AuthorTitleCitationSummaryYear
Eleanor Brown REFLECTIONS: MY MOTHER WHO FATHERED ME 72 Washington University Journal of Law & Policy 167 (2023) I went away from the window over the dripping sacks and into a corner which the weather had forgotten. And what did I remember? My father who had only fathered the idea of me had left me the sole liability of my mother who really fathered me. - George Lamming, In the Castle of My Skin, 11 Despite the prevalence of West Indian Americans and their... 2023
Caroline Nalule REFUGEE BURDEN-AND-RESPONSIBILITY SHARING: REVISITING THE DEBATE ON THE RIGHT TO COMPENSATION TO REFUGEE-HOSTING STATES 31 Michigan State International Law Review 441 (2023) Much of the world's rising refugee population is situated in developing countries most of which struggle to fulfil their developmental obligations towards their own citizens, while the better financially-placed countries are increasingly changing their asylum policies to avoid most of the obligations that come with the admission of high numbers of... 2023
Shana Tabak REFUGEE DETENTION AS CONSTRUCTIVE REFOULEMENT 48 Yale Journal of International Law 289 (Summer, 2023) The most fundamental obligation that states owe to refugees under the 1951 United Nations Convention Relating to the Status of Refugees is the commitment of non-refoulement. This commitment to not force back a refugee to a country where she may face serious harm to her life or liberty demands that states interrogate whether their treatment of... 2023
Shikha Silliman Bhattacharjee REGULATING RECRUITMENT: MIGRATION, CRIMINALIZATION, AND COMPOUNDED INFORMALITY 18 University of Pennsylvania Asian Law Review 217 (April, 2023) Across the globe, migrant workers are increasingly concentrated in temporary employment, including contract, short-term, and contingent work. These short-term employment stints require them to find new work on a regular and ongoing basis. How can legal frameworks encourage recruitment practices that protect the interests of both workers and... 2023
Beth Caldwell REIFYING INJUSTICE: USING CULTURALLY SPECIFIC TATTOOS AS A MARKER OF GANG MEMBERSHIP 98 Washington Law Review 787 (October, 2023) Abstract: The gang label has been so highly racialized that white people who self-identify as gang members are almost never categorized as gang members by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are... 2023
Hesley Gonzalez RELEASE FROM LEGAL PURGATORY: ADDING A CATEGORY TO THE SECRETARY OF HOMELAND SECURITY'S POWER TO PAROLE IN PLACE 50 Western State Law Review 21 (Spring, 2023) C1-3Table of Contents I. Introduction. 21 II. The History of Immigration Legislation. 26 A. Immigration Legislation, From America's Inception to 2001. 26 B. Restructuring the Immigration System in the Twenty-First Century. 29 III. The Inability to Pass Immigration Reform. 31 A. The Politicization of Immigration. 31 B. The Legislative Branch's... 2023
Randi Mandelbaum RELEASE TO SPONSOR APPROVED, NOW WHAT? 91 Fordham Law Review Online 83 (2023) Naomi, a fourteen-year-old girl fleeing family violence in her native country of Honduras, spent five months detained by the Office of Refugee Resettlement (ORR), before being released to her cousin. Because the cousin was a distant relative, a home study was required. In addition, upon her release, the cousin and Naomi were referred for... 2023
Angela Stoltzfus REMAIN IN MEXICO: THE MIGRANT PROTECTION PROTOCOLS' FAILURE TO PROTECT 95 Temple Law Review Online 1 (2023) Only days before the 2018 midterm election, President Donald Trump called immigrants, or asylum seekers, fleeing violence an invasion. It was not unusual for Trump to use this type of pejorative language--Trump had publicly used demeaning terms such as predator and killer to refer to immigrants at the southern border not once or twice, but... 2023
