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
Kathleen Kim Introduction: Perspectives on Immigration Reform 44 Loyola of Los Angeles Law Review 1323 (Summer 2011) The United States is home to almost 40 million immigrants, representing more than 20 percent of the world's entire migrant population. Economic opportunity, religious freedom, and civil and political rights have attracted foreign nationals to the United States for decades. Our country has benefited from this long history of immigration, which has... 2011
L. Darnell Weeden Introduction: Race & Immigration Symposium 44 Arizona State Law Journal L.J. 1 (Spring 2012) We the People of the United States, in Order to form a more perfect Union and establish Justice and Fairness for all persons, shall promote domestic Tranquility by giving Voice and constitutional Protections to all Immigrants dwelling with us, regardless of their racial identity or documentation status. This Race & Immigration Symposium issue,... 2012
Raquel E. Aldana Introduction: the Subordination and Anti-subordination Story of the U.s. Immigrant Experience in the 21st Century 7 Nevada Law Journal 713 (Summer 2007) The five essays that comprise the immigration cluster for LatCrit XI focus on the living conditions of the immigrant student, mother and grandmother, undocumented worker and taxpayer, and the human trafficking victim, as well as on the laws and practices that regulate the lives of such people inside the United States. The protagonists in these... 2007
Gerald L. Neuman Introductory Comment 31 Columbia Human Rights Law Review 473 (Summer, 2000) The Supreme Court's decision in Reno v. American-Arab Anti-Discrimination Committee (AADC) brought temporary closure to a legal struggle that has stretched on since 1987. The litigation involved competing claims of freedom of political speech and association on the one hand and immigration enforcement and suppression of terrorism on the other. It... 2000
Alina Camacho-Gingerich Introductory Comments 27 Journal of Civil Rights & Economic Development 437 (Winter, 2014) On Friday, March 16, 2012, the Journal of Civil Rights and Economic Development of St. John's University's Ronald H. Brown Center for Civil Rights and Economic Development, St. John's School of Law, hosted an all-day symposium Border Patrols: The Legal, Racial, Social and Economic Implications of United States Immigration Policy. This symposium... 2014
Lindsay Nash INVENTING DEPORTATION ARRESTS 121 Michigan Law Review 1301 (June, 2023) At the dawn of the federal deportation system, the nation's top immigration official proclaimed the power to authorize deportation arrests an extraordinary one to vest in administrative officers. He reassured the nation that this immense power--then wielded by a cabinet secretary, the only executive officer empowered to authorize these... 2023
Stewart Chang Is Gay the New Asian?: Marriage Equality and the Dawn of a New Model Minority 23 Asian American Law Journal L.J. 5 (2016) Introduction. 5 I. Asian Immigration and the American Family: Shifting the Rhetoric From Exclusion to Assimilation. 9 A. Family Ideation and Early Stereotypes of Asians as Sexualized Yellow Peril. 11 B. Family Ideation and the Stereotyping of Asians as a Sexual Model Minority. 15 II. Why Gay Is Definitely Not the New Black: The Evolution of the Bad... 2016
Robert W. McGee , Yanira Petrides , Wendy Gelman IS GENDER A SIGNIFICANT DEMOGRAPHIC VARIABLE IN JURY SELECTION? RESULTS OF A SURVEY 46 American Journal of Trial Advocacy 369 (Spring, 2023) The present study is part of a larger study that examines the relationship between attitudes toward crime and various other demographic variables, including gender, race and ethnicity, age, immigration status, political party affiliation (Democrat versus Republican), position on the political spectrum (left, right, centrist), marital status,... 2023
Shoba Sivaprasad Wadhia Is Immigration Law National Security Law? 66 Emory Law Journal 669 (2017) Introduction. 670 I. Executive Branch. 672 A. Refugees. 672 B. Central American Families. 674 C. Restrictions Based on Race, Religion, Nationality, and Citizenship. 676 1. Legality. 678 2. Feasibility. 680 3. Moral Considerations: American Identity and Reputation. 681 II. Legislative Branch. 682 A. Comprehensive Immigration Reform. 682 B.... 2017
Eric L'Heureux Issadore Is Immigration Still Exclusively a Federal Power? A Preemption Analysis on Legislation by Hazleton, Pennsylvania Regulating Illegal Immigration 52 Villanova Law Review 331 (2007) We do not care where they come from, we do not care what language they speak, but an illegal alien is not welcome in Hazleton! Although regulating immigrants entering into the United States is exclusively within the power of the federal government, the power to regulate illegal aliens already in the country may be shifting to cities and states as... 2007
