| Author | Title | Citation | Summary | Year |
| Cristina M. Rodríguez |
Immigration and the Civil Rights Agenda |
6 Stanford Journal of Civil Rights & Civil Liberties 125 (April, 2010) |
I. Introduction. 125 II. The Civil Rights Paradigm. 127 A. Civil Rights as Incorporation. 128 B. Incorporation as Out of Reach. 130 III. The Mutual Benefit and Rule of Law Alternatives. 132 A. Mutual Benefit and Pragmatism. 132 B. The Rule of Law and Proportionality. 135 IV. Conclusion. 145 |
2010 |
| Louis Henkin |
Immigration and the Constitution: a Clean Slate |
35 Virginia Journal of International Law 333 (Fall, 1994) |
For post-prandial remarks, at this conference, I have decided to address only a huge subject, to talk only about what you already know, and to invite you to join me in a perhaps-quixotic battle. The title of my remarks is Immigration and the Constitution: A Clean Slate. For many of you, this title will ring bells. Many of you will recall the... |
1994 |
| Kai Bartolomeo |
Immigration and the Constitutionality of Local Self Help: Escondido's Undocumented Immigrant Rental Ban |
17 Southern California Review of Law & Social Justice 855 (Summer 2008) |
And they had hoped to find a home, and they found only hatred. -John Steinbeck The City of Escondido sits about eighteen miles east of the California coast, just north of the heart of San Diego County. Once the home of ranches, farms and citrus groves, Escondido now has all the benefits of city living. In the words of City promoters, Escondido... |
2008 |
| George A. Martínez |
Immigration and the Meaning of United States Citizenship: Whiteness and Assimilation |
46 Washburn Law Journal 335 (Winter 2007) |
At the outset of the twenty-first century, United States immigration policy has become one of the most pressing issues of our time. In recent years, we have witnessed, among other things, calls for dramatically restricting immigration in light of an alleged threat to American national identity, increased border enforcement associated with thousands... |
2007 |
| Leila Higgins |
Immigration and the Vulnerable Worker: We Built this Country on Cheap Labor |
3 American University Labor & Employment Law Forum 522 (2013) |
In early 2012, the Department of Labor took an unexpected step in support of immigrant workers, changing the way H-2B visas are issued to make it harder both to hire and to exploit immigrant workers. The changes in regulation were the result of years of hard work by advocates for both Union workers, and immigrants. However, by the end of the summer... |
2013 |
| Howard F. Chang |
Immigration and the Workplace: Immigration Restrictions as Employment Discrimination |
78 Chicago-Kent Law Review 291 (2003) |
I. The Liberal Ideal and the Cosmopolitan Perspective. 295 A. Immigration Restrictions and Global Economic Welfare. 296 B. Justice and the Alien. 298 II. Immigration Restrictions and National Economic Welfare. 303 A. Effects of Immigration in the Labor Market. 304 1. Effects on Native Workers: Empirical Evidence. 305 2. Income Distribution and the... |
2003 |
| Michael T. Light , Isabel Anadon |
Immigration and Violent Crime: Triangulating Findings Across Diverse Studies |
103 Marquette Law Review 939 (Spring, 2020) |
The dramatic increase in both lawful and unauthorized immigration in recent decades produced a groundswell of research on two questions: (1) Does immigration increase violent crime? and (2) What policy responses are most effective at addressing unauthorized immigration (e.g., sanctuary policies, deportations, etc.)? For the most part, these bodies... |
2020 |
| Hiroshi Motomura |
Immigration and We the People after September 11 |
66 Albany Law Review 413 (2003) |
Immigration and citizenship issues are part of a larger discussion about how America should respond to the terrorist attacks of September 11, 2001. At the same time, how America should respond to terrorism is part of a larger discussion of immigration and citizenship issues. Both of these discussions are part of an ongoing conversation about... |
2003 |
| Jill Keblawi |
Immigration Arrests by Local Police: Inherent Authority or Inherently Preempted? |
53 Catholic University Law Review 817 (Spring, 2004) |
