| Author | Title | Citation | Summary | Year |
| Shalini Bhargava Ray |
IMMIGRATION LAW'S ARBITRARINESS PROBLEM |
121 Columbia Law Review 2049 (November, 2021) |
Despite deportation's devastating effects, the Immigration and Nationality Act (INA) specifies deportation as the penalty for nearly every immigration law violation. Critics have regularly decried the INA's lack of proportionality, contending that the penalty often does not fit the offense. The immigration bureaucracy's implementation of the INA,... |
2021 |
| Richard Klein |
Immigration Laws as Instruments of Discrimination: Legislation Designed to Limit Chinese Immigration into the United Kingdom |
7 Touro International Law Review Rev. 1 (Spring 1997) |
C1-2CONTENTS INTRODUCTION. 2 I. A COMPARATIVE PERSPECTIVE. 5 A. France: Legislation Relating to Immigration from the Former French Colonies. 6 B. Germany: Immigration, Citizenship and Naturalization of the Non-European Immigrant. 15 II. THE INTRODUCTION OF LEGISLATION TO RESTRICT IMMIGRATION TO GREAT BRITAIN. 17 A. The Treatment of the Chinese. 17... |
1997 |
| Peter Margulies |
IMMIGRATION LAW'S BOUNDARY PROBLEM: DETERMINING THE SCOPE OF EXECUTIVE DISCRETION |
74 Hastings Law Journal 679 (February, 2023) |
In immigration law, executive discretion has become contested terrain. Courts, officials, and scholars have rarely distinguished between regulatory discretion, which facilitates exclusion and removal of noncitizens, and protective discretion, which safeguards noncitizens' reliance interests. Moreover, courts have long discerned an internal-external... |
2023 |
| Carrie Rosenbaum |
Immigration Law's Due Process Deficit and the Persistence of Plenary Power |
28 Berkeley La Raza Law Journal 118 (2018) |
INTRODUCTION. 119 I. Detention of Asylum Seekers. 120 II. Substantive Due Process Rights of Noncitizens. 125 A. Zadvydas v. Davis and Clark v. Martinez. 126 1. Zadvydas v. Davis. 126 2. Clark v. Martinez. 128 B. Rodriguez-Fernandez v. Wilkinson. 129 C. Demore v. Kim. 130 D. Jennings v. Rodriguez. 132 III. R.I.L-R--Substantive Due Process Asylum... |
2018 |
| Michael Kagan |
Immigration Law's Looming Fourth Amendment Problem |
104 Georgetown Law Journal 125 (November, 2015) |
C1-2Table of Contents Introduction. 126 I. Canary in the Coal Mine: The Trouble with ICE Detainers. 130 II. Foundations of a Parallel Universe. 135 a. plenary power, not enumerated power. 135 b. the civil-criminal distinction. 137 c. the normalization of unrestrained immigration authority. 139 III. The Decline of the Parallel Universe. 142 a.... |
2015 |
| Fatma Marouf |
IMMIGRATION LAW'S MISSING PRESUMPTION |
111 Georgetown Law Journal 983 (May, 2023) |
The presumption of innocence is a foundational concept in criminal law but is completely missing from quasi-criminal immigration proceedings. This Article explores the relevance of a presumption of innocence to removal proceedings, arguing that immigration law has been designed and interpreted in ways that disrupt formulating any such presumption... |
2023 |
| Ruchir Patel |
Immigration Legislation Pursuant to Threats to Us National Security |
32 Denver Journal of International Law and Policy 83 (Winter 2003) |
This article will examine the United States' immigration legislation in the face of threats to national security. Throughout history foreign enemies have threatened the American way of life, from the Germans in World War I, to the spread of Communism, to the current threat of terrorism. As history has demonstrated, the U.S. has taken drastic... |
2003 |
| Hiroshi Motomura |
Immigration Outside the Law |
108 Columbia Law Review 2037 (December, 2008) |
In current debates about undocumented or illegal immigration, three themes have emerged as central: the meaning of unlawful presence, the role of states and cities, and the integration of immigrants. This Essay's starting premise is that a reappraisal of these themes is essential to a conceptual roadmap of this difficult area of law and policy.... |
2008 |
| Stephen Lee |
Immigration Outside the Law. By Hiroshi Motomura. New York, N.y.: Oxford University Press. 2014. Pp. 338. $29.95 |
128 Harvard Law Review 1405 (March, 2015) |
