| Author | Title | Citation | Summary | Year |
| 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 |
| Jehan El-Jourbagy |
IMPACT OF CORPORATE RESPONSE TO CONTROVERSIAL PRESIDENTIAL STATEMENTS OR POLICIES |
18 DePaul Business & Commercial Law Journal 69 (Spring, 2021) |
Not ten days into the Trump administration, corporations, normally silent or ostensibly neutral in regard to political issues, were uncommonly vocal regarding the executive order on immigration and refugees. The response was not uniform. A disproportionate number of CEOs speaking out were from the tech industry. Noticeably silent at this juncture... |
2021 |
| Nina Farnia |
IMPERIALISM AND BLACK DISSENT |
75 Stanford Law Review 397 (February, 2023) |
Abstract. As U.S. imperialism expanded during the twentieth century, the modern national security state came into being and became a major force in the suppression of Black dissent. This Article reexamines the modern history of civil liberties law and policy and contends that Black Americans have historically had uneven access to the right to... |
2023 |
| Nina Farnia |
IMPERIALISM IN THE MAKING OF U.S. LAW |
96 Saint John's Law Review 131 (2022) |
[C]onsider the differences between the powers of the federal government in respect of foreign or external affairs and those in respect of domestic or internal affairs. That there are differences between them, and that these differences are fundamental, may not be doubted, Justice Sutherland instructed in United States v. Curtiss-Wright Export... |
2022 |
| Cori Alonso-Yoder |
IMPERIALIST IMMIGRATION REFORM |
91 Fordham Law Review 1623 (April, 2023) |
For decades, one of the most challenging domestic policy matters has been immigration reform. Dogged by controversial notions of what makes for a desirable immigrant and debates about enforcement and amnesty, elected officials have largely given up on achieving comprehensive, bipartisan immigration solutions. The lack of federal action has led to... |
2023 |
| John Guendelsberger |
Implementing Family Unification Rights in American Immigration Law: Proposed Amendments |
25 San Diego Law Review 253 (March/April, 1988) |
There is something wrong with a law that keeps outfor as long as eight yearsthe small child of a mother or father who has settled in the United States while a nonrelative or less close relative from another country can come in immediately. This Article examines the provisions of American immigration law that impede the entry of immediate family... |
1988 |
| Fatma E. Marouf |
Implicit Bias and Immigration Courts |
45 New England Law Review 417 (Spring 2011) |
This Article highlights the importance of implicit bias in immigration adjudication. After tracing the evolution of prejudice in our immigration laws from explicit old-fashioned prejudice to more subtle forms of modern and aversive prejudice, the Article argues that the specific conditions under which immigration judges decide cases render... |
2011 |
| Charles R. Lawrence III |
Implicit Bias in the Age of Trump: Biased: Uncovering the Hidden Prejudice That Shapes What We See, Think, and Do. By Jennifer L. Eberhardt. New York, N.y.: Viking. 2019. Pp. 340. $28.00 |
133 Harvard Law Review 2304 (May, 2020) |
We inhabit a nomos--a normative universe. We constantly create and maintain a world of right and wrong, of lawful and unlawful, of valid and void. No set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. --Robert Cover I am watching a video of Donald Trump, the forty-fifth President of the... |
2020 |
| Brett Whitley |
IMPORTING INDIAN INTOLERANCE: HOW TITLE VII CAN PREVENT CASTE DISCRIMINATION IN THE AMERICAN WORKPLACE |
75 Arkansas Law Review 163 (2022) |
If Hindus migrate to other regions on [E]arth, [Indian] Caste would become a world problem. --Dr. B.R. Ambedkar (1916) Imagine it is the year 2020. You are one of the more than 160 million people across India that are labeled as Dalits, formerly known as the Untouchables. Most Hindus view Dalits as belonging to the lowest rung in the ancient... |
