Author | Title | Citation | Summary | Year |
Lindsay Nash |
DEPORTATION ARREST WARRANTS |
73 Stanford Law Review 433 (February, 2021) |
The common conception of a constitutionally sufficient warrant is one reflecting a judicial determination of probable cause, the idea being that the warrant process serves to check law enforcement. But neither the Constitution nor the Supreme Court has fully defined who can issue arrest warrants within the meaning of the Fourth Amendment,... |
2021 |
Daniel Kanstroom |
Deportation, Social Control, and Punishment: Some Thoughts about Why Hard Laws Make Bad Cases |
113 Harvard Law Review 1889 (June, 2000) |
The Illegal Immigration Reform and Immigrant Responsibility Act and the Antiterrorism and Effective Death Penalty Act, both passed in 1996, substantially altered U.S. immigration law and policy. In December 1999, the Criminal Justice Institute of Harvard Law School, the Harvard Law School Immigration and Refugee Clinic, and the Boston College Law... |
2000 |
Laurie A. Levin |
Deportation: Procedural Rights of Reentering Permanent Resident Aliens Subjected to Exclusion Hearings |
51 Fordham Law Review 1339 (May, 1983) |
Aliens admitted for permanent residence in the United States enjoy substantial constitutional protections. Despite the extent of these protections, permanent residents are subject to deportation by the Immigration and Naturalization Service (INS) in certain circumstances. The deportation procedures of the INS raise the issue whether these... |
1983 |
Lupe S. Salinas |
Deportations, Removals and the 1996 Immigration Acts: a Modern Look at the ex Post Facto Clause |
22 Boston University International Law Journal 245 (Fall 2004) |
I. Introduction. 246 II. Concerns Over the Immigration Acts in the American Immigrant Community. 251 III. Congressional Plenary Power in the Area of Immigration and Naturalization. 253 IV. AEDPA and IIRIRA: The 1996 Immigration Acts and the Aggravated Felony . 255 V. The Supreme Court's Deportation Rulings--A Constitutional Enigma?. 260 VI.... |
2004 |
Lori A. Nessel |
Deporting America's Children: the Demise of Discretion and Family Values in Immigration Law |
61 Arizona Law Review 605 (2019) |
Deportation may result . in loss of both property and life, or of all that makes life worth living. In approaching cases . in which federal constitutional rights are asserted, it is incumbent on us to inquire not merely whether those rights have been denied in express terms, but also whether they have been denied in substance and effect.... |
2019 |
Pooja R. Dadhania |
Deporting Undesirable Women |
9 UC Irvine Law Review 53 (September, 2018) |
Immigration law has long labeled certain categories of immigrants undesirable. One of the longest-standing of these categories is women who sell sex. Current immigration laws subject sellers of sex to an inconsistent array of harsh immigration penalties, including bars to entry to the United States as well as mandatory detention and removal. A... |
2018 |
Sheila I. Vélez Martínez |
Desde Quisqueya Hacia Borinquena: Experiences and Visibility of Immigrant Dominican Women in Puerto Rico: Violence, Lucha and Hope in Their Own Voices |
18 ILSA Journal of International and Comparative Law 683 (Summer, 2012) |
I. Introduction. 683 II. Methodology. 685 III. Dominican migration: feminine and transnational. 689 IV. The shaping and reshaping of identities. 697 V. On Visibility. 702 VI. Conclusion. 705 |
2012 |
Juliet P. Stumpf |
Designing Populations: Lessons in Power and Population Production from Nineteenth-century Immigration Law |
64 Vanderbilt Law Review En Banc 29 (February 22, 2011) |
I. Integration and the Production of Culture. 31 A. Ingredients of Exclusion. 32 B. Ingredients of Inclusion. 33 C. Modern Integration and Change. 35 II. Who Decides?. 37 A. Federal, State, Local, and Private Decisionmakers. 38 B. Who Integrates. 41 Conclusion. 42 |
2011 |
Hiroshi Motomura |
Designing Temporary Worker Programs |
80 University of Chicago Law Review 263 (Winter, 2013) |
Some of the most vexing and persistent questions in US immigration policy involve whether and how to design programs to admit temporary workers to the United States. In addressing this topic, I start with a brief overview of temporary worker admissions in US immigration law today and then summarize the main points typically made by supporters and... |
2013 |
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 |
Ingrid Eagly , Steven Shafer , Jana Whalley |
Detaining Families: a Study of Asylum Adjudication in Family Detention |
106 California Law Review 785 (June, 2018) |
The United States currently detains more families seeking asylum than any nation in the world, but little is known about how these families fare in the immigration court process. In this Article, we analyze government data from all immigration court cases initiated between 2001 and 2016 to provide the first empirical analysis of asylum adjudication... |
2018 |
Aaron Korthuis |
Detention and Deterrence: Insights from the Early Years of Immigration Detention at the Border |
