AuthorTitleCitationSummaryYear
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
Yxta Maya Murray Inflammatory Statehood 30 Harvard Journal on Racial & Ethnic Justice 227 (Spring 2014) Resistance art made in the former Yugoslavia resembles protest art today answering Arizona's anti-immigrant laws. Artists reacting to Yugoslav strongmen who ruled from the 1960s to the 1990s expressed dissent by dramatizing self-mortifications. Artists critiquing SB 1070, Arizona's ban of ethnic studies, and Maricopa County Sheriff Joe Arpaio's... 2014
Derek E. Bambauer Information Hacking 2020 Utah Law Review 987 (2020) The 2016 U.S. presidential election is seen as a masterpiece of effective disinformation tactics. Commentators credit the Russian Federation with a set of targeted, effective information interventions that led to the surprise election of Republican candidate Donald Trump. On this account, Russia hacked not only America's voting systems, but also... 2020
Scott Titshaw INHERITING CITIZENSHIP 58 Stanford Journal of International Law 1 (Winter, 2022) Most of us become citizens at birth based either on our birthplace or our parents' citizenship status. Over thirty countries recognize birthplace citizenship, but inherited citizenship is nearly universal. Such universal legal rules are rare, and they are particularly remarkable in the context of citizenship, where state sovereignty is near its... 2022
Catherine E. Halliday Inheriting the Storied Pomp of Ancient Lands: an Analysis of the Application of Federal Immigration Law on the United States'northern and Southern Borders 36 Valparaiso University Law Review 181 (Fall, 2001) Not like the brazen giant of Greek fame, With conquering limbs astride from land to land; Here at our sea-washed, sunset gates shall stand A mighty woman with a torch, whose flame Is the imprisoned lightning, and her name Mother of Exiles. From her beacon-hand Glows world-wide welcome; her mild eyes command The air-bridged harbor that twin cities... 2001
Andowah A. Newton Injecting Diversity into U.s. Immigration Policy: the Diversity Visa Program and the Missing Discourse on its Impact on African Immigration to the United States 38 Cornell International Law Journal 1049 (Fall 2005) Introduction. 1050 I. The Diversity Visa Program. 1051 A. History: Predecessor and Temporary Programs. 1052 B. Permanent Program: Procedures and Requirements. 1053 C. Purpose. 1055 II. Criticism of the Diversity Visa Program. 1056 III. Disproportionate Underrepresentation of Africans in U.S. Immigration System. 1059 A. Historical Exclusion of... 2005
Rachel R. Ray Insecure Communities: Examining Local Government Participation in Us Immigration and Customs Enforcement's "Secure Communities" Program 10 Seattle Journal for Social Justice 327 (Fall/Winter 2011) In the last several years, suffering global economies, war, ethnic and racial tensions, natural disasters, and other exigencies have led to a steady stream of immigrants to the United States. They seek jobs, refuge, asylum, and better opportunities. In fiscal year 2010, the United States Immigration and Customs Enforcement (ICE) removed a... 2011
Radha Vishnuvajjala Insecure Communities: How an Immigration Enforcement Program Encourages Battered Women to Stay Silent 32 Boston College Journal of Law & Social Justice 185 (Winter, 2012) Abstract: Domestic violence is a pervasive problem in American society. Undocumented immigrant women suffer disproportionately from spousal abuse due to language and cultural barriers. Undocumented domestic violence victims often do not know how or where to seek help and fear deportation. That fear is not unfounded because Secure Communities, an... 2012
Rachel Zoghlin Insecure Communities: How Increased Localization of Immigration Enforcement under President Obama Through the Secure Communities Program Makes Us less Safe, and May Violate the Constitution 6 Modern American 20 (Fall, 2010) An undocumented immigrant who lives in Maryland was recently stopped by the police while walking to the Hyattsville Metro Station to go to work. Short, darkskinned and Latino, with long, black hair, the police told him that he resembled someone suspected of mugging an old woman a few blocks away. The police questioned him about his whereabouts... 2010
