AuthorTitleCitationSummaryYear
Sandra Beltran, Esq. Ya Basta! The Solutions to Sexual Harassment in the Workplace for Women Janitors Working at Nighttime When Nobody Can Hear Them 55 University of San Francisco Law Review 69 (2020) YA BASTA! SAID LETICIA SOTO in a letter she wrote to her rapist when she referred to herself as the invisible woman. Leticia S., like many other Latina women, came to the United States with the hope of providing a better life for her children. Leticia S. came from Mexico City as a happy and hopeful single mother, who imagined herself singing... 2020
Danielle C. Jefferis Yearning to Breathe Free: Migration-related Confinement in America 106 Cornell Law Review Online 27 (October, 2020) Migrating to Prison: America's Obsession with Locking Up Immigrants. César Cuauhtémoc García Hernández. 2019. 190 pages. Introduction. 27 I. Give Me Your Tired, Your Poor, Your Huddled Masses. 32 II. The New Colossus. 35 III. Yearning to Breathe Free. 39 Conclusion. 44 When Diego Rivera Osorio was three years old, just over 1,000 nights had passed... 2020
Kari Hong 10 Reasons Why Congress Should Defund Ice's Deportation Force 43 Harbinger 40 (March 11, 2019) Calls to abolish ICE, the Immigration and Customs Enforcement agency tasked with deportations, are growing. ICE consists of two agencies - Homeland Security Investigations (HSI), which investigates transnational criminal matters, and Enforcement and Removal Operations (ERO), which deports non-citizens. The calls to abolish ICE focus on the latter,... 2019
Peter L. Markowitz Abolish Ice . And Then What? 129 Yale Law Journal Forum 130 (November 7, 2019) abstract. In recent years, activists and then politicians began calling for the abolition of the United States's interior immigration-enforcement agency: U.S. Immigration and Customs Enforcement (ICE). Many people have misinterpreted the call to Abolish ICE as merely a spontaneous rhetorical device used to express outrage at the current... 2019
Allison Crennen-Dunlap Abolishing the Iceberg 96 Denver Law Review Online 148 (2019) 2018 was a difficult year for many migrants and their allies. In February, the Supreme Court held that the Immigration and Nationality Act permits the seemingly indefinite detention of certain migrants in removal proceedings without a bond hearing. In April, then-Attorney General Jefferson Sessions announced a zero tolerance policy that created... 2019
Antonio Iglesias Abolishing the Private Prison Industry's Evolving Influence on Immigrant Oppression 25 Cardozo Journal of Equal Rights & Social Justice 293 (Winter, 2019) C1-2Table of Contents Introduction. 294 I. Background. 295 A. The Growth of the Private Prison Industry. 296 B. The Continued Rise in Immigration Detention. 299 C. The Private Prison Industry's Extensive Role in Immigration Detention. 301 D. The Growing Influence of The Private Prison Industry In The Political And Legislative Process To Secure Its... 2019
Pratheepan Gulasekaram , Rick Su , Rose Cuison Villazor Anti-sanctuary and Immigration Localism 119 Columbia Law Review 837 (April, 2019) A new front in the war against sanctuary cities has emerged. Until recently, the fight against sanctuary cities has largely focused on the federal government's efforts to defund states like California and cities like Chicago and New York for resisting federal immigration enforcement. Thus far, localities have mainly prevailed against this federal... 2019
Amit Jain Bureaucrats in Robes: Immigration "Judges" and the Trappings of "Courts" 33 Georgetown Immigration Law Journal 261 (Winter, 2019) As U.S. immigration policy and its human impact gain popular salience, some have questioned whether immigration courts--often the first-line adjudicators of deportation--are courts at all in the American adversarial legal tradition. This Article aims to answer this question through a focus on the role of the immigration judge (IJ). Informed by... 2019
Shani M. King Child Migrants and America's Evolving Immigration Mission 32 Harvard Human Rights Journal 59 (Spring, 2019) This Article explores the many challenges--legal and otherwise--that child migrants face as they attempt to navigate the complex web of courts, laws, and shifting political landscapes to become naturalized United States citizens, while putting these challenges in the context of an immigration system that has long been shaped by politics of... 2019