Clayton P. Gillette REMOTE WORK AND CITY DECLINE: LESSONS FROM THE GARMENT DISTRICT 15 Journal of Legal Analysis 201 (2023) The dramatic rise of remote work threatens the traditional source of urban growth--the unique ability of dense cities to provide a setting in which firms and employees share productive resources, match needs with skills, and transmit knowledge at low cost. These agglomeration benefits have induced cities to pursue clusters of related firms that... 2023
Thalia González RESTORATIVE JUSTICE DIVERSION AS A STRUCTURAL HEALTH INTERVENTION IN THE CRIMINAL LEGAL SYSTEM 113 Journal of Criminal Law and Criminology 541 (Summer, 2023) A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system--whether in policing practices or carceral settings--leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement... 2023
Melissa H. Weresh RETHINKING RHETORIC IN THE ASYLUM CONTEXT: LESSONS FROM #METOO 30 UCLA Journal of Gender & Law 65 (Summer, 2023) Women face greater difficulties than men in establishing asylum in the United States. This is due in part to the fact that the Refugee Act situates asylum primarily in forms of persecution associated with the male experience. Women who seek asylum in the United States because they flee gender-based violence must establish that their persecution... 2023
Cybelle Fox RETHINKING SANCTUARY: THE ORIGINS OF NON-COOPERATION POLICIES IN SOCIAL WELFARE AGENCIES 48 Law and Social Inquiry 175 (February, 2023) Too often, scholarship on immigration conflates sanctuary ordinances with the noncooperation policies, often embedded in these ordinances, which limit cooperation between local officials and federal immigration authorities. In this article, I disentangle the two by tracing the rise of non-cooperation policies in health and welfare agencies since... 2023
Carlota Gonzalez Gallego REVIEW OF THE LEGAL FRAMEWORK FOR REFUGEES AND PROPOSALS FOR THE EFFECTIVE PROTECTION OF HUMAN RIGHTS IN THE CONTEXT OF THE CLIMATE EMERGENCY 29 ILSA Journal of International and Comparative Law 411 (Summer, 2023) I. Introduction. 412 II. The Impact of Climate Change on Refugee Law: Differences Between the European Union and International Law. 414 A. Climate change: the main cause of environmental migration. 414 B. New York Declaration for Refugees and Migrants. 420 C. The European Union and the refugees. 423 D. Mexico's Refugee System. 425 III. Comparative... 2023
Bailey McNamara REVISITING "REFUGEE" IN A CHANGING CLIMATE: HOW MIGRANTS IMPACTED BY CLIMATE CHANGE AND THE TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTE FIT INTO EXISTING REFUGEE POLICY 54 Seton Hall Law Review 571 (2023) More than 10 percent of the world's population may lack secure, legal residence by the year 2050. Projections of mass migration accompany increasingly dire predictions of climate change impacts. Rising global temperatures, elevating ocean levels, and intensifying droughts are projected to displace more than one billion people in the next thirty... 2023
Richard Frankel RISK ASSESSMENT AND IMMIGRATION COURT 80 Washington and Lee Law Review 1 (Winter, 2023) Risk assessment and algorithmic tools have become increasingly popular in recent years, particularly with respect to detention and incarceration decisions. The emergence of big data and the increased sophistication of algorithmic design hold the promise of more accurately predicting whether an individual is dangerous or a flight risk, overcoming... 2023
Naomi Murakawa SAY THEIR NAMES, SUPPORT THEIR KILLERS: POLICE REFORM AFTER THE 2020 BLACK LIVES MATTER UPRISINGS 69 UCLA Law Review 1430 (September, 2023) Since the unprecedented Summer 2020 uprisings against policing and racism, many elites have embraced an anti-woke politics that openly celebrates law-and-order authoritarianism, heteropatriarchy, and white nationalism. This Article attends to a different but reinforcing response to the George Floyd uprisings: repression through a politics of... 2023