Susan Ayres INSIDE THE MASTER'S GATES: RESOURCES AND TOOLS TO DISMANTLE RACISM AND SEXISM IN HIGHER EDUCATION 21 Journal of Law in Society 20 (Winter, 2021) INTRODUCTION. 21 I. DISMANTLING THE MASTER'S HOUSE: RESOURCES. 28 II. SUBSTANCE OF FIRE AND THE STORYTELLING MOVEMENT. 31 A. The Backstory. 31 B. Overview of Substance of Fire. 33 C. The Case for Storytelling. 35 III. SUBSTANCE OF FIRE: NARRATIVES AND COUNTER-STORYTELLING. 37 A. Lack of Mentors, Microaggressions. 38 B. Performing Gender, Safe... 2021
Lori A. Nessel Instilling Fear and Regulating Behavior: Immigration Law as Social Control 31 Georgetown Immigration Law Journal 525 (Spring, 2017) Probably no other area of American law has been so radically insulated and divergent from those fundamental norms of constitutional right, administrative procedure, and judicial role that animate the rest of our legal system. As to [noncitizens seeking admission], the decisions of executive or administrative officers, acting within powers expressly... 2017
Bill Ong Hing Institutional Racism, Ice Raids, and Immigration Reform 44 University of San Francisco Law Review 307 (Fall 2009) ON A COLD, RAW DECEMBER MORNING in Marshalltown, Iowa, Teresa Blanco woke up to go to work at the local Swift meat packing plant. Hundreds of others across the town were doing the same thing, in spite of the miserable mixture of sleet, mist, and slush that awaited them outside their front doors. As they made their way to the plant, the workers, who... 2009
Juan Manuel Pedroza, Anne Schaufele, Viviana Jimenez, Melissa Garcia Carrillo, Dennise Onchi- Molin INSURGENT CITIZENSHIP: HOW CONSUMER COMPLAINTS ON IMMIGRATION SCAMS INFORM JUSTICE AND PREVENTION EFFORTS 37 Georgetown Immigration Law Journal 369 (Spring, 2023) Immigration scams in the United States target noncitizens. Noncitizens who have limited or no access to a clear path to adjust their legal status, coupled with a shortage of affordable legal services and an access to justice crisis have created the perfect terrain for profit-oriented fraudsters who thrive in moments of uncertainty. In those... 2023
Cassandra Burke Robertson , Irina D. Manta INTEGRAL CITIZENSHIP 100 Texas Law Review 1325 (June, 2022) Does the Constitution's promise of birthright citizenship to all born in the United States cover the United States Territories? Residents of the Territories have regularly sought judicial recognition of their equal birthright citizenship under the Fourteenth Amendment, most recently in some prominent cases reaching federal appellate courts. When... 2022
Ilias Bantekas , Domna Michail INTEGRATION AND CITIZENSHIP OF IRREGULAR MIGRANTS IN FRONTIER STATES: A SOCIO-LEGAL APPROACH TO A HUMAN RIGHTS PROBLEM 26 Journal of Gender, Race and Justice 1 (Winter, 2023) In this Article we focus on nationality as a form of citizenship in modern nation-state formation. Two major models of approaching citizenship-- civil/territorial and ethnic/genealogical--linked to two different processes of nation-state formation--jus soli and jus sanguinis--are examined. We draw from the anthropological modernist approach to... 2023
Edelina M. Burciaga , Aaron Malone INTENSIFIED LIMINAL LEGALITY: THE IMPACT OF THE DACA RESCISSION FOR UNDOCUMENTED YOUNG ADULTS IN COLORADO 46 Law and Social Inquiry 1092 (November, 2021) The Deferred Action for Childhood Arrivals (DACA) program provides qualifying undocumented immigrant youth with significant benefits. These benefits exist in a state of tension because they are temporary, making the status of DACA recipients precarious. In this article we draw on survey and interview data collected with DACA recipients in Colorado,... 2021
Sarah Cleveland, Beth Lyon, Rebecca Smith Inter-american Court of Human Rights Amicus Curiae Brief: the United States Violates International Law When Labor Law Remedies Are Restricted Based on Workers' Migrant Status 1 Seattle Journal for Social Justice 795 (Spring/Summer, 2003) On March 27, 2002, the U.S. Supreme Court decided a case called Hoffman Plastic Compounds, Inc. v. NLRB. In Hoffman, the Supreme Court held that a worker who is undocumented could not recover the remedy of back pay under the National Labor Relations Act (NLRA). The case involved an immigrant worker named José Castro who was working in a factory in... 2003
