| Author | Title | Citation | Summary | Year |
| 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Children of a Lesser God: Should the Fourteenth Amendment Be Altered or Repealed to Deny Automatic Citizenship Rights and Privileges to American Born Children of Illegal Aliens?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 |
| Maria Luisa Sepulveda |
Barring Extraterritorial Protection for Haitian Refugees Interdicted on the High Seas: Sale V. Haitian Centers Council, Inc. |
44 Catholic University Law Review 321 (Fall, 1994) |
Give me your tired, your poor, [y]our huddled masses yearning to breathe free, [t]he wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! Although this axiom is often used to describe the United States immigration policy, United States immigration laws have traditionally... |
1994 |
| Aristide R. Zolberg |
Changing Sovereignty Games and International Migration |
2 Indiana Journal of Global Legal Studies 153 (Fall, 1994) |
In this article, Professor Zolberg argues that today's immigration issues should be analyzed within their historical bases. He follows the formation of the modern State, with particular focus on the legal and political meaning of sovereignty as understood in pre-colonial times down to the World War II period. He next identifies several late... |
1994 |
| Leslie Jose Zigel |
Constricting the Clave: the United States, Cuban Music, and the New World Order |
26 University of Miami Inter-American Law Review 129 (Fall 1994) |
I. Introduction. 130 A. The Travails of U.S. Concert Promoters Presenting Foreign Talent. 140 B. New York City: Jazz Capital of the World. 143 II. The History of Proclamation 5377. 146 A. Fidel Castro's Rise and the U.S. Government's Response. 146 B. U.S. Immigration Policy and Cuba. 150 C. The Reagan Years, Mariel, Radio Martú, and Proclamation... |
1994 |
| Marie-Claire S.F.G. Foblets |
Europe and its Aliens after Maastricht. The Painful Move to Substantive Harmonization of Member-states' Policies Towards Third-country Nationals |
42 American Journal of Comparative Law 783 (Fall 1994) |
Since the 1980's, immigration from outside Europe has been part of the debate surrounding European construction. The question of immigration to Europe has become politicized and popularized as a problem of non-European immigrants. Immigration from outside Europe, together with racism, have become major political issues in a number of European... |
1994 |
| R. George Wright |
Federal Immigration Law and the Case for Open Entry |
27 Loyola of Los Angeles Law Review 1265 (June 1, 1994) |
The most basic features of United States immigration law generate continuing controversy. Public debate over federal statutory limits on entry into the United States is ongoing and frequently passionate. The practical importance of the subject seems undeniable. The lives or welfare of many people are directly implicated. Many legal and political... |
1994 |
| Kirk L. Peterson |
Final Orders of Deportation, Motions to Reopen and Reconsider, and Tolling under the Judicial Review Provisions of the Immigration and Nationality Act |
79 Iowa Law Review 439 (January, 1994) |
Immigration law is as important as ever in the United States, the country built on immigration. During 1992, the United States admitted 810,635 legal immigrants, one of the largest one-year totals this century. In addition, the Immigration and Naturalization Service (INS) estimates that between 200,000 and 300,000 illegal aliens entered the United... |
1994 |
| Kevin R. Johnson |
Free Trade and Closed Borders: Nafta and Mexican Immigration to the United States |
27 U.C. Davis Law Review 937 (Summer 1994) |
Nineteen ninety-three was the year of immigration in the United States. Immigration emerged as a volatile, if not incendiary, public issue, beginning with a debacle concerning the employment of undocumented persons by two prominent women considered by a new President to serve as Attorney General. Several incidents further heightened public scrutiny... |
1994 |
| Louis Henkin |
Immigration and the Constitution: a Clean Slate |
35 Virginia Journal of International Law 333 (Fall, 1994) |
For post-prandial remarks, at this conference, I have decided to address only a huge subject, to talk only about what you already know, and to invite you to join me in a perhaps-quixotic battle. The title of my remarks is Immigration and the Constitution: A Clean Slate. For many of you, this title will ring bells. Many of you will recall the... |
1994 |
| Bill Ong Hing |
Immigration Policies: Messages of Exclusion to African Americans |
37 Howard Law Journal 237 (Winter, 1994) |
To many African Americans, the Coast Guard's interdiction and forced reversal of boats carrying Haitian refugees is a racist act directed at people of African descent. Until recently, this perception of racism in the application of U.S. immigration policies was reinforced by the contrasting news of planeloads and boatloads of Cuban refugees being... |
1994 |
| John Linarelli |
Immigration Politics and Sovereignty: National Responses to "Bad" Aliens |
88 American Society of International Law Proceedings 439 (April 6-9, 1994) |
