Sadie M. Casamenti ACTS OF JUSTICE: RESTORING JUSTICE FOR IMMIGRANTS THROUGH STATE PARDONS 43 Cardozo Law Review 2473 (August, 2022) C1-2Table of Contents Introduction. 2474 I. Background. 2479 A. Plenary Power and the Erosion of Federal Exclusivity Over Immigration. 2479 1. Traditional Understandings of Plenary Power. 2479 2. The Shift from Plenary Power to the Recognition of State Authority in Protecting Immigrants. 2481 B. Pardon Powers and State Sovereignty. 2483 1. Origins... 2022
Carmen Gloria Iguina Adapting to 287(g) Enforcement: Rethinking Suppression and Termination Doctrines in Removal Proceedings in Light of State and Local Enforcement of Immigration Law 86 New York University Law Review 207 (April, 2011) Two legal doctrines govern the suppression of evidence and termination of removal proceedings following constitutional or regulatory violations in immigration enforcement. The Lopez-Mendoza doctrine governs suppression of evidence obtained in violation of constitutional rights. The Accardi doctrine governs suppression of evidence and termination of... 2011
Cyra Akila Choudhury , Shruti Rana ADDRESSING ASIAN (IN)VISIBILITY IN THE ACADEMY 51 Southwestern Law Review 287 (2022) To be Asian American in the legal academy is to be caught between a paradox and a dichotomy, with both marked by silencing and erasure. The paradox exists within the term Asian American itself, as Asian and American have historically been posed as antithetical identities in U.S. history and jurisprudence. On one side is a representation of... 2022
Leticia M. Saucedo Addressing Segregation in the Brown Collar Workplace: Toward a Solution for the Inexorable 100% 41 University of Michigan Journal of Law Reform 447 (Winter 2008) Despite public perception to the contrary, segregated workplaces exist in greater number today than ever before, largely because of the influx of newly arrived immigrant workers to low-wage industries throughout the country. Yet existing anti-discrimination frameworks no longer operate adequately to rid workplaces of the segregation that results... 2008
Scott Aronin ADDRESSING THE DELIBERATIVE DEFICIT: A PROPOSAL TO IMPROVE THE BALLOT-INITIATIVE PROCESS 34 Stanford Law and Policy Review 181 (2023) The ballot initiative, a form of direct democracy practiced across the country, is often held up as a model of implementing the people's will and, therefore, achieving democracy's most fundamental aim. But with direct popular control over policymaking comes a cost: limited deliberative processes to develop proposals. I call this cost the... 2023
Bill Ong Hing ADDRESSING THE INTERSECTION OF RACIAL JUSTICE AND IMMIGRANT RIGHTS 9 Belmont Law Review 357 (Spring, 2022) Introduction. 358 I. The Intersection of Racial Justice and Immigrant Rights. 359 A. Anti-Blackness as Manifested in Immigration Laws and Enforcement. 359 1. Racial Justice and Immigration Law Enforcement. 361 a. Criminal Convictions. 361 b. Detention. 361 2. Police Brutality Against Black Immigrants. 363 3. Relevant Cases. 364 4. Legislation. 366... 2022
Greta Byrum Addressing the Social Cost of Digital Transition: a New Decennial Census for 2020 47 Fordham Urban Law Journal 883 (June, 2020) Introduction. 884 I. Anticipating an Undercount: Center for Popular Democracy Action v. Bureau of the Census. 888 II. The Mechanics of Digital Transition. 890 A. Internet Self-Response (ISR) Portal. 891 B. Non-Response Follow Up (NRFU) Platform. 893 C. Imputation, Not Sampling. 893 III. Digital Equity Risks. 896 A. Digital Equity Risk Analysis. 899... 2020
Alina Das Administrative Constitutionalism in Immigration Law 98 Boston University Law Review 485 (March, 2018) Introduction. 486 I. Constitutional Enforcement in Immigration Law: Limitations on Judicial Intervention. 494 II. The Executive's Role in the Enforcement of Constitutional Norms in Immigration Law. 502 A. Immigration Adjudication. 504 1. Constitutional Challenges in Substantive Immigration Law. 506 2. Constitutional Avoidance in Statutory... 2018