As a result of the terrorist attacks on September 11, 2001, President George W. Bush's Administration has used immigration policy as its primary weapon in terrorist prevention. Because there are only two thousand federal immigration agents and an estimated eight million undocumented immigrants, this Administration has encouraged the nation's... |
2004 |
| Jennifer Gordon |
Immigration as Commerce: a New Look at the Federal Immigration Power and the Constitution |
93 Indiana Law Journal 653 (Summer, 2018) |
Introduction. 654 I. The Evolution and Impact of the Plenary Power Doctrine. 659 II. The Commerce Clause as a Source of the Immigration Power. 671 A. The Lost Source: The Foreign Commerce Clause. 671 B. A New Source: The Interstate Commerce Clause. 681 The Modern Jurisprudence of the Interstate Commerce Clause. 681 III. The Argument for Rooting the... |
2018 |
| Matthew J. Lindsay |
Immigration as Invasion: Sovereignty, Security, and the Origins of the Federal Immigration Power |
45 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (Winter 2010) |
This Article offers a new interpretation of the modern federal immigration power. At the end of the nineteenth century, the Supreme Court and Congress fundamentally transformed the federal government's authority to regulate immigration, from a species of commercial regulation firmly grounded in Congress's commerce authority, into a power that was... |
2010 |
| Rick Su |
Immigration as Urban Policy |
38 Fordham Urban Law Journal 363 (November, 2010) |
Immigration has done more to shape the physical and social landscape of many of America's largest cities than almost any other economic or cultural force. Indeed, immigration is so central to urban development in the United States that it is a wonder why immigration is not explicitly discussed as an aspect of urban policy. Yet in the national... |
2010 |
| Peter H. Schuck |
Immigration at the Turn of the New Century |
33 Case Western Reserve Journal of International Law L. 1 (Winter, 2001) |
Migration is perhaps the most insistent world phenomenon of our age. The propensity to migrate in search of a better life has always been among the most powerful of human drives, and perhaps never more than today. Migration theorists attempting to explain population movements often distinguish between so-called push and pull factors. Before the... |
2001 |
| David S. Rubenstein |
Immigration Blame |
87 Fordham Law Review 125 (October, 2018) |
This Article provides the first comprehensive study of blame in the U.S. immigration system. Beyond blaming migrants, we blame politicians, bureaucrats, and judges. Meanwhile, these players routinely blame each other, all while trying to avoid being blamed. As modeled here, these dynamics of immigration blame have catalyzing effects on the... |
2018 |
| Manuel D. Vargas |
Immigration Consequences of Guilty Pleas or Convictions |
30 New York University Review of Law and Social Change 701 (2006) |
The immigration consequences of a guilty plea or conviction in a New York court have increased dramatically in recent years. This is because in recent years the U.S. Congress has several times amended the federal immigration laws--in particular in 1996 when it enacted the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal... |
2006 |
| Kate Evans |
Immigration Detainers, Local Discretion, and State Law's Historical Constraints |
84 Brooklyn Law Review 1085 (Summer, 2019) |
The Trump administration assumed office armed with promises to eradicate unlawful immigration through an all-out assault. There would be no exceptions; everyone was a priority. The administration equated migrants with criminals in statement after statement. President Obama's [f]elons not families became a rallying cry for the Trump administration... |
2019 |
| Pedro Gerson |
IMMIGRATION DETENTION AS AN OBSTACLE TO DECARCERATION |
58 San Diego Law Review 535 (August-September, 2021) |
C1-2Table of Contents 535 I. Introduction. 536 II. Incarceration in the United States. 543 A. The Push Against Criminal Incarceration. 543 B. The Rise of Immigration Detention in the United States. 553 III. Can the Immigrant Replace the Inmate?. 556 A. The Role of Crimmigration. 557 B. The Possibility of Increasing Immigration Detention.... |