2022 |
| Leti Volpp |
Impossible Subjects: Illegal Aliens and Alien Citizens |
103 Michigan Law Review 1595 (May, 2005) |
Impossible Subjects: Illegal Aliens and the Making of Modern America. By Mae Ngai. Princeton: Princeton University Press. 2004. pp. 377. $35. America is a nation of immigrants, according to our national narrative. This is the America with its gates open to the world, as well as the America of the melting pot. Underpinning this national narrative is... |
2005 |
| Alice M. Rivlin, Visiting Professor, Georgetown Public Policy Institute |
Impossible Subjects: Illegal Aliens and the Making of Modern America, by Mae M. Ngai, Princeton University Press, 2003, 368pp. |
9 Georgetown Public Policy Review 87 (Spring, 2004) |
This fascinating book describes the evolution of United States immigration policy during its most restrictive period from the 1920's to the 1960's. The author starts with the xenophobia and red scares that led to the Johnson-Reed Act of 1924, which imposed tight limits on immigration through country quotas favoring Northern Europeans. She moves... |
2004 |
| Jojo Annobil, Elizabeth Gibson |
IMPROVING LAWYERS & LIVES: HOW IMMIGRANT JUSTICE CORPS BUILT A MODEL FOR QUALITY REPRESENTATION WHILE EMPOWERING RECENT LAW SCHOOL AND COLLEGE GRADUATES AND THE IMMIGRANT COMMUNITIES WHOM THEY SERVE |
92 Fordham Law Review 823 (December, 2023) |
Introduction. 824 I. Building a Solution. 827 A. The Representation Crisis Before 2014. 827 B. Arriving at a Vision for Immigrant Justice Corps. 831 C. Finding Funding. 836 II. Initial Implementation. 836 A. The Inaugural Class. 837 1. Luis Mancheno, Justice Fellow. 838 2. Aseem Mehta, Community Fellow. 839 B. Host Organization Partners. 840 C.... |
2023 |
| Olivia Quinto |
In a Desert Selling Water: Expanding the U-visa to Victims of Notario Fraud and Other Unauthorized Practices of Law |
14 Rutgers Race & the Law Review 203 (2013) |
Washington's paralysis with immigration reform is sustaining an invidious industry: immigration fraud. The unauthorized practice of immigration law (known as UPIL) by fraudulent providers has victimized and bilked hard-working immigrants around the country with promises to deliver immigration solutions that never materialize. Known commonly as... |
2013 |
| Nicholas Serafin |
In Defense of Immutability |
2020 Brigham Young University Law Review 275 (2020) |
Over the last forty years, the concept of immutability has been central to Equal Protection doctrine. According to current doctrine, a trait is immutable if it is beyond the power of an individual to change or if it is fundamental to personal identity. A trait that meets either of these criteria receives heightened legal protection under... |
2020 |
| Bridget Kessler |
In Jail, No Notice, No Hearing . . . No Problem? A Closer Look at Immigration Detention and the Due Process Standards of the International Covenant on Civil and Political Rights |
24 American University International Law Review 571 (2009) |
INTRODUCTION. 573 I. BACKGROUND. 576 A. The International Covenant on Civil and Political Rights and the United States. 576 1. The Prohibition Against Arbitrary Detention of Article 9(1). 580 2. The Promptly Inform Notice Standard of Article 9(2). 581 3. The Right to Judicial Review Without Delay of Article 9(4). 582 B. Custody Procedures in... |
2009 |
| Tomiko Brown-Nagin |
IN MEMORIAM: JUSTICE RUTH BADER GINSBURG, THE LAST CIVIL RIGHTS LAWYER ON THE SUPREME COURT |
56 Harvard Civil Rights-Civil Liberties Law Review 15 (Winter, 2021) |
There are many ways to describe Justice Ginsburg's historic achievements. This essay considers one enduring descriptor. When President Bill Clinton nominated her to the Supreme Court, he noted that some called Ginsburg the Thurgood Marshall of the women's movement. Through this essay, I engage with and complicate that comparison. I do so to... |
