| Author | Title | Citation | Summary | Year |
| Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills |
'Race, Racism, and American Law': a Seminar from the Indigenous, Black, and Immigrant Legal Perspectives |
21 Scholar: St. Mary's Law Review on Race and Social Justice Just. 1 (2019) |
Introduction. 2 I. Our Approach: Themes, Goals, and Collaboration. 9 A. Common Threads and Themes. 9 B. Self-Disclosure, Objectivity, and Reflective Practice. 12 C. Collaboration. 17 D. Lawyering Skills. 19 II. The Class: Objectives, Schedule, and Assessments. 20 III. How the Class Unfolded: Issues and Related Events. 26 IV. Lessons Learned. 28... |
2019 |
| Annie Flanagan |
Resisting Racialized Immigration Enforcement Through Community Bond Funds |
11 Georgetown Journal of Law & Modern Critical Race Perspectives 45 (Spring, 2019) |
C1-3Table of Contents I. Introduction. 45 II. Immigration Detention. 49 A. Development of the Legal Framework for Immigration Detention. 49 B. The Experience of Immigration Detention. 50 C. Race, Crime, and Enforcement of Immigration Laws. 51 III. The Pretrial Justice Movement. 52 A. Historical Development of the Movement. 53 B. Lessons from... |
2019 |
| David Hòa Khoa Nguyen |
Sanctuary Schools in the P-20 Pipeline: Policies to Consider |
368 West's Education Law Reporter 583 (October 3, 2019) |
President Trump's immigration policies have sparked contentious political, societal, and litigious debates surrounding undocumented immigration and specifically education for undocumented students. In response, many municipalities and college campuses have declared themselves as sanctuaries-adopting policies to refuse to collaborate and cooperate... |
2019 |
| Casey L. Chalbeck |
Separating the Hands: Why Reorganization-oriented Abolitionism Won't Meaningfully Change Ice |
34 Georgetown Immigration Law Journal 79 (Fall, 2019) |
Under this president, who's now letting us do our job and taking the handcuffs off the men and women of the Border Patrol and ICE, arrests are up. - Thomas Homan, Former Immigration and Customs Enforcement Acting Director. Any essential functions carried out by ICE that do not violate fundamental due process and human rights can be executed with... |
2019 |
| Huyen Pham , Pham Hoang Van |
Subfederal Immigration Regulation and the Trump Effect |
94 New York University Law Review 125 (April, 2019) |
The restrictive changes made by the Trump presidency on U.S. immigration policy have been widely reported: the significant increases in both interior and border enforcement, the travel ban prohibiting immigration from majority-Muslim countries, and the decision to terminate the Deferred Action for Childhood Arrivals (DACA) program. Beyond the... |
2019 |
| David A. Super |
The Future of U.s. Immigration Law |
53 U.C. Davis Law Review 509 (November, 2019) |
President Trump has exposed the longstanding inadequacy in the accepted model of immigration law. This model assumes that preferences range linearly from strongly pro-immigrant to strongly anti-immigrant, with centrist business groups holding the balance of power. This linear model ignores fundamental differences among family-based, humanitarian,... |
2019 |
| Eisha Jain |
The Interior Structure of Immigration Enforcement |
167 University of Pennsylvania Law Review 1463 (May, 2019) |
Deportation dominates immigration policy debates, yet it amounts to a fraction of the work the immigration enforcement system does. This Article maps the interior structure of immigration enforcement, and it seeks to show how attention to its structure offers both practical and conceptual payoffs for contemporary enforcement debates. First,... |
2019 |
| Tremaine Hemans |
The Intersection of Race, Bond, and "Crimmigration" in the United States Immigration Detention System |
22 University of the District of Columbia Law Review 69 (Spring, 2019) |
The United States (U.S.) Supreme Court's recent decision in Jennings v. Rodríguez has potentially opened another avenue for people of color to become entangled in the U.S.' predatory immigration system, through the denial of bail hearings. Denial of periodic bond hearings ensures that many detainees in immigration facilities will be held... |
