaps never more than today. Migration theorists attempting to explain population movements often distinguish between so-called push and pull factors. Before the... 2001
Catherine E. Halliday Inheriting the Storied Pomp of Ancient Lands: an Analysis of the Application of Federal Immigration Law on the United States'northern and Southern Borders 36 Valparaiso University Law Review 181 (Fall, 2001) Not like the brazen giant of Greek fame, With conquering limbs astride from land to land; Here at our sea-washed, sunset gates shall stand A mighty woman with a torch, whose flame Is the imprisoned lightning, and her name Mother of Exiles. From her beacon-hand Glows world-wide welcome; her mild eyes command The air-bridged harbor that twin cities... 2001
Michael J. Wishnie Laboratories of Bigotry? Devolution of the Immigration Power, Equal Protection, and Federalism 76 New York University Law Review 493 (May, 2001) In this Article, Professor Michael Wishnie addresses the current pressing problem of denial of benefits to legal immigrants under the 1996 Welfare Reform Act in the context of a deeper inquiry into the very heart of immigration law: From where does the federal government derive the power to regulate its borders? Can Congress devolve this power to... 2001
Leslye Orloff Lifesaving Welfare Safety Net Access for Battered Immigrant Women and Children: Accomplishments and next Steps 7 William and Mary Journal of Women and the Law 597 (Spring, 2001) The United States is currently experiencing one of the largest waves of immigration in its history. Contrary to common assumptions, more than half of new immigrants are women. Despite this fact, U.S. immigration policy and most agencies serving immigrants have remained blind to gender differences and have treated all immigrants alike. Immigrant... 2001
Kunal M. Parker Making Blacks Foreigners: the Legal Construction of Former Slaves in Post-revolutionary Massachusetts 2001 Utah Law Review 75 (2001) How might one conceive of African-American history as U.S. immigration history, and with what implications for our understanding of immigration itself? The historiography of U.S. immigration has been heavily invested in producing an idea of immigrants as individuals who move from there to here, with both there and here taken to be actually... 2001
Lisa Sun-Hee Park Perpetuation of Poverty Through "Public Charge" 78 Denver University Law Review 1161 (2001) A number of federal and state policies have had significant impacts on low-income, pregnant immigrant women living in California. This paper focuses on the issue of Public Charge, in conjunction with the 1996 Welfare Reform and the 1996 Immigration Act. I argue that the social contexts that helped garner support for such anti-immigrant... 2001
Patrick Weil Races at the Gate: a Century of Racial Distinctions in American Immigration Policy (1865-1965) 15 Georgetown Immigration Law Journal 625 (Summer, 2001) Traditionally, scholars who study the history of American immigration policy adhere to one of two paths. The first path distinguishes between restrictionist or racist and liberal periods or ideologies. The other path, a more institutional approach, differentiates between a period without control, beginning with the foundation of the republic... 2001
Nimish R. Ganatra The Cultural Dynamic in Domestic Violence: Understanding the Additional Burdens Battered Immigrant Women of Color Face in the United States 2 Journal of Law in Society 109 (Winter, 2001) The women's movement has made significant progress on many issues over the past thirty years. Included among the accomplishments are the gains achieved by the anti-domestic violence movement in making violence against women a crime and a growing concern for society. However, not all of the intended beneficiaries of the anti-domestic violence... 2001
Michele R. Pistone , Philip G. Schrag The New Asylum Rule: Improved but Still Unfair 16 Georgetown Immigration Law Journal L.J. 1 (Fall, 2001) In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which some observers have reasonably characterized as the harshest, most procrustean immigration control measure in [the twentieth] century. Enacted during a brief flood-tide of anti-immigrant sentiment, which receded soon afterward, IIRIRA made... 2001
Harvey Gee The Refugee Burden: a Closer Look at the Refugee Act of 1980 26 North Carolina Journal of International Law and Commercial Regulation 559 (Spring 2001) I. Introduction. 560 II. Immigration, Policymaking, and the Law. 563 A. Citizenship and Community: The Racial and Cultural Politics of Belonging and the Plenary Power and Judicial Review. 563 B. Sharing the Burden of Refugees. 572 III. Reinterpreting Old Laws with New Perspectives. 573 IV. The Refugee Act of 1980 . 577 A. A Critical Theory of the... 2001
JORGE A. VARGAS U.s. Border Patrol Abuses, Undocumented Mexican Workers, and International Human Rights 2 San Diego International Law Journal L.J. 1 (2001) I. Introduction. 3 A. Long Journey From the South to El Norte Seeded with Hope and Dangers. 5 1. History, Geography, and Economics: The Three Fundamental Reasons for Mexican Migration. 5 2. Mexico: The Leading Source Country of Undocumented Immigration to the United States. 7 3. The Remote Origins and Periodic Causes of Mexican Migrations to El... 2001
Charles J. Ogletree, Jr. America's Schizophrenic Immigration Policy: Race, Class, and Reason 41 Boston College Law Review 755 (July, 2000) Abstract: The historical purpose of American immigration policy was to provide a haven for those fleeing persecution and those seeking prosperity, as well as to satisfy workforce and frontier-expansion needs. However, a survey of U.S. immigration policy reveals that this historical purpose has been distorted and abandoned, if in fact it ever... 2000
Mae M. Ngai, University of Chicago Andrew Gyory, Closing the Gate: Race, Politics, and the Chinese Exclusion Act. Chapel Hill: University of North Carolina Press, 1998. Xii, 354 Pp. $49.95 (Cloth). $19.95 (Paper). 44 American Journal of Legal History 304 (July, 2000) The Chinese exclusion laws (1882-1943) stand among the darkest moments in the history of American race policy. One of the first acts of federal legislation regulating immigrants, Chinese exclusion would remain the only policy that banned from entering the United States a group of people explicitly on grounds of race. Over the last thirty years... 2000
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