Sarah L. Hamilton-Jiang Children of a Lesser God: Reconceptualizing Race in Immigration Law 15 Northwestern Journal of Law & Social Policy 38 (Fall, 2019) The increased public exposure to the experiences of Latinx unaccompanied children seeking entry at the United States southern border has revealed the lived reality of the nation's pernicious immigration laws. The harrowing experiences of unaccompanied children are amplified by their interaction with a legal system plagued by a legacy of systemic... 2019
Allan Colbern, Melanie Amoroso-Pohl, Courtney Gutiérrez Contextualizing Sanctuary Policy Development in the United States: Conceptual and Constitutional Underpinnings, 1979 to 2018 46 Fordham Urban Law Journal 489 (June, 2019) Introduction. 490 I. Approaches to Understanding Sanctuary. 495 A. Typological-Legal Approach. 496 B. Historical-Legal Approach. 502 C. Historical-Moral Approach. 507 D. Policy-Data Approach. 509 II. Sanctuary Policy Development. 511 A. Period 1: 1979-1995 Sanctuary from Immigration Law. 515 1. Church Sanctuary Movement. 517 2. Moral Activism... 2019
Shirley Lung Criminalizing Work and Non-work: the Disciplining of Immigrant and African American Workers 14 University of Massachusetts Law Review 290 (Spring, 2019) The realities of low-wage work in the United States challenge our basic notions of freedom and equality. Many low-wage workers share the condition of being stuck in jobs toiling excessive hours against their will for less than poverty wages in autocratic workplaces. Yet the racial politics of immigration and labor are often used to stir hostility... 2019
Rottem Rosenberg Rubins Crimmigration as Population Management in the "Control Society": Lessons from the Detention of Asylum-seekers in Israel 22 New Criminal Law Review 236 (Summer, 2019) Scholars have offered various accounts of the forces that have caused the contemporary convergence of immigration enforcement and criminal law enforcement, known as crimmigration. This article argues that such accounts are insufficient, either because they have difficulty explaining the concrete practices by which crimmigration regimes operate,... 2019
Josué López Crt and Immigration: Settler Colonialism, Foreign Indigeneity, and the Education of Racial Perception 19 University of Maryland Law Journal of Race, Religion, Gender and Class 134 (Spring, 2019) A wall will not end immigration, and neither will immigration laws and policies. Rather, these policies and practices serve to dehumanize immigrants and position them in precarious legal positions where their personhood is constantly called into question. Analyses of immigration from Latin America do not usually focus on Indigenous peoples. When... 2019
Hon. George F. Phelan , Donald G. Tye , Tannaz N. Saponaro , Eva A. Millona Culture and the Immigrant Experience: Navigating Family Courts 32 Journal of the American Academy of Matrimonial Lawyers 89 (2019) This article explores the impact of the immigrant experience in America and the challenges faced not only by immigrants in their new land but also their imported memories and experiences, including dominance and oppression in their national culture. These trauma-based experiences, including domestic abuse, are depicted through the perspectives of... 2019
Lori A. Nessel Deporting America's Children: the Demise of Discretion and Family Values in Immigration Law 61 Arizona Law Review 605 (2019) Deportation may result . in loss of both property and life, or of all that makes life worth living. In approaching cases . in which federal constitutional rights are asserted, it is incumbent on us to inquire not merely whether those rights have been denied in express terms, but also whether they have been denied in substance and effect.... 2019
Aaron Korthuis Detention and Deterrence: Insights from the Early Years of Immigration Detention at the Border 129 Yale Law Journal Forum 238 (November 25, 2019) ABSTRACT: Throughout the past several years, in the Trump and Obama Administrations alike, federal immigration authorities have advanced the use of detention as a deterrent to dissuade immigrants from seeking refuge in the United States. That detention often lasts for months, and even years, causing some immigrants to give up their cases, while... 2019
