Julia Hernandez Lawyering Close to Home 27 Clinical Law Review 131 (Fall, 2020) This essay incorporates ethnographic insights and narrative technique, rooted in part in Critical Race Theory and critical geography studies, to ground conversations about transformative pedagogy and praxis in the lived experiences of our students. Many of our students fight for radical social change and enter law school hoping to gain new tools... 2020
Laila L. Hlass LAWYERING FROM A DEPORTATION ABOLITION ETHIC 110 California Law Review 1597 (October, 2022) This Article contributes to the emerging literature on abolition within the immigration legal system by mapping deportation abolition theory onto lawyering practice. Deportation abolitionists work to end immigrant detention, enforcement, and deportation, explicitly understanding immigrant justice as part of a larger racial justice fight connected... 2022
Ingrid Eagly LEARNING FROM DEPORTED AMERICANS 50 Southwestern Law Review 333 (2021) When I was a deputy federal public defender in Los Angeles, I represented many individuals who were charged with the federal crime of illegal reentry. One client in particular still stands out in my memory. When I first met him in lock-up, he told me that he should not have been deported. When I asked why, the answer was simple: he was American. He... 2021
Caleb Ward LEARNING FROM THE PAST: USING KOREMATSU AND OTHER JAPANESE INTERNMENT CASES TO PROVIDE PROTECTIONS AGAINST IMMIGRATION DETENTIONS 73 Arkansas Law Review 841 (2021) Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore, Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! One of the darkest periods in modern United States history is reoccurring with mixed public approval. During World War II, the United States... 2021
Smita Ghosh , Mary Hoopes LEARNING TO DETAIN ASYLUM SEEKERS AND THE GROWTH OF MASS IMMIGRATION DETENTION IN THE UNITED STATES 46 Law and Social Inquiry 993 (November, 2021) Drawing upon an analysis of congressional records and media coverage from 1981 to 1996, this article examines the growth of mass immigration detention. It traces an important shift during this period: while detention began as an ad hoc executive initiative that was received with skepticism by the legislature, Congress was ultimately responsible for... 2021
David Christensen Leaving the Back Door Open: Italy's Response to Illegal Immigration 11 Georgetown Immigration Law Journal 461 (Spring, 1997) In recent years, the prosperous nations of Western Europe have experienced record levels of migration pressure, as immigrants and refugees from North Africa, Eastern Europe and other impoverished regions of the world have arrived in ever-increasing numbers seeking stability and economic opportunity. To control this inflow, Western European... 1997
Anita Ortiz Maddali Left Behind: the Dying Principle of Family Reunification under Immigration Law 50 University of Michigan Journal of Law Reform 107 (Fall, 2016) A key underpinning of modern U.S. immigration law is family reunification, but in practice it can privilege certain families and certain members within families. Drawing on legislative history, this Article examines the origins and objectives of the principle of family reunification in immigration law and relies on legal scholarship and... 2016
Jennifer M. Chacón LEGAL BORDERLANDS AND IMPERIAL LEGACIES: A RESPONSE TO MAGGIE BLACKHAWK'S THE CONSTITUTION OF AMERICAN COLONIALISM 137 Harvard Law Review Forum 1 (November, 2023) What are the borderlands? In her brilliant and sweeping exploration of the constitution of American colonialism, Professor Maggie Blackhawk references the borderlands dozens of times. She ultimately looks to the borderlands for constitutional salvation, extracting six principles of borderlands constitutionalism that she urges us to reckon with... 2023
Daniel Kanstroom Legal Lines in Shifting Sand: Immigration Law and Human Rights in the Wake of September 11th 25 Boston College Third World Law Journal L.J. 1 (Winter, 2005) Abstract: In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the... 2005