129 Yale Law Journal Forum 238 (November 25, 2019) |
ABSTRACT: Throughout the past several years, in the Trump and Obama Administrations alike, federal immigration authorities have advanced the use of detention as a deterrent to dissuade immigrants from seeking refuge in the United States. That detention often lasts for months, and even years, causing some immigrants to give up their cases, while... |
2019 |
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 |
Bridget Stubblefield |
Development in the Executive Branch Sanctuary Cities: Balancing Between National Security Directives, Local Law Enforcement Autonomy, and Immigrants' Rights |
29 Georgetown Immigration Law Journal 541 (Spring, 2015) |
On July 1, 2015, Kathryn Steinle was fatally shot while walking on San Francisco's Embarcadero after a gunman opened-fire on Pier 14. Authorities charged Juan Francisco Lopez-Sanchez, a Mexican national who was in the United States illegally, with Steinle's murder. Prior to Steinle's death, Lopez-Sanchez had been convicted of seven felonies and had... |
2015 |
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 |
Nicholas Loh |
DIASPORIC DREAMS: LAW, WHITENESS, AND THE ASIAN AMERICAN IDENTITY |
48 Fordham Urban Law Journal 1331 (October, 2021) |
Introduction. 1331 I. Historical Artifacts--Anti-Asian Animus. 1335 A. Exclusion and Litigating Whiteness. 1335 B. Alien Land Laws and Internment. 1341 II. Assimilation, Covering, and Honorary Whiteness. 1345 A. Assimilation and the Model Minority Myth. 1346 B. Covering. 1348 C. The Choice for a New Generation of Assimilated Asian Americans. 1351... |
2021 |
Gabriel J. Chin , Douglas M. Spencer |
Did Multicultural America Result from a Mistake? The 1965 Immigration Act and Evidence from Roll Call Votes |
2015 University of Illinois Law Review 1239 (2015) |
Between July 1964 and October 1965, Congress enacted the three most important civil rights laws since Reconstruction: The Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Immigration and Nationality Act Amendments of 1965. As we approach the 50th anniversary of these laws, it is clear that all three have fundamentally remade the... |
2015 |
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 |
E. Tendayi Achiume |
DIGITAL RACIAL BORDERS |
115 AJIL Unbound 333 (2021) |
It is the core and intended function of borders to discriminate. Descriptively, their purpose is to differentiate or distinguish among different categories of persons, sorting those who may enter and belong from those who may not. But it is also a core function of modern borders to discriminate in the normatively prejudicial sense--they allocate... |
2021 |
Christopher Mendez |
Dignity Takings in Leviathanic Immigration Proceedings |
21 Scholar: St. Mary's Law Review on Race and Social Justice 403 (2019) |
Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status... |
2019 |
Gregory Taylor |
Dillon's Rule: a Check on Sheriffs' Authority to Enter 287(g) Agreements |
68 American University Law Review 1053 (February, 2019) |
Authority to enforce federal immigration policy in the United States is a power traditionally left exclusively to federal government agents. However, § 287(g) of the Immigration and Nationality Act provides a legal framework for state and local law enforcement to carry out federal immigration policy by entering a written agreement with the federal... |
2019 |
Meg E. Ziegler |
Disabling Language: Why Legal Terminology Should Comport with a Social Model of Disability |
61 Boston College Law Review 1183 (March, 2020) |
Abstract: The disability terminology used in the law has evolved significantly over time. This evolution has mirrored various models for treating and perceiving disability in society, from the moral model of disability as a sin to the medical model of disability as a defect to be cured. After witnessing the success of the Civil Rights Movement,... |
2020 |
Matthew J. Lindsay |
Disaggregating "Immigration Law" |
68 Florida Law Review 179 (January, 2016) |
Courts and scholars have long noted the constitutional exceptionalism of the federal immigration power, decried the injustice it produces, and appealed for greater constitutional protection for noncitizens. This Article builds on this robust literature while focusing on a particularly critical conceptual and doctrinal obstacle to legal reform-the... |
2016 |
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 |
Anthony V. Alfieri |
Discovering Identity in Civil Procedure |
83 Southern California Law Review 453 (March, 2010) |
Speak up, baby.--Reverend Dorothy WashingtonCoconut Grove Ministerial Alliance Meeting This Review explores the story of Floride Norelus--an undocumented Haitian immigrant--her civil rights lawyers, and the judges who did not believe them. The backdrop for Norelus's story comes out of Ariela J. Gross's new book, What Blood Won't Tell: A History... |
2010 |
Shoba Sivaprasad Wadhia |
DISCRETION AND DISOBEDIENCE IN THE CHINESE EXCLUSION ERA |