2019 |
| Mila Sohoni |
The Trump Administration and the Law of the Lochner Era |
107 Georgetown Law Journal 1323 (May, 2019) |
During the Lochner era, the Supreme Court shielded liberty of contract and property rights; it privileged private ordering and restrained the reach of government regulation; and it embraced robust conceptions of national sovereignty with respect to immigration and trade. Though Lochner itself remains an anti-canonical case, many of the conceptions... |
2019 |
| Rose Cuison Villazor , Kevin R. Johnson |
The Trump Administration and the War on Immigration Diversity |
54 Wake Forest Law Review 575 (Spring, 2019) |
As candidate and President, Donald Trump has unabashedly expressed his disdain for immigrants of color and demonstrated an unmistakable commitment to restrict their immigration to the United States. Contemptuous words about immigrants translated into concrete policies designed to restrict the number of immigrants entering and remaining in the... |
2019 |
| Talia Peleg, Ruben Loyo |
Transforming Deportation Defense: Lessons Learned from the Nation's First Public Defender Program for Detained Immigrants |
22 CUNY Law Review 193 (Winter, 2019) |
The unprecedented pace of deportations in recent years has led to increased investment, at the local level, in the provision of high volume legal services to immigrants facing deportation. Each investment in greater legal representation of noncitizens offers unique opportunities to raise the bar in a practice area that has been plagued by low... |
2019 |
| Pablo Chapablanco |
Traveling While Hispanic: Border Patrol Immigration Investigatory Stops at Tsa Checkpoints and Hispanic Appearance |
104 Cornell Law Review 1401 (July, 2019) |
Introduction. 1402 I. A Brief History of the United States Border Patrol and Its Impact in the Southern Border. 1407 A. The Early Beginnings of the United States Border Patrol. 1407 B. The United States Border Patrol's Focus on Mexican Immigrants. 1408 C. The United States Border Patrol Today. 1410 II. The Fourth Amendment in Immigration Law... |
2019 |
| Ediberto Román, Ernesto Sagás |
Trump and Caribbean Xenophobia: the United States and the Dominican Republic |
46 Rutgers Law Record 103 (2018-2019) |
The election of Donald Trump unleashed efforts to demonize immigrants, resembling the height of xenophobia in the twentieth century. While his attacks on immigrants, particularly Mexican immigrants, have come with a religious-like zeal, unfortunately, Trump's rhetoric is nothing new in the United States. Quite the opposite, Trump's use of old... |
2019 |
| Mason Leal |
Trump Card: What the End of Deferred Action for Childhood Arrivals Means for Texas and its Administrative Agencies |
20 Texas Tech Administrative Law Journal 123 (Spring, 2019) |
I. Introduction. 123 II. The History of DACA. 126 A. How DACA Began. 126 B. How DACA Works. 128 C. Texas's Position: Anti-Immigrant Litigation and Legislation. 130 III. The Trump Administration's Flawed Rationale for Rescinding DACA. 134 IV. How the End of DACA Could Affect Texas and Its Administrative Agencies. 137 A. Economic Impact. 138 B.... |
2019 |
| Caroline Holliday |
U.s. Citizens Detained and Deported? A Test of the Great Writ's Reach in Protecting Due Process Rights in Removal Proceedings |
60 Boston College Law Review E-Supplement II.-217 (April 1, 2019) |
Abstract: Every year, the U.S. government unlawfully detains a significant number of U.S. citizens and places them in immigration removal proceedings. Before the United States Court of Appeals for the Tenth Circuit's 2018 decision in Gonzalez-Alarcon v. Macias, four circuits had held that an individual in removal proceedings with a valid claim to... |
2019 |
| Emily Ryo |
Understanding Immigration Detention: Causes, Conditions, and Consequences |
15 Annual Review of Law and Social Science 97 (2019) |
immigration detention, immigration enforcement, civil confinement, criminal incarceration During the summer of 2018, the US government detained thousands of migrant parents and their separated children pursuant to its zero-tolerance policy at the United States-Mexico border. The ensuing media storm generated unprecedented public awareness about... |