Leila Kawar Legal Mobilization on the Terrain of the State: Creating a Field of Immigrant Rights Lawyering in France and the United States 36 Law and Social Inquiry 354 (Spring, 2011) Scholarship on law and social movements has focused attention primarily on the United States, and secondarily on countries that share the Anglo-American legal tradition. The politics of law and social movements in other national legal contexts remains under examined. The analysis in this article contrasts legal mobilizations for immigrant rights in... 2011
Evan J. Criddle LEGAL ORDER AT THE BORDER 56 U.C. Davis Law Review 1503 (April, 2023) For generations, the United States has grappled with high levels of illegal immigration across the U.S.-Mexico border. This Article offers a novel theoretical framework to explain why legal order remains elusive at the border. Drawing inspiration from Lon Fuller's interactional view of law, I argue that immigration law cannot attract compliance... 2023
Amada Armenta, Department of Urban Planning, University of California, Los Angeles Legal Passing: Navigating Undocumented Life and Local Immigration Law. By Angela S. García. Oakland: University of California Press, 2019 53 Law and Society Review 1390 (December, 2019) Angela S. García's excellent new book, Legal Passing: Navigating Undocumented Life and Local Immigration Law examines how federal, state, and local immigration laws shape the daily lives of undocumented Mexican immigrants. With clear prose and penetrating detail, the book upends popular narratives that depict undocumented immigrants as passively... 2019
Kevin E. Davis LEGAL RESPONSES TO BLACK SUBORDINATION, GLOBAL PERSPECTIVES 134 Harvard Law Review Forum 359 (June 1, 2021) [I]n order to win and bring as many people with us along the way, we must move beyond the narrow nationalism that is all too prevalent in Black communities. --Black Lives Matter Around the world, people of African descent (Afro-descendants)--to use one of the broadest possible definitions of Blackness--are overrepresented among the poor and... 2021
Tommaso Tani Legal Responsibility for False News 8 Journal of International Media & Entertainment Law 229 (2019-2020) In 2016 and 2017, the debate about false news reached its peak, leading several authors to a new specific legal categorization that explored a new limitation on freedom of speech. This article starts with an analysis of different frameworks (from the U.S. and Europe) that can be applied to design such limitations as well as their philosophical... 2020
Cara Tonucci Legalizing the Immigration Posse 68 National Lawyers Guild Review Rev. 1 (Spring, 2011) The devolution of immigration enforcement is threatening to undermine the Fourth Amendment protections that protect all individuals from government intrusion and the trust that communities invest in local law enforcement--the very trust that provides the local law enforcement legitimacy. Section 287(g) of the United States Code authorizes the... 2011
Jennifer J. Lee LEGALIZING UNDOCUMENTED WORK 42 Cardozo Law Review 1893 (September, 2021) C1-2Table of Contents Introduction. 1894 I. Migration and Work. 1902 A. Plight of Undocumented Workers. 1902 B. Recognition of Employer Exploitation. 1907 C. Moral Disapproval of Illegal Workers. 1909 II. Reconceptualizing the Undocumented Worker. 1913 A. Equality. 1914 B. Freedom. 1917 C. Contending with Illegality. 1920 III. Benefits of the... 2021
Mona Alsaidi LEGALLY WHITE, EFFECTIVELY OTHERED: RECOGNIZING AND INVESTING IN ARAB AMERICAN COMMUNITIES 94 Temple Law Review 99 (Fall, 2021) During the first presidential debate in September 2020, President Biden effortlessly spoke the Arabic phrase inshallah, meaning God willing. President Biden's use of the phrase did not go unnoticed--some viewed it as a nod to Arabs and Muslims, and others criticized it as pandering or inappropriate. About a month after this debate, then-candidate... 2021
