Elisa Vari Italy-libya Memorandum of Understanding: Italy's International Obligations 43 Hastings International and Comparative Law Review 105 (Winter, 2020) In February 2017, Italy entered into an agreement with Libya, the Memorandum of Understanding (hereinafter, MoU), whereby the two countries committed to curbing what they referred to as illegal immigration from the Libyan coast to Italy. While Italy is providing the North African country with investments to further economic development and... 2020
Elisa Vari Italy-libya Memorandum of Understanding: Italy's International Obligations 43 Hastings International and Comparative Law Review 105 (Winter, 2020) In February 2017, Italy entered into an agreement with Libya, the Memorandum of Understanding (hereinafter, MoU), whereby the two countries committed to curbing what they referred to as illegal immigration from the Libyan coast to Italy. While Italy is providing the North African country with investments to further economic development and... 2020
René Lima-Marín , Danielle C. Jefferis It's Just like Prison: Is a Civil (Nonpunitive) System of Immigration Detention Theoretically Possible? 96 Denver Law Review 955 (Summer, 2019) This Essay questions a fundamental premise on which the U.S. civil immigration detention system is built: Is a civil--that is, nonpunitive--system of immigration detention even possible? The Supreme Court has not questioned this assumption. Most scholars who critique the state of immigration confinement in the United States assume the possibility... 2019
M. Hunter Rush IT'S MY PARTY, AND I'LL DO WHAT I WANT TO: MAKING THE CASE FOR JUDICIAL REVIEW OF NATIONAL INTEREST WAIVER DENIALS 27 Washington and Lee Journal of Civil Rights and Social Justice 703 (Spring, 2021) Politics and personal beliefs have become increasingly intertwined since the founding of the United States. Few issues have divided Americans more than immigration laws and policies. This Note advances the argument that when a noncitizen's application for a National Interest Waiver is denied, there must be some recourse. The current problem is... 2021
Kevin R. Johnson It's the Economy, Stupid: the Hijacking of the Debate over Immigration Reform by Monsters, Ghosts, and Goblins (Or the War on Drugs, War on Terror, Narcoterrorists, Etc.) 13 Chapman Law Review 583 (Spring 2010) The title to this conference -- Drug War Madness: Policies, Borders, and Corruption--brings to mind many images, few of them positive. Although Mexico is not mentioned in the conference title, much of the live symposium at which this paper was originally presented discussed drug war madness in connection with the United States and Mexico. My... 2010
Kerry Martin Jail by Another Name: Ice Detention of Immigrant Criminal Defendants on Pretrial Release 25 Michigan Journal of Race and Law 147 (Winter, 2020) This Article assesses the legality of an alarming practice: Immigration and Customs Enforcement (ICE) routinely detains noncitizen criminal defendants soon after they have been released on bail, depriving them of their court-ordered freedom. Since the District of Oregon's decision in United States v. Trujillo-Alvarez, 900 F. Supp. 2d 1167 (D. Or.... 2020
Eisha Jain JAILHOUSE IMMIGRATION SCREENING 70 Duke Law Journal 1703 (May, 2021) Within the past decade, U.S. interior immigration enforcement has shifted away from the street and into the jailhouse. The rationale behind jailhouse screening is to target enforcement efforts on those who fall within federal removal priorities. This Article shows how a program undertaken with the stated aim of targeting immigration enforcement has... 2021
Emily Ryo , Ian Peacock Jailing Immigrant Detainees: a National Study of County Participation in Immigration Detention, 1983-2013 54 Law and Society Review 66 (March, 2020) Hundreds of county jails detain immigrants facing removal proceedings, a civil process. In exchange, local jails receive per diem payments from Immigration and Customs Enforcement. Immigration detention thus presents a striking case of commodification of penal institutions for civil confinement purposes. Yet we know very little about the counties... 2020