  SCOTUS ON IMMIGRATION: A REVIEW OF RECENT DECISIONS & WHAT'S TO COME 29 Cardozo Journal of Equal Rights & Social Justice 535 (Winter, 2023) MS. HEIDI SANDOMIR: [G]ood evening, everyone. Thank you so much for coming. My name is Heidi Sandomir, and I'm the Editor-in-Chief of the Cardozo Journal of Equal Rights and Social Justice at the Benjamin N. Cardozo School of Law. It is my pleasure to welcome you all to our fall symposium, SCOTUS on Immigration: A Review of Recent Decisions and... 2023
Ingrid Eagly SECOND CHANCES IN CRIMINAL AND IMMIGRATION LAW 98 Indiana Law Journal 977 (Spring, 2023) This Essay publishes the remarks given by Professor Ingrid Eagly at the 2022 Fuchs Lecture at Indiana University Maurer School of Law. The Fuchs Lecture was established in honor of Ralph Follen Fuchs in 2001. Professor Fuchs, who served on the Indiana University law faculty from 1946 until his retirement in 1970, was awarded the title of university... 2023
Nina Rabin SECOND-WAVE DREAMERS 42 Yale Law and Policy Review 107 (Fall, 2023) This Article compares and contrasts two waves of child migrants that have shaped the U.S. immigration policy agenda and debate over the past twenty years, in order to draw lessons about how public schools and policymakers can best serve today's immigrant students. The first wave of undocumented children, who arrived in the two decades after 1986... 2023
Gabriel J. Chin SLAVE LAW, RACE LAW 94 University of Colorado Law Review 551 (Spring, 2023) Introduction. 551 I. Free Black People and Enslaved Persons. 558 II. Regulating All Non-White People. 564 Conclusion. 569 2023
Matthew Boaz SPECULATIVE IMMIGRATION POLICY 37 Georgetown Immigration Law Journal 183 (Winter, 2023) This Article considers how speculative fiction was wielded by the Trump administration to implement destructive U.S. immigration policy. It analyzes the thematic elements from a particular apocalyptic novel, traces those themes through actual policy implemented by the president, and considers the harm effected by such policies. This Article... 2023
Alina Das STANDING ON IMMIGRANT SUBORDINATION 72 American University Law Review Forum 147 (June, 2023) In The Rise of the Immigrant-as-Injury Theory of State Standing, Professor Jennifer Lee Koh identifies and critiques an emerging theory of state standing that treats the existence of immigrants as an injury to the state for purposes of challenging federal immigration policies. Koh persuasively critiques the immigrant-as-injury theory on... 2023
Pooja R. Dadhania STATE RESPONSIBILITY FOR FORCED MIGRATION 64 Boston College Law Review 745 (April, 2023) Introduction. 746 I. Forced Migration and the Potential Role of State Responsibility. 750 A. Gaps in International Refugee Law's Protection of Forced Migrants. 750 B. The Doctrine of State Responsibility. 753 II. Overview of the Forced Migration Case Studies. 757 A. The 2022 Russian Invasion of Ukraine. 758 B. The 2003 U.S.-Led Invasion of Iraq.... 2023
Zoha Waseem STATELESS AND VULNERABLE: RACE, POLICING, AND CITIZENSHIP IN PAKISTAN 46 PoLAR: Political and Legal Anthropology Review 128 (May, 2023) Some time ago, I approached a senior police officer in Pakistan, hoping to pitch a participatory action research project. The one I had in mind, I hoped, would help improve police-community interactions, especially in the context of migrant communities and those social groups rendered vulnerable due to their contested citizenship status or because... 2023
Naima Fifita STEPS TOWARD A "DIGNIFIED" CLIMATE-MIGRATION FOR PACIFIC PEOPLES 24 Asian-Pacific Law and Policy Journal 53 (Spring, 2023) I. Introduction. 53 II. What Are We Fighting For?. 59 A. The Environmental Wrong. 59 B. Existing Refugee Framework and its Inadequacy in the Face of Climate Migration. 62 III. A Values-Based Analytical Framework. 65 A. Tu Tokotasi: Self-Determination and Environmental Justice in the Context of Climate Change and Climate-Induced Migration. 67 1.... 2023