Ashley Albert , Amy Mulzer ADOPTION CANNOT BE REFORMED 12 Columbia Journal of Race and Law 1 (July, 2022) I. Introduction. 2 II. Adoption as Family Regulation. 8 A. Child-Saving and the Creating of Legal Adoption. 10 B. Georgia Tann and the Development of Sealed Records. 14 C. The Baby Scoop Era. 16 D. The Rise of Transracial Adoption, the Modern Family Regulation System, and the Permanency Ideal. 18 1. The Indian Adoption Project. 18 2. The... 2022
Juliet Stumpf, Bruce Friedman Advancing Civil Rights Through Immigration Law: One Step Forward, Two Steps Back? 6 NYU Journal of Legislation and Public Policy 131 (2002-2003) The migration of the labor pool across international borders forces nations to face conflicting pressures to maintain the cultural and economic status of the current population, while at the same time responding to the demand for more labor. In the United States, the response to this problem is immigration law-- the primary tool that the... 2003
Marcela Mendoza , Edward M. Olivos Advocating for Control with Compassion: the Impacts of Raids and Deportations on Children and Families 11 Oregon Review of International Law 111 (2009) I. Growth and Expansion of Immigration Enforcement Operations. 113 II. Impacts of Raids and Deportations on Children, Families, and Communities. 116 L1-2Conclusion . L3121 2009
  AFFIRMATIVE DUTIES IN IMMIGRATION DETENTION 134 Harvard Law Review 2486 (May, 2021) Detention has become an undeniably central part of immigration enforcement today. In principle, the constitutional right to be free from deprivation of life, liberty, or property, without due process of law extends to all persons within U.S. territory, regardless of citizenship. In practice, due process for noncitizen detainees tends to be far... 2021
Jeena Shah Affirming Affirmative Action by Affirming White Privilege: Sffa V. Harvard 108 Georgetown Law Journal Online 134 (2020) Harvard College's race-based affirmative action measures for student admissions survived trial in a federal district court. Harvard's victory has since been characterized as [t]hrilling, yet [p]yrrhic. Although the court's reasoning should be lauded for its thorough assessment of Harvard's race-based affirmative action, the roads not taken by... 2020
Collins C. Ajibo , Miriam C. Anozie, Timothy O. Umahi, Samuel I. Nwatu Africa-china Investment Partnership for Development: the Downside, the Promises and a Roadmap for the Future 15 Asian Journal of WTO & International Health Law & Policy 285 (March, 2020) The emergence of China as a major capital exporting country, bolstered by its policy of the Belt and Road initiative (BRI), has resulted in an unprecedented influx of Chinese investment, loan financing and infrastructure development ever recorded by a single investor in Africa. The Chinese investment straddles virtually all sectors, ranging from... 2020
Bolatito Kolawole African Immigrants, Intersectionality, and the Increasing Need for Visibility in the Current Immigration Debate 7 Columbia Journal of Race and Law 373 (2017) Africans are one of the fastest growing immigrant groups in the United States, yet their presence receives very little attention in public discourse about immigration. In an era where America's immigration policies have grown increasingly insular, African immigrants are particularly at risk of having measures that historically facilitated their... 2017
Judy Scales-Trent African Women in France: Immigration, Family, and Work 24 Brooklyn Journal of International Law 705 (1999) In the Fall of 1997, much of the news in France seemed to lead back to Africa-- back to reminders of French colonization on that continent, back to the painful memories of those years. Most of this news centered on Algeria. It was a time when waves of terrorism were sweeping Algeria. As residents of entire villages were being slaughtered at random,... 1999
Peter L. Markowitz After Ice: a New Humane & Effective Immigration Enforcement Paradigm 55 Wake Forest Law Review 89 (Spring, 2020) In recent years, as the U.S. Immigration and Customs Enforcement Agency's (ICE) brutal tactics have devasted communities across the nation, a growing chorus of activists and policymakers have begun calling for the agency to be abolished. Abolish ICE advocates have made a compelling case for the irredeemable deficiencies of ICE; they have exposed... 2020
