Author | Title | Citation | Summary | Year |
Alina Das |
Inclusive Immigrant Justice: Racial Animus and the Origins of Crime-based Deportation |
52 U.C. Davis Law Review 171 (November, 2018) |
The merger of immigration and criminal law has transformed both systems, amplifying the flaws in each. In critiquing this merger, most scholarly accounts begin with legislative changes in the 1980s and 1990s that vastly expanded criminal grounds of deportation and eliminated many forms of discretionary relief. As a result of these changes,... |
2018 |
Tom C.W. Lin |
Incorporating Social Activism |
98 Boston University Law Review 1535 (December, 2018) |
Corporations and their executives are at the forefront of some of the most contentious and important social issues of our time. Through pronouncements, policies, boycotts, sponsorships, lobbying, and fundraising, corporations are actively engaged in issues like immigration reform, gun regulation, racial justice, gender equality, and religious... |
2018 |
Robin Pomerenke |
Intersectional Resistance: a Case Study on Crimmigration and Lessons for Organizing in the Trump Era |
29 Hastings Women's Law Journal 241 (Summer, 2018) |
Increasingly, the federal government has sought to utilize local law enforcement's proximity to and intimacy with local communities to detain and deport immigrants. The resultant growth of crimmigration--the simultaneous enforcement of immigration law and criminal law--has sparked a large-scale social movement in California over the last ten years.... |
2018 |
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 |
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 |
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 |
Audrey Cillo |
Most RelevantA Legislative Home for Immigration Power |
80 University of Pittsburgh Law Review 481 (Winter 2018) |
The immigration problem transcends time, state borders, and even national borders. The problem magnetizes a spectrum of advocates, from rights-based thinkers calling for freedom of movement as an international human right to nativists demanding America First. And as with any charged political topic, there is a power struggle over who controls... |
2018 |
Alyssa Garcia |
Much Ado about Nothing?: Local Resistance and the Significance of Sanctuary Laws |
42 Seattle University Law Review 185 (Fall, 2018) |
Immigration has become a hot topic of national discourse in recent years. There have been calls on both sides of the aisle for immigration reform policies. As such, this highly publicized political discussion has evoked emotions, opinions, and actions from politicians and constituents alike. President Donald Trump has made his intention to deport... |
2018 |
Emily A. Welch |
Nafta and Immigration Intertwined: the Impact of the Trump Era on Mexican-u.s. Migration |
33 Temple International and Comparative Law Journal 89 (Fall, 2018) |
Ignoring the nuanced history of U.S.-Mexican relations, the Trump administration has cultivated a nationalist, xenophobic approach to discourse on Mexican immigration. President Trump has propagated this rhetoric amidst renegotiations of the North American Free Trade Agreement, fusing the two previously discrete policy issues of immigration and... |
2018 |
Katherine Brosamle |
Obscured Boundaries: Dimaya's Expansion of the Void-for-vagueness Doctrine |
52 Loyola of Los Angeles Law Review 187 (2018) |
The United States, despite being dubbed the nation of immigrants, is no stranger to excluding those deemed undesirable by the governing majority. This often-discriminatory intent to exclude manifests in immigration law, which has continually expanded and transformed throughout history. One pertinent development is the emergence of... |
2018 |
Kevin Gardner |
Prisoners in the Face of Gladiators: Providing a Sword and Shield to Aliens in Removal Proceedings Through Court-appointed Counsel |
52 Akron Law Review 1189 (2018) |
I. Introduction. 1189 II. History of Immigration in the United States. 1192 III. Problems Arising from Lack of Access to Counsel. 1201 IV. Recommendations. 1205 A. Proposal I: Expand on Programs that Have Already Succeeded. 1208 1. New York Immigrant Family Unity Project (NYIFUP), Funded by the Vera Institute of Justice. 1208 2. Incorporating... |
2018 |
Ingrid V. Eagly, School of Law, University of California, Los Angeles |
Protect, Serve, and Deport: the Rise of Policing as Immigration Enforcement. By Amada Armenta. Oakland: University of California Press, 2017 |