The panel was convened at 2:30 p.m., Friday, April 8, by its Chair, Karen Engle, who introduced the panelists: Linda Bosniak, Rutgers Law School, Camden; Jean Manas, European Law Research Center, Harvard Law School; Harold Hongju Koh, Yale Law School; and Stacy Brustin, Columbus School of Law, The Catholic University of America. In 1987, Professor... |
1994 |
| M. Isabel Medina |
In Search of Quality Childcare: Closing the Immigration Gate to Childcare Workers |
8 Georgetown Immigration Law Journal 161 (Spring, 1994) |
There is irony in the fact that the candidacies of the first two women ever to be nominated for the position of United States Attorney General failed, in essence, because the two women were working mothers who had provided alternative, nonparental care for their children. Their candidacies began as a symbol of the successful integration of women... |
1994 |
| Linda Reyna Yanez , Alfonso Soto |
Local Police Involvement in the Enforcement of Immigration Law |
1 Hispanic Law Journal L.J. 9 (1994) |
C1-6TABLE OF CONTENTS L1-6 I. L2-5,T5Introduction 11 II. L2-5,T5Risk of Civil Rights Violations 12 A. L3-5,T5Reported Incidents 13 1. L4-5,T5United States v. Perez-Castro 14 2. L4-5,T5Cervantez v. Withfield 14 B. L3-5,T5Constitutional Standards at Issue 15 1. L4-5,T5Search and Seizure Law 16 2. L4-5,T5Equal Protection 20 III. L2-5,T5Defining the... |
1994 |
| Linda S. Bosniak |
Membership, Equality, and the Difference Thatalienage Makes |
69 New York University Law Review 1047 (December 1, 1994) |
Rising American concern over a perceived immigration crisis makes it a virtual certainty that courts will once again grapple with questions concerning the meaning and significance of alienage as a legal status category. Proposition 187, California's recently approved anti-immigration ballot initiative, may represent the most dramatic legislative... |
1994 |
| Kenneth L. Karst |
Out of Many, One? |
2 Indiana Journal of Global Legal Studies 65 (Fall, 1994) |
Once again, U.S. politics has placed the topic of immigration in the foreground of debate. The Governor of California has called for an amendment to the U.S. Constitution that would deny citizenship to a child born in the United States if the child's parents entered the country illegally. Although this appalling proposal seems unlikely to be taken... |
1994 |
| Virginia Ramadan, Rebecca Clark, Mark B. Lewis, Thomas E. Fox, Moderator Associate Professor of Law, New York Law School, Research Associate, Urban Institute Population Study Center, Associate Commissioner, office of Refugee Assistance and Rehabilitation |
Panel Three: Immigration and Social Policy |
11 New York Law School Journal of Human Rights 559 (Symposium, 1994) |
VIRGINIA RAMADAN: Our previous panels, if I may generalize, addressed the issue of who we should allow in, and, perhaps, what should be afforded to those who are let in. What this panel will discuss is, after we let them in, how should we treat them? Should aliens or immigrants be afforded the same rights in terms of social services as United... |
1994 |
| Richard Sybert |
Population, Immigration and Growth in California |
31 San Diego Law Review 945 (Fall 1994) |
Immigration has become a highly controversial and publicized topic, and will continue to be so in the coming years. It is clear that immigration, both legal and illegal, has had a central role in California's startling demographic changes and fiscal stress during the last decade. Unabated, it promises similar changes in the future. The debate to... |
1994 |
| Michael A. Olivas |
Preempting Preemption: Foreign Affairs, State Rights, and Alienage Classifications |
35 Virginia Journal of International Law 217 (Fall, 1994) |
Peter Spiro's thoughtful Article offers the tempting thesis: what if immigration policy were regulated by the individual states rather than being preempted by federal powers? What would U.S. immigration policies be if they could be determined at the state level, in 50 laboratories, instead of the stale, preclusionary logic mindlessly applied to... |
1994 |
| Robert Foss |
The Demise of the Homosexual Exclusion: New Possibilities for Gay and Lesbian Immigration |
29 Harvard Civil Rights-Civil Liberties Law Review 439 (Summer, 1994) |
The passage of the Immigration Act of 1990 and its subsequent signature by President Bush represent the closing of a shameful chapter in United States history. The new law repealed many of the exclusionary provisions of the Immigration and Nationality Act (INA), among them, the exclusion of homosexuals. The quiet and unspectacular passage of the... |
1994 |
| Dave McCurdy |
The Future of U.s. Immigration Law |
20 Journal of Legislation Legis. 3 (1994) |
Immigration reform is rapidly becoming a major political issue in 1994. With economic growth at a standstill and a new wave of immigrants rushing to our shores, some sixty-five percent of Americans now favor tighter immigration laws. Dozens of immigration bills have been introduced in Congress, bills which call for everything from a strengthening... |
1994 |
| Cecelia M. Espenoza |
The Illusory Provisions of Sanctions: the Immigration Reform and Control Act of 1986 |