Immigration law has become unmerciful. Perhaps it has always been this way, but thanks to Professor Hiroshi Motomura, at least we know that it wasn't always only this way. Motomura's 2006 book, Americans in Waiting, explored a prior era in which arriving immigrants were welcomed so long as they declared their intention to naturalize and become... |
2015 |
| Nathan Harris |
Immigration Policies in America: Unfriendly and Destroying the Agriculture Industry? |
4 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 195 (2011-2012) |
On April 23, 2010, the Arizona State Legislature sent shockwaves through many American communities when it enacted SB 1070, a bill intended to aid in enforcing federal immigration laws within Arizona's borders. In 2008, two years prior to enacting SB 1070, the Arizona legislature adopted HB 2745, known as the Legal Arizona Workers Act. The Act... |
2012 |
| Bill Ong Hing |
Immigration Policies: Messages of Exclusion to African Americans |
37 Howard Law Journal 237 (Winter, 1994) |
To many African Americans, the Coast Guard's interdiction and forced reversal of boats carrying Haitian refugees is a racist act directed at people of African descent. Until recently, this perception of racism in the application of U.S. immigration policies was reinforced by the contrasting news of planeloads and boatloads of Cuban refugees being... |
1994 |
| Anil Kalhan |
Immigration Policing and Federalism Through the Lens of Technology, Surveillance, and Privacy |
74 Ohio State Law Journal 1105 (2013) |
I. Introduction. 1106 II. The Evolution of State and Local Immigration Policing. 1111 A. Unilateral State and Local Initiatives. 1111 B. Cooperative Federalism and Immigration Policing. 1115 C. The Emerging Immigration Federalism Equilibrium. 1120 III. The Emergence of Automated Immigration Policing. 1122 A. NCIC Immigration Violators File. 1122 B.... |
2013 |
| Matthew Lindauer, Brooklyn College, cuny, Australian National University, matthew.lindauer@anu.edu.au |
Immigration Policy and Identification Across Borders |
12 Journal of Ethics & Social Philosophy 280 (December, 2017) |
Immigration policies can express disrespect for members of society, nonmembers, or both. Proponents of the traditional state sovereignty view on immigration have generally held that only policies in the first and third categories could be moral wrongs--it is morally regrettable, perhaps, but not morally impermissible for a state to implement... |
2017 |
| Adela de la Torre, Ph.D., Julia Mendoza |
Immigration Policy and Immigration Flows: a Comparative Analysis of Immigration Law in the U.s. and Argentina |
3 Modern American 46 (Summer-Fall, 2007) |
Lawyers and policy experts within the Latino community need to foster cultural responsibility for immigration reform by participating in the policy dialogue. Although Latino lawyers do not represent the broad American population, they do represent American communities that have been discriminated against because of their cultural and racial... |
2007 |
| Lawrence H. Fuchs |
Immigration Policy and the Rule of Law |
44 University of Pittsburgh Law Review 433 (Winter, 1983) |
There are few issues which cut as deeply into the emotions of Americans as immigration. That is why comprehensive, fundamental reform of immigration policy occurs infrequently. Vast revisions of immigration policy must await the development of a wide consensus before Congress will agree to their enactment. Such reforms have occurred two to four... |
1983 |
| Juan F. Perea |
Immigration Policy as a Defense of White Nationhood |
12 Georgetown Journal of Law & Modern Critical Race Perspectives Persp. 1 (Spring, 2020) |
C1-3Table of Contents I. The Framers' Wish for a White America. 3 II. The Cycles of Mexican Expulsion. 5 III. Deportation and Mass Expulsion: Social Control to Keep America White. 11 |
2020 |
| Yehiel S. Kaplan |
Immigration Policy of Israel: the Unique Perspective of a Jewish State |
31 Touro Law Review 1089 (2015) |