Christopher Mendez Dignity Takings in Leviathanic Immigration Proceedings 21 Scholar: St. Mary's Law Review on Race and Social Justice 403 (2019) Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status... 2019
Gregory Taylor Dillon's Rule: a Check on Sheriffs' Authority to Enter 287(g) Agreements 68 American University Law Review 1053 (February, 2019) Authority to enforce federal immigration policy in the United States is a power traditionally left exclusively to federal government agents. However, § 287(g) of the Immigration and Nationality Act provides a legal framework for state and local law enforcement to carry out federal immigration policy by entering a written agreement with the federal... 2019
Mari Matsuda Dissent in a Crowded Theater 72 SMU Law Review 441 (Summer, 2019) C1-3TABLE OF CONTENTS I. INTRODUCTION: DEFINING IMMINENT THREAT. 441 II. THE KKK AND THE BURNING CROSS: HATE SPEECH IN CONTEXT. 443 III. CONCLUSION: EQUALITY CONSTRUCTS LIBERTY. 454 2019
Michelle Adams, Derek W. Black Equality of Opportunity and the Schoolhouse Gate, the Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind by Justin Driver Penguin Random House, 2018 128 Yale Law Journal 2302 (June, 2019) Public schools have generated some of the most far-reaching cases to come before the Supreme Court. They have involved nearly every major civil right and liberty found in the Bill of Rights. The cases are often reflections of larger societal ills and anxieties, from segregation and immigration to religion and civil discourse over war. In that... 2019
Fatma E. Marouf Executive Overreaching in Immigration Adjudication 93 Tulane Law Review 707 (April, 2019) While Presidents have broad powers over immigration, they have traditionally shown restraint when it comes to influencing the adjudication of individual cases. The Trump Administration, however, has pushed past such conventional constraints. This Article examines executive overreaching in immigration adjudication by analyzing three types of... 2019
Stephen Lee Family Separation as Slow Death 119 Columbia Law Review 2319 (December, 2019) During the Trump Administration, disturbing images of immigration officials forcibly separating parents from their children at the U.S.-Mexico border have rightly invited an onslaught of criticism. Voices across the political spectrum have called these actions immoral and insisted that this is not who we are. The underlying moral imperative of this... 2019
Shayak Sarkar Financial Immigration Federalism 107 Georgetown Law Journal 1561 (August, 2019) Federal preemption doctrine constrains state power over undocumented immigrants. As courts and commentators focus on disputes over policing and removal, led by sanctuary cities and states, they overlook what I call financial immigration federalism. This Article uncovers emerging forms of financial immigration federalism while also reconsidering... 2019
Craig Estlinbaum Foreword 60 South Texas Law Review 219 (2019) South Texas Law Review's 25th Annual Ethics Symposium in Criminal Law arrives at a critically important time. Criminal law reform has become a major discussion point around the state and nation in recent years. The discussions frequently focus on issues such as wrongful convictions, over-incarceration, racial disparities, immigration matters and... 2019
Penelope Andrews, New York Law School From Prohibited Immigrants to Citizens: the Origins of Citizenship and Nationality in South Africa. By Jonathan Klaaren. Cape Town: Uct Press, 2017 53 Law and Society Review 616 (June, 2019) Jonathan Klaaren has written an important study of the historic formation of South African citizenship against the backdrop of its admirable 1996 Constitution and Bill of Rights, its embrace of dignity and equality as founding principles, and especially the commitment in the Preamble: We, the people of South Africa . believe that South Africa... 2019
Amy Seilliere How Voluntary Abandonment of Permanent Resident Status and Coercion Don't Mix 51 University of the Pacific Law Review 155 (2019) C1-2Table of Contents I. Introduction. 156 II. Background Of Immigration Issues and Form I-407. 158 A. Presumption of Abandonment of Permanent Resident Status Upon Leaving United States for a Long Period of Time. 159 B. Purpose and Advantages of Form I-407. 160 C. Internal Agency Documents and Manuals Regarding Form I-407. 161 III. How Do We Know... 2019