Abigail Stepnitz STORIED PASTS: CREDIBILITY AND EVOLVING NORMS IN ASYLUM NARRATIVES 1989-2018 41 Minnesota Journal of Law & Inequality 1 (Summer, 2023) This Article develops a frame work for under standing the emergence and evolution of structural and substantive norms in asylum narratives over time. First, I offer a historical framework which shows how these norms evolve as a result of combined legal, political, cultural, and institutional changes. Institutional norms are infused with politics.... 2023
Joy Kanwar STORIES FROM THE NEGATIVE SPACES: UNITED STATES v. THIND AND THE NARRATIVE OF (NON)WHITENESS 74 Mercer Law Review 801 (Spring, 2023) You must never be limited by external authority, whether it be vested in a church, [person] or book. It is your right to question, challenge, and investigate. - Bhagat Singh Thind For years, Bhagat Singh Thind's case has resonated in my mind. I thought of it in the days after September 11, 2001, when a group of attorneys and I scrambled to... 2023
Erin Carrington Smith STUCK IN THE WAITING ROOM: WHY AND HOW MARYLAND SHOULD CLOSE HEALTHCARE GAPS THAT LEAVE IMMIGRANT WOMEN BEHIND 53 University of Baltimore Law Forum 159 (Spring, 2023) Maryland has a robust and ever-increasing immigrant population. As of 2019, just over fifteen percent of the state's population (929,431) was foreign born, forty-eight percent (447,466) of whom remained noncitizens. In 2016, about 275,000 immigrants were undocumented. Maryland has long recognized the importance of ensuring its immigrant population... 2023
Laila L. Hlass, Mary Yanik STUDYING THE HAZY LINE BETWEEN PROCEDURE AND SUBSTANCE IN IMMIGRANT DETENTION LITIGATION 58 Harvard Civil Rights-Civil Liberties Law Review 203 (Winter, 2023) At age six, Hyung Joon Kim came to the United States with his family. Two years later, he became a lawful permanent resident (LPR). Mr. Kim grew up in California, where he attended public schools. In 1996, at age 18, his life was irreparably changed. After breaking into a tool shed with high school friends, he was convicted of burglary. He earned... 2023
Ming Hsu Chen TEACHING INTERDISCIPLINARY PERSPECTIVES ON CITIZENSHIP AND IMMIGRATION 67 Saint Louis University Law Journal 513 (Spring, 2023) This essay reflects on the use of interdisciplinary perspectives in teaching survey and seminar classes on immigration and citizenship. It focuses on three benefits. First, empirical research gives the doctrine a reality check. Second, normative inquiry evaluates the doctrine against desired values. Third, policy analysis opens up possibilities for... 2023
Kevin R. Johnson TEACHING RACIAL AND SOCIAL JUSTICE IN THE IMMIGRATION LAW SURVEY COURSE 67 Saint Louis University Law Journal 473 (Spring, 2023) This article makes the case for integrating racial and social justice in teaching the immigration law survey course. Part I briefly highlights the systemic injustices generated by the operation of the contemporary U.S. immigration laws and their enforcement. Part II considers the benefits of teaching immigration law through a racial and social... 2023
Eve Goldman TEMPORARY MEMBERSHIP? THE FLAWS OF THE H-2A AGRICULTURAL TEMPORARY GUEST WORKER PROGRAM IN THE CRIMMIGRATION CONTEXT 53 Environmental Law 487 (Summer, 2023) Human migration is not a novel concept; people have always been on the move. Reasons for migration vary: some move for economic opportunities, some to study, others to be with family. Climate disasters are forcing masses of people to migrate to more hospitable places. Arguably, the biggest motivation for global migration is to seek employment,... 2023
Etienne C. Toussaint THE ABOLITION OF FOOD OPPRESSION 111 Georgetown Law Journal 1043 (May, 2023) Public health experts trace the heightened risk of mortality from COVID-19 among historically marginalized populations to their high rates of diabetes, asthma, and hypertension, among other diet-related comorbidities. However, food justice activists call attention to structural oppression in global food systems, perhaps best illuminated by the... 2023