52 Law and Society Review 1100 (December, 2018) |
Amada Armenta's new book, Protect, Serve, and Deport: The Rise of Policing as Immigration Enforcement, highlights the role of local law enforcement agencies in channeling Latino immigrants into the deportation regime. Armenta's beautifully chronicled text documents the implementation of an immigration enforcement program known as 287(g) in... |
2018 |
Jayashri Srikantiah |
Reconsidering Money Bail in Immigration Detention |
52 U.C. Davis Law Review 521 (November, 2018) |
C1-2Table of Contents Introduction. 521 I. A Brief Overview of Immigration Detention. 522 II. Money Bond. 527 III. The Case Against Money Bail. 530 A. Money Bail Is Not Correlated to Reducing Danger or Flight Risk. 531 B. Risk Assessment. 532 C. Alternatives to Detention and Unsecured Bonds. 534 D. Avoiding the Harms of Unnecessary Over-Detention.... |
2018 |
Mariela Olivares |
Resistance Strategies in the Immigrant Justice Movement |
39 Northern Illinois University Law Review Rev. 1 (Fall, 2018) |
Topics of immigration reform have created deep polarization. To some degree, these political and societal divisions regarding immigrants' place and ability to remain in the United States drove the Republican successes in the 2016 elections and carried Donald Trump to the White House. When political conservatives called for decreased migration and... |
2018 |
Megan McCauley |
Reversing the Ice Age: Immigration Reform in California |
49 University of the Pacific Law Review 481 (2018) |
Code Sections Affected Government Code §§ 7284-7284.10 (new); Health and Safety Code § 11369 (repealed); Penal Code § 3058.10 (new). SB 54 (De León). C1-2Table of Contents I. Introduction. 482 II. Legal Background. 484 A. Federal Legislation: A Collaborative Approach. 485 1. Unrestricted Information Sharing Between State and Local Law Enforcement... |
2018 |
Jason A. Cade |
Sanctuaries as Equitable Delegation in an Era of Mass Immigration Enforcement |
113 Northwestern University Law Review 433 (2018) |
Abstract--Opponents of--and sometimes advocates for--sanctuary policies describe them as obstructions to the operation of federal immigration law. This premise is flawed. On the better view, the sanctuary movement comports with, rather than fights against, dominant new themes in federal immigration law. A key theme--emerging both in judicial... |
2018 |
Hailey Cleek |
Sanctuary Clinics: Using the Patient-physician Relationship to Discuss Immigration Policy as a Public Health Concern |
53 Wake Forest Law Review 979 (Winter 2018) |
[W]e didn't know how they had ended up that way on that side we didn't know how we had ended up here we didn't know but we understood why they walk the opposite direction to buy food on this side this side we all know is hunger -Javier Zamora Tensions between the federal government and local sanctuary cities have risen throughout the Trump... |
2018 |
Cara Cunningham Warren |
Sanctuary Lost? Exposing the Reality of the "Sanctuary-city" Debate & Liberal States-rights' Litigation |
63 Wayne Law Review 155 (Winter, 2018) |
Abstract. 156 I. Introduction. 156 II. Sharpening Our Focus: The Rhetoric & the Reality of the Sanctuary Debate. 163 A. Contemporary Discourse. 164 1. Powerful Conservative Narratives. 166 2. The Need for a Public Integrationist Narrative. 169 B. Correcting Basic Misperceptions. 171 1. There Are Two Sovereigns. 172 a. Immigration Federalism.... |
2018 |
Azadeh Shahshahani, Amy Pont |
Sanctuary Policies: Local Resistance in the Face of State Anti-sanctuary Legislation |
21 CUNY Law Review 225 (Fall, 2018) |
This article examines the potential for impactful sanctuary policies in Alabama, Georgia, and South Carolina in light of anti-sanctuary and anti-immigrant state laws implemented in the past decade and in the wake of the 2016 presidential election. The article first reviews changes to immigration law which both increased the number of noncitizens... |
2018 |
Irene Scharf |
Second Class Citizenship? The Plight of Naturalized Special Immigrant Juveniles |
40 Cardozo Law Review 579 (December, 2018) |
C1-2Table of Contents I. What is United States Citizenship?. 579 A. The Problem. 586 II. Naturalized U.S. Citizenship in Historical Perspective. 589 A. The Constitution and Naturalization. 593 B. Mounting Opposition to Immigration. 597 III. The Impact of Discrimination on Citizenship. 605 A. Discrimination Against Blacks and other Racial... |
2018 |
Monica Chawla |
Show Me Your Papers: an Equal Protection Violation of the Rights of Latino Men in Trump's America |