Stephen Macedo After the Backlash: Populism and the Politics and Ethics of Migration 14 Law & Ethics of Human Rights 153 (November, 2020) Abstract: In the U.S., and elsewhere, populism has been democracy's way of shaking elites up. We can view populism in part as a revolt of the losers, or perceived losers, of globalization. Yet elites have often paid too little heed to the domestic distributive impact of high immigration and globalized trade. Immigration and globalization are also... 2020
Alexander A. Boni-Saenz AGE DIVERSITY 94 Southern California Law Review 303 (January, 2021) This Article is the first to examine age diversity in the legal literature, mapping out its descriptive, normative, and legal dimensions. Age diversity is a plural concept, as heterogeneity of age can take many forms in various human institutions. Likewise, the normative rationales for these assorted age diversities are rooted in distinct... 2021
Annette C. Escobar Aggravating the Immigration Paradox: the Nicaraguan Adjustment and Central American Relief Act's Effect on U.s. Immigration Policy 11 Saint Thomas Law Review 445 (Spring, 1999) C1-3TABLE OF CONTENTS L1-2Introduction R3446. I. Immigration Law Before NACARA. 448 II. The Supreme Court and Immigration. 453 III. NACARA's Inception and Resulting Configuration: Exacerbating Havoc in Immigration Law. 457 A. Government Submission to Interest Group Uproar Over the Restrictive 1996 Legislation. 458 B. Virtually Automatic Asylum for... 1999
Margaret Hu Algorithmic Jim Crow 86 Fordham Law Review 633 (November, 2017) This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the separate but equal discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the... 2017
Keith Cunningham-Parmeter Alien Language: Immigration Metaphors and the Jurisprudence of Otherness 79 Fordham Law Review 1545 (March, 2011) Metaphors tell the story of immigration law. Throughout its immigration jurisprudence, the U.S. Supreme Court has employed rich metaphoric language to describe immigrants attacking nations and aliens flooding communities. This Article applies research in cognitive linguistics to critically evaluate the metaphoric construction of immigrants in the... 2011
Peter Brimelow. New York: Harperperennial Library. 1996., Lawrence P. Donnelly Alien Nation: Common Sense about America's Immigration Disaster 22 Suffolk Transnational Law Review 311 (Winter, 1998) A few years ago now, Peter Brimelow, a well-known advocate for a more restrictive United States immigration policy, wrote a book, which codified his views with a plethora of statistical support, that revolutionized the immigration debate. As an immigrant to the United States himself, Brimelow brings a unique perspective to this debate which he... 1998
John Gibeaut Alien Resurrection: Justices Open the Door for States to Control Immigration Status 97-AUG ABA Journal 22 (August, 2011) In one respect, the U.S. Supreme Court issued an opinion so narrow it squeaked when it upheld an Arizona state law that can harshly punish employers who hire illegal immigrants. Indeed, Arizona business leaders say they expect little change in their state as a result of the May 26 decision in Chamber of Commerce v. Whiting. But in another respect,... 2011
Amy F. Kimpel ALIENATING CRIMINAL PROCEDURE 37 Georgetown Immigration Law Journal 237 (Winter, 2023) The paradigmatic federal criminal case is not the prosecution of Elizabeth Holmes or John Gotti, but rather that of a poor immigrant of color for a low-level border offense. There persists a perception that federal criminal court is reserved for complex crimes that require robust resources to prosecute and defend. These resources are said to fund... 2023
Sarah E. Mullen-Domínguez Alienating the Unalienable: Equal Protection and Valley Park, Missouri's Illegal Immigration Ordinance 52 Saint Louis University Law Journal 1317 (Summer 2008) Mayor Jeffrey Whitteaker turned up his radio as he cruised down Highway 30 in his American-made pick-up. A radio report caught his ear. It described a rousing controversy over a municipal ordinance recently passed in the small town of Hazelton, Pennsylvania. Hazelton's City Council had enacted an ordinance that cracked down on the illegal... 2008