Joanna Dreby , Eric Macias THE AFTERMATH OF ENFORCEMENT EPISODES FOR THE CHILDREN OF IMMIGRANTS 57 Law and Society Review 103 (March, 2023) For 30 years, U.S. immigration policy has increasingly focused on enforcement. This article goes beyond cataloging the harms of such policies to document the processes by which they become more or less salient in the lives of children of immigrants over time. In-depth interviews with 86 young adults raised in New York show that enforcement policies... 2023
Alexander A. Boni-Saenz THE AGE OF RACISM 100 Washington University Law Review 1583 (2023) This Essay introduces the concept of aged racism, a distinct species of systemic racism characterized by its intersection with age. This subject has yet to receive significant theoretical attention in the legal scholarship, despite the social importance of both age and race and the many ways in which they are embedded in the law and legal... 2023
Ankevia Taylor THE AMERICAN DREAM BELONGS TO ALL OF US: LATINOS AND JAMAICAN AMERICANS EXPERIENCE CULTURAL GENOCIDE BY AMERICAN ASSIMILATION 17 Florida A & M University Law Review 249 (Spring, 2023) C1-2Table of Contents Introduction. 251 I. The American Dream Belongs to All of Us. 253 A. The American Experiment. 253 B. America Thrives off Diversity but Mistreats Diverse Populations. 255 1. The Latino Immigration Experience. 256 2. The Jamaican Immigration Experience. 257 II. America Provides Inconsistent Efforts of Protection to Racialized... 2023
Cedar Weyker THE APPLICABILITY OF MINNESOTA'S WORKERS' COMPENSATION LAWS TO UNDOCUMENTED WORKERS 41 Minnesota Journal of Law & Inequality 215 (Winter, 2023) Minnesota has a long history of immigration and has emerged as a leader in some regards. For the majority of the twentieth century, Europeans made up the majority of immigrants to Minnesota, but now more than 90% of immigrants that come to Minnesota come from non-European countries. Today, Minnesota has the highest population of Karen, Somali, and... 2023
Evangeline G. Abriel THE CALIFORNIA WAY: AN ANALYSIS OF CALIFORNIA'S IMMIGRANT-FRIENDLY CHANGES TO ITS CRIMINAL LAWS 66 Howard Law Journal 517 (Spring, 2023) C1-2CONTENTS Introduction. 518 I. An Overview of State Legislation in the Area of Immigration Law. 519 II. Immigration Consequences of Criminal Conduct Under the Immigration and Nationality Act. 523 III. California's Immigration-Related Changes to its Criminal Laws. 528 A. Reducing Maximum Misdemeanor Sentences Under Statute to 364 Days. 534 B.... 2023
Ilya Somin THE CASE FOR EXPANDING THE ANTICANON OF CONSTITUTIONAL LAW 2023 Wisconsin Law Review 575 (2023) The anticanon of constitutional law is an underappreciated constraint on judicial discretion. Some past decisions are so reviled that no judge can issue analogous rulings today, without suffering massive damage to their reputation. This Essay argues for expanding the anti-canon and proposes three worthy new candidates: The Chinese Exclusion Case,... 2023
Trevor George Gardner THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE 171 University of Pennsylvania Law Review 1699 (June, 2023) This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... 2023
Susan Bibler Coutin , Véronique Fortin THE CRAFT OF TRANSLATION: DOCUMENTARY PRACTICES WITHIN IMMIGRATION ADVOCACY IN THE UNITED STATES 46 PoLAR: Political and Legal Anthropology Review 24 (May, 2023) This article builds on anthropological research on bureaucratic inscription as a power-laden process to explore the craft of document translation in contexts of immigration legal advocacy. In a legal climate characterized by suspicion and resource scarcity, immigrants who seek to regularize their status in the United States face steep evidentiary... 2023