2019 |
| Monika Batra Kashyap |
Unsettling Immigration Laws: Settler Colonialism and the U.s. Immigration Legal System |
46 Fordham Urban Law Journal 548 (June, 2019) |
This Article flows from the premise that the United States is a present-day settler colonial society whose laws and policies function to support an ongoing structure of invasion called settler colonialism, which operates through the processes of Indigenous elimination and the subordination of racialized outsiders. At a time when U.S. immigration... |
2019 |
| Catherine Powell |
We the People: These United Divided States |
40 Cardozo Law Review 2685 (August, 2019) |
C1-2Table of Contents Introduction. 2687 I. Adapting Ely's Notion of Correcting Political Market Failure. 2697 A. Immigrants' Rights: The Problem of Minority Underrepresentation. 2698 B. Climate Policy: The Problem of Regulatory Capture by Influential Economic Minorities. 2703 C. Immigration and Climate Policies: Informational Asymmetries and... |
2019 |
| Kelly McGee |
What's So Exceptional about Immigration and Family Law Exceptionalism? An Analysis of Canonical Family and Immigration Law as Reflective of American Nationalism |
20 Georgetown Journal of Gender and the Law 699 (Symposium, 2019) |
Introduction 699 I. Immigration and Family Law Canon Intersect 701 II. Survived and Punished: A Corrective Lens 701 III. Immigration Law Exceptionalism 702 A. Family Unity Narratives 704 B. A Blurred Line: Family and Immigration Law 706 IV. Family Law Exceptionalism 707 A. The Failed Promise Of Parental Rights: Family Law Exceptionalism and the... |
2019 |
| Sarah Lamdan |
When Westlaw Fuels Ice Surveillance: Legal Ethics in the Era of Big Data Policing |
43 New York University Review of Law and Social Change 255 (2019) |
Legal research companies are selling surveillance data and services to U.S. Immigration and Customs Enforcement (ICE) and other law enforcement agencies. This Article discusses ethical issues that arise when lawyers buy and use legal research services sold by the same vendors responsible for building ICE's surveillance systems. As the legal... |
2019 |
| Jayashri Srikantiah, Shirin Sinnar |
White Nationalism as Immigration Policy |
71 Stanford Law Review Online 197 (March, 2019) |
Two years into the Trump presidency, white nationalism may be driving the Administration's immigration policy. We view white nationalism as the belief that national identity should be built around white ethnicity, and that white people should therefore maintain both a demographic majority and dominance of the nation's culture and public life. We... |
2019 |
| 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 |
| Megan K. Bradley |
Assessing the "Proper Judicial Role" in Reviewing Immigrant Detention |
27 Journal of Transnational Law & Policy 137 (2017-2018) |
I. Introduction. 138 II. Justice Kennedy's view on the Proper Role of the Court in Immigrant Detention. 141 A. A Robust Plenary Power in Immigration. 142 B. Limiting the Plenary Power Doctrine. 144 C. Institutional Shortcomings that Prevent the Judiciary from Answering Immigration Questions. 148 D. Rebutting the Institutional Shortcomings Argument.... |
2018 |
| Peter Margulies |
Bans, Borders, and Sovereignty: Judicial Review of Immigration Law in the Trump Administration |
2018 Michigan State Law Review Rev. 1 (2018) |
C1-2Table of Contents Introduction. 2 I. Stewardship, Governance, and the Challenge Of Immigration Law. 13 A. The Framers' Stewardship. 14 B. The Supreme Court Takes a Turn. 15 1. Stewardship and Levels of Review. 17 2. Conflicts and Contradictions in the Current Paradigm. 22 II. Shared Stewardship and Judicial Review of Immigration Measures. 25 A.... |
2018 |
| Rachel E. Rosenbloom |
Beyond Severity: a New View of Crimmigration |
22 Lewis & Clark Law Review 663 (2018) |
While the Trump Administration's harsh crackdown on immigrants builds on an enforcement infrastructure inherited from previous administrations, this Article cautions against characterizing it as merely an escalation of crimmigration--the merging of criminal and immigration law evident in recent decades. I argue instead that key contrasts between... |