2021 |
| César Cuauhtémoc García Hernández |
Immigration Detention as Punishment |
61 UCLA Law Review 1346 (June, 2014) |
Courts and commentators have long assumed, without significant analysis, that immigration detention is a form of civil confinement merely because the immigration proceedings of which it is part are deemed civil. This Article challenges that deeply held assumption. It harnesses the U.S. Supreme Court's instruction that detention's civil or penal... |
2014 |
| Elizabeth Hannah |
IMMIGRATION DETENTION IS NEVER "PRESUMPTIVELY REASONABLE": STRENGTHENING PROTECTIONS FOR IMMIGRANTS WITH FINAL REMOVAL ORDERS |
65 Arizona Law Review 505 (Summer, 2023) |
Immigration detention is a central feature of the United States' immigration system. Noncitizens facing removal are detained in staggering numbers throughout the removal process, from the initiation of legal proceedings to the issuance of a final removal order. Moreover, as the U.S. government's reliance upon immigration detention has grown, the... |
2023 |
| Jennifer J. Lee |
IMMIGRATION DISOBEDIENCE |
111 California Law Review 71 (February, 2023) |
The immigration system operates through the looming threat of the arrest, detention, and removal of immigrants from the United States. Indiscriminate immigrant arrests result in family separation. Immigrants languish in carceral facilities for months or even years. For most undocumented immigrants, there is no available pathway to citizenship. To... |
2023 |
| Daniel Kanstroom |
Immigration Enforcement and State Post-conviction Adjudications: Towards Nuanced Preemption and True Dialogical Federalism |
70 University of Miami Law Review 489 (Winter, 2016) |
The relationship between federal immigration enforcement and state criminal, post-conviction law exemplifies certain inevitable complexities of preemption and federalism. Because neither perfect uniformity nor complete preemption is possible, we must consider two questions: First, whether (and, if so, how) state courts adjudicating rights should... |
2016 |
| Sameer M. Ashar |
Immigration Enforcement and Subordination: the Consequences of Racial Profiling after September 11 |
34 Connecticut Law Review 1185 (Summer, 2002) |
I appreciate the opportunity offered by this Symposium to reflect on the questions raised by immigration enforcement activities undertaken since the September 11 attacks. Like many others in New York and elsewhere, the shock of the collapse of the World Trade Center towers caused me to lose sensation in some part of myself. The spate of hate crime... |
2002 |
| Karla Mari McKanders |
Immigration Enforcement and the Fugitive Slave Acts: Exploring Their Similarities |
61 Catholic University Law Review 921 (Fall, 2012) |
I. Comparing the Fugitive Slave Acts and Prjgg v. Pennsylvania's Contribution to Immigration Law and Policy. 925 A. 1789 Fugitive Slave Clause and the 1793 Fugitive Slave Act. 925 B. State Personal Liberty Laws. 927 C. Prigg v. Pennsylvania and the 1850 Fugitive Slave Act. 929 D. The Impact of the Fourteenth Amendment's Reconstruction Clause on the... |
2012 |
| Marie A. Taylor |
Immigration Enforcement Post-september 11: Safeguarding the Civil Rights of Middle Eastern-american and Immigrant Communities |
17 Georgetown Immigration Law Journal 63 (Fall, 2002) |
The terrorist attacks of September 11, 2001 caused untold suffering and resulted in the loss of thousands of lives. They will almost certainly be remembered as one of the worst tragedies experienced by the United States. In the wake of the attacks fear and outrage gripped the nation. With much popular support, the Bush administration and a... |
2002 |
| Pratheepan Gulasekaram |
IMMIGRATION ENFORCEMENT PREEMPTION |
84 Ohio State Law Journal 535 (2023) |
The Supreme Court's 2012 decision, Arizona v. United States, turned back the most robust and brazen state regulation of immigration in recent memory, striking down several provisions of Arizona's omnibus enforcement law. Notably, the Court did not limit preemption inquiries to conflicts between the state law and congressional statutes. The Court... |
2023 |