Daniel H. Foote Japan's "Foreign Workers" Policy: a View from the United States 7 Georgetown Immigration Law Journal 707 (December, 1993) In Japan, the issue of immigration--the so-called foreign workers problem --has been the focus of great attention and concern in recent years for many of the same reasons as in the United States and Europe. The current downturn in the Japanese economy may have reduced immediate pressures for reexamination of the status quo. Given the increasingly... 1993
Mary Holper JRAD REDUX: JUDICIAL RECOMMENDATION AGAINST IMMIGRATION DETENTION 91 George Washington Law Review 561 (June, 2023) There is a dire need for bail reform in the immigration detention system. Scholars have suggested a variety of recommendations to improve the manner in which immigration detention decisions are made. All of these recommendations have rested on the assumption that there is a finite pool of decisionmakers: Immigration and Customs Enforcement, the... 2023
Bernard P. Perlmutter Judges Behaving Badly . Clinics Fighting Back: the Struggle for Special Immigrant Juveniles in State Dependency Courts in the Age of Trump 82 Albany Law Review 1553 (2018-2019) When people talk about refugees, the words used are they, us or them. The moment of realization that we are a part of them, and they are a part of us, is the moment when we can begin to affect change. - Ai Weiwei, Law of the Journey In the first half of 2016, nearly 26,000 unaccompanied children--most of them from Central America--were... 2019
Tom Lininger JUDGES' ETHICAL DUTIES TO ENSURE FAIR TREATMENT OF INDIGENT PARTIES 89 Fordham Law Review 1237 (March, 2021) In this Essay, I will argue that the American Bar Association (ABA) Model Code of Judicial Conduct (the Model Code) should more squarely address the challenges faced by low-income litigants. Amendments should make clear that judges have a duty to ensure the fair treatment of the indigent in the U.S. legal system. I have written elsewhere about... 2021
Jason A. Cade Judging Immigration Equity: Deportation and Proportionality in the Supreme Court 50 U.C. Davis Law Review 1029 (February, 2017) Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court's jurisprudence across a range of substantive and procedural challenges over the... 2017
Kimberly A. Arkin, Boston University Judging Mohammed: Juvenile Delinquency, Immigration, and Exclusion at the Paris Palace of Justice Susan Terrio (Stanford, Ca: Stanford University Press, 2009) 33 PoLAR: Political and Legal Anthropology Review 158 (May, 2010) Susan Terrio begins Judging Mohammed: Juvenile Delinquency, Immigration, and Exclusion at the Paris Palace of Justice with a puzzle: why does the anxious French public engage in a discourse about a new form of delinquency among minority youth (a delinquency of exclusion) when overall crime rates are actually declining? This question situates... 2010
Martin Arms Judicial Deportation under 18 Usc S 3583(d): a Partial Solution to Immigration Woes? 64 University of Chicago Law Review 653 (Spring 1997) (T)he Federal Government must make sure that dangerous aliens are not on the streets, not allowed to commit new crimes, and not caught in a lengthy deportation process. A United States Senator The INS (Immigration and Naturalization Service) is completely like a Soviet bureaucracy. . . . Every sign starts with the word no: No smoking. No... 1997
Sanford G. Hooper Judicial Minimalism and the National Dialogue on Immigration: the Constitutional Avoidance Doctrine in Zadvydas V. Davis 59 Washington and Lee Law Review 975 (Summer, 2002) The constitutional avoidance doctrine is a canon of construction dictating that where a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, [a court's] duty is to adopt the latter. Although the avoidance doctrine is nearly a century... 2002
Jayanth K. Krishnan JUDICIAL POWER--IMMIGRATION-STYLE 73 Administrative Law Review 317 (Spring, 2021) Throughout this current global pandemic, but of course, even before, former President Trump advocated enacting restrictive immigration measures. Under his tenure, the Department of Homeland Security (DHS) assumed enhanced judicial authority and issued decisions that often adversely affected noncitizens. However, in June 2020, the U.S. Supreme Court... 2021