Gillian R. Chadwick Legitimating the Transnational Family 42 Harvard Journal of Law & Gender 257 (Summer, 2019) Legitimation represents a widening chasm at the intersection of immigration and family law. Agencies' and courts' persistent misguided reliance on biology as a paramount dispositive factor in determining who qualifies as a family for the purposes of immigration and nationality is increasingly at odds with family law's growing aspiration of a... 2019
Daniel S. Harawa LEMONADE: A RACIAL JUSTICE REFRAMING OF THE ROBERTS COURT'S CRIMINAL JURISPRUDENCE 110 California Law Review 681 (June, 2022) The saying goes, when life gives you lemons, make lemonade. When it comes to the Supreme Court's criminal jurisprudence and its relationship to racial (in)equity, progressive scholars often focus on the tartness of the lemons. In particular, they have studied how the Court often ignores race in its criminal decisions, a move that in turn reifies a... 2022
Emily Ryo Less Enforcement, More Compliance: Rethinking Unauthorized Migration 62 UCLA Law Review 622 (March, 2015) A common assumption underlying the current public discourse and legal treatment of unauthorized immigrants is that unauthorized immigrants are lawless individuals who will break the law -- any law -- in search of economic gain. This notion persists despite substantial empirical evidence to the contrary. Drawing on original empirical data, this... 2015
Kevin R. Johnson Lessons about the Future of Immigration Law from the Rise and Fall of Daca 52 U.C. Davis Law Review 343 (November, 2018) Observers spanning the political spectrum have characterized the American immigration system as broken. Unfortunately, Congress for many years has been unable to forge agreement on the appropriate set of reforms, including a path for regularizing the legal status of the approximately eleven million undocumented immigrants living in the United... 2018
Shajuti Hossain Lessons from Blackamerican Lawyers' Social Justice Advocacy for Immigrant Muslim Lawyers 24 U.C. Davis Social Justice Law Review 63 (Summer, 2020) About seven-in-ten American Muslims (69%) believe that working for justice . is essential to their identity. Blackamerican Muslim lawyers provide a particularly strong example of social justice advocacy. Today, immigrant Muslim lawyers are fighting against injustice as well. Although their histories and experiences differ significantly, immigrant... 2020
Davis Lovvorn LESSONS FROM VIETNAM: INFORMING REFUGEE POLICY IN HAITI AND AFGHANISTAN FROM POST-VIETNAM UNITED STATES POLICY 37 Notre Dame Journal of Law, Ethics & Public Policy 299 (2023) On August 30, 2021, the United States ended its longest-ever war, which lasted for more than twenty years, when C-17 Globemaster military cargo planes completed their final evacuation mission from Kabul International Airport in Afghanistan's capital. The C-17 Globemaster cargo planes had not only been a familiar sight during those brief days in... 2023
Ana Romero-Bosch Lessons in Legal History--eugenics & Genetics 11 Michigan State University Journal of Medicine & Law 89 (Winter, 2007) C1-3Table of Contents Introduction. 90 I. Historical Development. 91 II. Legal and Societal Impact. 93 A. Social Origins. 94 B. Scientific Origins. 95 C. Legal History: Sterilization Laws, Marriage Restriction, & Immigration Restriction. 96 1. Sterilization Laws. 96 2. Marriage and Immigration Laws. 97 D. Famous Supporters. 98 III. Later... 2007
Rebekah Ross LET INDIANS DECIDE: HOW RESTRICTING BORDER PASSAGE BY BLOOD QUANTUM INFRINGES ON TRIBAL SOVEREIGNTY 96 Washington Law Review 311 (March, 2021) American immigration laws have been explicitly racial throughout most of the country's history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)--all but one. Section 289 of the INA allows American Indians born in Canada to... 2021
Ming H. Chen Leveraging Social Science Expertise in Immigration Policymaking 112 Northwestern University Law Review Online 281 (May 17, 2018) Abstract--The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social... 2018
