| Author | Title | Citation | Summary | Year |
| Ming Hsu Chen |
COLORBLIND NATIONALISM AND THE LIMITS OF CITIZENSHIP |
44 Cardozo Law Review 945 (February, 2023) |
Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim... |
2023 |
| Jeremy Rabkin |
COMMERCE WITH THE INDIAN TRIBES: ORIGINAL MEANINGS, CURRENT IMPLICATIONS |
56 Indiana Law Review 279 (2023) |
The Supreme Court's 2022 ruling in Oklahoma v. Castro-Huerta defied much current precedent and practice, as four dissenters protested. But neither side grappled with the Constitution's original meaning. Both text and early practice confirm that the federal power to regulate commerce with the Indian tribes was a different, more constrained power... |
2023 |
| Julian M. Hill |
COMMERCIAL RENT STABILIZATION: ONE LOCAL RESPONSE TO SKYROCKETING RENTS |
25 NYU Journal of Legislation and Public Policy 603 (2022-2023) |
Rent hikes have displaced Black- and immigrant-led small businesses and nonprofits for years at alarming rates, and COVID-19 accelerated the trend. Recognizing the ripple effects on owners, community leaders, employees, and underserved communities, several organizers, activists, lawyers, and local legislators around the country are revisiting... |
2023 |
| Janine Prantl |
COMMUNITY SPONSORSHIPS FOR REFUGEES AND OTHER FORCED MIGRANTS: LEARNING FROM OUTSIDE AND INSIDE THE UNITED STATES |
37 Georgetown Immigration Law Journal 401 (Spring, 2023) |
The number of refugees and other forcibly displaced persons is at a historic high, but countries have failed to address this global resettlement need. Traditionally, the United States counts among the top resettlement contributors, followed by Canada. But after U.S. refugee admissions reached an all-time low under former President Trump, the system... |
2023 |
| Diana Ramirez |
COMPARATIVE IMMIGRATION POLICIES FOR UNACCOMPANIED MINORS: A SHARED CHALLENGE |
19 Loyola University Chicago International Law Review 157 (Spring, 2023) |
Unaccompanied minors from the Northern-Triangle and Mexico have been arriving at the United States border in large numbers over the past decade as a result of forced migration movements. Although the arrival of unaccompanied minors is not a new phenomenon in the United States, recent administrations have responded in ways that have made the... |
2023 |
| Trevor T. W. Wan |
CONSTITUTIONALIZATION OF HAPPINESS: A GLOBAL AND COMPARATIVE INQUIRY |
24 German Law Journal 1209 (November, 2023) |
Happiness and well-being are now explicitly enshrined in a myriad of national constitutions. As of 2022, the terms happiness and well-being form part of the constitutional lexicon of more than 20 and 110 states respectively. These happiness provisions epitomize the phenomenon of the constitutionalization of happiness, which denotes the... |
2023 |
| |
COURTS IN NAME ONLY: REPAIRING AMERICA'S IMMIGRATION ADJUDICATION SYSTEM |
136 Harvard Law Review 908 (January, 2023) |
In recent years, immigration has risen to the top of America's collective consciousness. From President Trump's infamous Muslim ban to the separation of families at the border and the Biden Administration's response to Haitian refugees (and its subsequent response to Afghan and Ukrainian refugees), the fervor surrounding immigration has... |
2023 |
| Christopher Levesque, Jack DeWaard, Linus Chan, Michele Garnett McKenzie, Kazumi Tsuchiya, Olivia Toles, Amy Lange, Kim Horner, Eric Ryu, Elizabeth Heger Boyle |
CRIMMIGRATING NARRATIVES: EXAMINING THIRD-PARTY OBSERVATIONS OF US DETAINED IMMIGRATION COURT |
48 Law and Social Inquiry 407 (May, 2023) |
Examining what we call crimmigrating narratives, we show that US immigration court criminalizes non-citizens, cements forms of social control, and dispenses punishment in a non-punitive legal setting. Building on theories of crimmigration and a sociology of narrative, we code, categorize, and describe third-party observations of detained... |
2023 |
| Juliet P. Stumpf |
CRIMMIGRATION AND THE LEGITIMACY OF IMMIGRATION LAW |
65 Arizona Law Review 113 (Spring, 2023) |