Natalie Gomez-Velez Judicial Selection: Diversity, Discretion, Inclusion, and the Idea of Justice 48 Capital University Law Review 285 (Fall, 2020) Judicial selection norms are being tested in significant ways. The current President Donald J. Trump is breaking standards of governance and political discourse related to judging and the rule of law in troubling and dangerous ways. At the same time, the abandonment of years of bi-partisan approaches to judicial selection in an era of extreme... 2020
Felice Batlan, IIT-Chicago-Kent College of Law Julian Lim, Porous Borders: Multiracial Migrations and the Law in the U.s.--mexican Borderlands. Chapel Hill: University of North Carolina Press, 2017. Pp. Xv + 302. $32.50 Hardcover (Isbn 9781469635491). Doi:10.1017/s0738248020000152 38 Law and History Review 509 (May, 2020) Porous Borders is firmly situated in the interdisciplinary scholarship on borderlands and contributes to this literature by including the experiences of Chinese migrants who lived on both sides of the U.S.-Mexican border, as well as those of Mexicans, African Americans, English-speaking whites, and various First Nations peoples. Much of the first... 2020
Sunita Patel Jumping Hurdles to Sue the Police 104 Minnesota Law Review 2257 (May, 2020) Introduction. 2258 I. Police Structural Reform Litigation. 2269 A. Standing To Obtain Police Injunctions: Lyons. 2271 B. Municipal Liability: Monell. 2276 C. Class Certification: Wal-Mart Stores, Inc. v. Dukes. 2281 1. Class Certification Requirements Under Rule 23. 2282 2. Commonality Under Wal-Mart Stores, Inc.. 2283 II. Floyd v. City of New... 2020
Len Munsil Justice and Compassion: Applying Biblical Truth to the Problem of Illegal Immigration 9 Regent Journal of International Law 11 (2012) Thank you for the invitation to be a part of this important Symposium at Regent University School of Law. I was invited to speak in a seminar here sponsored by the American Center for Law and Justice in 1993, when Regent was just in its early stages, and I have been so impressed by the growth in Regent's academic programs, facilities, and national... 2012
  JUSTICE FOR SURVIVORS OF INTIMATE PARTNER VIOLENCE CONFERENCE REPORT 44 Columbia Journal of Gender and Law 1 (Fall, 2023) Domestic violence survivors seeking justice and safety in New York State's family and supreme courts often encounter a deeply flawed, poorly functioning system that exposes them and their children to further harm. On October 13 and 14, 2022, a coalition of leading nonprofit agencies that serve and advocate for survivors convened a conference in New... 2023
Evan F. McCarthy Justices, Justices, Look Through Your Books, and Make Me a Perfect Match: an Argument for the Realistic Probability Test in Cimt Removal Proceedings 104 Iowa Law Review 2269 (May, 2019) ABSTRACT: The Immigration and Nationality Act provides a mechanism for automatic removal of aliens convicted of crimes involving moral turpitude. The problems resulting from trying to make law based on that phrase led immigration courts to adopt a categorical approach to statutory interpretation, which attempts to guarantee deportation based on... 2019
Michael Duchesne KEEPING CHILDREN WITH THEIR PARENTS: HOW U.S. IMMIGRATION LAW FAILS TO UPHOLD THE INTERNATIONAL RIGHT TO FAMILY UNITY 32 Minnesota Journal of International Law 197 (Summer, 2023) There is a fundamental right to family unity based in international law which the United States is currently failing to protect. Specifically, certain U.S. immigration laws cause unnecessary separation of children from parents for extended periods of time--or even indefinitely. Although U.S. immigration laws have been historically pro-family, a... 2023
Fareed Nassor Hayat KILLING DUE PROCESS: DOUBLE JEOPARDY, WHITE SUPREMACY AND GANG PROSECUTIONS 69 UCLA Law Review Discourse 18 (2021) The Fifth Amendment of the U.S. Constitution holds that no person shall be twice put in jeopardy of life or limb for the same offense. Read plainly, a person cannot be tried or punished more than once for a single crime. Yet in recent decades, as legislatures have expanded the prosecutorial state with weapons designed to punish more criminal... 2021