Bijal Shah Lgbt Identity in Immigration 45 Columbia Human Rights Law Review 100 (Fall, 2013) The partial invalidation of the Defense of Marriage Act (DOMA) and national focus on comprehensive immigration reform has brought lesbian, gay, bisexual, and transgender (LGBT) immigrants to the forefront. This Article is the first to undertake a close examination of asymmetries in the impact of LGBT identity on access to United States citizenship.... 2013
Patrisia Macías-Rojas LIBERAL POLICIES, PUNITIVE EFFECTS: THE POLITICS OF ENFORCEMENT DISCRETION ON THE US-MEXICO BORDER 46 Law and Social Inquiry 69 (February, 2021) This article examines why deportation and imprisonment for immigration offenses rose under presidential administrations that claimed to favor more humane approaches to immigration enforcement. I examine the politics of enforcement discretion on the US-Mexico border during the administrations of Bill Clinton (1993-2001) and Barack Obama (2009-17).... 2021
Eric R. Claeys LIBERALISM, PATRIOTISM, AND COSMOPOLITANISM IN LOCAL CITIZENSHIP IN A GLOBAL AGE 8 Texas A&M Journal of Property Law 1 (December 29, 2021) I. Introduction. 1 II. The Argument of Local Citizenship in a Global Age. 4 III. Assessing Local Citizenship in a Global Age. 6 IV. Immigration, Citizenship, and Cosmopolitanism. 8 V. Natural Rights, Cosmopolitanism, and Patriotism. 11 VI. Coopting Patriotism for Liberalism and Natural Rights. 12 VII. Reconsidering Local Citizenship in a Global... 2021
Athena D. Mutua Liberalism's Identity Politics: a Response to Professor Fukuyama 23 University of Pennsylvania Journal of Law and Social Change 27 (2020) INTRODUCTION. 27 I. FUKUYAMA'S ARGUMENT, BRIEFLY OUTLINED. 28 II. RECOGNITION V. DISTRIBUTION (ECONOMIC) CLAIMS. 32 III. ORIGIN STORY: LIBERALISM'S IDENTITY POLITICS. 35 A. A Post Civil War Frame?. 37 B. Distributional Claims & Advocacy, Multiculturalism & Colorblindness. 39 C. Same Ole Economics and White Supremacy. 42 D. Political Correctness and... 2020
Howard F. Chang Liberalized Immigration as Free Trade: Economic Welfare and the Optimal Immigration Policy 145 University of Pennsylvania Law Review 1147 (May, 1997) Introduction. 1148 I. National Economic Welfare. 1157 A. Effects of Immigration Through the Labor Market. 1158 B. External Effects of Immigration. 1163 C. The Optimal Tariff on Unskilled Immigrants. 1166 D. The Optimal Tariff on Skilled Immigrants. 1168 E. Immigration of Nuclear Families. 1172 F. Future Generations. 1172 G. Avoiding External Costs.... 1997
Tisha R. Tallman Liberty, Justice, and Equality: an Examination of Past, Present, and Proposed Immigration Policy Reform Legislation 30 North Carolina Journal of International Law and Commercial Regulation 869 (Summer 2005) I. Introduction. 869 II. The Current State. 872 A. The Current System: The Problem Defined. 872 B. The Current Immigration Structure. 873 C. Current Immigration Enforcement Policies. 874 D. Our Current System's Relation to Labor. 879 E. Positive Economic Contributions of Immigrants. 881 III. A Historical Perspective. 883 IV. Proposed Legislation.... 2005
Panelists Hasan Shafiqullah, Amy Taylor, Martin Batalla, Michael Wildes, Anthony Enriquez, Moderated by: Javeria Ahmed, Attorney-in-Charge, Immigration Law Unit, The Legal Aid Society, Director of Legal Services, Make the Road New York, Member, Make the R Life after Daca: Immigration Reform in the Age of Trump 24 Cardozo Journal of Equal Rights & Social Justice 105 (Fall, 2017) MS. JAVERIA AHMED: Hi everyone. Can you hear me okay? Welcome to the Fall Symposium for the Journal of Equal Rights and Social Justice. My name is Javeria Ahmed, I'm the Editor in Chief and I'm really excited to have you guys with us tonight. The topic that we'll be discussing is the revocation of DACA, or the Deferred Action for Childhood Arrivals... 2017