34 Touro Law Review 1157 (2018) |
During the final presidential debate on October 19, 2016, Donald Trump said if he is elected president, his immigration plan will include deporting bad hombres who are bringing drugs and crime across the border. Hombres is the Spanish word for men. During the first month of Trump's presidency, Trump called for the hiring of 10,000 more U.S.... |
2018 |
Sarah Rogerson |
Sovereign Resistance to Federal Immigration Enforcement in State Courthouses |
32 Georgetown Immigration Law Journal 275 (Spring, 2018) |
The federal government has maintained its supremacy over the enactment of immigration laws for over a century. Enforcement of those laws, however, is increasingly a matter of cooperative federalism - or uncooperative, as the case may be. In response to a recent trend of state and local resistance to President Trump's stepped-up enforcement regime,... |
2018 |
Rebecca A. Delfino |
The Equal Protection Doctrine in the Age of Trump: the Example of Undocumented Immigrant Children |
84 Brooklyn Law Review 73 (Fall, 2018) |
Nearly a century ago, Supreme Court Justice Oliver Wendell Holmes, Jr. described an equal protection claim as the usual last resort of constitutional arguments. Not anymore. In the last forty years, the equal protection doctrine has become the Court's chief instrument for invalidating . laws. Now dawns a new era--the age of Trump--when the... |
2018 |
Matthew J. Lindsay |
The Perpetual "Invasion": past as Prologue in Constitutional Immigration Law |
23 Roger Williams University Law Review 369 (Spring, 2018) |
Donald Trump ascended to the presidency largely on the promise to protect the American people--their physical and financial security, their culture and language, even the integrity of their electoral system--against an invading foreign menace. Only extraordinary defensive measures, including extreme vetting of would-be immigrants, a ban on... |
2018 |
Deborah M. Weissman , Jacqueline Hagan , Ricardo Martinez Schuldt , Alyssa Peavey |
The Politics of Immigrant Rights: Between Political Geography and Transnational Interventions |
2018 Michigan State Law Review 117 (2018) |
Introduction. 118 I. Exacerbating Obstacles or Enhancing Opportunities: Devolution and Locality. 124 A. Devolution and Its Forms. 125 1. Federal Laws Authorizing Local Immigration Enforcement. 126 2. State Papers, Please Statutes. 129 3. Alienage Laws. 131 4. Political Geography Matters. 132 II. The Mexican Consular Network and the Department of... |
2018 |
Linus Chan |
The Promise and Failure of Silence as a Shield Against Immigration Enforcement |
52 Valparaiso University Law Review 289 (Winter, 2018) |
In 1989 an Immigration Judge ruled that a respondent in deportation proceedings, a man by the name of Mr. Guevara, was not a United States citizen and therefore could be deported from the United States. Ruling that a person was not a United States citizen was a prerequisite under both federal regulations and Supreme Court precedent in order for... |
2018 |
Thomas Carnes, United States Military Academy, thomas.carnes@usma.edu |
The Right to Exclude Immigrants Does Not Imply the Right to Exclude Newcomers by Birth |
14 Journal of Ethics & Social Philosophy 28 (October, 2018) |
Recent arguments defending a state's right to restrict immigration argue from a certain notion of individual rights to a parallel collective state right to restrict immigration. These so-called statist arguments for closed borders have each received their fair share of independent criticism. Recently, however, an interesting generic challenge has... |
2018 |
Laila Hlass |
The School to Deportation Pipeline |
34 Georgia State University Law Review 697 (Spring, 2018) |
The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has... |
2018 |
Mary Holper |
The Unreasonable Seizures of Shadow Deportations |
86 University of Cincinnati Law Review 923 (2018) |
President Trump, during his campaign, promised a deportation task force to swiftly deport the eleven million undocumented noncitizens in the United States. Within his first week in office, he issued two Executive Orders calling for stricter immigration enforcement and a stronger border. The Department of Homeland Security (DHS) Memos... |
2018 |
Lorena Espino-Piepp |
The Violence Against Women Act, Implicit Bias, and Judicial Training |
24 Cardozo Journal of Equal Rights & Social Justice 347 (Spring, 2018) |