Maeve Glass KILLING PRECEDENT: THE SLAUGHTER-HOUSE CONSTITUTION 123 Columbia Law Review 1135 (May, 2023) This Essay offers a revisionist account of the Slaughter-House Cases. It argues that the opinion's primary significance lies not in its gutting of the Privileges or Immunities Clause but in its omission of a people's archive of slavery. Decades before the decision, Black abolitionists began compiling the testimonies of refugees who had fled... 2023
Ernesto Hernández-López Kiyemba, Guantánamo, and Immigration Law: an Extraterritorial Constitution in a Plenary Power World 2 UC Irvine Law Review 193 (February, 2012) Introduction. 194 I. The Exclusions of Plenary Powers. 200 II. Immigration Law: The Fallback Doctrinal Justification for Guantánamo Detentions. 204 A. Boumediene: Limits on Alien Status and Location as Bars to Constitutional Habeas. 205 B. The Kiyemba Triumvirate: Immigration Law and the Fallback to Detain After Habeas. 210 C. Kiyemba and... 2012
César Cuauhtémoc García Hernández La Migra in the Mirror: Immigration Enforcement and Racial Profiling on the Texas Border 23 Notre Dame Journal of Law, Ethics & Public Policy 167 (2009) The first step in any Latino urban agenda must be to remove La Migra from the front yard. -- Mike Davis Where would the United States be without its ilegales? -- Ilan Stavans On an ordinary Saturday night in late July 2007 the traffic on a bridge linking the Mexican state of Tamaulipas with the Texas border cities of Hidalgo and McAllen was in its... 2009
César Cuauhtémoc García Hernández La Migra in the Mirror: Immigration Enforcement, Racial Profiling, and the Psychology of One Mexican Chasing after Another 72 Albany Law Review 891 (2009) Good morning, it is a pleasure to be here. I would like to thank Professor Anthony Farley, the editors of the Albany Law Review, and the Albany Law Journal of Science & Technology for inviting me in, and for all of you for being here this morning. I would like to spend my time this morning talking about racial profiling. Specifically, I plan to... 2009
Michael Sullivan LABOR CITIZENSHIP FOR THE TWENTY-FIRST CENTURY 19 Seattle Journal for Social Justice 809 (Spring, 2021) Today, immigrant individuals toiling with their citizen colleagues in insecure employment that Guy Standing describes as the post-industrial precariat make up the vanguard of the struggle to protect labor rights. Government officials have honored care workers as essential service employees in the COVID-19 pandemic even as they continue to lack many... 2021
Michael J. Wishnie Laboratories of Bigotry? Devolution of the Immigration Power, Equal Protection, and Federalism 76 New York University Law Review 493 (May, 2001) In this Article, Professor Michael Wishnie addresses the current pressing problem of denial of benefits to legal immigrants under the 1996 Welfare Reform Act in the context of a deeper inquiry into the very heart of immigration law: From where does the federal government derive the power to regulate its borders? Can Congress devolve this power to... 2001
Cass R. Sunstein Lapidation and Apology 2020 University of Chicago Legal Forum 295 (2020) Groups of people, outraged by some real or imagined transgression, often respond in a way that is wildly disproportionate to the occasion, thus ruining the transgressor's day, month, year, or life. To capture that phenomenon, we might repurpose an old word: lapidation. Technically, the word is a synonym for stoning, but it sounds much less violent.... 2020
Lisa R. Pruitt Latina/os, Locality, and Law in the Rural South 12 Harvard Latino Law Review 135 (Spring 2009) Legal issues associated with immigration are playing out at multiple scales, from the local to the national. In this era of municipal anti-immigrant ordinances and federal-local cooperation to enforce immigration laws, legal actors at the municipal, county, and state levels have become frontline policymakers and law enforcers in relation to... 2009