| David S. Rubenstein, Pratheepan Gulasekaram |
Immigration Exceptionalism |
111 Northwestern University Law Review 583 (2017) |
Abstract--The Supreme Court's jurisprudence is littered with special immigration doctrines that depart from mainstream constitutional norms. This Article reconciles these doctrines of immigration exceptionalism across constitutional dimensions. Historically, courts and commentators have considered whether immigration warrants exceptional... |
2017 |
| Virgil Wiebe |
Immigration Federalism in Minnesota: What Does Sanctuary Mean in Practice? |
13 University of Saint Thomas Law Journal 581 (Fall, 2017) |
Introduction. 582 I. What is Sanctuary?. 583 II. The Home as Sanctuary--The Limits to One's Castle. 585 III. Houses of Worship--The Quintessential Sanctuaries. 588 A. The Sanctuary Movement of the 1980s in Minnesota. 589 B. The New Sanctuary Movement in Minnesota. 591 C. Legal Issues Facing Sanctuary Congregations. 593 IV. Schools, Colleges, and... |
2017 |
| Pratheepan Gulasekaram , S. Karthick Ramakrishnan |
Immigration Federalism: a Reappraisal |
88 New York University Law Review 2074 (December, 2013) |
This Article identifies how the current spate of state and local regulation is changing the way elected officials, scholars, courts, and the public think about the constitutional dimensions of immigration law and governmental responsibility for immigration enforcement. Reinvigorating the theoretical possibilities left open by the Supreme Court in... |
2013 |
| Michael Maggio, Larry S. Rifkin, Sheila T. Starkey |
Immigration Fundamentals for International Lawyers |
13 American University International Law Review 857 (1998) |
HISTORY, POLICY, AND FUNDAMENTALS OF U.S. IMMIGRATION LAW. 858 Presentation by Michael Maggio I. Introduction. 858 II. Policy Themes of United States Immigration Law. 861 III. Basic History of United States Immigration Law. 862 IV. Deportation for Criminal Offenses. 866 V. Non-Immigrant Visas. 868 VI. Green Cards. 876 TEMPORARY WORK VISAS. 880... |
1998 |
| Robin Jacobson |
Immigration in Between |
52 Tulsa Law Review 529 (Spring, 2017) |
Hiroshi Motomura, Immigration Outside the Law (Oxford University Press 2014) Pp. 360. Hardcover $31.95. Natalia Molina, How Race is Made in America: Immigration, Citizenship, and the Historical Power of Racial Scripts (University of California Press 2014) Pp. 232. Hardcover $65.00. Paperback $27.95. Systems of immigration are not simply national... |
2017 |
| Engy Abdelkader |
Immigration in the Era of Trump: Jarring Social, Political, and Legal Realities |
44 Harbinger 76 (4/24/2020) |
In 2020, immigration is proving to be an election year issue. The Trump reelection campaign is strategically leveraging it as a political narrative to win votes while further polarizing an already fractured nation along ideological and partisan lines. Indeed, a review of related public opinion surveys may prove illuminating on this score. According... |
2020 |
| Kevin R. Johnson |
Immigration in the Supreme Court, 2009-13: a New Era of Immigration Law Unexceptionalism |
68 Oklahoma Law Review 57 (Fall, 2015) |
Introduction. 58 I. The 2009 Term. 66 A. Padilla v. Kentucky: Ineffective Assistance of Counsel Based on Immigration Advice. 66 B. Carachuri-Rosendo v. Holder: Removal for Misdemeanor Drug Possession. 71 C. Kucana v. Holder: Judicial Review of Motions to Reopen. 75 II. The 2010 Term. 77 A. Chamber of Commerce v. Whiting: Federal Preemption of a... |
2015 |
| Bianca N. DiBella , Michael C. Duffey |
IMMIGRATION LAW |
74 Mercer Law Review 1465 (Summer, 2023) |
This Article surveys cases from the United States Court of Appeals for the Eleventh Circuit from January 1, 2022 through December 31, 2022, in which immigration law was a central focus of the case. The Article begins with a discussion of cases addressing procedural and jurisdictional issues and the interpretation of decisions by lower and state... |
2023 |
| Hiroshi Motomura |
Immigration Law after a Century of Plenary Power: Phantom Constitutional Norms and Statutory Interpretation |
100 Yale Law Journal 545 (December, 1990) |