Lauren D. Allen Illegal Encouragement: the Federal Statute That Makes it Illegal to "Encourage" Immigrants to Come to the United States and Why it Is Unconstitutionally Overbroad 60 Boston College Law Review 1205 (April, 2019) Abstract: Section 1324(a)(1)(A)(iv) of Title 8 of the United States Code makes it illegal to encourage an alien to come to or reside in the United States. Since that section's 1986 amendment, the circuits have struggled to adopt a consistent definition for encourage. Though some circuits have adopted a broad definition, the Third Circuit has... 2019
Vanessa Canuto Immigrants Are "People" Too: Constitutionalizing Free Speech Protections for Undocumented Immigrants 17 First Amendment Law Review 403 (Spring, 2019) Imagine being a child trapped in a warehouse without your parents, no one to comfort you, and no knowledge of where your family is. Some children are forced to endure this at a young age, but most people cannot fathom the thought. This unfortunate reality is what the U.S. Border Patrol has been ordered to do to hundreds of children who are... 2019
Judge Rosemary Barkett Immigrants, Refugees and Women: International Obligations and the United States 33 Emory International Law Review 493 (2019) PROFESSOR ABDULLAHI AN-NA'IM: Hello. My name is Abdullahi An-Na'im. I teach here at Emory Law School. I am responsible for a center called Center for International and Comparative Law. It is set in the [indiscernible] place in the corner where nobody seems to go. But please, we are delighted that you are here. This is really the highlight of our... 2019
Karla McKanders Immigration and Blackness 44 Human Rights 20 (2019) Ms. L and her daughter S.S. entered the United States to apply for asylum in November 2017. The Catholic Church helped them flee persecution from their home country. They traveled through 10 countries over four months and requested asylum when they legally presented themselves at a port of entry near San Diego. Ms. L entered California along with... 2019
Kate Evans Immigration Detainers, Local Discretion, and State Law's Historical Constraints 84 Brooklyn Law Review 1085 (Summer, 2019) The Trump administration assumed office armed with promises to eradicate unlawful immigration through an all-out assault. There would be no exceptions; everyone was a priority. The administration equated migrants with criminals in statement after statement. President Obama's [f]elons not families became a rallying cry for the Trump administration... 2019
Veena Bansal Immigration Status in Jury Trials: State Legislature & State Supreme Court Involvement in Combatting Jury Bias 56 American Criminal Law Review Online Online 1 (Winter, 2019) In 2018, immigration was a controversial issue. On July 18, 2018 Mollie Tibbetts, a 20-year old student, was abducted while jogging through the rural town of Brooklyn, Iowa. She disappeared without a trace and her story took the news by storm. Over a month later, police arrested alleged undocumented immigrant, Cristian Rivera, for Mollie's murder.... 2019
Karla Mari McKanders Immigration to Blue Cities in Red States: the Battleground Between Sanctuary and Exclusion 21 University of Pennsylvania Journal of Constitutional Law 1051 (March, 2019) An ongoing intrastate immigration regulation battle between cities, municipalities, and states with the Trump Administration intervening with litigation and executive orders has dominated the immigration federalism landscape. Some states, cities, and localities have passed sanctuary laws and policies seeking to protect immigrant communities by not... 2019
Shani M. King Immigration, Adoption and Our National Identity 26 Duke Journal of Gender Law & Policy 85 (Spring, 2019) C1-2Table of Contents I. Introduction. 85 II. Intercountry Adoption: A Brief History. 86 A. Sending Countries. 87 B. Receiving Countries. 92 III. Legal Developments. 96 A. From Ad Hoc Response to Official Policy. 99 B. The Hague Convention and Its Implications for U.S. Policy. 100 IV. Conclusion. 106 2019
César García Hernández Incarcerating Migrants 60 South Texas Law Review 435 (2019) I'm going to steer us in a somewhat different direction, at least during the portion of my prepared remarks. I'm happy to talk about other issues about the intersection of criminal immigration law in the questions. But in my prepared remarks, I really want to take our focus out of the narrow and the more technical considerations about statutory... 2019