Sandra Guerra Thompson Latinas and Their Families in Detention: the Growing Intersection of Immigration Law and Criminal Law 14 William and Mary Journal of Women and the Law 225 (Winter, 2008) In this article, Professor Sandra Guerra Thompson explores the growing enforcement of immigration law within the interior of the United States and the growing intersection of the criminal justice system and immigration law. Through the use of worksite enforcement sweeps and immigration screening by state and local law enforcement, growing numbers... 2008
Kevin R. Johnson Latinas/os and the Political Process: the Need for Critical Inquiry 81 Oregon Law Review 917 (Winter 2002) Migration from Mexico to the United States was a fact of life in the twentieth century. It continues in the new millennium, with more than 200,000 lawful immigrants from Mexico--the largest contingent of immigrants from any nation-- coming to the United States in 2001 alone. An important part of the nation's labor force, Mexican immigrants... 2002
Clifford Clapp, Esq. Latino Jury Nullification: Resisting Racially & Ethnically Biased Crimmigration Through Civil Disobedience 17 Rutgers Race & the Law Review 167 (2016) In 1995, over twenty years ago, Paul Butler argued for jury nullification by African-American jurors in cases where black defendants commit crimes that do not affect public safety, such as public drunkenness, minor drug possession, gambling and other victimless crimes. He opines that racial considerations by African-American jurors are legally and... 2016
Marisa Abrajano , Lisa García Bedolla Latino Political Participation 25 Years after the Passage of Proposition 187: Opportunities and Continuing Challenges 53 U.C. Davis Law Review 1831 (April, 2020) C1-3Table of Contents L1-2Introduction L31833 I. Can Text Messages Mobilize Voters?. 1839 II. Using Gotv Text Messages to Mobilize Latinos and Voters of Color. 1842 III. Research Design. 1845 IV. Results. 1850 L1-2Conclusion L31854 L1-2Appendix L31856 2020
Luz E. Herrera , Pilar Margarita Hernández, Escontrías, Ph.D. LATINXS RESHAPING LAW & POLICY IN THE U.S. SOUTH 31 Southern California Review of Law & Social Justice 1 (Winter, 2022) This article addresses the key law and policy levers affecting Latinxs in what the U.S. Census Bureau designates as the South. Since the rise of the Latinx population from the 1980s onward, few legal scholars and researchers have participated in a sustained dialogue about how law and policy affects Latinxs living in the South. In response to this... 2022
Trevor George Gardner LAW AND ORDER AS THE FOUNDATIONAL PARADOX OF THE TRUMP PRESIDENCY 73 Stanford Law Review Online 141 (June, 2021) This Essay scrutinizes the feuding between the Trump White House and various federal law enforcement agencies, concurrent with criminal lawbreaking in the Trump Administration, in an effort to extend scholarly understanding of the relationship between law-and-order politics and popular regard for rule-of-law principles. Sociolegal... 2021
Frank W. Munger, Carroll Seron LAW AND THE PERSISTENCE OF RACIAL INEQUALITY IN AMERICA 66 New York Law School Law Review 175 (2021/2022) EDITOR'S NOTE: This article was adapted from Frank W. Munger & Carroll Seron, Race, Law, and Inequality, Fifty Years After the Civil Rights Era, 13 Ann. Rev. L. & Soc. Sci. 331 (2017). In 2020, America was once again required to confront its legacy of racial inequality. Widely viewed videos of police violence against Black Americans, a resurgent... 2022
Stella Burch Elias LAW AS A TOOL OF TERROR 107 Iowa Law Review 1 (November, 2021) The immigration laws and policies of the United States from January 2017 through January 2021 serve as a cautionary example of what may happen when the rule of law and the equitable administration of justice are subverted by policymakers pursuing an extreme and coercive political agenda. For four years the Trump Administration used its... 2021
Wadie E. Said Law Enforcement in the American Security State 2019 Wisconsin Law Review 819 (2019) This Article documents the evolution of the modern American police state and the symbiotic nature of the relationship between government actors across the three sectors of national security, domestic policing, and immigration enforcement. Policies from one area make their way into the other two, with the net result being that the powers of... 2019
