AuthorTitleCitationSummaryYear
Stephanie Kang A Rose by Any Other Name: the Chilling Effect of Ice's "Secure" Communities Program 9 Hastings Race and Poverty Law Journal 83 (Winter 2012) Since the September 11, 2001, attack on United States soil, both the federal government and its citizens have felt a renewed urgency to police United States borders and push undocumented immigrants out of the country in the name of national security. For example, a recent study conducted in February 2011 found that 35% of survey respondents say... 2012
Paul R. Verkuil A Study of Immigration Procedures 31 UCLA Law Review 1141 (August, 1984) C1-3Table of Contents I. Introduction. 1142 A. A Brief Overview. 1143 B. The Plan of This Article. 1144 II. Due Process in the Immigration Setting. 1146 A. The Concept of Flexible Due Process. 1146 B. The Relevance of Flexible Due Process to the Immigration Setting. 1148 III. Valuation of Individual and Governmental Interests In Immigration... 1984
Karen J. Pita Loor A Study on Immigrant Activism, Secure Communities, and Rawlsian Civil Disobedience 100 Marquette Law Review 565 (Winter 2016) This Article explores the immigrant acts of protest during the Obama presidency in opposition to the Secure Communities (SCOMM) immigration enforcement program through the lens of philosopher John Rawls' theory of civil disobedience and posits that this immigrant resistance contributed to that administration's dismantling the federal program by... 2016
Arístides Díaz-Pedrosa A Tale of Competing Policies: the Creation of Havens for Illegal Immigrants and the Black Market Economy in the European Union 37 Cornell International Law Journal 431 (2004) As long as it is possible to hire wetbacks at 10 cents an hour, they will be coming across the border until kingdom come. Introduction. 432 I. The Forces at Work in Transnational Immigration. 436 A. Push Factors of Immigration. 436 B. State Regulation of Immigration. 437 1. The Blessings. 438 2. The Burdens. 439 C. Labor Needs in the Receiving... 2004
Jason P. Luther A Tale of Two Cities: Is Lozano V. City of Hazleton the Judicial Epilogue to the Story of Local Immigration Regulation in Beaufort County, South Carolina? 59 South Carolina Law Review 573 (Spring 2008) Immigration is a national issue. -District Judge Munley, writing in Lozano v. City of Hazleton I could no longer wait for the federal government to do anything. . . . Illegal immigration is not a federal problem. It is a local issue. We deal with it every single day. -Louis Barletta, Mayor of Hazleton, Pennsylvania When the federal government... 2008
Jonathan C. Augustine A Theology of Welcome: Faith-based Considerations of Immigrants as Strangers in a Foreign Land 19 Connecticut Public Interest Law Journal 245 (Spring, 2020) When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as the citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt . On Wednesday, August 7, 2019, United States immigration authorities raided seven food processing plants in small towns... 2020
Wesley Kennedy , Angie M. Cowan A Touch of "Class"-immigration and the Intersection of Politics and Protected Section 7 Activity 23 Labor Lawyer 99 (Summer, 2007) 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. Emma Lazarus, The New Colossus Is this the best way we can grow our big orchards? Is this the best way we can grow our good fruit? To fall... 2007
John Witte, Jr., Robert W. Woodruff University Professor of Law; McDonald Distinguished Professor of Religion; Director, Center for the Study of Law and Religion, Emory University A Tribute to Frank S. Alexander 35 Journal of Law and Religion 194 (August, 2020) A time of troubles, in Toynbee's words, is a period of crisis in law and values--a loss of faith in law and in the presence of principles underlying the law. Today is just such a time - the authority of law has disintegrated into lawless authority .. Cries for the protection of human life are heard in our hospitals, and in our prayers, but we are... 2020