Crimmigration law--the intersection of immigration and criminal law--with its emphasis on immigration enforcement, has been central in discussions over political compromise on immigration reform. Yet crimmigration law's singular approach to interior immigration and criminal law enforcement threatens to undermine public faith in the legitimacy of... |
2023 |
| Stefan J. Padfield |
CRONY STAKEHOLDER CAPITALISM |
111 Kentucky Law Journal 441 (2022-2023) |
C1-2Table of Contents Table of Contents. 441 Abstract. 442 Introduction. 442 I. Capitalism, Crony Capitalism, and Stakeholder Capitalism. 445 A. Capitalism Versus Crony Capitalism. 446 B. Stakeholder Capitalism. 450 C. Stakeholder Capitalism as Crony Capitalism. 456 II. A Proposed Solution: Sen. Marco Rubio's Mind Your Own Business Act. 460 A. An... |
2023 |
| Karla Mari Mckanders |
DECOLONIZING COLORBLIND ASYLUM NARRATIVES |
67 Saint Louis University Law Journal 523 (Spring, 2023) |
The essay addresses how law professors can engage critical and decolonial theories to teach students how to deconstruct the marginalizing narratives required in asylum advocacy. These theories provide the theoretical and praxis-oriented frameworks for professors seeking to liberate their pedagogy. The goal is for law students to begin their legal... |
2023 |
| Sara Hungler |
DESTINED TO STAY - A CASE STUDY OF ROMA REFUGEES FROM UKRAINE |
100 University of Detroit Mercy Law Review 477 (Spring, 2023) |
This paper presents the outcome of a survey based on interviews with NGOs, local helpers, and administrative leaders in Hungary. The results show that even though the general perception of refugees has ameliorated since the 2015 migration crisis, negative attitudes toward Roma and the poor prevail. When resources are scarce, aid workers must create... |
2023 |
| Tanya Monthey |
DIFFERING FROM "US" IN RELIGION, CUSTOMS, AND LAWS: THE PHILIPPINES, LABOR MIGRATION, AND UNITED STATES EMPIRE |
24 Oregon Review of International Law 223 (2023) |
Introduction. 224 I. Historical Background of the Philippines-United States (Unequal) Relationship. 226 A. Contextualizing the Philippines in Its Colonial History. 226 1. The United States Empire. 227 2. Legal Authority for American Empire. 229 B. Filipino Labor Migration Historically. 234 C. Filipino Migrant Labor Organization in the Face of... |
2023 |
| Saptarishi Bandopadhyay, Joshua R. Coene |
DISASTER RISK IN THE CARCERAL STATE |
42 Stanford Environmental Law Journal 171 (May, 2023) |
I. Introduction. 173 II. A Sketch of the Carceral State. 184 A. Mass Incarceration, Excess, and Origins. 184 B. Prison Regimes and Risk Management: Between Incapacitation and Correctionalism. 192 C. The Production of Carceral Vulnerability. 197 III. Between Compassion and Security: Disaster Risk in the Managerial State. 200 A. Disaster Risk... |
2023 |
| Chinyere Ezie |
DISMANTLING THE DISCRIMINATION-TO-INCARCERATION PIPELINE FOR TRANS PEOPLE OF COLOR |
19 University of Saint Thomas Law Journal 276 (Spring, 2023) |
Introduction. 277 I. Understanding the Discrimination-to-Incarceration Pipeline and Its Origins. 279 A. Familial Rejection. 279 B. Anti-Trans Discrimination and Harassment in Schools. 281 C. Employment Discrimination Against Trans Employees and Job Applicants. 285 D. Housing Discrimination and Insecurity. 288 E. Barriers to Healthcare Access. 288... |
2023 |
| Jake Marks Millman |
DISPARITIES IN QUEER ASYLUM RECOGNITION RATES ON THE BASIS OF GENDER: A CASE STUDY OF AUSTRALIA AND NEW ZEALAND |
63 Virginia Journal of International Law 497 (Spring, 2023) |
Using an approach based on intersectionality theory, this Note tests whether a difference in asylum recognition rates exists in Australia and New Zealand at the first-appeals level. Through compiling an original dataset of judicial decisions and performing logistic regression analysis, this Note finds no difference in asylum recognition rates... |
2023 |
| Cynthia Godsoe |
DISRUPTING CARCERAL LOGIC IN FAMILY POLICING |
121 Michigan Law Review 939 (April, 2023) |
Torn Apart: How the Child Welfare System Destroys Black Families--and How Abolition Can Build a Safer World. By Dorothy Roberts. New York: Basic Books. 2022. Pp. 11, 303. $32. Among a growing consensus that the criminal legal system is oversized, racist, and ineffective at preventing harm, the child welfare/family-policing system continues to be... |