2018 |
| Stephen Manning , Juliet Stumpf |
Big Immigration Law |
52 U.C. Davis Law Review 407 (November, 2018) |
The forays of the Trump administration into uncharted waters of immigration restriction have highlighted a trend that pre-dates the 2016 election: the unchecked growth of immigration governance strategies that rely on large-scale restrictions of liberty in the form of mass detention and deportation. These mushrooming immigration policing... |
2018 |
| Brooke Rogers |
Cazorla V. Koch Foods of Mississippi, Llc: Where Discovery Issues Meet Current Immigration Policy |
50 Loyola University Chicago Law Journal 459 (Winter 2018) |
In 2016, the Fifth Circuit addressed whether a district court's finding that Rule 26 of the Federal Rules of Civil Procedure allowed discovery of U-visa information from individual plaintiffs. The court declined to impose an order of its own. Instead, it remanded the case to the district court to devise an approach to U-visa discovery that... |
2018 |
| Toni M. Massaro, Shefali Milczarek-Desai |
Constitutional Cities: Sanctuary Jurisdictions, Local Voice, and Individual Liberty |
50 Columbia Human Rights Law Review Rev. 1 (Fall, 2018) |
The United States is deeply divided on matters that range from immigration to religion to fracking. Blue states resist red federal policies, and intrastate disputes pit state legislatures against recalcitrant local governments. One of these intergovernmental policy flare-ups involves so-called sanctuary jurisdictions--government actors that... |
2018 |
| Jayesh Rathod |
Criminalization and the Politics of Migration in Brazil |
16 Ohio State Journal of Criminal Law 147 (Fall, 2018) |
In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country's military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection... |
2018 |
| Geoffrey Heeren |
Crimmigration in Gangland: Race, Crime, and Removal During the Prohibition Era |
16 Ohio State Journal of Criminal Law 65 (Fall, 2018) |
In 1926, local law enforcement and federal immigration authorities in Chicago pursued a deportation drive ostensibly directed at gang members. However, the operation largely took the form of indiscriminate raids on immigrant neighborhoods of the city. Crimmigration in Gangland describes the largely forgotten 1926 deportation drive in Chicago as a... |
2018 |
| Carrie L. Rosenbaum |
Crimmigration--structural Tools of Settler Colonialism |
16 Ohio State Journal of Criminal Law L. 9 (Fall, 2018) |
The systems of immigration and criminal law come together in many important ways, one of which being their role in instilling difference and undermining inclusion and integration. In this article, I will begin a discussion examining the concept of integration, simplistically described as inclusion into American life, not in the more traversed... |
2018 |
| Peter Margulies |
Deconstructing "Sanctuary Cities": the Legality of Federal Grant Conditions That Require State and Local Cooperation on Immigration Enforcement |
75 Washington and Lee Law Review 1507 (Summer, 2018) |
C1-3Table of Contents I. Introduction. 1508 II. Federal Initiatives Promoting Cooperation with Sub-Federal Entities. 1516 A. Anatomy of an Arrest: The Tacit Yet Pervasive Cooperation Built into Basic State and Local Law Enforcement. 1517 B. DHS Immigration Detainers. 1520 C. The 287(g) Program. 1523 D. Other State Efforts. 1524 E. President Trump... |
2018 |
| César Cuauhtémoc García Hernández |
Deconstructing Crimmigration |
52 U.C. Davis Law Review 197 (November, 2018) |
C1-2Table of Contents Introduction. 197 I. Crimmigration Law's Birth. 200 A. Legislative Origins. 200 B. Race, Crime, and Terrorism. 204 C. Seeing Crimmigration Law. 207 D. Crimmigration Doctrine. 210 II. Crimmigration Law's Perniciousness. 213 A. Harms to People. 213 1. Securitization. 214 2. Imprisonment. 219 B. Harms to Institutions. 223 1.... |
2018 |
| Felice Batlan |
Déjà Vu and the Gendered Origins of the Practice of Immigration Law: the Immigrants' Protective League, 1907-40 |
36 Law and History Review 713 (November, 2018) |
