AuthorTitleCitationSummaryYear
Dana Gayeski Give Me Your Tired, Your Poor, Your Legal: Why Efforts to Repeal Birthright Citizenship Are Unconstitutional and Un-american 21 Temple Political & Civil Rights Law Review 215 (Fall 2011) In April 2010, Arizona signed into law the toughest immigration enforcement legislation in the nation, recharging the national debate over illegal immigration and pushing it to the forefront of American politics. Though the most controversial provisions of the Arizona law, Senate Bill 1070 (SB1070), were enjoined by the federal government, Arizona... 2011
Nathalie Martin Giving Credit Where Credit Is Due: What We Can Learn from the Banking and Credit Habits of Undocumented Immigrants 2015 Michigan State Law Review 989 (2015) Undocumented immigrants currently make up more than 5% of the U.S. labor force and 7% of school-age children. Numbering over eleven million, undocumented immigrants unquestionably comprise a significant segment of the population, yet most lack financial security and stability on multiple fronts. In addition to the everyday risk of deportation, many... 2015
Elie Peltz GIVING VOICE TO THE SILENCED: THE POWER ACT AS A LEGISLATIVE REMEDY TO THE FEARS FACING UNDOCUMENTED EMPLOYEES EXERCISING THEIR WORKPLACE RIGHTS 54 Columbia Journal of Law and Social Problems 503 (Spring, 2021) Undocumented workers in the United States number nearly eight million and are key contributors to major industries and regional economies across the country. Yet undocumented workers often hesitate to report labor law violations due to the fear of making themselves known to immigration authorities. In recent years, employers have felt emboldened to... 2021
Emily Gleichert Global Apathy and the Need for a New, Cooperative International Refugee Response 16 Northwestern Journal of Law & Social Policy 119 (Fall, 2020) While an increasing number of nations move toward isolationist, nationalist policies, the number of refugees worldwide is climbing to its highest levels since World War II. The United Nations High Commissioner for Refugees (UNHCR) is the international body tasked with protecting this population. However, the office's traditional solutions for... 2020
Pantea Javidan Global Class and the Commercial-sexual Exploitation of Children: Toward a Multidimensional Understanding 1 Columbia Journal of Race and Law 365 (July, 2012) This Essay draws together several focal points of the Third Annual National People of Color Conference in 2010, human trafficking, racial contexts, criminal law, immigration law and international law, while addressing the core theme of post-racialism and other posts. The purpose of this Essay is three-fold. First, it challenges the notion that we... 2012
Nez̆a Kogovs̆ek S̆alamon, Barry Frett, Elizabeth Stark Ketchum Global CrImmigration Trends 81 IUS Gentium Gentium 3 (2020) Abstract Crimmigration, generally defined, is the increased entanglement of criminal and immigration procedures. Scholars have been observing this trend in the United States, Australia, and various European countries, as well as on other continents. Historically, states handled immigration infractions through civil or administrative systems... 2020
Berta Esperanza Hernández-Truyol , Kimberly A. Johns Global Rights, Local Wrongs, and Legal Fixes: an International Human Rights Critique of Immigration and Welfare "Reform" 71 Southern California Law Review 547 (March, 1998) I. INTRODUCTION. 549 II. IMMIGRATION IN THE UNITED STATES. 552 III. HUMAN RIGHTS LAW. 563 IV. INTERNATIONAL HUMAN RIGHTS VIOLATIONS. 568 A. Nondiscrimination Protections Under International Human Rights Norms. 570 1. Classifications Based on Race, Ethnicity, or National Origin. 570 2. Classifications Based on Sex. 572 3. The Status of Children in... 1998
Evelyn H. Cruz , Robert J. McWhirter G-men Run Amuck 45-AUG Arizona Attorney 34 (July/August, 2009) Don't shoot, G-Men; don't shoot, G-Men! So cried gangster Machine Gun Kelly with hands up when the Feds arrested him in 1933--at least that's the version from The FBI Story with Jimmy Stewart. After that, every kid in America wanted to be a G-Man! Now, theoretically, every cop in America can enforce immigration law and be a G-Man... 2009
Mary Romero Go after the Women: Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women and Their Children 83 Indiana Law Journal 1355 (Fall, 2008) Protect Our Children, Secure Our Borders! is the rallying cry adopted by Mothers Against Illegal Aliens (MAIA), an Arizona-based women's anti-immigration group founded by Michelle Dallacroce in January 2006. Like other race-based nativist groups emerging in the United States, MAIA targets immigrants as the reason for overcrowded and low-achieving... 2008