8 Georgetown Immigration Law Journal 343 (Summer, 1994) |
There are those in this nation who would use [the Immigration Reform and Control Act] as a pretext to deny employment to United States citizens and aliens lawfully residing here by right, simply because they look and sound foreign. The Zoë Baird incident revealed among other things, that aliens present in the United States without work... |
1994 |
| Julie Ann Waterman |
The United States' Involvement in Haiti's Tragedy and the Resolve to Restore Democracy |
15 New York Law School Journal of International and Comparative Law 187 (1994) |
Haitian boat people have had the misfortune of attempting to immigrate to the United States in the midst of an economic recession and during a time of political pressure stemming from the 1992 presidential campaign. In addition, the immigration of Haitians in such large numbers has aroused fear that the United States would bear the brunt of Haiti's... |
1994 |
| Jeffrey S. Passel , Michael Fix |
U.s. Immigration in a Global Context: Past, Present, and Future |
2 Indiana Journal of Global Legal Studies Stud. 5 (Fall, 1994) |
Through the use of their own empirical studies, the authors address three themes: 1) immigration in the global context; 2) the scale and characteristics of immigration to the United States; and 3) the expected future impact of immigration to the United States. The authors focus on U.S. immigration by giving an empirical comparative history which... |
1994 |
| Jenifer M. Bosco |
Undocumented Immigrants, Economic Justice, and Welfare Reform in California |
8 Georgetown Immigration Law Journal 71 (Winter, 1994) |
California, Texas, and Florida have all struggled lately with what is perceived as the immigration problem. Deterring undocumented immigration is increasingly seen as a national priority, and one suggested method of deterrence is to deny undocumented immigrants access to state services. Yet certain rights of membership apply to all American... |
1994 |
| Beverly Baker-Kelly |
United States Immigration: a Wake up Call! |
37 Howard Law Journal 283 (Winter, 1994) |
The purpose of this paper is to issue a wake-up call without sounding an alarm. The immigration debate has become so polarized and politicized that certain fundamental issues have escaped serious scrutiny. This paper encapsulates a few of the sometimes intractable issues raised by immigration with the hope that it triggers substantive public... |
1994 |
| Bill Ong Hing |
Beyond the Rhetoric of Assimilation and Cultural Pluralism: Addressing the Tension of Separatism and Conflict in an Immigration-driven Multiracial Society |
81 California Law Review 863 (July, 1993) |
Immigration is quickly changing the racial demographics of the United States. In so doing, it is creating both tensions and opportunities. The author responds to those who advocate restricted immigration as the solution to racial problems. He refutes the underlying assumptions of such Euro-immigrationists: that the United States has a solely white,... |
1993 |
| Patrick Macklem |
Distributing Sovereignty: Indian Nations and Equality of Peoples |
45 Stanford Law Review 1311 (May, 1993) |
I. Introduction. 1312 II. Indian Government in North America. 1316 A. United States. 1317 B. Canada. 1320 C. Similarities. 1323 D. Racial or Political?. 1324 III. Indian Government and Prior Occupancy. 1327 A. The Relevance of Prior Occupancy. 1327 B. Prior Occupancy as Proxy. 1329 1. Immigration and consent. 1330 2. The role of treaties. 1331 3.... |
1993 |
| Stacy Brustin |
Expanding Our Vision of Legal Services Representation -- the Hermanas Unidas Project |
1 American University Journal of Gender & the Law 39 (Spring, 1993) |
Traditional legal services representation offers minimal promise of empowerment for the marginalized client. As a legal services attorney specializing in domestic relations and domestic violence law, I spend a great deal of time assisting immigrant women through the maze of our legal system. Yet, within the bounds of traditional lawyering, I am... |
1993 |
| Juan C. Montes |
Haitian Interdiction on the High Seas: a U.s. Policy of Bias and Inconsistency |
5 Saint Thomas Law Review 557 (Spring, 1993) |
Give Me Your Tired, Your Poor, Your Huddled Masses Yearning to Breathe Free, The Wretched Refuse of Your Teeming Shore, Send These, The Homeless, Tempest-tost, to Me, I Lift My Lamp Beside the Golden Door! Inscription on the Statute of Liberty The luminous splendor of liberty and freedom that the Statue of Liberty symbolizes for many immigrants is... |
1993 |
| Gregory A. Loken , Lisa R. Babino |
Harboring, Sanctuary and the Crime of Charity under Federal Immigration Law |
28 Harvard Civil Rights-Civil Liberties Law Review 119 (Winter, 1993) |
Maria, a graying, recently widowed woman of fifty-seven, knelt to say the rosary. No doubt she needed the spiritual strength it provided, for her house was full of destitute foreigners sent to her by her parish priest. Beside her was a man named Jesús, who joined in her prayer. According to the ancient forms, they would introduce each decade of... |
1993 |