Kevin R. Johnson Aliens and the U.s. Immigration Laws: the Social and Legal Construction of Nonpersons 28 University of Miami Inter-American Law Review 263 (1997) L1-3,T3I. Introduction 264 L1-4 L1-3,T3II. Citizens and Aliens' 270 L1-4 A. Deportable and Excludable Aliens'. 274 L1-4 B. Good (Legal) and Bad (Illegal) Aliens'. 276 L1-4 C. Implications of the Alien Terminology. 279 L1-4 L1-3,T3III. The Influence of Race 281 L1-4 A. Some Examples: Mexicans, Haitians, Cubans. 282 L1-4 B. The Absence of... 1997
Raquel Aldana , Sylvia R. Lazos Vargas Aliens in Our midst Post-9/11: Legislating Outsiderness Within the Borders 38 U.C. Davis Law Review 1683 (June, 2005) Defining America Through Immigration Policy (Mapping Racisms Series). By Bill Ong Hing. Temple University Press, 2003. Pp. 336. The Huddled Masses Myth: Immigration and Civil Rights. By Kevin R. Johnson. Temple University Press, 2003. Pp. 264. Alienated: Immigrant Rights, the Constitution, and Equality in America. By Victor C. Romero. New York... 2005
Martin H. Malin Alt Labor? Why We Still Need Traditional Labor 95 Chicago-Kent Law Review 157 (2020) The United States' workplace is characterized by income inequality, and there is strong evidence that the decline of collective bargaining has played a significant role in that phenomenon. There is also strong evidence that U.S. workers are experiencing a significant voice gap, i.e., a significant difference between the level of influence they... 2020
Rev. Craig Kyle Hemphill, Esq. Am I My Brother's Keeper?: Immigration Law Reform and the Liberty That Is America (A Legal, Theological and Ethical Observation on the Debate of Allowing Immigrant Amnesty). 15 Texas Hispanic Journal of Law and Policy 51 (Spring 2009) I. Immigration. 53 II. History. 54 A. 1986 Act. 54 B. Section 245(i). 55 III. Immigrant Amnesty. 56 A. An Ex-Post Status Determination is Okay. 56 1. Migration and Contribution. 57 B. Immigration through Ethics and Theology. 58 1. The Human Being as Worth. 58 a. comparative theology and ethics regarding human rights--world religions' perspectives... 2009
M. Akram Faizer America First: Improving a Recalcitrant Immigration and Refugee Policy 84 Tennessee Law Review 933 (Summer, 2017) Introduction. 934 I. An Argument for Changing the Current Recalcitrant Immigration Policy to Provide Temporary Residency for International Migrants. 936 II. The Migration Crisis and its Causes. 938 III. Rich World Recalcitrance and its Causes. 940 A. U.S. Migration. 941 B. U.K. Migration. 949 C. French Migration. 950 D. Canadian Migration. 951 IV.... 2017
Kenzo S. Kawanabe American Anti-immigrant Rhetoric Against Asian Pacific Immigrants: the Present Repeats the past 10 Georgtown Immigration Law Journal 681 (Summer, 1996) These words signify the ideal on which America, the nation of immigrants, was built. Whether in 1820 or 1996, through Ellis Island or Angel Island, the American immigrant, inspired by the hopes and dreams of a better life, has brought human capital to this nation. With the exception of Native Americans and indigenous Hawaiian Americans, most... 1996
Antonia Hernandez American Citizenship Post 9-11 1 Stanford Journal of Civil Rights & Civil Liberties 289 (April, 2005) As an immigrant, the child of a United States-citizen father whose family was deported to Mexico during the Depression, as an attorney who has for over twenty-five years sought to change our immigration laws, and as the former President and General Counsel of MALDEF, the Mexican American Legal Defense and Educational Fund, I believe that I have... 2005
Gabriela Vasquez AMERICAN EXCLUSION DOCTRINE: A RESPONSE TO LIBERAL DEFENSES OF STARE DECISIS 28 National Black Law Journal 1 (2022) Stare decisis has long been considered a conservative doctrine. Yet, in recent years, liberals have taken up a defense of the legal principle in efforts to preserve key liberal precedents. Despite the existing critiques of stare decisis as oppressive, political, and inconsistent, advocates along the entire political spectrum continue to claim its... 2022