Chelsea M. Baltes God and the Illegal Alien, United States Immigration Law and a Theology of Politics by Robert W. Heimburger 32 Georgetown Immigration Law Journal 237 (Winter, 2018) Robert W. Heimburger is Associate Chaplain with the Oxford Pastorate, Associate Researcher at the Fundación Universitaria Seminario Bíblico de Colombia, and Editor of IFES Word & World. Heimburger begins his book connecting to the reader on an emotional level with first-hand accounts of individual's unsuccessful attempts to illegally enter the... 2018
Stella Burch Elias Good Reason to Believe: Widespread Constitutional Violations in the Course of Immigration Enforcement and the Case for Revisiting Lopez-mendoza 2008 Wisconsin Law Review 1109 (2008) In 1984, the United States Supreme Court held in INS v. Lopez-Mendoza that the exclusionary rule does not ordinarily apply to respondents in immigration proceedings. However, the Court suggested that its opinion about the applicability of the exclusionary rule might change if constitutional violations by immigration officers became a widespread... 2008
Allen Thomas O'Rourke Good Samaritans, Beware: the Sensenbrenner-king Bill and Assistance to Undocumented Migrants 9 Harvard Latino Law Review 195 (Spring, 2006) The United States has always been an immigrant nation. From talented students and professionals to your tired, your poor, your huddled masses yearning to breathe free, migrants have, since the nation's birth, come from around the world seeking liberty and better fortunes. The nation has become very diverse by consequence, and in recent years, the... 2006
Michael A. Olivas Governing Badly: Theory and Practice of Bad Ideas in College Decision Making 87 Indiana Law Journal 951 (Summer, 2012) I. Legacy or Alumni Preference Admissions. 955 II. Linking State College Appropriations to Test Scores. 959 III. Program Discontinuance. 965 IV. Playing Immigration Cop. 973 Conclusion. 974 2012
Anil Kalhan, School of Law, Drexel University Governing Immigration Through Crime: a Reader. By Julie A. Dowling and Jonathan Xavier Inda. Stanford University Press, 2013. 320 Pp. $29.95 Paperback 49 Law and Society Review 292 (March, 2015) In Governing Immigration Through Crime, Julie A. Dowling and Jonathan Xavier Inda present an important collection of essays examining different ways in which the lines between immigration control and criminal law enforcement in the United States have blurred over the past two decades. As they explain in their introduction, the volume considers how... 2015
Ira S. Rubinstein , Bilyana Petkova Governing Privacy in the Datafied City 47 Fordham Urban Law Journal 755 (June, 2020) Privacy--understood in terms of freedom from identification, surveillance, and profiling--is a precondition of the diversity and tolerance that define the urban experience. But with smart technologies eroding the anonymity of city sidewalks and streets, and turning them into surveilled spaces, are cities the first to get caught in the line of... 2020
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
Leila Kawar Grappling with Global Migration: Judicial Predispositions, Regulatory Regimes, and International Law Systems 51 Tulsa Law Review 435 (Winter 2016) BANKS MILLER, LINDA CAMP KEITH, & JENNIFER S. HOLMES, IMMIGRATION JUDGES AND U.S. ASYLUM POLICY (UNIVERSITY OF PENNSYLVANIA PRESS 2015). PP. 248.HARDCOVER $ 69.95.. REBECCA HAMLIN, LET ME BE AREFUGEE: ADMINISTRATIVE JUSTICE AND THE POLITICS OF ASYLUM IN THE UNITED STATES, CANADA, AND AUSTRALIA (OXFORD UNIVERSITY PRESS 2014). PP. 248. PAPERBACK $... 2016
Cristina M. Rodriguez Guest Workers and Integration: Toward a Theory of What Immigrants and Americans Owe One Another 2007 University of Chicago Legal Forum 219 (2007) The presence of over eleven million unauthorized immigrants in the United States has generated a wide-ranging and charged debate in recent years over the need to overhaul our immigration laws. Among the suggested reforms, the most novel (for the United States) and controversial has been the proposal that we adopt a large-scale temporary worker... 2007
Barry R. Chiswick Guidelines for the Reform of Immigration Policy 36 University of Miami Law Review 893 (September, 1982) In proposing optimal immigration criteria for the United States, the author focuses on the economic consequences of immigration, including the labor-market productivity of immigrants and their impact on the native population. Current immigration policy, according to the author, emphasizes kinship with a United States citizen or resident alien as... 1982