Felice Batlan Law in the Time of Cholera: Disease, State Power, and Quarantines past and Future 80 Temple Law Review 53 (Spring 2007) I. Introduction. 54 II. A Brief History of Quarantine. 62 III. The 1892 Threatened Epidemics: Immigrants, Pesthouses, and Oysters. 68 A. Methodology. 68 B. The Most Modern of Facilities: The New York City Board of Health. 69 C. Frontiers: Immigration and Typhus. 72 D. The Erasure of the Juridical Being. 76 E. Awaiting Cholera. 79 F. Cholera and... 2007
Samuel Vincent Jones LAW SCHOOLS, CULTURAL COMPETENCY, AND ANTI-BLACK RACISM: THE LIBERTY OF DISCRIMINATION 21 Berkeley Journal of African-American Law & Policy 84 (2021) Introduction. 84 I. Do Law Schools Have Liberty to Discriminate Against Black Law Students?. 86 A. The Black Law Student Experience. 87 B. Law Schools and the Liberty to Foster Anti-Black Racism. 90 II. Should Law Schools Require Cultural Competency Instruction as a Means to Curtail Anti-Black Racial Discrimination?. 96 A. Cultural Competency... 2021
Kitty Calavita Law, Citizenship, and the Construction of (Some) Immigrant "Others" 30 Law and Social Inquiry 401 (Spring 2005) Rhael Salazar Parrenas. Servants of Globalization: Women, Migration, and Domestic Work. Palo Alto, Calif.: Stanford University Press, 2001. Pp. 309. $55.00 cloth; $21.95 paper. Bonnie Honig. Democracy and the Foreigner. Princeton, N.J.: Princeton University Press, 2001. Pp. 204. $39.95 cloth; $19.95 paper. Peter Schuck. Citizens, Strangers, and... 2005
Gideon Sapir , Mark Goldfeder Law, Religion, and Immigration: Building Bridges with Express Lanes 32 Emory International Law Review 201 (2018) This Article asks whether it can ever be moral or legal to use certain criteria, including nationality and/or religion, in formulating preferential immigration policies. In order to answer the question, it presents an in-depth look at the controversial right of return, focusing in particular on the example of the Israeli Law of Return. It... 2018
Rebecca Hayes Lawful Permanent Residency: What the United States Citizenship & Immigration Services Giveth, it Can Also Take Away 59 Boston College Law Review E-Supplement 329 (April 11, 2018) Abstract: Millions of foreigners strive to become Lawful Permanent Residents of the United States, but that status is limited to those immigrants who meet certain requirements and comply with extensive procedures. There is ample U.S. case law interpreting what it means to be lawfully admitted for permanent residence. Until the Sixth Circuit's... 2018
Michael A. Olivas Lawmakers Gone Wild? College Residency and the Response to Professor Kobach 61 SMU Law Review 99 (Winter 2008) Of critical importance is the fact that all four of the [September 11th] hijackers who were stopped by local police prior to 9/11 had violated federal immigration laws and could have been detained by the state or local police officers. Indeed, there were only five hijackers who were clearly in violation of immigration laws while in the United... 2008
Julia Simon-Kerr LAW'S CREDIBILITY PROBLEM 98 Washington Law Review 179 (March, 2023) Abstract: Credibility determinations often seal people's fates. They can determine outcomes at trial; they condition the provision of benefits, like social security; and they play an increasingly dispositive role in immigration proceedings. Yet there is no stable definition of credibility in the law. Courts and agencies diverge at the most basic... 2023
Nina Wang Laws Harsh as Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law. Lucy E. Salyer 31 Harvard Civil Rights-Civil Liberties Law Review 587 (Summer, 1996) Reputed to be a cultural melting pot and a nation of equality, the United States attracted more than 18.2 million voluntary immigrants during the Progressive Era, which spanned from 1890 to 1920. At the turn of the century, the United States symbolized economic opportunity and personal liberty for people seeking a better life. For many Chinese... 1996
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