Kareem W. Shora A TWENTY-YEAR LESSON: THE ROLE OF CIVIL RIGHTS IN SECURING OUR NATION 12 Journal of National Security Law & Policy 187 (2021) L1-2Introduction: The Failure of Trust and Impact on Communities . L3187 L1A. L2Lesson One: Do Not Conflate Immigration Enforcement with Violence Prevention. L3188 I. Diversity, Equity, and Inclusion Provide Collective Security. 189 A. Lesson Two: Avoid the ideological litmus test. 190 B. Lesson Three: Civil Rights and Civil Liberties Should Not Be... 2021
Anna Shifrin Faber A Vessel for Discrimination: the Public Charge Standard of Inadmissibility and Deportation 108 Georgetown Law Journal 1363 (April, 2020) Law . becomes civilized to the extent that it is self-conscious of what it is doing. C1-2Table of Contents Introduction. 1364 I. Public Charge: Now and Then. 1366 a. the current standard. 1366 1. Admission. 1367 2. Deportation. 1369 b. history of public charge. 1369 1. The Colonial Era to the Beginning of the Twentieth Century. 1370 2. The Early... 2020
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
Eleanor Marie Lawrence Brown A Visa to "Snitch": an Addendum to Cox and Posner 87 Notre Dame Law Review 973 (February, 2012) Cox and Posner's landmark contribution is the first article to have highlighted the challenges of information asymmetry in immigration screening. While Cox and Posner have undoubtedly made a significant contribution, there is a critical oversight in their framework: they do not discuss the importance of targeted ex post mechanisms of screening... 2012
Olivia Magliozzi A WELL-FOUNDED FEAR OF THE CLIMATE: UTILIZING ENVIRONMENTAL GOVERNANCE STRUCTURES TO PROTECT CLIMATE REFUGEES 46 Suffolk Transnational Law Review 123 (Winter, 2023) An international, collective failure to mitigate climate change and protect the refugees it leaves in its wake is among the greatest threats facing humanity presently and into the future. The definition of refugee was ascribed during the Geneva Convention of 1951 (1951 Geneva Convention) during a time when climate change was unimaginable, as a... 2023
Shalini Bhargava Ray ABDICATION THROUGH ENFORCEMENT 96 Indiana Law Journal 1325 (Summer, 2021) Presidential abdication in immigration law has long been synonymous with the perceived nonenforcement of certain provisions of the Immigration and Nationality Act. President Obama's never-implemented policy of deferred action, known as DAPA, serves as the prime example in the literature. But can the President abdicate the duty of faithful execution... 2021
Marc Canellas ABOLISH AND REIMAGINE: THE PSEUDOSCIENCE AND MYTHOLOGY OF SUBSTANCE USE IN THE FAMILY REGULATION SYSTEM 30 Georgetown Journal on Poverty Law and Policy 169 (Winter, 2023) Substance use is one of the favorite justifications for the family regulation system to remove children and prevent reunification with their parents, especially if those parents are women, people in poverty, or people of color. This Article reviews decades of scientific research, hundreds of scientific articles, revealing that almost all the... 2023
Peter L. Markowitz Abolish Ice . And Then What? 129 Yale Law Journal Forum 130 (November 7, 2019) abstract. In recent years, activists and then politicians began calling for the abolition of the United States's interior immigration-enforcement agency: U.S. Immigration and Customs Enforcement (ICE). Many people have misinterpreted the call to Abolish ICE as merely a spontaneous rhetorical device used to express outrage at the current... 2019
Steven Sacco ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY 36 Georgetown Immigration Law Journal 693 (Winter, 2022) C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... 2022
Ashley Dylenski Abolishing Ice Is Not Enough: Using Conservative Judicial Principles to Protect Unauthorized Immigrants from a "Tyrannical Bureaucracy" 26 Cardozo Journal of Equal Rights & Social Justice 525 (Spring, 2020) C1-2Table of Contents I. Abolishing ICE Alone Will Not Create a More Humane Immigration System. 531 A. Untangling the Executive Immigration Agencies & Their Functions. 531 B. How Much Process is Due to Unauthorized Immigrants?. 537 C. The Zero Tolerance Policy & Family Separations Could Still Have Happened Without ICE. 543 II.Challenging The... 2020