Jonathan Kwortek Guilty Beyond a Reasonable Vote: Challenging Felony Disenfranchisement under Section 2 of the Voting Rights Act 93 Southern California Law Review 849 (May, 2020) History is not the past. It is the present. We carry our history with us. We are our history. If we pretend otherwise, we are literally criminals. James Baldwin C1-2TABLE OF CONTENTS INTRODUCTION. 850 I. BACKGROUND. 853 A. Felon Disenfranchisement: Historical Origins And Adoption in the United States. 853 1. Origins of Felon Voting Restrictions.... 2020
Allie Karoline Sievers Gypsies, Tramps & Thieves: What Europe's Romanies Can Teach the United States about Crime-motivated Immigration Reform 1 Penn State Journal of Law & International Affairs 97 (April, 2012) This comment proposes that the United States could learn a great deal about the dangers of extreme immigration policy-making by looking to the European states and their dealings with the Romani, specifically the French expulsions of the Romani in 2010. Through this lens, this comment analyzes flaws in the U.S.' crime-motivated immigration... 2012
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
Kerry A. Krzynowek Haitian Centers Council, Inc. V. Sale: Rejecting the Indefinite Detention of Hiv-infected Aliens 11 Journal of Contemporary Health Law and Policy 541 (Spring, 1995) Since the first settlers arrived in this country, the United States has always been a melting pot of nationalities. The constant influx of aliens led the federal government to begin regulating who could enter the country, over a century ago. One resulting piece of legislation was the Immigration and Nationality Act (INA), which sets forth... 1995
Juan C. Montes Haitian Interdiction on the High Seas: a U.s. Policy of Bias and Inconsistency 5 Saint Thomas Law Review 557 (Spring, 1993) Give Me Your Tired, Your Poor, Your Huddled Masses Yearning to Breathe Free, The Wretched Refuse of Your Teeming Shore, Send These, The Homeless, Tempest-tost, to Me, I Lift My Lamp Beside the Golden Door! Inscription on the Statute of Liberty The luminous splendor of liberty and freedom that the Statue of Liberty symbolizes for many immigrants is... 1993
Irwin P. Stotzky Haitian Refugees and the Rule of Law 61 Guild Practitioner 151 (Summer, 2004) All of us in this country, except perhaps for Native Americans, are either immigrants or the children of immigrants. Our roots, our origins, of course, suggest both subtle and stark cultural differences in the ways we live, view the world, behave. As a nation, a community, we publicly celebrate these differences. Moreover, the fact that the United... 2004
Gregory A. Loken , Lisa R. Babino Harboring, Sanctuary and the Crime of Charity under Federal Immigration Law 28 Harvard Civil Rights-Civil Liberties Law Review 119 (Winter, 1993) Maria, a graying, recently widowed woman of fifty-seven, knelt to say the rosary. No doubt she needed the spiritual strength it provided, for her house was full of destitute foreigners sent to her by her parish priest. Beside her was a man named Jesús, who joined in her prayer. According to the ancient forms, they would introduce each decade of... 1993
James C. Hathaway Harmonizing for Whom? The Devaluation of Refugee Protection in the Era of European Economic Integration 26 Cornell International Law Journal 719 (Symposium, 1993) The pursuit of enhanced economic integration within Europe poses a threat to both the substance and the processes of the international system of refugee protection. In substantive terms, European Community governments have seized upon the impending termination of immigration controls at intra-Community borders to demand enhanced security at the... 1993
Sarah Bienkowski Has France Taken Assimilation Too Far? Muslim Beliefs, French National Values, and the June 27, 2008 Conseil D'état Decision on Mme M. 11 Rutgers Journal of Law & Religion 437 (Spring, 2010) When people immigrate to a new country, they bring with them a variety of defining characteristics such as different languages, traditions, social norms, and religions that make up their respective identities. Some countries adopt a multiculturalist approach whereby the qualities that immigrants bring are embraced; however, other countries favoring... 2010