Nadia E. Brown , Danielle C. Lemi Life for Me Ain't Been No Crystal Stair: Black Women Candidates and the Democratic Party 100 Boston University Law Review 1613 (October, 2020) C1-2Contents Introduction. 1614 I. Black Women Candidates and Party Politics. 1617 A. Democratic Party. 1617 B. Black Women Candidates. 1620 II. Data and Methods. 1623 A. The Sample. 1623 B. The Method. 1625 III. Black Women Candidates' Experiences with the Democratic Party. 1626 A. The Democratic Party: Gatekeeping and Racial Politics. 1626 B. The... 2020
Leslye Orloff Lifesaving Welfare Safety Net Access for Battered Immigrant Women and Children: Accomplishments and next Steps 7 William and Mary Journal of Women and the Law 597 (Spring, 2001) The United States is currently experiencing one of the largest waves of immigration in its history. Contrary to common assumptions, more than half of new immigrants are women. Despite this fact, U.S. immigration policy and most agencies serving immigrants have remained blind to gender differences and have treated all immigrants alike. Immigrant... 2001
Juliet P. Stumpf, Stephen Manning LIMINAL IMMIGRATION LAW 108 Iowa Law Review 1531 (May, 2023) ABSTRACT: Liminal immigration rules operate powerfully beyond the edge of traditional law to govern the movement of people across borders and their interactions with the immigration system within the United States. This Article illuminates this body of liminal law, revealing how agencies and advocates have innovated to create widely followed... 2023
Cassandra Burke Robertson , Irina D. Manta Litigating Citizenship 73 Vanderbilt Law Review 757 (April, 2020) By what standard of proof--and by what procedures--can the U.S. government challenge citizenship status? That question has taken on greater urgency in recent years. News reports discuss cases of individuals whose passports were suddenly denied, even after the government had previously recognized their citizenship for years or even decades. The... 2020
Jason A. Gillmer LITIGATING SLAVERY'S REACH: A STORY OF RACE, RIGHTS, AND THE LAW DURING THE CALIFORNIA GOLD RUSH 56 Loyola of Los Angeles Law Review 499 (Spring, 2023) In May 1852, Charles Perkins decided he wanted his slaves back. Born in Mississippi, Charles emigrated to California in 1849 during the height of the Gold Rush. When he came, like hundreds of others from Southern states, he also brought three enslaved men with him. Following California's admission to the Union as a free state, however, Charles... 2023
Jason G. Idilbi Local Enforcement of Federal Immigration Law: Should North Carolina Communities Implement 287(g) Authority? 86 North Carolina Law Review 1710 (September, 2008) Introduction. 1710 I. Section 287(g) and the Structure and Enforcement of Federal Immigration Law at the State and Local Level. 1714 II. The Use of 287(g) Agreements in North Carolina and State Encouragement. 1718 III. The Effects of Immigration in North Carolina and Benefits of 287(g) Agreements. 1720 IV. Drawbacks of 287(g) Agreements. 1725 A.... 2008
Rick Su Local Fragmentation as Immigration Regulation 47 Houston Law Review 367 (Spring 2010) I. Introduction. 368 II. The Intersection of Immigration and Local Government Law. 371 A. Space, Immigration, and the Internalization of Boundary Controls. 373 1. The Multiple Significance of Spatial Fragmentation. 373 2. The Joint Construction of Spatial Fragmentation. 378 3. The Shared History of Spatial Fragmentation. 383 B. Community,... 2010
Ingrid V. Eagly Local Immigration Prosecution: a Study of Arizona Before Sb 1070 58 UCLA Law Review 1749 (August, 2011) Arizona's Senate Bill 1070 has focused attention on whether federal law preempts the prosecution of state immigration crime in local criminal courts. Absent from the current discussion, however, is an appreciation of how Arizona's existing body of criminal immigration law--passed well before SB 1070 and currently in force in the state--functions on... 2011
Azadeh Shahshahani Local Police Entanglement with Immigration Enforcement in Georgia 2017 Cardozo Law Review de novo 105 (2017) C1-2Table of Contents Introduction. 105 I. Section 287(g). 106 II. House Bill 87. 111 III. Secure Communities. 113 IV. Priority Enforcement Program. 116 Conclusion. 118 2017