29 Asian American Law Journal 49 (2022) |
This Article examines the use of prosecutorial discretion from its first recorded use in the nineteenth century to protect Chinese subject to deportation, following to its implications in modern day immigration policy. A foundational Supreme Court case, known as Fong Yue Ting, provides a historical precedent for the protection of a category of... |
2022 |
Federalist Society Panel |
Discrimination Against Minorities |
45 University of Dayton Law Review 445 (Summer, 2020) |
The following is a transcript of a 2018 Federalist Society panel entitled Discrimination Against Minorities. The panel originally occurred on November 16, 2018, during the National Lawyers Convention in Washington, D.C. The panelists were: Andrew Koppelman, John Paul Stevens Professor of Law, Northwestern University School of Law; Dr. Althea Nagai,... |
2020 |
Mary Jane Lapointe |
Discrimination in Asylum Law: the Implications of Jean V. Nelson |
62 Indiana Law Journal 127 (Winter, 1986) |
U.S. immigration law grants the Attorney General discretionary authority to admit (parole) otherwise inadmissible aliens into the country in cases of emergency. This parole statute does not explicitly prohibit the Attorney General from using race or national origin as a basis for denying parole to an alien. On June 26, 1985, the Supreme Court... |
1986 |
Anita L. Allen |
DISMANTLING THE "BLACK OPTICON": PRIVACY, RACE EQUITY, AND ONLINE DATA-PROTECTION REFORM |
131 Yale Law Journal Forum 907 (20-Feb-22) |
abstract. African Americans online face three distinguishable but related categories of vulnerability to bias and discrimination that I dub the Black Opticon: discriminatory oversurveillance, discriminatory exclusion, and discriminatory predation. Escaping the Black Opticon is unlikely without acknowledgement of privacy's unequal distribution and... |
2022 |
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 |
Chris Chambers Goodman , Natalie Antounian |
DISMANTLING THE MASTER'S HOUSE: ESTABLISHING A NEW COMPELLING INTEREST IN REMEDYING SYSTEMIC DISCRIMINATION |
73 Hastings Law Journal 437 (February, 2022) |
This Article proposes a new compelling interest to justify affirmative action policies. Litigation has been successful, to a point, in preserving affirmative action, but public support of the diversity and inclusion rationales for race-conscious policies is waning. Equity abhors a vacuum, and so this Article promotes a return to remedial... |
2022 |
Cristina Isabel Ceballos, David Freeman Engstrom, Daniel E. Ho |
DISPARATE LIMBO: HOW ADMINISTRATIVE LAW ERASED ANTIDISCRIMINATION |
131 Yale Law Journal 370 (November, 2021) |
Administrative law has a blind spot. It is blackletter doctrine that an agency's failure to consider the impacts of its conduct can lead to court invalidation of its decision as arbitrary and capricious. Judges have set aside agency action for failures to consider differential impacts on subgroups of business owners, park visitors, and animals. Yet... |
2021 |
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 |
Sherally Munshi |
DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION |
110 Georgetown Law Journal 1021 (May, 2022) |
Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... |
2022 |
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 |
Tess Douglas |
Disrupting Immigration: How Administrative Rulemaking Could Transform the Landscape for Immigrant Entrepreneurs |
44 Pepperdine Law Review 199 (2016) |
Immigrant entrepreneurs come to the United States and start thriving companies that create jobs, drive the economy, and facilitate innovation. However, U.S. laws do not provide a clear path for immigrant entrepreneurs to lawfully enter and work in America. Therefore, immigrant entrepreneurs must seek lawful status in the United States through... |
2016 |
Judy Amorosa |
Dissecting in re D-j-: the Attorney General, Unchecked Power, and the New National Security Threat Posed by Haitian Asylum Seekers |
38 Cornell International Law Journal 263 (2005) |
Introduction. 264 I. Background. 266 A. Plenary Power and Exclusion. 266 B. National Security Justification Historically. 267 C. U.S. Treatment of Haitian Immigrants. 269 D. Obligations to Asylum Seekers Under U.S. and International Law. 270 II. The Attorney General's Decision in D-J-. 271 A. The Holding. 271 B. The Facts. 271 C. Application of... |
2005 |
Mari Matsuda |
Dissent in a Crowded Theater |
72 SMU Law Review 441 (Summer, 2019) |
C1-3TABLE OF CONTENTS I. INTRODUCTION: DEFINING IMMINENT THREAT. 441 II. THE KKK AND THE BURNING CROSS: HATE SPEECH IN CONTEXT. 443 III. CONCLUSION: EQUALITY CONSTRUCTS LIBERTY. 454 |
2019 |
Jayesh M. Rathod |
Distilling Americans: the Legacy of Prohibition on U.s. Immigration Law |
51 Houston Law Review 781 (Winter, 2014) |
Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the... |
2014 |
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 |
Ann M. Eisenberg |
Distributive Justice and Rural America |
61 Boston College Law Review 189 (January, 2020) |