César Cuauhtémoc García Hernández Abolishing Immigration Prisons 97 Boston University Law Review 245 (January, 2017) Introduction. 246 I. Immigration Imprisonment Today. 251 A. Defining Immigration Imprisonment. 252 B. Pathways into Immigration Imprisonment. 253 C. Lasting Power of Immigration Imprisonment. 257 II. Abolitionist Legacies. 260 A. Defining Abolition. 262 B. Abolition Past and Present. 265 III. Immigration Imprisonment's Moral Foundation. 274 A.... 2017
Allison Crennen-Dunlap Abolishing the Iceberg 96 Denver Law Review Online 148 (2019) 2018 was a difficult year for many migrants and their allies. In February, the Supreme Court held that the Immigration and Nationality Act permits the seemingly indefinite detention of certain migrants in removal proceedings without a bond hearing. In April, then-Attorney General Jefferson Sessions announced a zero tolerance policy that created... 2019
Antonio Iglesias Abolishing the Private Prison Industry's Evolving Influence on Immigrant Oppression 25 Cardozo Journal of Equal Rights & Social Justice 293 (Winter, 2019) C1-2Table of Contents Introduction. 294 I. Background. 295 A. The Growth of the Private Prison Industry. 296 B. The Continued Rise in Immigration Detention. 299 C. The Private Prison Industry's Extensive Role in Immigration Detention. 301 D. The Growing Influence of The Private Prison Industry In The Political And Legislative Process To Secure Its... 2019
Allegra McLeod ABOLITION AND ENVIRONMENTAL JUSTICE 69 UCLA Law Review 1536 (September, 2023) During the coronavirus pandemic, movements for penal abolition and racial justice achieved dramatic growth and increased visibility. While much public discussion of abolition has centered on the call to divest from criminal law enforcement, contemporary abolitionists also understand public safety in terms of building new life-sustaining... 2023
Alexandria Walden Abortion Rights for Ice Detainees: Evaluating Constitutional Challenges to Restrictions on the Right to Abortion for Women in Ice Detention 43 University of San Francisco Law Review 979 (Spring 2009) IMMIGRATION HAS BEEN a perpetual hot topic throughout American history. Debates surrounding immigration policy reform have spurred several major legislative initiatives over the last fifteen years. In 1996, Congress made significant changes to immigration law in the wake of the Oklahoma City bombing with the passage of two laws: the Illegal... 2009
Andrea Flores ABOUT TIME: TEMPORAL CONTROL AND ILLEGALITY IN NASHVILLE, TENNESSEE 46 PoLAR: Political and Legal Anthropology Review 39 (May, 2023) This article examines how time creates immigrant il/legality. It centers on a young, undocumented immigrant who was stopped by police following a traffic violation and held in custody pending potential deportation. However, he was ultimately released due to previously filed legal claims. Through the case, I demonstrate how he, his lawyer, the... 2023
Deborah A. Morgan Access Denied: Barriers to Remedies under the Violence Against Women Act for Limited English Proficient Battered Immigrant Women 54 American University Law Review 485 (December, 2004) Introduction. 486 I. Background. 490 A. The Violence Against Women Act. 490 B. The Story of May, an LEP Battered Immigrant Woman. 492 1. Language barriers to accessing VAWA information. 493 2. Language barriers to completing a VAWA application. 495 C. USCIS's Language Access Obligations Under Executive Order 13,166. 496 1. Title VI of the Civil... 2004
Nermeen S. Arastu ACCESS TO A DOCTOR, ACCESS TO JUSTICE? AN EMPIRICAL STUDY ON THE IMPACT OF FORENSIC MEDICAL EXAMINATIONS IN PREVENTING DEPORTATIONS 35 Harvard Human Rights Journal 47 (Spring, 2022) Year after year, the United States has remained the world's largest recipient of humanitarian-based immigration applications. Those seeking protection here must navigate a backlogged and increasingly restrictive system, oftentimes without access to counsel. Most individuals applying for humanitarian relief must prove that they survived egregious... 2022