Israel was established in an attempt to create a shelter for Jews in the Diaspora. The Law of Return was enacted several years after the end of the Second World War. The Israeli legislature assumed that since Jews have suffered harsh persecutions and anti-Semitism throughout history, as a minority group, it is legitimate to discriminate in favor of... |
2015 |
| Howard F. Chang |
Immigration Policy, Liberal Principles, and the Republican Tradition |
85 Georgetown Law Journal 2105 (July, 1997) |
In Democracy's Discontent, Michael Sandel advances two primary theses: one is descriptive, the other is normative. First, Sandel claims that as a descriptive matter, the United States is a procedural republic, in which [t]he political philosophy by which we live is a certain version of liberal political theory. Second, he urges as a normative... |
1997 |
| Bill Ong Hing |
Immigration Policy: Thinking Outside the (Big) Box |
39 Connecticut Law Review 1401 (May, 2007) |
Wal-Mart and other large U.S. companies have run afoul of employer sanctions laws against the hiring of undocumented workers. In order to understand why undocumented workers are so willing to take low-paying U.S. jobs, we need to understand why undocumented workers from Mexico are so readily available, the history of labor migration from Mexico,... |
2007 |
| John Linarelli |
Immigration Politics and Sovereignty: National Responses to "Bad" Aliens |
88 American Society of International Law Proceedings 439 (April 6-9, 1994) |
The panel was convened at 2:30 p.m., Friday, April 8, by its Chair, Karen Engle, who introduced the panelists: Linda Bosniak, Rutgers Law School, Camden; Jean Manas, European Law Research Center, Harvard Law School; Harold Hongju Koh, Yale Law School; and Stacy Brustin, Columbus School of Law, The Catholic University of America. In 1987, Professor... |
1994 |
| Lucas Guttentag |
Immigration Preemption and the Limits of State Power: Reflections on Arizona V. United States |
9 Stanford Journal of Civil Rights & Civil Liberties Liberties 1 (January, 2013) |
Introduction. 1 I. Background. 3 A. The Long Drought. 3 B. S.B. 1070 and the Courts. 7 C. Arizona v. United States. 10 1. Police Inquiries: Limiting Section 2B. 13 2. Federal Control: Foreign Policy and Executive Enforcement Discretion. 15 II. Implications: Restricting State Immigration Enforcement Power. 19 A. Rejecting Inherent Authority. 19 1.... |
2013 |
| Daniel I. Morales |
Immigration Reform and the Democratic Will |
16 University of Pennsylvania Journal of Law and Social Change 49 (2013) |
The character of the American immigration regime has remained remarkably stable over many decades. It changes, to be sure, sometimes granting migrants benefits and at other moments cracking down. However, the broad trend is unmistakable: immigration law and the way it is implemented is increasingly harsh and inhumane. This article argues that this... |
2013 |
| Bill Piatt , Ryan Professor of Law |
Immigration Reform from the Outside in |
10 Scholar: St. Mary's Law Review on Minority Issues 269 (Symposium 2008) |
I. Introduction. 270 II. Historical Extremes. 271 III. Contemporary Extreme Positions. 277 A. Closed Border Approach. 278 B. Open Border Plus Amnesty. 280 IV. Moving Inward. 282 A. Why do People Want to come to the United States?. 282 B. What Impact do New Arrivals Have on the Economy?. 282 C. What Would be the Costs and Benefits of Attempting to... |
2008 |
| Rachel Chernov |
IMMIGRATION REFORM IN REFUGEE AND ASYLUM POLICY: DISENTANGLING IMMIGRATION FROM THE NATIONAL SECURITY DISCOURSE |
44 Fordham International Law Journal 1029 (April, 2021) |
After September 11, 2001, a large-scale overhaul of existing US immigration infrastructure fused immigration with the country's national security apparatus. Enhanced national security efforts became characterized by increased immigration enforcement and were purportedly justified by government officials' rhetoric portraying newcomers as a threat to... |
2021 |
| Kevin R. Johnson , Bernard Trujillo |
Immigration Reform, National Security after September 11, and the Future of North American Integration |
91 Minnesota Law Review 1369 (May, 2007) |