Shirin Sinnar HATE CRIMES, TERRORISM, AND THE FRAMING OF WHITE SUPREMACIST VIOLENCE 110 California Law Review 489 (April, 2022) Even before the assault on the Capitol on January 6, 2021, a rising chorus of policymakers and pundits had called for treating White supremacist violence as terrorism. After multiple mass shootings motivated by White supremacist ideology, commentators argued that the hate crime label failed to convey the political nature of the violence or... 2022
Erik Bleich, Sylvia Al-Mateen HATE SPEECH AND THE EUROPEAN COURT OF HUMAN RIGHTS: IDEAS AND JUDICIAL DECISION-MAKING 29 Michigan State International Law Review 179 (2021) The rise in racism, xenophobia, and other forms of stigmatization increasingly challenges European countries to draw an explicit line between legally protected free speech and prohibited hate speech. The European Court of Human Rights is the highest court responsible for defining this boundary for the forty-seven member states of the Council of... 2021
Terri Yuh-lin Chen Hate Violence as Border Patrol: an Asian American Theory of Hate Violence 7 Asian Law Journal 69 (December, 2000) Arsonists of the Order of Caucasians, a white supremacist group that blamed Chinese immigrants for all the economic sufferings of white workers, tried to burn down the Chinatown in Chico and murdered four Chinese men by tying them up, dousing them with kerosene, and setting them on fire. A mob of white miners massacred twenty-eight Chinese... 2000
Ian Long Have You Been an Un-american?: Personal Identification and Americanizing the Noncitizen Self-concept 81 Temple Law Review 571 (Summer 2008) I. Introduction: The Current Immigration Debate. 572 II. Undocumented Immigrants and Personal Identification. 575 A. The Need for Personal Identification. 575 B. Attempts to Obtain Personal Identification for Undocumented Immigrants Enjoy Only Marginal (and Perhaps Temporary) Success. 578 1. Driver's Licenses. 578 2. Local Identification: The Elm... 2008
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
Anna C. Tavis Healthcare for All: Ensuring States Comply with the Equal Protection Rights of Legal Immigrants 51 Boston College Law Review 1627 (November, 2010) Abstract: Noncitizens lawfully residing in the United States are considered a discrete and insular minority in equal protection jurisprudence. Foreclosed from meaningful political participation because of an inability to vote, this population is frequently the target of budget cuts in an economic downturn when legislators struggle to preserve... 2010
Monika Batra Kashyap Heartless Immigration Law: Rubbing Salt into the Wounds of Immigrant Survivors of Domestic Violence 95 Tulane Law Review 51 (November, 2020) In the United States, a recognition of the unique vulnerabilities of immigrant women survivors of domestic violence has led to the passage of a series of federal immigration provisions over the past thirty years that are designed to protect such survivors. These provisions are the battered spouse waiver, the VAWA self-petition, and the U-Visa.... 2020
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
Ndjuoh MehChu HELP ME TO FIND MY CHILDREN: A THIRTEENTH AMENDMENT CHALLENGE TO FAMILY SEPARATION 17 Stanford Journal of Civil Rights & Civil Liberties 133 (February, 2021) The Trump Administration's forced separation of migrant families at the U.S.-Mexico border is an international fault line in the global human rights framework. The scope, severity, and urgency of the issue speak clearly to the need for a diversity of strategies to protect migrant groups. With that in mind, this Article draws attention to a thus-far... 2021
Andrea Barrientos HERE STOOD MY DREAMING TREE: A PROPOSAL TO REFORM NON-LPR CANCELLATION OF REMOVAL TO BRING UNDOCUMENTED IMMIGRANTS OUT OF THE SHADOWS 27 Cardozo Journal of Equal Rights & Social Justice 535 (Spring, 2021) C1-2Table of Contents I. Introduction. 536 II. Immigration legislation in the United States. 545 A. The Immigration Act of 1891, the Immigration Act of 1924 and the Alien Registration Act of 1940. 545 B. The Immigration and Nationality Act. 546 C. The Immigration Reform and Control Act. 548 1. Legalization Program. 549 2. Employer Sanctions. 550 D.... 2021
  Hernández V. Mesa and Police Liability for Youth Homicides Before and after the Death of Michael Brown 56 Criminal Law Bulletin ART 3 (2020) Delores Jones-Brown: Dr. Jones-Brown earned a J.D. and a Ph.D. in criminal justice from Rutgers University. She is retired from the Department of Law, Police Science, and Criminal Justice Administration at John Jay College of Criminal Justice, City University of New York (CUNY). She was the founding director of the John Jay College Center on Race,... 2020