2023 |
| Angélica Cházaro |
DUE PROCESS DEPORTATIONS |
98 New York University Law Review 407 (May, 2023) |
Should pro-immigrant advocates pursue federally funded counsel for all immigrants facing deportation? For most pro-immigrant advocates and scholars, the answer is self-evident: More lawyers for immigrants would mean more justice for immigrants, and thus, the federal government should fund such lawyers. Moreover, the argument goes, federally funded... |
2023 |
| Jonathan J. Choi, Jess Kuesel, Katline Barrows, Elise Boos, Megan Dister, Connor Sakati, Melissa Skarjune, Stephen E. Roady, Michelle B. Nowlin |
ENHANCED U.S.-CANADIAN COLLABORATION ON MARINE MIGRATORY SPECIES |
53 Environmental Law Reporter (ELI) 10911 (December, 2023) |
U.S.-Canadian management of marine migratory species is a particularly rich place to understand the complex relationship between migratory science, conservation, and law. The two nations share a large border, have a long-lasting historic friendship, and already collaborate extensively. However, the relationship is not without contention. The... |
2023 |
| Antonio M. Coronado |
ENVISIONING REPARATIVE LEGAL PEDAGOGIES |
30 Clinical Law Review 65 (Fall, 2023) |
As numerous reports, student movements, and forms of scholarship-activism have noted, the traditional U.S. law school classroom remains a space of hierarchy, privilege, and unnamed systems of power. Particularly for students holding historically marginalized and minoritized identities, legal education remains both a remnant of and conduit for... |
2023 |
| Luz E. Herrera, Taylor Garner, Crystal Hernandez, Lisa Mares |
ESTABLISHING A CONDITIONAL DRIVER PERMIT IN TEXAS |
24 Scholar: St. Mary's Law Review on Race and Social Justice 385 (2023) |
Introduction. 386 I. Part One: Responding to the Needs of the State's Population. 388 A. Who Benefits from Conditional Driver Permits?. 389 B. Public Safety. 390 C. Specific Texan Population. 392 1. Victims of Natural Disaster. 392 2. Texas Experiencing Homelessness. 403 3. Family Violence Victims. 408 4. Immigrant Families. 412 II. Part Two: State... |
2023 |
| Alice Ristroph |
EXCEPTIONALISM EVERYWHERE: A (LEGAL) FIELD GUIDE TO STRUCTURAL INEQUALITY |
65 Arizona Law Review 921 (Winter 2023) |
In the first two decades of the twenty-first century, American legal scholars have discovered exceptionalism everywhere: family law exceptionalism, tax law exceptionalism, bankruptcy exceptionalism, immigration exceptionalism, criminal law exceptionalism, and more. For several of these fields, the charge is that the field is not operating in... |
2023 |
| S. Lisa Washington |
FAMMIGRATION WEB |
103 Boston University Law Review 117 (February, 2023) |
A growing body of scholarship examines the expansive nature of the criminal legal system. What remains overlooked are other parts of the carceral state with similarly punitive logics and impacts. To begin filling this gap, this Article focuses on the convergence of the family regulation and immigration systems. This Article examines how the... |
2023 |
| Kristine Quint |
FAULT LINES OF IMMIGRATION FEDERALISM: UNITED STATES v. TEXAS AND THE REVERSE-COMMANDEERING OF IMMIGRATION ENFORCEMENT POWER |
27 Lewis & Clark Law Review 991 (2023) |
Federal supremacy over immigration enforcement is a primary tenet of U.S. immigration law. Despite this, states are now routinely, and often successfully, blocking executive immigration policy in federal court. One such case is United States v. Texas, in which the states argue that the Biden administration's enforcement priority guidelines inflict... |
2023 |
| Jayesh Rathod |
FLEEING THE LAND OF THE FREE |
123 Columbia Law Review 183 (January, 2023) |
This Essay is the first scholarly intervention, from any discipline, to examine the number and nature of asylum claims made by U.S. citizens, and to explore the broader implications of this phenomenon. While the United States continues to be a preeminent destination for persons seeking humanitarian protection, U.S. citizens have fled the country in... |
2023 |
| Amelia Wilson |