Ostensibly to meet the challenge of terrorism after September 11, 2001, but also to soothe the nerves of a tense public, the legal terrain surrounding what can be done in the name of national security changed dramatically in the United States over the last five years. Government, and the public, quickly became ready and willing to trade off civil... |
2007 |
| Lucas Guttentag |
Immigration Reform: a Civil Rights Issue |
3 Stanford Journal of Civil Rights & Civil Liberties 157 (August, 2007) |
Introduction. 157 The Civil Rights Perspective. 158 Legalization and Judicial Review. 161 Conclusion. 163 |
2007 |
| Lamar Smith , Edward R. Grant |
Immigration Reform: Seeking the Right Reasons |
28 Saint Mary's Law Journal 883 (1997) |
I. Introduction. 883 II. Six Principles for Guiding Immigration Reform. 893 A. The Human Face of Immigration. 893 B. Setting Immigration Policy in the National Interest. 899 C. Ending the Bifurcated Treatment of Legal Immigration and Illegal Migration. 906 D. Enforcing the Law Against Illegal Immigration: A Fresh Start. 913 E. Removing the... |
1997 |
| Medha D. Makhlouf , Patrick J. Glen |
IMMIGRATION REFORMS AS HEALTH POLICY |
15 Saint Louis University Journal of Health Law & Policy 275 (2022) |
The 2020 election, uniting control of the political branches in the Democratic party, opened up a realistic possibility of immigration reform. Reform of the immigration system is long overdue, but in pursuing such reform, Congress should cast a broad net and recognize the health policies embedded in immigration laws. Some immigration laws undermine... |
2022 |
| Rebecca A. Hufstader |
Immigration Reliance on Gang Databases: Unchecked Discretion and Undesirable Consequences |
90 New York University Law Review 671 (May, 2015) |
The Obama Administration has historically expanded the availability of deferred action, which provides a reprieve from the threat of deportation and work authorization to certain undocumented immigrants, through the creation of the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent... |
2015 |
| G.M. Filisko |
Immigration Rx |
96-JUL ABA Journal 64 (July, 2010) |
THE QUEStion of how to revamp U.S. immigration policy hasn't quite moved to the top of the agenda on Capitol Hill, but when the talk about immigration reform does get serious, the ABA plans to be part of the conversation. Actually, the ABA already has taken steps to carve out policy positions on certain immigration issues, and the association is... |
2010 |
| Bill Ong Hing |
Immigration Sanctuary Policies: Constitutional and Representative of Good Policing and Good Public Policy |
2 UC Irvine Law Review 247 (February, 2012) |
I. Introduction. 247 II. Background. 252 III. Constitutionality. 260 A. City of New York v. United States. 263 B. Sturgeon v. Bratton. 267 C. The Tenth Amendment and Preemption. 272 1. Tenth Amendment. 272 2. Preemption of State and Local Laws. 280 a. Field Preemption. 282 b. Conflict Preemption. 286 c. Impeding Federal Objective. 288 3. Martinez... |
2012 |
| Veena Bansal |
Immigration Status in Jury Trials: State Legislature & State Supreme Court Involvement in Combatting Jury Bias |
56 American Criminal Law Review Online Online 1 (Winter, 2019) |
In 2018, immigration was a controversial issue. On July 18, 2018 Mollie Tibbetts, a 20-year old student, was abducted while jogging through the rural town of Brooklyn, Iowa. She disappeared without a trace and her story took the news by storm. Over a month later, police arrested alleged undocumented immigrant, Cristian Rivera, for Mollie's murder.... |
2019 |
| David S. Rubenstein |
Immigration Structuralism: a Return to Form |
8 Duke Journal of Constitutional Law & Public Policy 81 (2013) |
At the heart of the subfederal immigration revolution are two core questions. The first is what to do about our broken immigration system, especially regarding an estimated eleven million individuals unlawfully present. This question ignites impassioned debates on civil liberties, the rule of law, the economy, foreign relations, and who we... |
2013 |
| Anil Kalhan |
Immigration Surveillance |
74 Maryland Law Review Rev. 1 (2014) |