Julie Wilensky American Gulag: Inside U.s. Immigration Prisons, by Mark Dow 8 Yale Human Rights and Development Law Journal 228 (2005) In the wake of stringent 1996 federal immigration laws and post-9/11 terrorism concerns, the number of immigrants held in administrative detention in the U.S. has increased at an alarming rate. The Bureau of Immigration and Customs Enforcement (formerly the Immigration and Naturalization Service) currently detains around 200,000 noncitizens each... 2005
Kayleigh Scalzo American Idol: the Domestic and International Implications of Preferencing the Highly Educated and Highly Skilled in U.s. Immigration Law 79 George Washington Law Review 926 (April, 2011) Anna and Peter both live in Poland. Anna is a waitress, and none of her family members has ever been to the United States. Peter is a highly acclaimed ballet dancer, having performed with the best companies worldwide. Like Anna, none of his family members has ever been to the United States. Both Anna and Peter would like to immigrate to the United... 2011
Charles P. Schwartz, Jr. American Immigration Policy 55 Columbia Law Review 311 (March, 1955) Like all newcomers to a community, immigrants invariably create problems. They often face severe personal and economic difficulties in adjusting to an unfamiliar environment. The community finds it difficult to define the standards and methods for admission and integration of the new members since this involves a fresh appraisal of basic... 1955
Mehwish Shaukat American Muslim Women: Who We Are and What We Demand from Feminist Jurisprudence 31 Hastings Women's Law Journal 155 (Summer, 2020) It is time for feminist jurisprudence to recognize American Muslim women (AMW) as a distinct and agentic group. For too long, feminist discourse has victimized and objectified Muslim women. Our identities are constructed, deconstructed, and weaponized to suit third party needs; yet, our voices are rarely heard. When feminist legal theories... 2020
Nicole Jacoby America's De Facto Guest Workers: Lessons from Germany's Gastarbeiter for U.s. Immigration Reform 27 Fordham International Law Journal 1569 (April, 2004) In the summer of 2001, U.S.-Mexican talks on immigration reform reached a pinnacle. In an address to a joint session of Congress in September 2001, Mexican President Vicente Fox pressed for the legalization of undocumented Mexican workers in the United States and bilateral talks between the Mexican leader and his U.S. counterpart yielded promising... 2004
Karla M. McKanders America's Disposable Youth: Undocumented Delinquent Juveniles 59 Howard Law Journal 197 (Fall, 2015) INTRODUCTION. 198 I. CONSTRUCTING THE LEGAL SUBJECT: UNDOCUMENTED DELINQUENT YOUTH AND MULTIPLE LAYERS OF ILLEGALITY. 201 A. Layer One: The Undocumented Child and the Immigration System. 202 1. Rhetoric and the Othering of Immigrants. 204 2. Immigrant Children and Vulnerability. 207 B. Layer Two: State and Local Juvenile Delinquency Systems. 211... 2015
James J. Orlow America's Incoherent Immigration Policy: Some Problems and Solutions 36 University of Miami Law Review 931 (September, 1982) The author identifies some basic problems with America's immigration policy. Initially he observes that a fair and reasonable policy can only be made at the risk of inflaming local prejudices. Furthermore, the policy is inherently political and inconsistently applied. Finally, the enforcement of immigration law is not effective because the... 1982
Charles J. Ogletree, Jr. America's Schizophrenic Immigration Policy: Race, Class, and Reason 41 Boston College Law Review 755 (July, 2000) Abstract: The historical purpose of American immigration policy was to provide a haven for those fleeing persecution and those seeking prosperity, as well as to satisfy workforce and frontier-expansion needs. However, a survey of U.S. immigration policy reveals that this historical purpose has been distorted and abandoned, if in fact it ever... 2000