2021 |
| M. Isabel Medina |
In Search of Quality Childcare: Closing the Immigration Gate to Childcare Workers |
8 Georgetown Immigration Law Journal 161 (Spring, 1994) |
There is irony in the fact that the candidacies of the first two women ever to be nominated for the position of United States Attorney General failed, in essence, because the two women were working mothers who had provided alternative, nonparental care for their children. Their candidacies began as a symbol of the successful integration of women... |
1994 |
| M. Isabel Medina |
In Search of the Nation of Immigrants: Balancing the Federal State Divide |
20 Harvard Latinx Law Review Rev. 1 (Spring, 2017) |
Issues raising the role of immigration and immigrants and the relationship between the federal government and the states under our constitutional framework have dominated the national dialogue this past year, and promise to continue to challenge us in years to come. They are questions that tested us at the founding of this republic and that... |
2017 |
| Lisa C. Ikemoto |
In Sisterhood |
2 Michigan Journal of Race and Law 513 (Spring 1997) |
I am writing this review from Los Angeles, California, during the new years of infamy. In 1994, the majority of California voters in the November elections said yes to anti-immigrant Proposition 187 and yes to the racist crime bill known as three strikes. In November, 1996, the majority of California voters again voted yes, this time for... |
1997 |
| John Shuford |
In the Key of Aoki: Immigration Regionalism (Eco) |
45 U.C. Davis Law Review 1655 (June, 2012) |
Introduction--Intro . 1657 I. First Verse. 1659 II. Second Verse. 1665 III. Third Verse. 1673 IV. Fourth Verse. 1676 V. Fifth Verse. 1685 Middle Eight. 1688 VI. Sixth Verse. 1689 VII. Seventh Verse. 1692 Conclusion--Coda/Repeat and Fade . 1697 In 2010, Keith Aoki and I coined the phrase immigration regionalism to describe a proposed... |
2012 |
| Jeffrey R. Baker, Christine E. Cerniglia, Davida Finger, Luz Herrera, JoNel Newman |
In Times of Chaos: Creating Blueprints for Law School Responses to Natural Disasters |
80 Louisiana Law Review 421 (Winter, 2020) |
C1-2Table of Contents Introduction. 423 I. Assessing Legal Needs and Capacity Post-Disaster. 425 A. Social Injustice Is Exacerbated by Natural Disasters. 425 B. Identifying Legal Needs in Context. 428 C. Assessing Clinic Resources and Capacity. 431 II. The Ecosystem of Agencies, Law, and Resources After a Natural Disaster. 434 A. Federal Emergency... |
2020 |
| Jordan E. Dollar , Allison D. Kent |
In Times of Famine, Sweet Potatoes Have No Skin: a Historical Overview and Discussion of Post-earthquake U.s. Immigration Policy Towards the Haitian People |
6 Intercultural Human Rights Law Review 87 (2011) |
In every other country on the globe a citizen of Haiti is sure of civil treatment. In every other nation his manhood is recognized and respected. Wherever any man can go, he can go. He is not repulsed, excluded, or insulted because of his color. All places of amusement and instruction are open to him. Vastly different is the case with him when he... |
2011 |
| Kaylin Hawkins |
Inadmissible as a Public Charge: Adjudicating the Trump Administration's War on Legal Immigration |
93 Temple Law Review 181 (Fall, 2020) |
Isabel Martinez emigrated to the United States the right way. While she has yet to be naturalized as an American citizen, Isabel has been in the United States since she was two years old, when her family moved from Michoácan, Mexico. She lives legally in California on a temporary work visa, but she ultimately hopes to apply for lawful permanent... |
2020 |
| J. Nicole Alanko |
IN-AND-OUT JUSTICE: HOW THE ACCELERATION OF FAMILIES THROUGH IMMIGRATION COURT VIOLATES DUE PROCESS |