Irene Rizzolatti ACCESS TO HIGHER EDUCATION: A COMPARATIVE LAW ANALYSIS OF THE INSTITUTIONAL AND SOCIETAL BARRIERS REFUGEES MUST OVERCOME 56 UIC Law Review 737 (Winter 2023) I. Introduction. 738 II. Background. 742 A. Global View on the Right to Higher Education. 744 1. International Laws Protecting the Right to Higher Education. 746 2. Women Refugee's Access to Higher Education. 748 B. Global Issues Faced by Refugees Generally. 750 1. Missing Qualifications. 751 2. Detainment Period. 753 3. Language Access. 754 4.... 2023
Marzia Barbera, Venera Protopapa Access to Justice and Legal Clinics: Developing a Reflective Lawyering Space Some Insights from the Italian Experience 27 Indiana Journal of Global Legal Studies 249 (Winter, 2020) As stated in the introduction to this special issue, the right to access to justice is critical in a liberal state: it allows individuals to defend their interests in court and to achieve full inclusion in the political community. Nonetheless, epistemological, class, and market inequalities have historically hindered its realization. Worldwide,... 2020
Gwynne Harris Birzer , Hite, Fanning & Honeyman L.L.P., Wichita, KBA Diversity Committee Chair Achieving Diversity in the Kansas Legal Profession 77-OCT Journal of the Kansas Bar Association B.A. 6 (October, 2008) Racial and ethnic diversity has always been a hallmark of American society. Immigration from different parts of the world, and the different fertility and mortality rates among recent migrants, has kept the racial and ethnic composition in flux. Diversity is not only strength, it is a necessity. Our values should reflect appreciation of diversity... 2008
Ruben J. Garcia Across the Borders: Immigrant Status and Identity in Law and Latcrit Theory 55 Florida Law Review 511 (January, 2003) I. L2-3,T3Introduction 512. II. L2-3,T3The Porous Borders of Existing Legal Doctrines 515. A. Workplace Law: Weak Protection of Immigrants. 515 B. Fair Housing Law: No Home for the Immigrant Worker. 520 C. Darkness: Public Accommodations, Hate Crimes, and Street Harassment. 522 D. The Mutually Constitutive Nature of Law and Society. 523 III.... 2003
Sadie M. Casamenti ACTS OF JUSTICE: RESTORING JUSTICE FOR IMMIGRANTS THROUGH STATE PARDONS 43 Cardozo Law Review 2473 (August, 2022) C1-2Table of Contents Introduction. 2474 I. Background. 2479 A. Plenary Power and the Erosion of Federal Exclusivity Over Immigration. 2479 1. Traditional Understandings of Plenary Power. 2479 2. The Shift from Plenary Power to the Recognition of State Authority in Protecting Immigrants. 2481 B. Pardon Powers and State Sovereignty. 2483 1. Origins... 2022
Carmen Gloria Iguina Adapting to 287(g) Enforcement: Rethinking Suppression and Termination Doctrines in Removal Proceedings in Light of State and Local Enforcement of Immigration Law 86 New York University Law Review 207 (April, 2011) Two legal doctrines govern the suppression of evidence and termination of removal proceedings following constitutional or regulatory violations in immigration enforcement. The Lopez-Mendoza doctrine governs suppression of evidence obtained in violation of constitutional rights. The Accardi doctrine governs suppression of evidence and termination of... 2011
Cyra Akila Choudhury , Shruti Rana ADDRESSING ASIAN (IN)VISIBILITY IN THE ACADEMY 51 Southwestern Law Review 287 (2022) To be Asian American in the legal academy is to be caught between a paradox and a dichotomy, with both marked by silencing and erasure. The paradox exists within the term Asian American itself, as Asian and American have historically been posed as antithetical identities in U.S. history and jurisprudence. On one side is a representation of... 2022