In recent years, immigration enforcement levels have soared, yielding a widely noted increase in the number of noncitizens removed from the United States. Less visible, however, has been an attendant sea change in the underlying nature of immigration governance itself, hastened by new surveillance and dataveillance technologies. Like many other... |
2014 |
| Nora V. Demleitner |
Immigration Threats and Rewards: Effective Law Enforcement Tools in the "War" on Terrorism? |
51 Emory Law Journal 1059 (Summer 2002) |
Since September 11, 2001, the United States has witnessed the mass arrests of Arab and Muslim immigrants. While none of these men have been charged with terrorism-related offenses, most of them have been held in immigration detention. Some have been deported because of immigration violations or prior criminal convictions which were not related to... |
2002 |
| Karla Mari McKanders |
Immigration to Blue Cities in Red States: the Battleground Between Sanctuary and Exclusion |
21 University of Pennsylvania Journal of Constitutional Law 1051 (March, 2019) |
An ongoing intrastate immigration regulation battle between cities, municipalities, and states with the Trump Administration intervening with litigation and executive orders has dominated the immigration federalism landscape. Some states, cities, and localities have passed sanctuary laws and policies seeking to protect immigrant communities by not... |
2019 |
| Shani M. King |
Immigration, Adoption and Our National Identity |
26 Duke Journal of Gender Law & Policy 85 (Spring, 2019) |
C1-2Table of Contents I. Introduction. 85 II. Intercountry Adoption: A Brief History. 86 A. Sending Countries. 87 B. Receiving Countries. 92 III. Legal Developments. 96 A. From Ad Hoc Response to Official Policy. 99 B. The Hague Convention and Its Implications for U.S. Policy. 100 IV. Conclusion. 106 |
2019 |
| Julian Lim |
Immigration, Asylum, and Citizenship: a More Holistic Approach |
101 California Law Review 1013 (August, 2013) |
Despite obvious overlaps between immigration law, refugee law, and citizenship, legal scholars have tended to disaggregate them, studying them in isolation. This Article brings refugee law in closer conversation with both immigration law and citizenship by presenting the previously unknown history of Pershing's Chinese refugees: 522 Chinese... |
2013 |
| Kevin R. Johnson |
Immigration, Civil Rights, and Coalitions for Social Justice |
1 Hastings Race and Poverty Law Journal 181 (Fall, 2003) |
In the face of persistent attacks in the popular press, as well as academia, the critical study of the impact of race on the social fabric of the United States continues. Immigration law historically has been considered a specialty area of practitioners spurned by academics. However, the treatment of aliens, particularly noncitizens of color,... |
2003 |
| Bettina Rodriguez Schlegel |
Immigration, Crime, and Public Perception: Victimization Legislation in the United States and Canada -- Can the U Visa Serve as a Model? |
34 Hastings International and Comparative Law Review 203 (Winter 2011) |
The North American giants, Canada and the United States, are recognized as major immigrant-receiving nations; both have been historically reliant on the influxes of immigrant groups over time to provide sources of labor and population boosts to the rapidly developing nations. Both states have crafted immigration policies in line with their economic... |
2011 |
| Marjorie S. Zatz , Hilary Smith |
Immigration, Crime, and Victimization: Rhetoric and Reality |
8 Annual Review of Law and Social Science 141 (2012) |
criminalization, exploitation, immigration enforcement, immigration law, moral panic, racialization Contrary to popular perceptions that immigration increases crime, the research literature demonstrates that immigration generally serves a protective function, reducing crime. This review takes as its starting point the contradiction between the... |
2012 |
| Ilya Somin |
Immigration, Freedom, and the Constitution |
40 Harvard Journal of Law & Public Policy Pol'y 1 (April, 2017) |
In recent years, many conservatives have come to favor a highly restrictionist approach to immigration policy. But that position is in conflict with their own professed commitment to principles such as free markets, liberty, colorblindness, and enforcing constitutional limits on the power of the federal government. These values ultimately all... |