Introduction. 191 I. Understanding Today's Rural Landscape. 201 A. Differentiating the Four Rural Americas. 202 B. Background on Chronic Rural Poverty. 204 C. Background on Rural Economic Transformation. 206 D. Rural as an Intersectional Concept. 213 II. Distributive Justice and the Rural Condition. 214 A. Theories of Distributive Justice. 215 B.... |
2020 |
Asad Rahim |
Diversity to Deradicalize |
108 California Law Review 1423 (October, 2020) |
For four decades, diversity has functioned as the dominant rationale for affirmative action. During this time, scholars have debated whether diversity should have this hegemonic hold on the policy. Central to the debate is Justice Lewis Powell's opinion in Bakke, an opinion that no other justice joined. What motivated him to turn to the diversity... |
2020 |
Walter P. Jacob |
Diversity Visas: Muddled Thinking and Pork Barrel Politics |
6 Georgetown Immigration Law Journal 297 (June, 1992) |
Because Congress is held to have plenary power to exclude aliens from the United States, efforts to eliminate discrimination from this nation's immigration policy tend to rely on basic notions of fairness rather than on the legal rights of aliens. Supporters of the 1965 amendments to the Immigration and Nationality Act employed such a fairness... |
1992 |
Rosemary A. Laughlin |
Divided Nation, Split Circuits: Keller V. City of Fremont Divides Circuits Regarding Preemption and Convolutes Immigration Law |
48 Creighton Law Review 371 (March, 2015) |
Immigration regulation is a polarizing topic for lawmakers in the United States. This issue is further exacerbated by the complexity of immigration law. Proponents of state and local immigration regulations cite discontent with the perceived lack of federal enforcement of immigration laws. In response, states and municipalities passed their own... |
2015 |
Corrie Bilke |
Divided We Stand, United We Fall: a Public Policy Analysis of Sanctuary Cities' Role in the "Illegal Immigration" Debate |
42 Indiana Law Review 165 (2009) |
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 . . . . This inscription located on the Statue of Liberty is recognized as a symbol of freedom and hope for those immigrants arriving in the United States, the initial step taken to... |
2009 |
Bianca Figueroa-Santana |
Divided We Stand: Constitutionalizing Executive Immigration Reform Through Subfederal Regulation |
115 Columbia Law Review 2219 (December, 2015) |
With Congress divided over comprehensive immigration reform, federal and subfederal actors have stepped into the breach. In 2012 and 2014, in an effort to counter congressional paralysis, President Barack Obama extended deferred action to millions of undocumented noncitizen children and their parents. In doing so, he reignited debates about the... |
2015 |
Alex Boon, Ben España, Lindsay Jonasson, Teresa Smith, Juliet P. Stumpf, Stephen W. Manning |
Divorcing Deportation: the Oregon Trail to Immigrant Inclusion |
22 Lewis & Clark Law Review 623 (2018) |
Immigration policy under the Trump Administration has relied on local officials and local information to fulfill federal policy goals of highvolume deportation. It has embroiled states and localities and inspired impassioned objection from many impacted localities. This intensification of federal deportation has compelled states, towns, and cities... |
2018 |
Gabriel Zeller |
Do Cubans Deserve Special Treatment? A Comparative Study Relating to the Cuban Adjustment Act |
4 Elon Law Review 235 (2012) |
C1-3Contents I. Introduction. 235 II. The Cuban Adjustment Act and Treatment of Cuban Immigrants. 238 III. Methods of Obtaining Legal Permanent Resident Status for Latino Immigrants from Other Countries. 240 IV. An Overview of Conditions in Cuba, Venezuela, and Honduras. 241 a. Cuba. 241 b. Venezuela. 243 c. Honduras. 246 V. Comparing the... |
2012 |
Caitlin Cavanagh, Erica Dalzell , Elizabeth Cauffman , Michigan State University, University of California, Irvine |
Documentation Status, Neighborhood Disorder, and Attitudes Toward Police and Courts among Latina Immigrants |
26 Psychology, Public Policy, and Law 121 (February, 2020) |
Individuals who live in disordered neighborhoods tend to view the justice system more negatively. However, some families with an undocumented member may feel compelled to remain undetected or may lack the means for suitable housing, and thus may have little choice but to live in disordered neighborhoods. The present study answers the question, does... |
2020 |
Sirine Shebaya |
Does the Priority Enforcement Program Solve the Constitutional Problems with Ice Detainers? |
13 University of Saint Thomas Law Journal 566 (Fall, 2017) |
In November 2014, President Obama issued a long-awaited executive action on immigration. The executive action included two critical components: first, a grant of deferred action to qualifying undocumented parents of U.S. citizens and Lawful Permanent Residents and to persons who entered the United States as children; and second, a series of changes... |
2017 |