Leticia M. Saucedo Addressing Segregation in the Brown Collar Workplace: Toward a Solution for the Inexorable 100% 41 University of Michigan Journal of Law Reform 447 (Winter 2008) Despite public perception to the contrary, segregated workplaces exist in greater number today than ever before, largely because of the influx of newly arrived immigrant workers to low-wage industries throughout the country. Yet existing anti-discrimination frameworks no longer operate adequately to rid workplaces of the segregation that results... 2008
Scott Aronin ADDRESSING THE DELIBERATIVE DEFICIT: A PROPOSAL TO IMPROVE THE BALLOT-INITIATIVE PROCESS 34 Stanford Law and Policy Review 181 (2023) The ballot initiative, a form of direct democracy practiced across the country, is often held up as a model of implementing the people's will and, therefore, achieving democracy's most fundamental aim. But with direct popular control over policymaking comes a cost: limited deliberative processes to develop proposals. I call this cost the... 2023
Bill Ong Hing ADDRESSING THE INTERSECTION OF RACIAL JUSTICE AND IMMIGRANT RIGHTS 9 Belmont Law Review 357 (Spring, 2022) Introduction. 358 I. The Intersection of Racial Justice and Immigrant Rights. 359 A. Anti-Blackness as Manifested in Immigration Laws and Enforcement. 359 1. Racial Justice and Immigration Law Enforcement. 361 a. Criminal Convictions. 361 b. Detention. 361 2. Police Brutality Against Black Immigrants. 363 3. Relevant Cases. 364 4. Legislation. 366... 2022
Greta Byrum Addressing the Social Cost of Digital Transition: a New Decennial Census for 2020 47 Fordham Urban Law Journal 883 (June, 2020) Introduction. 884 I. Anticipating an Undercount: Center for Popular Democracy Action v. Bureau of the Census. 888 II. The Mechanics of Digital Transition. 890 A. Internet Self-Response (ISR) Portal. 891 B. Non-Response Follow Up (NRFU) Platform. 893 C. Imputation, Not Sampling. 893 III. Digital Equity Risks. 896 A. Digital Equity Risk Analysis. 899... 2020
Alina Das Administrative Constitutionalism in Immigration Law 98 Boston University Law Review 485 (March, 2018) Introduction. 486 I. Constitutional Enforcement in Immigration Law: Limitations on Judicial Intervention. 494 II. The Executive's Role in the Enforcement of Constitutional Norms in Immigration Law. 502 A. Immigration Adjudication. 504 1. Constitutional Challenges in Substantive Immigration Law. 506 2. Constitutional Avoidance in Statutory... 2018
Ashley Albert , Amy Mulzer ADOPTION CANNOT BE REFORMED 12 Columbia Journal of Race and Law 1 (July, 2022) I. Introduction. 2 II. Adoption as Family Regulation. 8 A. Child-Saving and the Creating of Legal Adoption. 10 B. Georgia Tann and the Development of Sealed Records. 14 C. The Baby Scoop Era. 16 D. The Rise of Transracial Adoption, the Modern Family Regulation System, and the Permanency Ideal. 18 1. The Indian Adoption Project. 18 2. The... 2022
Juliet Stumpf, Bruce Friedman Advancing Civil Rights Through Immigration Law: One Step Forward, Two Steps Back? 6 NYU Journal of Legislation and Public Policy 131 (2002-2003) The migration of the labor pool across international borders forces nations to face conflicting pressures to maintain the cultural and economic status of the current population, while at the same time responding to the demand for more labor. In the United States, the response to this problem is immigration law-- the primary tool that the... 2003
Marcela Mendoza , Edward M. Olivos Advocating for Control with Compassion: the Impacts of Raids and Deportations on Children and Families 11 Oregon Review of International Law 111 (2009) I. Growth and Expansion of Immigration Enforcement Operations. 113 II. Impacts of Raids and Deportations on Children, Families, and Communities. 116 L1-2Conclusion . L3121 2009
  AFFIRMATIVE DUTIES IN IMMIGRATION DETENTION 134 Harvard Law Review 2486 (May, 2021) Detention has become an undeniably central part of immigration enforcement today. In principle, the constitutional right to be free from deprivation of life, liberty, or property, without due process of law extends to all persons within U.S. territory, regardless of citizenship. In practice, due process for noncitizen detainees tends to be far... 2021