2017 |
| Sherally Munshi |
Immigration, Imperialism, and the Legacies of Indian Exclusion |
28 Yale Journal of Law & the Humanities 51 (Winter, 2016) |
In April of 1914, a few hundred men and women in Calcutta boarded a ship bound for Vancouver, though British Canada had recently enacted a law that would prevent the ship's passengers from landing. As the ship, the Komagata Maru, steamed its way across the Pacific, officials in Vancouver braced themselves for its arrival. For Canadian officials,... |
2016 |
| Kitty Calavita |
Immigration, Law, and Marginalization in a Global Economy: Notes from Spain |
32 Law and Society Review 529 (1998) |
This case study of immigration law in Spain examines the contradiction between the rhetoric of immigration politics stressing immigrant integration and the reality of immigrant exclusion and marginalization. Drawing from a variety of secondary sources, government documents, and interviews, I show how Spanish policies regularly irregularize Third... |
1998 |
| Marc Belanger |
Immigration, Race, and Economic Globalization on the U.s.-mexico Border: Tangled Histories and Contemporary Realities |
10 Journal of Gender, Race and Justice Just. 1 (Fall 2006) |
In a congressional hearing, a U.S. representative from Colorado explained the continuing need for labor from Mexico: The American working people will not get down on their hands and knees in the dirt and pull weeds and thin these beets and break their backs doing that kind of work . . . [n]o matter how much they are paid, they cannot and will not... |
2006 |
| Matthew J. Lindsay |
Immigration, Sovereignty, and the Constitution of Foreignness |
45 Connecticut Law Review 743 (February, 2013) |
It is a central premise of modern American immigration law that immigrants, by virtue of their non-citizenship, are properly subject to an extra-constitutional regulatory authority that is inherent in national sovereignty and buffered against judicial review. The Supreme Court first posited this constitutionally exceptional authority, which is... |
2013 |
| Shoba Sivaprasad Wadhia |
Immigration: Mind over Matter |
5 University of Maryland Law Journal of Race, Religion, Gender and Class 201 (Fall, 2005) |
In August 2005, The Washington Post featured a story about a man named Mukit Hossain, an immigrant from Bangladesh who came to the United States thirty years ago to study at Duke University. The story opens with a clear image: On a frigid winter day two years ago, Mukit Hossain drove past a 7-Eleven in Herndon and noticed a large group of men, some... |
2005 |
| |
IMMIGRATION--NATIONAL SECURITY--STATE STANDING--UNITED STATES v. TEXAS |
137 Harvard Law Review 350 (November, 2023) |
Executive discretion in federal enforcement proceedings is, perhaps, a distinctly American legal tradition. In the eighteenth century, while private litigants dominated criminal actions in England, American fidelity to separation of powers created an executive monopoly over enforcement. The very 1789 Judiciary Act that recognized those learned... |
2023 |
| Michael A. Olivas |
Immigration-related State and Local Ordinances: Preemption, Prejudice, and the Proper Role for Enforcement |
2007 University of Chicago Legal Forum 27 (2007) |
In a forum a dozen years ago on preemption issues and the proper balance between national immigration obligations and the role to be accorded states in immigration enforcement, I disagreed with those persons, such as Professor Peter J. Spiro, who saw the failure of federal enforcement as an opening for more robust state assumption of the needed... |
2007 |
| Kerry Abrams , R. Kent Piacenti |
Immigration's Family Values |
100 Virginia Law Review 629 (June, 2014) |
Introduction. 630 I. Parentage in Family Law. 635 A. Parentage at Common Law. 636 B. Family Law in the Twentieth Century. 639 1. Social and Technological Change. 639 2. The Legal Response. 641 a. The Erosion of Marital Parentage. 641 b. The Rise of Genetic Parentage. 644 c. The Birth of Functional Recognition. 647 d. Nascent Recognition of... |
2014 |