FORCE MULTIPLIER: AN INTERSECTIONAL EXAMINATION OF ONE IMMIGRANT WOMAN'S JOURNEY THROUGH MULTIPLE SYSTEMS OF OPPRESSION |
38 Berkeley Journal of Gender, Law & Justice 1 (2023) |
The immigrants' rights movement can assume an intersectional and cooperative approach to dismantling co-constitutive systems of oppression that conspire to punish, exclude, and exploit disfavored groups. Racial justice must be at the center of the movement, but so too must we understand the devastating role that gender, disability, and... |
2023 |
| Maggie Blackhawk |
FOREWORD: THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review 1 (November, 2023) |
C1-2CONTENTS Introduction. 2 I. The Constitution of American Colonialism. 22 A. Constituting American Colonialism. 26 1. Colonization Within the Founding Borders. 28 2. Colonization Beyond the Founding Borders. 33 3. Colonization of Noncontiguous Territory. 43 B. The Rise of the Plenary Power Doctrine. 53 1. Plenary Power as Doctrine. 55 2.... |
2023 |
| Téa Antonino |
FORMER GANG MEMBERS AND THE PARTICULAR SOCIAL GROUP STANDARD: WHY AMERICA'S HIGHEST COURT SHOULD GREEN LIGHT THE KILLING OF THE BIA'S THREE-PRONG TEST |
60 San Diego Law Review 167 (February-March, 2023) |
C1-2Table of Contents I. Introduction. 168 II. Background. 172 A. Historical Context of Transnational Gangs Dominating the Northern Triangle. 172 B. The Differences Between Asylum and Withholding of Removal. 180 C. The Evolution of the BIA's Interpretation of a PSG. 185 1. In re Acosta Produces the Immutability Characteristics Test. 186 2. The BIA... |
2023 |
| Yung-hua Kuo |
FROM VULNERABILITY TO RESILIENCE: DISASTER RECOVERY LAWS AND INDIGENOUS ADAPTIVE STRATEGIES IN TAIWAN |
24 Asian-Pacific Law and Policy Journal 1 (Spring, 2023) |
I. Introduction. 2 II. Legal History of Indigenous Peoples in Taiwan. 8 A. Precolonial Era (- the Seventeenth Century). 8 B. The Qing Era (1683 - 1895). 10 C. Japanese-Ruled Period (1895 - 1945). 12 D. Republic of China Assimilation and Relocation Policy (1945 - 1987). 15 E. Indigenous Movements and Reclaiming Rights (1987 - Present). 18 III.... |
2023 |
| Mary Holper |
GANG ACCUSATIONS: THE BEAST THAT BURDENS NONCITIZENS |
89 Brooklyn Law Review 119 (Fall, 2023) |
A teenager from El Salvador attends a high school that is populated mostly by Latine youth. He finds his friends in a group of boys. He gets into a scuffle with another boy. Little does he know, with each of these interactions, he has been accruing points in a database that tracks gang membership and affiliation. The friendships earn him two... |
2023 |
| Deborah M. Weissman |
GENDER VIOLENCE AS LEGACY: TO IMAGINE NEW APPROACHES |
20 Hastings Race and Poverty Law Journal 55 (Spring, 2023) |
C1-2Table of Contents Introduction. 55 Part I. Defining RJ/TJ and Identifying the Challenges. 58 A. Restorative Justice (RJ). 58 B. Transformative Justice (TJ). 59 Part II. From Carceral Responses to Addressing the Political Economy of IPV. 61 Part III. The Turn to History. 64 Part IV. Restorative and Transformative Justice: Matters of Praxis... |
2023 |
| Deborah M. Weissman |
GENDER VIOLENCE AS LEGACY: TO IMAGINE NEW APPROACHES |
34 Hastings Journal on Gender and the Law 55 (Spring, 2023) |
C1-2Table of Contents Introduction. 55 Part I. Defining RJ/TJ and Identifying the Challenges. 58 A. Restorative Justice (RJ). 58 B. Transformative Justice (TJ). 59 Part II. From Carceral Responses to Addressing the Political Economy of IPV. 61 Part III. The Turn to History. 64 Part IV. Restorative and Transformative Justice: Matters of Praxis... |
2023 |
| Pooja R. Dadhania |
GENDER-BASED RELIGIOUS PERSECUTION |
107 Minnesota Law Review 1563 (April, 2023) |
Asylum law fails to protect women and girls fleeing gender-based violence that occurs in the home or the private sphere. Gender-based violence survivors who are persecuted in the private sphere currently must undertake legal gymnastics to fit their claims within the purview of U.S. asylum law. This Article reframes gender-based violence as... |
2023 |
| Claire Lisker |
GEOGRAPHIC AND LINGUISTIC BELONGING: A PREREQUISITE FOR FULL CONSTITUTIONAL RIGHTS |
39 Chicana/o-Latina/o Law Review 183 (2023) |