I. Plenary Power as Constitutional Law A. Classical Immigration Law B. Plenary Power in the Early Modern Era II. Phantom Norms, Statutory Interpretation, and Constitutional Change A. Constitutional Norms and Statutory Interpretation B. The Emergence of Phantom Norm Decisionmaking in Immigration Law C. Constitutional Change: From Phantom Norms to... |
1990 |
| Maria Jockel , Principal, Russell Kennedy Pty Ltd. |
Immigration Law and Enforcement in Australia |
2009 Aspatore 4861184 (December, 2009) |
Immigration law in Australia continues to be a fundamental part of nation building. As a relatively young nation, Australia has continued to rely on its immigration laws and policies to meet the policies and priorities of the government of the day. The Australian Constitution at Section 51(xix) gives the Commonwealth Parliament of Australia the... |
2009 |
| Sandra Guerra Thompson |
Immigration Law and Long-term Residents: a Missing Chapter in American Criminal Law |
5 Ohio State Journal of Criminal Law 645 (Spring, 2008) |
I am a criminal law professor. I know about penal codes, police practices, sentencing, and the use of incarceration to punish criminals. Like most criminal law professors, I know precious little about American immigration law. I have always considered it to be a different part of the law school curriculum, and one that had little, if anything, to... |
2008 |
| Geoffrey Heeren |
IMMIGRATION LAW AND SLAVERY: RETHINKING THE MIGRATION OR IMPORTATION CLAUSE |
2023 Wisconsin Law Review 1125 (2023) |
The origins of immigration law are deeply connected to slavery. An examination of that connection calls the constitutional foundation for immigration law into question, alters the calculus for judicial review of federal immigration action, reframes our understanding of federalism, and lays bare the nation's exploitative dependence on immigrant... |
2023 |
| John A. Scanlan |
Immigration Law and the Illusion of Numerical Control |
36 University of Miami Law Review 819 (September, 1982) |
When I began work on this article, at home, I had hoped to quote a legal realist, but instead managed to find only a few lines out of Yeats: Civilisation is hooped together, brought Under a rule, under the semblance of peace By manifold illusion. This proves, I guess, that it is dangerous to try to research a difficult legal question in the privacy... |
1982 |
| Nancy Morawetz , Natasha Fernández-Silber |
Immigration Law and the Myth of Comprehensive Registration |
48 U.C. Davis Law Review 141 (November, 2014) |
This Article identifies an insidious misconception in immigration law and policy: the myth of comprehensive registration. According to this myth -- proponents of which include members of the Supreme Court, federal and state officials, and commentators on both sides of the immigration federalism debate--there exists a comprehensive federal alien... |
2014 |
| Stephen Shie-Wei Fan |
Immigration Law and the Promise of Critical Race Theory: Opening the Academy to the Voices of Aliens and Immigrants |
97 Columbia Law Review 1202 (May, 1997) |
As a movement, critical race theory endeavors to account for the voices of people of color by exploring the systemic and pervasive nature of racism in society, and by scrutinizing the ways in which current rights jurisprudence fails to attend fully to the ubiquity of racialized attitudes both in society at large and within the legal system itself.... |
1997 |
| Michael J. Wishnie |
Immigration Law and the Proportionality Requirement |
2 UC Irvine Law Review 415 (February, 2012) |
I. Proportionality Review Outside Immigration Law. 418 II. Proportionality Review in Immigration Law. 424 A. Removal as a Punitive Sanction. 425 1. Removal of Permanent Residents. 427 2. Removal of Non-LPRs. 428 B. Re-entry Bars as a Punitive Sanction. 431 C. Case-by-Case Proportionality Review in Immigration Cases. 435 D. Categorical... |
2012 |
| Kerry Abrams |
Immigration Law and the Regulation of Marriage |
91 Minnesota Law Review 1625 (June, 2007) |
Introduction. 1626 I. Marriage and Immigration Law. 1633 A. Marriage as a Central Organizing Principle. 1634 B. Congress's Plenary Power to Regulate Immigration. 1638 II. Regulating Courtship. 1647 A. Family Law and Courtship. 1647 B. Immigration Law and Courtship. 1650 1. Fiancé Visas. 1650 2. The International Marriage Broker Regulation Act. 1653... |