John Tehranian Is Kim Kardashian White (And Why Does it Matter Anyway)? Racial Fluidity, Identity Mutability & the Future of Civil Rights Jurisprudence 58 Houston Law Review 151 (Fall, 2020) With the world's most ubiquitous celebutante firmly cast in the starring role, this Article conducts an exegesis on the semiotics of Kim Kardashian's racial identity. In the process, the Article explores the social construction of race in action, weighs the individual agency possible in the racialization process, and further probes the reality of... 2020
Amanda Masters Is Procedural Due Process in a Remote Processing Center a Contradiction in Terms? Gandarillas-zambrana V. Board of Immigration Appeals 57 Ohio State Law Journal 999 (1996) Oakdale, Louisiana is a small town of 6,837 people. The Immigration and Naturalization Service (INS) Federal Detention Center in Oakdale holds one thousand immigrants, and the Oakdale Federal Corrections Institution holds three hundred immigrants. These immigrants are in Oakdale because aliens, even legal permanent resident aliens, who are... 1996
Rachel E. Rosenbloom Is the Attorney General the Custodian of an Ins Detainee? Personal Jurisdiction and the "Immediate Custodian" Rule in Immigration-related Habeas Actions 27 New York University Review of Law and Social Change 543 (2001-2002) Habeas corpus, the Great Writ, allows those in government custody to challenge the legality of their confinement. Individuals may petition federal courts for writs of habeas corpus to review such diverse forms of custody as state court criminal sentences, military draft orders, and orders of deportation. For those in the custody of the... 2002
Saby Ghoshray Is There a Human-rights Dimension to Immigration? Seeking Clarity Through the Prism of Morality and Human Survival 84 Denver University Law Review 1151 (2007) She sat with him for a day, searching for water, never straying too far away for fear she could get lost. On Sunday, her little boy died . [Edith] Rodriguez had staggered and zigzagged in her dehydrated state. At one point, it took a half hour to track just 100 feet of her journey. Six hours later, they found the boy's body under a mesquite tree.... 2007
Gabriel J. Chin Is There a Plenary Power Doctrine? A Tentative Apology and Prediction for Our Strange but Unexceptional Constitutional Immigration Law 14 Georgetown Immigration Law Journal 257 (Winter, 2000) This essay is an effort to predict what the Supreme Court will do with constitutional immigration law, focusing in particular on substantive categories of aliens who are not allowed to enter or remain in the United States. The Court's record in this context consists of a string of cases, over a century long, upholding with depressing regularity... 2000
Carlos R. Pastrana Is Your Law Firm Truly Committed to Diversity? 93-SEP Wisconsin Lawyer 28 (September, 2020) Since relocating from Puerto Rico to the United States, the author has worked at national, regional, and local firms of all sizes. Although the racial compositions and level of fluency of each of these firms on the topics of diversity and inclusion varied, they all recognized that the legal services market is changing and shared a desire to adapt... 2020
Mutasim A. Ali ISRAEL'S ASYLUM REGIME: THE INCONSISTENCIES WITH NATIONAL AND INTERNATIONAL DUTIES 31 Michigan State International Law Review 375 (2023) Since 2005, Israel has been a destination for refugees fleeing conflicts, repression, and political instability in some African countries, primarily Sudan, Eritrea, and western African countries. Until 2010, more than 26,000 refugees and asylum seekers entered Israel without authorization through the notorious Israeli-Egyptian borders. Due to the... 2023
Maria del Pilar Castillo Issues of Family Separation: an Argument for Moving Away from Enforcement-only Solutions to Our Immigration "Problem" 25 Temple International and Comparative Law Journal 179 (Spring 2011) Please do not deport my parents because you will also deport a girl who only has a year left of high school and a dream to become something more than the daughter of illegal immigrants. What happens to the hope of a single child--anywhere--can enrich our world, or impoverish it. In October 2005, Ruby Arcos, a United States citizen and daughter of... 2011
L. Darnell Weeden It Is Discriminatory for Arizona or Society to Engage in the Anti-immigration Practice of Profiling Hispanics for Speaking Spanish 12 Loyola Journal of Public Interest Law 109 (Fall 2010) This article addresses whether it is a discriminatory practice for Arizona or society to engage in the practice of profiling Hispanics for speaking Spanish. It first looks at whether the United States Constitution allows Arizona to implement an anti-immigration law, S.B. 1070, that creates a presumption that speaking Spanish by a person Hispanic in... 2010
Adam Crepelle IT SHOULDN'T BE THIS HARD: THE LAW AND ECONOMICS OF BUSINESS IN INDIAN COUNTRY 2023 Utah Law Review 1117 (2023) Indian reservation economies have been in shambles for generations. Although some tribes operate successful gaming enterprises, no tribe has a vibrant private sector economy. Law and economics help explain why. Economics is the study of choices, and Indian country's complex legal rules deter businesses from investing on tribal land. After all, no... 2023
13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30