C1-2Table of Contents Introduction. 184 I. Geographic Belonging. 190 A. The Ethno-Racialized Conception of U.S. Territorial Sovereignty - A Brief History. 190 B. Modern Territorial Sovereignty: Patrolling the Border. 192 II. Linguistic Belonging. 198 A. Jury Exclusions. 199 B. English-Only Rules and Inadequate Title VII and Title VI... |
2023 |
| Valeria Gomez |
GEOGRAPHY AS DUE PROCESS IN IMMIGRATION COURT |
2023 Wisconsin Law Review 1 (2023) |
Even when limited by the plenary power doctrine, noncitizen respondents in removal proceedings are entitled to due process before immigration courts. At its core, due process in immigration court requires fundamental fairness--the opportunity to be heard and to mount a defense to deportation. Implicit in this right is the ability to access the... |
2023 |
| Mark L. Jones |
GRABBING THE BULL BY THE HORNS: JURISPRUDENTIAL, ETHICAL, AND OTHER LESSONS FOR LAWYERS AND LAW STUDENTS IN THE IMMIGRATION LABYRINTH AND BEYOND |
45 University of Arkansas at Little Rock Law Review 381 (Spring, 2023) |
C1-2Table of Contents I. The Role of Stories and the Myth of Theseus and the Minotaur. 388 II. The Myth of Theseus and the Minotaur and the Nature of Law in the Modern Nation-State. 392 A. Origin and Functions of Law. 393 1. Law in General. 393 2. Immigration Law. 399 B. Sources of Governmental Power and Law. 402 1. Law in General. 402 2.... |
2023 |
| Alexis Boyd |
HAIR ME OUT: WHY DISCRIMINATION AGAINST BLACK HAIR IS RACE DISCRIMINATION UNDER TITLE VII |
31 American University Journal of Gender, Social Policy and the Law 75 (2023) |
I. Introduction. 77 II. Background. 80 A. Discrimination Against Black Hair in Context. 80 B. Is Hair Discrimination Race Discrimination?. 82 1. Federal Protection: Under Title VII, Employers Cannot Discriminate Against a Person Because of Their Race. 82 2. Federal Court Precedent: Traditionally, Race-Based Hair Discrimination is Not Recognized as... |
2023 |
| Ariadna Quinares Navarrete |
HAVING DECENCY TOWARDS IMMIGRANTS REQUIRES THE ABOLITION OF FOR-PROFIT DETENTION CENTERS |
22 Seattle Journal for Social Justice 121 (Fall, 2023) |
The United States has been described as an [i]ncarceration nation due to its status of having the highest incarceration rate amongst nations. Incarceration is used by the United States in many forms, especially immigration detention, which further exacerbates the issue of high incarceration. The purpose of this article is to shine light on the... |
2023 |
| Randi Mandelbaum |
HEEDING THE VOICES OF MIGRANT YOUTH: THE NEED FOR ACTION |
121 Michigan Law Review 965 (April, 2023) |
Unaccompanied: The Plight of Immigrant Youth at the Border. By Emily Ruehs-Navarro. New York: New York University Press. 2022. Pp. ix, 163. Cloth, $89; paper, $28. Nicolas is a sixteen-year-old boy who was forced to flee Ecuador due to extreme poverty as well as threats to him and his family (pp. 1-2). His father had resided in the United States... |
2023 |
| Zahra Stardust, Danielle Blunt, Gabriella Garcia, Lorelei Lee, Kate D'Adamo, Rachel Kuo |
HIGH RISK HUSTLING: PAYMENT PROCESSORS, SEXUAL PROXIES, AND DISCRIMINATION BY DESIGN |
26 CUNY Law Review 57 (Winter, 2023) |
Key words: sex work, financial discrimination, sexual surveillance, precarious labor, algorithmic profiling Sex workers are increasingly documenting financial discrimination when accessing banks, payment processors, and financial providers. As hustle economy workers, barriers to digital financial infrastructure impact sex workers' abilities to... |
2023 |
| Lili Dao , Department of Sociology, New York University, New York, New York, USA |
HOLLOW LAW AND UTILITARIAN LAW: THE DEVALUING OF DEPORTATION HEARINGS IN NEW YORK CITY AND PARIS |
57 Law and Society Review 317 (September, 2023) |
How is law made worthless to the marginalized? Drawing on ethnographic observations in Paris and New York City, I establish a typology of devaluation practices in deportation hearings. I analyze how informal court practices devalue court actors, the hearing, and the law itself. Despite different levels of formal protections for migrants,... |
2023 |
| Nicole Hallett |
HOW DO YOU TEACH IMMORAL LAWS? |
67 Saint Louis University Law Journal 543 (Spring, 2023) |