24 University of Pennsylvania Journal of Law and Social Change 1 (2021) |
Since November 2018, the Department of Justice has prioritized the scheduling of the cases of thousands of families in immigration courts who have been labeled as Family Units. This policy requires that the cases be completed within one year of the filing of the Notice to Appear. Affected families are fleeing violence in their home... |
2021 |
| César García Hernández |
Incarcerating Migrants |
60 South Texas Law Review 435 (2019) |
I'm going to steer us in a somewhat different direction, at least during the portion of my prepared remarks. I'm happy to talk about other issues about the intersection of criminal immigration law in the questions. But in my prepared remarks, I really want to take our focus out of the narrow and the more technical considerations about statutory... |
2019 |
| Hannah Haksgaard |
INCLUDING UNMARRIED WOMEN IN THE HOMESTEAD ACT OF 1862 |
67 Wayne Law Review 253 (Winter, 2022) |
Abstract. 253 I. Introduction. 254 II. The Context for the Debate. 261 A. American Policy on the Distribution of Public Lands. 261 B. Unmarried Women's Legal Rights. 266 III. Congressional Debate Leading to the Homestead Act of 1862. 270 A. The Twenty-Eighth Congress: 1843-1845. 273 B. The Twenty-Ninth Congress: 1845-1847. 273 C. The Thirtieth... |
2022 |
| Alina Das |
Inclusive Immigrant Justice: Racial Animus and the Origins of Crime-based Deportation |
52 U.C. Davis Law Review 171 (November, 2018) |
The merger of immigration and criminal law has transformed both systems, amplifying the flaws in each. In critiquing this merger, most scholarly accounts begin with legislative changes in the 1980s and 1990s that vastly expanded criminal grounds of deportation and eliminated many forms of discretionary relief. As a result of these changes,... |
2018 |
| Tom C.W. Lin |
Incorporating Social Activism |
98 Boston University Law Review 1535 (December, 2018) |
Corporations and their executives are at the forefront of some of the most contentious and important social issues of our time. Through pronouncements, policies, boycotts, sponsorships, lobbying, and fundraising, corporations are actively engaged in issues like immigration reform, gun regulation, racial justice, gender equality, and religious... |
2018 |
| Joseph Cauich-Tamay |
INDIGENOUS GROUPS WHO HAVE BEEN ENVIRONMENTALLY DISPLACED SHOULD BE CONSIDERED ENVIRONMENTAL ASYLEES UNDER A PARTICULAR SOCIAL GROUP |
24 Rutgers Race & the Law Review 257 (2023) |
C1-2Table of Contents I. INTRODUCTION. 257 II. CURRENT IMMIGRATION LAWS DO NOT ADEQUATELY PROTECT INDIGENOUS PEOPLE WHO HAVE BEEN ENVIRONMENTALLY DISPLACED. 264 III. LEGAL DEFINITION OF REFUGEE AND DISTINCTIONS BETWEEN ASYLEE AND REFUGEE. 267 A. Applicable Law: 8 U.S. Code § 1158. 268 B. Burden of Proof: 8 U.S. Code § 1158 (b)(1)(B)(i-iii). 269 C.... |
2023 |
| William J. Fife III , Beylul Solomon |
INDIGENOUS RIGHTS: A PATHWAY TO END AMERICAN SECOND-CLASS CITIZENSHIP |
32 Southern California Review of Law & Social Justice 59 (Winter, 2023) |
Nearly 4 million American residents in U.S. territories are second-class citizens, lacking individual and collective voting rights and burdened with other gross socioeconomic and healthcare disparities. These disparities affect many honorable veterans that suffer from physical and mental injuries due to fighting for rights they themselves do not... |
2023 |
| Polly J. Price |
Infecting the Body Politic: Observations on Health Security and the "Undesirable" Immigrant |
63 University of Kansas Law Review 917 (May, 2015) |
As this Symposium took place in late 2014, Ebola hysteria was in full sway in the United States. In September 2014, as the Ebola epidemic in West Africa worsened, Director of the Centers for Disease Control and Prevention Thomas Freidan warned Congress that it was inevitable that the Ebola virus would enter the U.S., carried unknowingly by a... |
2015 |