Richard Delgado , Allen Slater INTEREST CONVERGENCE IN IMMIGRATION LAW AND THEORY 73 Case Western Reserve Law Review 771 (Spring, 2023) C1-2Contents Introduction. 772 I. Immigration Law Scholarship: A Critical Desert. 779 II. Derrick Bell's Interest-Convergence Hypothesis. 780 III. Applying Interest Convergence to Present-Day Immigration Law and Practice--Six Constituencies with a Stake in Change. 782 A. Retirees. 783 B. The Military. 785 C. Major Corporations and the Economy. 787... 2023
Linda E. Carter Intermediate Scrutiny under Fire: Will Plyler Survive State Legislation to Exclude Undocumented Children from School? 31 University of San Francisco Law Review 345 (Winter 1997) Proposition 187 . . . aims to deter future illegal immigration for free education. . . . Current federal law . . . holds that illegal aliens are entitled to free public education. Proposition 187 . . . provides the Court with an opportunity . . . to modify or overturn Plyler . . . . [Proponents of Proposition 187] acknowledged their real goal:... 1997
Olawale Ogunmodimu INTERNALLY DISPLACED PERSONS: ORDEALS AND ANALYSES OF THE POSSIBLE REGIMES OF LEGAL PROTECTION FRAMEWORKS 54 Saint Mary's Law Journal 407 (2023) I. Introduction. 408 II. Effects of Internal Displacement on IDPs. 412 A. The Effects of Internal Displacement on the Culture of IDPs. 414 1. UNESCO's General Conceptualization of Culture. 414 B. The Effects of Internal Displacement on the Economic Potentials of IDPs. 424 C. The Effects of Internal Displacement on External Displacement: Transition... 2023
Bernie D. Jones International and Transracial Adoptions: Toward a Global Critical Race Feminist Practice? 10 Washington and Lee Race and Ethnic Ancestry Law Journal 43 (Spring, 2004) The practice of international adoption places feminist legal scholars of family law in a quandary. Adopted orphaned and abandoned children in impoverished developing countries immigrate to the United States and Europe, gaining families and a higher standard of living. But these improved circumstances come at a cost. Their mothers suffer the effects... 2004
Andrew B. Ayers International Law as a Tool of Constitutional Interpretation in the Early Immigration Power Cases 19 Georgetown Immigration Law Journal 125 (Fall, 2004) I. Introduction: The Modern Controversy. 126 R1II. L2Reliance on International Law in the Early Immigration Power Cases. 131 A. The Early Immigration Power Cases. 133 B. Chae Chan Ping. 133 C. Nishimura Ekiu. 138 D. Fong Yue Ting. 139 E. Persuasive Authority. 141 III. International Law as Binding Authority?. 144 IV. International Law and Natural... 2004
Banke Olagbegi-Oloba , Linda Strite Murnane, Mustafa Aijazuddin , Editor INTERNATIONAL REFUGEE LAW 57 The Year in Review (ABA) 421 (2023) Refugees, asylum seekers, internally displaced persons (IDPs), and in fact, all persons on the move are fully entitled to human rights. The United Nations Declaration of Human Rights came into effect in 1948 and seeks to protect every human being regardless of their race, color, gender, language, or religion. Also, the 1951 Refugee Convention and... 2023
Leanne Aban, Elaina Rahrig, Emma Dozier, Sarah McLaughlin, Yiruo Zhang, Sydney Brinker, Mell Chhoy, Hema Gharia, Lindsay Sergi, Julia Sturges, Quinn Tassin, Cindy Yao INTERNATIONAL REGULATION OF SEXUAL ORIENTATION, GENDER IDENTITY, AND SEXUAL ANATOMY 24 Georgetown Journal of Gender and the Law 595 (Annual Review 2023) I. Introduction. 597 II. Current State of International Law. 598 A. Yogyakarta Principles. 598 B. UN Resolutions. 599 C. International Jurisprudence. 601 D. Asylum. 601 III. Current State of Foreign Domestic Law. 602 A. Legal Obstacles Facing the LGBTI Community. 602 1. Africa. 602 a. Criminalization of Same-Sex Sexual Activity. 604 b.... 2023