Jennifer L. Gregorin Hidden Beneath the Waves of Immigration Debate: San Francisco's Sanctuary Ordinance 6 Liberty University Law Review 175 (Fall, 2011) The summer of 2010 represented a tumultuous time of debate and uncertainty in America's immigration law as the Nation's attention was captivated by the fate of Arizona's controversial immigration law. On July 28, 2010, after filing suit against the State of Arizona because the State's immigration law was allegedly unconstitutional and preempted by... 2011
Sara K. Rankin HIDING HOMELESSNESS: THE TRANSCARCERATION OF HOMELESSNESS 109 California Law Review 559 (April, 2021) Cities throughout the country respond to homelessness with laws that persecute people for surviving in public spaces, even when unsheltered people lack a reasonable alternative. This widespread practice--the criminalization of homelessness--processes vulnerable people through the criminal justice system with damaging results. But recently, from the... 2021
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
Jennifer C. Critchley , Lisa J. Trembly Historical Review, Current Status and Legal Considerations Regarding Sanctuary Cities 306-JUN New Jersey Lawyer, the Magazine 32 (June, 2017) Historically, sanctuary cities developed in response to the Central American Sanctuary Movement in the 1980s, when immigrants from Central America sought refuge in the United States but were denied asylum. During the movement, churches and religious organizations sought to hide, shelter and feed Central American immigrants who fled their region's... 2017
D. Brock Hornby History Lessons 23 Green Bag 289 (Summer, 2020) This year is Maine's 200th birthday as a state, after separating from Massachusetts in 1820. The bicentennial prompts me to recount two early civil rights episodes in Maine's history, highlighting the discrimination the protagonists faced, the difficulties they encountered, and the perseverance they had to demonstrate trying to vindicate their... 2020
Lynda L. Ford Hiv Afflicted Haitians: New Hope When Seeking Asylum 36 University of Miami Inter-American Law Review 293 (Winter-Spring 2005) There is new hope for HIV-positive Haitians who seek asylum in the United States. Historically, these asylum seekers have been limited in the arguments they could advance in order to avoid deportation. Recently, however, a team of lawyers used a new and innovative defense and prevailed in Miami-Dade County Immigration Court. This successfully... 2005
Linda Kelly Hill Holding the Due Process Line for Asylum 36 Hofstra Law Review 85 (Fall 2007) MONICA GOODLING: I interviewed candidates who were to be detailed into confidential policy-making positions and attorney general appointments, such as immigration judges and members of the Board of Immigration Appeal. . . . In every case I tried to act in good faith and for the purpose of ensuring that the department was staffed by well-qualified... 2007
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
Darin E.W. Johnson HOMEGROWN AND GLOBAL: THE RISING TERROR MOVEMENT 58 Houston Law Review 1059 (Spring, 2021) White supremacist terrorism is a rising threat that has been overlooked by national security authorities as a global threat, even though white supremacist terrorism now surpasses Al Qaeda- and ISIS-associated terrorism in the scope and impact of its destructiveness in the United States. White supremacist terrorism has been viewed exclusively as... 2021
Elizabeth McCormick , Patrick McCormick Hospitality: How a Biblical Virtue Could Transform United States Immigration Policy 83 University of Detroit Mercy Law Review 857 (Summer 2006) When millions of United States voters in the 2004 presidential election identified moral values as their central concern, the vast majority of these largely church-going Christians were no doubt referring to religious and biblical teachings on abortion and homosexuality. It is unlikely that more than a handful were referring to the oft repeated... 2006
Penelope Hansen, Tiffany E. Norris, Michelle Thompson, Kristen A. Turner, Ethan Williams House Bill 87 : Illegal Immigration Reform and Enforcement Act of 2011 5 John Marshall Law Journal 695 (Spring 2012) First Signature: Representative Matt Ramsey (72nd) Co-Sponsors: Representative Rich Golick (34th), Representative Katie Dempsey (13th), Representative Rick Austin (10th), Representative Stephen Allison (8th), Representative Edward Lindsey (54th), and Senator Bill Hamrick (30th) Summary: House Bill 87 provides new definitions and state positions... 2012
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