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
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
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
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
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
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
Camille J. Mackler Most RelevantA 'Lawyers Caravan' Brings Legal Services to Upstate Immigrant Communities 91-OCT New York State Bar Journal 29 (September/October, 2019) Sitting on the side of a country road, waiting for a young Guatemalan woman to emerge from a small clapboard house so that I could drive her to a local church, was not what I envisioned doing as a lawyer all those years ago in law school. Yet last May there I was, deep in New York's North Country, doing just that. Behind the small house, which was... 2019
David Cook-Martín , David Scott FitzGerald Most RelevantHow Their Laws Affect Our Laws: Mechanisms of Immigration Policy Diffusion in the Americas, 1790-2010 53 Law and Society Review 41 (March, 2019) Why do laws become similar across countries? Is the adoption of similar laws and policies due to factors operating independently within each country? Do countries develop similar rules in response to similar challenges? Or is the similarity of laws and policies due to the interdependent responses that scholars have referred to as processes of... 2019
David Hòa Khoa Nguy<>n Nativism in Immigration: the Racial Politics of Educational Sanctuaries 19 University of Maryland Law Journal of Race, Religion, Gender and Class 102 (Spring, 2019) While comprehensive immigration reform--specifically the DREAM Act -- has yet to be passed and implemented, President Obama's Deferred Action for Childhood Arrivals (DACA) has opened access and opportunities for undocumented students. However, the election of President Donald Trump has sparked contentious political, societal, and litigious debates,... 2019
Garrett L. Hartley No Sanctuary: an Analysis of the Trump Administration's War on Sanctuary Jurisdictions 49 Cumberland Law Review 355 (2018-2019) The emergence of sanctuary jurisdictions over the past three decades has given rise to new issues of federalism in immigration enforcement. The increasing number of state and local authorities that refuse to comply with federal immigration requirements has created a tension between these jurisdictions and the federal government. This has culminated... 2019
Susan Bibler Coutin 'Otro Mundo Es Posible': Tempering the Power of Immigration Law Through Activism, Advocacy, and Action 67 Buffalo Law Review 653 (May, 2019) Since the late 1970s, when the United States Congress commissioned the Select Commission on Immigration and Refugee Policy to reevaluate immigration law and policy, public debate over immigration to the United States has become increasingly intense and polarized. In recent years, United States President Donald J. Trump has denounced Mexican... 2019
Shalini Bhargava Ray Plenary Power and Animus in Immigration Law 80 Ohio State Law Journal 13 (2019) After a campaign denigrating Muslims as sick people, blaming the children of Muslim Americans for terrorism, and promising to shut down Muslim immigration, and mere days after his inauguration, President Donald J. Trump banned the nationals of seven majority-Muslim countries from entry into the United States. In the litigation that followed,... 2019
Emily Ryo Predicting Danger in Immigration Courts 44 Law and Social Inquiry 227 (February, 2019) Every year, the US government detains thousands of noncitizens in removal proceedings on the basis that they might pose a threat to public safety if released during the pendency of their removal proceedings. Using original audio recording data on immigration bond hearings, this study examines immigration judges' determinations regarding which... 2019
Dan Ordorica Presidential Power and American Fear: a History of Ina § 212(f) 99 Boston University Law Review 1839 (September, 2019) This Note details the legislative history of § 212(f) of the Immigration and Nationality Act of 1952, which empowers the President to unilaterally restrict entry to the United States by any noncitizen. In 2016, President Trump fully embraced this power in implementing a broad travel ban against citizens of eight nations. In order to better... 2019
15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32