Linda Reyna Yanez , Alfonso Soto Local Police Involvement in the Enforcement of Immigration Law 1 Hispanic Law Journal L.J. 9 (1994) C1-6TABLE OF CONTENTS L1-6 I. L2-5,T5Introduction 11 II. L2-5,T5Risk of Civil Rights Violations 12 A. L3-5,T5Reported Incidents 13 1. L4-5,T5United States v. Perez-Castro 14 2. L4-5,T5Cervantez v. Withfield 14 B. L3-5,T5Constitutional Standards at Issue 15 1. L4-5,T5Search and Seizure Law 16 2. L4-5,T5Equal Protection 20 III. L2-5,T5Defining the... 1994
Bharath Gururagavendran LOCATING NOVEL PROTECTIONS FOR THE TRADITIONAL KNOWLEDGE OF INDIGENOUS COMMUNITIES IN CUSTOMARY INTERNATIONAL LAW 27 UCLA Journal of International Law and Foreign Affairs 101 (Fall, 2023) The international community is currently in the process of establishing multiple frameworks for protecting the traditional knowledge (TK) of indigenous peoples including through initiatives such as the Nagoya Protocol (under the Convention on Biological Diversity (CBD)), and the Intergovernmental Committee on Intellectual Property and Genetic... 2023
Juliet P. Stumpf Looking for Wrongs in All the Right Places 42 New England Journal on Criminal and Civil Confinement 191 (Spring 2016) This contribution to the symposium on crimmigration law identifies Padilla v. Kentucky as the center of gravity of contemporary crimmigration law. This essay describes Padilla v. Kentucky as modeling a counter-intuitive approach to recognition of rights. Rather than seeking to sow a right to counsel in the contested field of immigration law,... 2016
James M. Rice Looking past the Label: an Analysis of the Measures Underlying "Sanctuary Cities" 48 University of Memphis Law Review 83 (Fall, 2017) I. Introduction. 85 II. Background. 90 A. Religious Community Development of the Sanctuary Movement. 90 B. Increased Interior Enforcement and the Expansion of the Sanctuary Movement. 92 III. Immigration Enforcement and The Impact of Sanctuary Measures. 96 A. Level of Immigration Enforcement. 97 B. The Effect of Sanctuary Measures on ICE. 98 1.... 2017
Kevin R. Johnson Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement 1993 Brigham Young University Law Review 1139 (1993) C1-3Table of Contents I. Introduction. 1140 II. Political Power of the New Immigrants. 1149 A. Immigrants Past and Present. 1150 1. Limitations on noncitizen influence. 1153 2. The vocal, sometimes successful, minority. 1158 B. The New Nativism and Its Impact. 1162 C. Political Failure and Haitian Repatriation. 1175 D. Preliminary Observations.... 1993
Juan F. Perea Los Olvidados: on the Making of Invisible People 70 New York University Law Review 965 (October, 1995) In his recent book, Latinos, Earl Shorris poignantly describes Bienvenida Petion, a Jewish Latino immigrant, who clings to her language and culture as if they were life itself. When Bienvenida dies, it is not of illness, but of English. Bienvenida dies of English when she is confined to a nursing home where no one speaks Spanish, an environment... 1995
Liav Orgad Love and War: Family Migration in Time of National Emergency 23 Georgetown Immigration Law Journal 85 (Fall, 2008) Is there a constitutional right to family-sponsored immigration? What does love have to do with it? Is family immigration about rights of citizens or interests of aliens? Can the nation invoke the war justification for regulating family immigration by excluding enemy aliens en masse? Can the nation stigmatize alien family members as a potential... 2008
Asees Bhasin LOVE IN THE TIME OF ICE: HOW PARENTS WITHOUT PAPERS ARE STRIPPED OF THE RIGHT TO RAISE THEIR CHILDREN IN A SAFE AND HEALTHY ENVIRONMENT 36 Georgetown Immigration Law Journal 875 (Spring, 2022) This Article analyzes narratives around immigrant reproduction and traces the construction of immigrants as bad and unfit parents. It seeks to connect these perceptions, which are driven by nativist and racist beliefs, to the formulation of laws and policies that are designed to unleash violence and fear on undocumented people and their families.... 2022
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