2007 |
| Wendy E. Parmet |
Immigration Law as a Social Determinant of Health |
92 Temple Law Review 931 (Summer, 2020) |
Public health research demonstrates that population health is shaped in large measure by numerous social factors, widely known as the social determinants of health. This Essay argues that immigration law acts as a social determinant that affects the health of both noncitizens and citizens. Looking at several of the Trump administration's regulatory... |
2020 |
| Cecilia Menjívar |
Immigration Law Beyond Borders: Externalizing and Internalizing Border Controls in an Era of Securitization |
10 Annual Review of Law and Social Science 353 (2014) |
borders, enforcement, immigration This review focuses on the enactment of borders beyond the physical demarcation of the nation, to encompass the entire migratory process, with particular attention to practices in the United States and the European Union. It addresses the twin processes of the externalization (outsourcing) and internalization... |
2014 |
| Leigh Ainsworth |
Immigration Law Isn't So "Civil" Anymore: the Criminal Nature of the Immigration System |
53 American Criminal Law Review Online 30 (2016) |
Immigration law finds its roots early in the creation of the United States. The Constitution gives Congress the power to enact laws governing the naturalization of non-citizens, underscoring the importance of both immigration and citizenship to this country. The subsequent Naturalization Act of 1790 laid down the first requirements for obtaining... |
2016 |
| Kevin R. Johnson |
IMMIGRATION LAW LESSONS FROM DEPORTED AMERICANS: LIFE AFTER DEPORTATION TO MEXICO |
50 Southwestern Law Review 305 (2021) |
The last few years saw deeply troubling developments in U.S. immigration law and enforcement. The Obama administration annually removed hundreds of thousands of noncitizens from the United States, which earned the President the unflattering nickname of Deporter in Chief. After making immigration enforcement the cornerstone of his 2016... |
2021 |
| Jan Ting |
Immigration Law Reform after 9/11: What Has Been and What Still Needs to Be Done |
17 Temple International and Comparative Law Journal 503 (Fall 2003) |
So here we are, eighteen months after the terrorist attacks of September 11, 2001 (9/11), and the most significant event of the past eighteen months is what did not happen. The United States has not experienced another terrorist attack on the scale of 9/11. Would any of us have dared to so predict eighteen months ago? Why have we experienced no... |
2003 |
| María Pabón López , Roxana A. Davis |
Immigration Law Spanish-style Ii: Spain's Voluntary Immigrant Return Plan and the New Push for Circular Migration |
25 Temple International and Comparative Law Journal 79 (Spring 2011) |
I. Introduction. 80 II. Overview of Spain's Immigration Law and its Latest Reform. 82 III. Spain's Economic Crisis and its Impact on Immigrants. 85 A. The Spanish Economy and the Global Crisis. 85 B. The Impact of the Crisis on Immigrants. 86 1. Unemployment. 86 2. Poverty. 87 3. Increased Reliance on the Informal Economy. 88 4. Greater... |
2011 |
| Michael A. Olivas |
Immigration Law Teaching and Scholarship in the Ivory Tower: a Response to Race Matters |
2000 University of Illinois Law Review 613 (2000) |
Why does one write? Why does one respond to another's writing? What sources does one consult and cite as influences? In Race Matters: Immigration Law and Policy Scholarship, Law in the Ivory Tower, and the Legal Indifference of the Race Critique, Professor Kevin Johnson offers an interesting and provocative response to these and other key questions... |
2000 |
| Kitty Calavita |
Immigration Law, Race, and Identity |
3 Annual Review of Law and Social Science Sci. 1 (2007) |
ethnicity, naturalization, exclusion, Hurricane Katrina This review examines the scholarship at the intersection of immigration law, race, and identity. Historically, much of the literature has focused on the ways immigration law has constructed, and been constructed by, racial categories. I argue that African American racialization has been a... |
2007 |