Robbie J. Totten, Ph.D. International Relations, Material and Military Power, and United States Immigration Policy: American Strategies to Utilize Foreigners for Geopolitical Strength, 1607 to 2012 29 Georgetown Immigration Law Journal 205 (Winter 2015) What is the relationship between immigration and United States material and military interests? What policies and laws have American leaders devised to use immigrants for geopolitical strength? These questions are important because they shed light on historical and mechanistic facets of U.S. immigration policy and law, an important transnational or... 2015
Muneer I. Ahmad Interpreting Communities: Lawyering Across Language Difference 54 UCLA Law Review 999 (June, 2007) As the rapid growth of immigrant communities in recent years transforms the demography of the United States, language diversity is emerging as a critical feature of this transformation. Poor and low-wage workers and their families in the aggressively globalized U.S. economy increasingly are Limited English Proficient, renewing longstanding debates... 2007
Victor C. Romero INTERRACIAL COALITION BUILDING: A FILIPINO LAWYER IN A BLACK-WHITE COMMUNITY 127 Dickinson Law Review 767 (Spring, 2023) The United States is in the midst of a political and cultural war around race and demography that goes to the heart of America's self-definition as a nation of immigrants. Heeding Eric Yamamoto's four-part prescription for interracial cooperation via the conceptual, the performative, the material, and the reflexive, this Essay draws from the... 2023
Erin M. Adam Intersectional Coalitions: the Paradoxes of Rights-based Movement Building in Lgbtq and Immigrant Communities 51 Law and Society Review 132 (March, 2017) Over the past decade, inter- and intra-movement coalitions composed of organizations within the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) and immigrant rights movements have formed at the local level. These coalitions speak to a massive organizing effort that has achieved some rights campaign successes. However, coalition unity that... 2017
Alexandra Grant Intersectional Discrimination in U Visa Certification Denials: an Irremediable Violation of Equal Protection? 3 Columbia Journal of Race and Law 253 (2013) Through the U visa, the Immigration and Nationality Act offers a means to obtain legal immigration status for undocumented victims of domestic violence and other specified crimes who cooperate with law enforcement in the investigation or prosecution of those crimes. In order to apply for such a visa, a crime victim must obtain law enforcement... 2013
Robin Pomerenke Intersectional Resistance: a Case Study on Crimmigration and Lessons for Organizing in the Trump Era 29 Hastings Women's Law Journal 241 (Summer, 2018) Increasingly, the federal government has sought to utilize local law enforcement's proximity to and intimacy with local communities to detain and deport immigrants. The resultant growth of crimmigration--the simultaneous enforcement of immigration law and criminal law--has sparked a large-scale social movement in California over the last ten years.... 2018
Mariela Olivares Intersectionality at the Intersection of Profiteering & Immigration Detention 94 Nebraska Law Review 963 (2016) I. Introduction. 963 II. The Road to and Realities of Immigrant Detention. 966 A. The Origins of Immigrant Detention. 967 B. A Snapshot of Detention. 973 III. The Commodification of Immigrants. 976 A. The Prison Business. 977 B. The Prison Industry Discovers the Price of Immigrants. 985 IV. At the Crossroads--Intersectionality at the... 2016
Madeline M. Gomez Intersections at the Border: Immigration Enforcement, Reproductive Oppression, and the Policing of Latina Bodies in the Rio Grande Valley 30 Columbia Journal of Gender and Law 84 (2015) A series of events in 2014 brought significant attention to the United States-Mexico border. Over the summer, reports of an influx of undocumented Central American immigrants began circulating. Though most coverage mentioned only children crossing the border, many of these young migrants traveled alongside their mothers. Reports of this influx... 2015