Jeena Shah Affirming Affirmative Action by Affirming White Privilege: Sffa V. Harvard 108 Georgetown Law Journal Online 134 (2020) Harvard College's race-based affirmative action measures for student admissions survived trial in a federal district court. Harvard's victory has since been characterized as [t]hrilling, yet [p]yrrhic. Although the court's reasoning should be lauded for its thorough assessment of Harvard's race-based affirmative action, the roads not taken by... 2020
Collins C. Ajibo , Miriam C. Anozie, Timothy O. Umahi, Samuel I. Nwatu Africa-china Investment Partnership for Development: the Downside, the Promises and a Roadmap for the Future 15 Asian Journal of WTO & International Health Law & Policy 285 (March, 2020) The emergence of China as a major capital exporting country, bolstered by its policy of the Belt and Road initiative (BRI), has resulted in an unprecedented influx of Chinese investment, loan financing and infrastructure development ever recorded by a single investor in Africa. The Chinese investment straddles virtually all sectors, ranging from... 2020
Bolatito Kolawole African Immigrants, Intersectionality, and the Increasing Need for Visibility in the Current Immigration Debate 7 Columbia Journal of Race and Law 373 (2017) Africans are one of the fastest growing immigrant groups in the United States, yet their presence receives very little attention in public discourse about immigration. In an era where America's immigration policies have grown increasingly insular, African immigrants are particularly at risk of having measures that historically facilitated their... 2017
Judy Scales-Trent African Women in France: Immigration, Family, and Work 24 Brooklyn Journal of International Law 705 (1999) In the Fall of 1997, much of the news in France seemed to lead back to Africa-- back to reminders of French colonization on that continent, back to the painful memories of those years. Most of this news centered on Algeria. It was a time when waves of terrorism were sweeping Algeria. As residents of entire villages were being slaughtered at random,... 1999
Peter L. Markowitz After Ice: a New Humane & Effective Immigration Enforcement Paradigm 55 Wake Forest Law Review 89 (Spring, 2020) In recent years, as the U.S. Immigration and Customs Enforcement Agency's (ICE) brutal tactics have devasted communities across the nation, a growing chorus of activists and policymakers have begun calling for the agency to be abolished. Abolish ICE advocates have made a compelling case for the irredeemable deficiencies of ICE; they have exposed... 2020
Stephen Macedo After the Backlash: Populism and the Politics and Ethics of Migration 14 Law & Ethics of Human Rights 153 (November, 2020) Abstract: In the U.S., and elsewhere, populism has been democracy's way of shaking elites up. We can view populism in part as a revolt of the losers, or perceived losers, of globalization. Yet elites have often paid too little heed to the domestic distributive impact of high immigration and globalized trade. Immigration and globalization are also... 2020
Alexander A. Boni-Saenz AGE DIVERSITY 94 Southern California Law Review 303 (January, 2021) This Article is the first to examine age diversity in the legal literature, mapping out its descriptive, normative, and legal dimensions. Age diversity is a plural concept, as heterogeneity of age can take many forms in various human institutions. Likewise, the normative rationales for these assorted age diversities are rooted in distinct... 2021
Annette C. Escobar Aggravating the Immigration Paradox: the Nicaraguan Adjustment and Central American Relief Act's Effect on U.s. Immigration Policy 11 Saint Thomas Law Review 445 (Spring, 1999) C1-3TABLE OF CONTENTS L1-2Introduction R3446. I. Immigration Law Before NACARA. 448 II. The Supreme Court and Immigration. 453 III. NACARA's Inception and Resulting Configuration: Exacerbating Havoc in Immigration Law. 457 A. Government Submission to Interest Group Uproar Over the Restrictive 1996 Legislation. 458 B. Virtually Automatic Asylum for... 1999
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