On Friday January 27, 2017, Donald Trump executed the infamous executive order: banning immigration and even visitors from seven countries. The order affected those with travelers' visas headed to the United States as well as permanent United States residents from seven banned countries attempting to re-enter the United States. By Saturday morning,... |
2018 |
| Pooja R. Dadhania |
Deporting Undesirable Women |
9 UC Irvine Law Review 53 (September, 2018) |
Immigration law has long labeled certain categories of immigrants undesirable. One of the longest-standing of these categories is women who sell sex. Current immigration laws subject sellers of sex to an inconsistent array of harsh immigration penalties, including bars to entry to the United States as well as mandatory detention and removal. A... |
2018 |
| Ingrid Eagly , Steven Shafer , Jana Whalley |
Detaining Families: a Study of Asylum Adjudication in Family Detention |
106 California Law Review 785 (June, 2018) |
The United States currently detains more families seeking asylum than any nation in the world, but little is known about how these families fare in the immigration court process. In this Article, we analyze government data from all immigration court cases initiated between 2001 and 2016 to provide the first empirical analysis of asylum adjudication... |
2018 |
| Alex Boon, Ben España, Lindsay Jonasson, Teresa Smith, Juliet P. Stumpf, Stephen W. Manning |
Divorcing Deportation: the Oregon Trail to Immigrant Inclusion |
22 Lewis & Clark Law Review 623 (2018) |
Immigration policy under the Trump Administration has relied on local officials and local information to fulfill federal policy goals of highvolume deportation. It has embroiled states and localities and inspired impassioned objection from many impacted localities. This intensification of federal deportation has compelled states, towns, and cities... |
2018 |
| Kristina M. Campbell |
Dreamers Deferred: the Broken Promise of Immigration Reform in the Obama Years |
25 Texas Hispanic Journal of Law and Policy Pol'y 1 (Fall, 2018) |
The majority of the people who were packed into the tractor-trailer on July 22, 2017, were Mexican nationals. There were also people from Central America in the sweltering trailer that day, abandoned in a Wal-Mart parking lot in San Antonio, Texas by the driver who was tasked with smuggling them into the United States. Although the migrants were... |
2018 |
| Katie Kelly |
Enforcing Stereotypes: the Self-fulfilling Prophecies of U.s. Immigration Enforcement |
66 UCLA Law Review Discourse 36 (2018) |
U.S. immigration law was built on a foundation of systemic white supremacy. While a brief historical analysis of immigration laws in the United States illustrates a shift from explicitly racial to race-neutral language, the effects of the originally race-restrictive provisions in immigration law continue to be felt today. This Article illustrates... |
2018 |
| Bill Ong Hing |
Entering the Trump Ice Age: Contextualizing the New Immigration Enforcement Regime |
5 Texas A&M Law Review 253 (Winter, 2018) |
During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the deporter-in-chief? Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries,... |
2018 |
| Alia Al-Khatib, Jayesh Rathod |
Equity in Contemporary Immigration Enforcement: Defining Contributions and Countering Criminalization |
66 University of Kansas Law Review 951 (July, 2018) |
During the 2016 Presidential election cycle, immigration policy emerged as a key campaign issue, with then-candidate Donald Trump promising a slate of restrictionist measures, including more aggressive immigration enforcement, curtailment of refugee admissions, and the construction of a wall along the U.S.-Mexico border. President Trump also... |
2018 |
| Naomi Doraisamy |
Erasing Presence Through Reasonable Suspicion: Terry and its Progeny as a Vehicle for State Immigration Enforcement |
54 Idaho Law Review 409 (2018) |
This Article examines the long shadow cast on local policing by Terry v. Ohio, tracing the impact of Terry's progeny on state legislative campaigns focused on immigration enforcement. The policing tools afforded by Terry's progeny have an unmistakable presence-deterring effect on communities of color--so painfully illustrated in New York City... |