Farnoush Nassi Into the Labyrinth: Artists, Athletes, Entertainers and the Ins 19 Loyola of Los Angeles Entertainment Law Journal 107 (1998) The Immigration and Nationality Act (INA) presents a heavy burden for those foreign artists, entertainers, and athletes who desire to immigrate to the United States. Although the law is designed to bring aliens into the U.S., its ambiguous requirements are extraordinarily difficult for a foreigner to satisfy. The INA establishes classifications... 1998
John J. Ammann Introduction 29 Saint Louis University Public Law Review 369 (2010) The Hazleton, Pennsylvania, City Council. The Arizona Legislature. The Valley Park, Missouri, Board of Aldermen. The Congress of the United States. When it comes to regulation of immigration, the first three legislative bodies have been more active in the last few years than the fourth, even though there is a strong argument to be made that... 2010
Jayashri Srikantiah Introduction 16 Stanford Law and Policy Review 317 (2005) Immigration law over the past decade has been characterized by a sharp reduction in discretion and judicial oversight. Whereas earlier laws allowed for discretionary judgments in the case of individual non-citizens, current law calls for categorical elimination of discretion based on group determinations of blameworthiness. The individual story of... 2005
Doug Klusmeyer Introduction 13 Georgetown Immigration Law Journal 153 (Symposium, 1999) During the last decade, citizenship has become a salient issue for policy-makers, scholars, immigrants, and the public at large. It has emerged as a chronic source of controversy in long-running debates over access to welfare benefits, criteria for naturalization, the legitimacy of plural nationality, and the accommodation of multicultural... 1999
Amalia D. Kessler Introduction to Special Issue 15 Stanford Journal of Civil Rights & Civil Liberties 311 (June, 2020) This special issue of the Stanford Journal of Civil Rights & Civil Liberties emerges from a set of conversations here at Stanford Law School--sparked by the centennial of the Nineteenth Amendment--that also gave rise to the Stanford Center for Law and History's 2019 conference on Legal Histories and Legacies of the Nineteenth Amendment. The... 2020
Emily Ryo , Professor of Law and Sociology, USC Gould School of Law, Los Angeles, CA Introduction to the Special Issue on Immigration Detention 54 Law and Society Review 750 (December, 2020) In a recent article, I called for the development of a systematic field of study devoted to investigating the causes, conditions, and consequences of immigration detention (Ryo 2019). The two articles in this special issue are cutting-edge studies that answer that call. They leverage multiple methods to overcome enormously difficult data challenges... 2020
E. Tendayi Achiume , James Thuo Gathii INTRODUCTION TO THE SYMPOSIUM ON RACE, RACISM, AND INTERNATIONAL LAW 117 AJIL Unbound 26 (2023) In 2020, the United Nations Human Rights Council held its first ever special session on systemic racism, at the request of the Africa Group, and in the wake of a historic transnational racial justice uprising. The session marked a significant shift in global attention to systemic racial subordination as a global phenomenon, with a particular... 2023
Michael J. Wishnie Introduction: Immigration and Federalism 58 New York University Annual Survey of American Law 283 (2002) Two of the most important legal trends of recent years have been the dramatic changes in the nation's immigration laws and the general devolution of decision-making authority from federal to state and local governments. The papers for this symposium address the convergence of these two trends, by examining the numerous issues of policy, principle,... 2002
Steven W. Bender Introduction: Old Hate in New Bottles: Privatizing, Localizing, and Bundling Anti-spanish and Anti-immigrant Sentiment in the 21st Century 7 Nevada Law Journal 883 (Summer 2007) Anti-Spanish and anti-immigrant sentiment is nothing new in the U.S. As Lupe Salinas documents in his symposium contribution, these sentiments date back to the 1900s and earlier, and they include language regulation that targeted German and other eastern and southern European immigrants. During the 1980s, resurgent xenophobia against Latina/o and... 2007
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