Teaching immigration law means teaching a system of oppression. Given this, how do professors of immigration law reconcile their status as representatives of the legal system with the harm that the system causes? Can you ethically encourage law students to develop professional identities that require participation in an immoral system? This article... |
2023 |
| Paulina D. Arnold |
HOW IMMIGRATION DETENTION BECAME EXCEPTIONAL |
75 Stanford Law Review 261 (February, 2023) |
Abstract. Over the last five years, the United States has held around 37,000 people in immigration detention every day. Over 70% are held without any chance of bond. For those who manage to obtain a bond hearing, they bear the burden of proving that they are neither dangerous nor a flight risk. This scheme would be plainly illegal under the... |
2023 |
| Rebecca Sharpless, Kristi E. Wintermeyer, MD |
HUMAN FRAILTY, UNBREAKABLE VICTIMS, AND ASYLUM |
54 Columbia Human Rights Law Review 726 (Spring, 2023) |
This article analyzes the asylum decisions of immigration agencies and federal appellate courts and demonstrates that the case law driven standard for persecution is out of step with the original meaning of the term, international law standards, and contemporary understanding of how human beings experience physical and mental harm. Medical and... |
2023 |
| Alexandra Ciullo |
HUMANITARIAN PAROLE: A TALE OF TWO CRISES |
37 Georgetown Immigration Law Journal 493 (Spring, 2023) |
In 2021 and 2022, massive conflicts erupted in Afghanistan and Ukraine, prompting two wildly different responses by the United States to the resulting refugee flows. The United States turned to a temporary immigration status, humanitarian parole, to welcome both Afghan and Ukrainian refugees. Through a brand-new government program, Uniting for... |
2023 |
| Andrew Tae-Hyun Kim |
IMMIGRANT TORTS |
57 U.C. Davis Law Review 1059 (December, 2023) |
In 2022, the Supreme Court effectively gutted a long-standing constitutional remedy for torts committed by federal officers. In the process, it seemingly immunized even the most serious abuses committed by Border Patrol agents. Such dramatic legal transformation has occurred despite--and perhaps because of--the soaring numbers of migrants at the... |
2023 |
| Elizabeth Hannah |
IMMIGRATION DETENTION IS NEVER "PRESUMPTIVELY REASONABLE": STRENGTHENING PROTECTIONS FOR IMMIGRANTS WITH FINAL REMOVAL ORDERS |
65 Arizona Law Review 505 (Summer, 2023) |
Immigration detention is a central feature of the United States' immigration system. Noncitizens facing removal are detained in staggering numbers throughout the removal process, from the initiation of legal proceedings to the issuance of a final removal order. Moreover, as the U.S. government's reliance upon immigration detention has grown, the... |
2023 |
| Jennifer J. Lee |
IMMIGRATION DISOBEDIENCE |
111 California Law Review 71 (February, 2023) |
The immigration system operates through the looming threat of the arrest, detention, and removal of immigrants from the United States. Indiscriminate immigrant arrests result in family separation. Immigrants languish in carceral facilities for months or even years. For most undocumented immigrants, there is no available pathway to citizenship. To... |
2023 |
| Pratheepan Gulasekaram |
IMMIGRATION ENFORCEMENT PREEMPTION |
84 Ohio State Law Journal 535 (2023) |
The Supreme Court's 2012 decision, Arizona v. United States, turned back the most robust and brazen state regulation of immigration in recent memory, striking down several provisions of Arizona's omnibus enforcement law. Notably, the Court did not limit preemption inquiries to conflicts between the state law and congressional statutes. The Court... |
2023 |
| Bianca N. DiBella , Michael C. Duffey |
IMMIGRATION LAW |
74 Mercer Law Review 1465 (Summer, 2023) |
This Article surveys cases from the United States Court of Appeals for the Eleventh Circuit from January 1, 2022 through December 31, 2022, in which immigration law was a central focus of the case. The Article begins with a discussion of cases addressing procedural and jurisdictional issues and the interpretation of decisions by lower and state... |
2023 |