2018 |
| Marvin L. Astrada |
Fear & Loathing in the Present Political Context: the Incubus of Securitizing Immigration |
32 Georgetown Immigration Law Journal 169 (Winter, 2018) |
In dreams begins responsibility. C1-3Table of Contents I. Introduction. 170 II. Order, Security & Law: Effectuating Public Safety. 173 III. Framing & Critically Examining the SLPP Nexus. 177 A. Shaping Immigration via Securitization. 180 B. Security & Law in the SLPP. 183 IV. Disaggregating Security Within the SLPP. 185 A. Security Sectors,... |
2018 |
| Robbie J. Totten, PhD |
Foreign Policy Interpretive Lenses and State Migration Law: Realism, Isolationism and Liberalism Thought, and U.s. Immigration Policy |
24 U.C. Davis Journal of International Law and Policy 135 (Spring, 2018) |
This interdisciplinary article argues that Foreign Policy (FP) interpretive lenses (IL's)--heuristics oft used in International Studies disciplines to examine statecraft--are a useful and underappreciated tool for comparative state migration policy and legal analysis. IL's have value as conceptual tools for scholars in examining state migration law... |
2018 |
| Chelsea M. Baltes |
God and the Illegal Alien, United States Immigration Law and a Theology of Politics by Robert W. Heimburger |
32 Georgetown Immigration Law Journal 237 (Winter, 2018) |
Robert W. Heimburger is Associate Chaplain with the Oxford Pastorate, Associate Researcher at the Fundación Universitaria Seminario Bíblico de Colombia, and Editor of IFES Word & World. Heimburger begins his book connecting to the reader on an emotional level with first-hand accounts of individual's unsuccessful attempts to illegally enter the... |
2018 |
| César Cuauhtémoc García Hernández |
Immigrant Defense Funds for Utopians |
75 Washington and Lee Law Review 1393 (Summer, 2018) |
C1-3Table of Contents I. Introduction. 1393 II. Converging Interests. 1396 III. Immigrant Defense Funds. 1400 IV. Playing with Morality. 1405 V. This is Not a Morality Play. 1412 VI. Embracing Utopias. 14200 VII. Conclusion. 1423 |
2018 |
| Kevin J. Fandl , Nicole Hallett, Christina J. Martin, Sabrina Damast, Amelia Steadman McGowan, Christopher N. Lasch |
Immigration and Naturalization |
52 The Year in Review (ABA) 337 (2018) |
Our immigration law update for 2017 is particularly practical and controversial, given that it comes on the heels of a number of international crises as well as the inauguration of the Trump Administration, both of which dramatically affect immigration law. We begin with a look at the ongoing refugee crisis from Central America and U.S. actions to... |
2018 |
| Jennifer Gordon |
Immigration as Commerce: a New Look at the Federal Immigration Power and the Constitution |
93 Indiana Law Journal 653 (Summer, 2018) |
Introduction. 654 I. The Evolution and Impact of the Plenary Power Doctrine. 659 II. The Commerce Clause as a Source of the Immigration Power. 671 A. The Lost Source: The Foreign Commerce Clause. 671 B. A New Source: The Interstate Commerce Clause. 681 The Modern Jurisprudence of the Interstate Commerce Clause. 681 III. The Argument for Rooting the... |
2018 |
| David S. Rubenstein |
Immigration Blame |
87 Fordham Law Review 125 (October, 2018) |
This Article provides the first comprehensive study of blame in the U.S. immigration system. Beyond blaming migrants, we blame politicians, bureaucrats, and judges. Meanwhile, these players routinely blame each other, all while trying to avoid being blamed. As modeled here, these dynamics of immigration blame have catalyzing effects on the... |
2018 |
| Carrie Rosenbaum |
Immigration Law's Due Process Deficit and the Persistence of Plenary Power |
28 Berkeley La Raza Law Journal 118 (2018) |
INTRODUCTION. 119 I. Detention of Asylum Seekers. 120 II. Substantive Due Process Rights of Noncitizens. 125 A. Zadvydas v. Davis and Clark v. Martinez. 126 1. Zadvydas v. Davis. 126 2. Clark v. Martinez. 128 B. Rodriguez-Fernandez v. Wilkinson. 129 C. Demore v. Kim. 130 D. Jennings v. Rodriguez. 132 III. R.I.L-R--Substantive Due Process Asylum... |
2018 |