Gabriel Sáenz America's Second-class Children: an Examination of President Trump's Immigration Policies on Migrant Children and Inquiry on Justice Through the Catholic Perspective 22 Scholar: St. Mary's Law Review on Race and Social Justice 143 (2020) I. Just Standard vs. Malignant Standard. 145 II. The Malignant Standard. 151 A. Brief Background on the Recent Wave of Immigrant Children Coming to the United States. 151 B. Trump's Administration Responded with Family Separation. 152 C. Trump's Administration has Undermined and Attacked Programs Designed to Help Immigrant Children in Immigration... 2020
Christina McMahon Amidst Controversy over Federal 287(g) Immigration Program, Arizona Approves Immigration Trespassing Crime under New Law 15 Public Interest Law Reporter 141 (Spring 2010) In 2008, Velia Meraz and Manuel Nieto, Jr. were traveling to their Phoenix, Ariz. auto-repair store when four local law enforcement patrol cars blocked their path. Officers then surrounded Meraz and Nieto with weapons raised. The officers, who had been conducting an immigration sweep near the store, believed that Meraz and Nieto were undocumented... 2010
Christopher Angevine Amnesty and the "Legality" of Illegal Immigration: How Reliance and Underenforcement Inform the Immigration Debate 50 South Texas Law Review 235 (Winter 2008) I. Introduction. 235 II. Illegal Immigration and the Law's Formal Response . 236 III. Immigration (Under)Enforcement. 243 A. Border Insecurity. 245 B. Turning a Blind Eye to the Employment of Illegal Immigrants. 247 IV. Enforcement, Reliance, and Amnesty. 251 V. Conclusion. 255 2008
Eleanor Marie Lawrence Brown An Alternative View of Immigrant Exceptionalism, Particularly as it Relates to Blacks: a Response to Chua and Rubenfeld 103 California Law Review 989 (August, 2015) The contrast between Amy Chua and Jed Rubenfeld's The Triple Package (Chua & Rubenfeld 2.0) and Chua's previous work, World on Fire (Chua 1.0), is striking. Chua & Rubenfeld 2.0 contends that particular ethnic and religious groups are spectacularly successful in the United States because of a triple package of traits that are largely cultural;... 2015
Leigh Marie Dannhauser AN ANALYSIS OF GREECE'S POTENTIAL VIOLATIONS OF THE REFUGEE CONVENTION AND THE ROME STATUTE IN ITS TREATMENT OF REFUGEES 27 UCLA Journal of International Law and Foreign Affairs 57 (Fall, 2023) C1-2Table of Contents Introduction. 58 I. C Losed Refugee Camps and the Freedom of Movement. 59 A. Is the Refugee Convention Applicable?. 59 B. Interpreting Articles 26 and 31 of the Refugee Convention. 60 C. How Greece is Operating its Closed Refugee Camps. 65 D. Is the Refugees' Right to the Freedom of Movement Being Violated?. 66 E. Do Greece's... 2023
Hannah Whitney McMurry Schrock An Emerging Civil Rights Movement: Immigrant Populations in Need of Equal Protection under the Fourteenth Amendment 34 Northern Kentucky Law Review 749 (2007) Studying abroad in Oaxaca, Mexico, I saw first-hand the extreme poverty that plagues third world countries; and it is intensely magnified in comparison to that of my Appalachian Eastern Kentucky hometown. It is not difficult to understand why one may choose to leave his or her country and loved ones behind, risking death or mutilation for the... 2007
Kevin R. Johnson An Essay on Immigration Politics, Popular Democracy, and California's Proposition 187: the Political Relevance and Legal Irrelevance of Race 70 Washington Law Review 629 (July, 1995) In elegantly referring to government of the people, by the people, and for the people, Abraham Lincoln famously tapped into the nation's enthusiasm for democracy. From the founding of this nation, however, the potential excesses of democracy also have generated considerable concern. In an attempt to avoid such excesses, the Constitution moderates... 1995
Kevin R. Johnson An Essay on Immigration, Citizenship, and U.s./mexico Relations: the Tale of Two Treaties 5 Southwestern Journal of Law and Trade in the Americas 121 (Spring 1998) The 1990s have been fascinating times for study of United States-Mexico relations. In the decade's early years, public discussion in the United States centered on the ratification of the North American Free Trade Agreement (NAFTA), a controversial trade accord between the United States, Mexico, and Canada. The NAFTA debate in the United States... 1998
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