Michele R. Pistone THE CRISIS OF UNREPRESENTED IMMIGRANTS: VASTLY INCREASING THE NUMBER OF ACCREDITED REPRESENTATIVES OFFERS THE BEST HOPE FOR RESOLVING IT 92 Fordham Law Review 893 (December, 2023) Introduction. 894 I. Representation in Immigration Cases Dramatically Improves Outcomes for Migrants. 896 II. The Reasons Why Unrepresented Migrants Fare Worse in Immigration Courts Are Multifold and Overdetermined. 899 III. The Traditional Solution Proposed for Improving Immigrant Representation--The Encouragement of More Pro Bono Representation... 2023
Talia Peleg THE DANGERS OF ICE'S UNCHECKED REARREST POWER 86 Albany Law Review 517 (2022-2023) Introduction. 519 I. Background: The Modern Presumption of Detention, ICE Arrest Authority, Alternatives to Detention, and the Power to Rearrest. 533 A. Immigration Detention: From a Presumption of Release to Presumption of Detention. 533 1. Standards for Initial Arrest. 535 2. DHS's Initial Custody Determination. 538 3. Immigration Judge Custody... 2023
Dale Carpenter THE DEAD END OF ANIMUS DOCTRINE 74 Alabama Law Review 585 (2023) Introduction. 586 I. A Primer on Animus Doctrine.. 589 A. Animus in Democratic Theory. 590 B. Animus in Constitutional History. 591 C. Animus Doctrine in the Supreme Court: The Quadrilogy. 592 1. U.S. Department of Agriculture v. Moreno. 592 2. City of Cleburne v. Cleburne Living Center. 593 3. Romer v. Evans. 594 4. United States v. Windsor. 596... 2023
Laila L. Hlass , Rachel Leya Davidson , Austin Kocher THE DOUBLE EXCLUSION OF IMMIGRANT YOUTH 111 Georgetown Law Journal 1407 (June, 2023) Congress created Special Immigrant Juvenile Status (SIJS) in 1990 to protect vulnerable children from deportation by providing a pathway to lawful permanent residency and citizenship. Although relatively few immigrant children applied for SIJS in the early years of the program, the number of SIJS petitions grew significantly over the past decade.... 2023
Sharon Shaji THE DUE PROCESS OWED TO NONCITIZENS: STANDARDIZING THE BURDEN IN § 1226(A) BOND HEARINGS WITH THE HELP OF HERNANDEZ-LARA AND VELASCO LOPEZ 44 Cardozo Law Review 1635 (April, 2023) C1-2Table of Contents Introduction. 1636 I. Background. 1639 A. An Overview of Immigration Courts. 1639 B. Section 1226(a) and Removal Proceedings. 1641 C. The Shift from Favoring Liberty to Favoring Detention. 1643 D. The Due Process Owed to Noncitizens. 1645 E. Guidance (or Lack Thereof) from the Supreme Court. 1647 II. Circuit Split. 1648 A.... 2023
Elora Mukherjee THE END OF ASYLUM REDUX AND THE ROLE OF LAW SCHOOL CLINICS 133 Yale Law Journal Forum 473 (12/4/2023) abstract. The Biden Administration has perpetuated many of the prior administration's hostile policies undermining access to asylum at the southern border. This Essay first examines these policies and then identifies emerging opportunities for law school clinics to address these new challenges, including by serving asylum seekers south of the... 2023
Mariah Stephens THE GREAT CLIMATE MIGRATION: A CRITIQUE OF GLOBAL LEGAL STANDARDS OF CLIMATE CHANGE-CAUSED HARM 23 Sustainable Development Law & Policy 16 (Spring, 2023) Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one-hundred kilometers) of a coastline. The United Nations (U.N.) determined that a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that... 2023
Khaled A. Beydoun , Nura A. Sediqe THE GREAT REPLACEMENT: WHITE SUPREMACY AS TERRORISM? 58 Harvard Civil Rights-Civil Liberties Law Review 69 (Winter, 2023) The events of January 6th 2021, and the era of emboldened armed white supremacist violence that surrounded the United States Capitol attack spurred state commitment to counter white supremacist terrorism. This unprecedented shift on the part of the federal executive branch, spearheaded by the Biden Administration, redirected War on Terror tools... 2023
Chloe Wigul THE IMMIGRATION COURT SYSTEM: UNCONSTITUTIONALLY AT THE HANDS OF THE EXECUTIVE TO PUSH NATIVISM 43 Journal of the National Association of Administrative Law Judiciary 40 (Spring, 2023) The United States' immigration court system is located within the U.S. Department of Justice's Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney... 2023
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