C1-2TABLE OF CONTENTS TABLE OF CONTENTS. 347 INTRODUCTION. 348 I. HISTORY OF VAWA, IMMIGRATION LAWS, AND THE FAMILY COURT. 350 A. The Violence Against Women Act. 351 B. Domestic Violence and Latina Immigrant Women. 352 C. Immigration Laws and Domestic Violence. 353 D. VAWA's Response to the Specific Problems Faced by Immigrant Women in Accessing... |
2018 |
Jaya Ramji-Nogales |
The War on Immigrants: Changing Military Culture |
32 Temple International and Comparative Law Journal 87 (Spring, 2018) |
This Comment responds to two central claims of Rosa Brooks's How Everything Became War and the Military Became Everything, namely that there's nothing solid behind concerns about a vastly expanded military and that the terms military and civilian are human constructs without predetermined meaning. This analysis draws upon immigration law and... |
2018 |
Scott Titshaw |
Throwing the Baby out with the Patriarchy |
33 Berkeley Journal of Gender, Law & Justice 179 (Summer, 2018) |
Throughout the history of Europe and its former new world colonies, families have been a central unit for defining legal rights and duties, including those related to citizenship and immigration. Less than a century ago, a woman and her children automatically gained or lost citizenship in the U.S. and many other countries upon her marriage to a... |
2018 |
Ariana Sañudo-Kretzmann |
Under Ice: the 'Bed Quota' and Political Rhetoric in American Immigrant Detention |
27 Southern California Review of Law & Social Justice 113 (Spring, 2018) |
They should call this place the jail of broken dreams. - Nilson Flores, detainee at Stewart Detention Center Detention of a migrant should be a matter of last resort. It should be an exception, not the rule. The thought that someone who is expressing fear of being killed in his home country, that we would put that person in a jail-like setting,... |
2018 |
Christopher N. Lasch , R. Linus Chan , Ingrid V. Eagly , Dina Francesca Haynes , Annie Lai , Elizabeth M. McCormick , Juliet P. Stumpf |
Understanding "Sanctuary Cities" |
59 Boston College Law Review 1703 (May, 2018) |
L1-2Introduction . L31705 I. The Rise of Crimmigration. 1712 A. President Trump's Promise to End Sanctuary Cities. 1713 B. Crimmigration's Origins. 1719 C. Crimmigration's Enforcement Mechanisms. 1723 1. The Criminal Alien Program. 1724 2. The 287(g) Program. 1725 3. ICE Administrative Warrants. 1728 4. The Secure Communities Program. 1730 5. Other... |
2018 |
Pauline Portillo |
Undocumented Crime Victims: Unheard, Unnumbered, and Unprotected |
20 Scholar: St. Mary's Law Review on Race and Social Justice 345 (2018) |
I. Introduction. 346 II. Background. 350 A. Mainstream Perceptions of Undocumented Immigrants. 350 B. Are Undocumented Individuals in Our Community Creating More Crime?. 353 III. Crimes Committed Against Immigrants. 354 A. Undocumented Victims Are Especially Vulnerable to Certain Crimes. 354 IV. Underreporting by Immigrant Crime Victims. 360 A.... |
2018 |
Jared A. Goldstein |
Unfit for the Constitution: Nativism and the Constitution, from the Founding Fathers to Donald Trump |
20 University of Pennsylvania Journal of Constitutional Law 489 (February, 2018) |
The executive order on travel issued by President Donald Trump in January 2017 identified the foreigners who should be barred from entry as those who bear hostile attitudes toward the United States and its founding principles and who do not support the Constitution. As this Article shows, anti-immigrant movements have long used... |
2018 |
Linus Chan |
Unjust Deserts: How the Modern Immigration System Lacks Moral Credibility |
16 Ohio State Journal of Criminal Law 103 (Fall, 2018) |
On February 26, 2018, the mayor of Oakland decided to give a warning to residents of the North Bay of an impending action by Immigration and Customs Enforcement to find and arrest non-citizens for removal from the United States. Her office posted a statement on Twitter which among other things said, My priority is for the well-being and safety of... |
2018 |
DeLeith Duke Gossett |
[Take from Us Our] Wretched Refuse": the Deportation of America's Adoptees |
85 University of Cincinnati Law Review 33 (March, 2017) |
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-tossed to me, I lift my lamp beside the golden door! ~ Emma Lazarus I. Introduction. 33 II. America: Land of Selective Immigration. 36 A. Economic Fears Drive Nativist Attitudes. 37 B. Nativism... |
2017 |
Yvette Lopez-Cooper |
¿En Qué Te Puedo Ayudar? When Is a Crime Victim Helpful? Using California's Immigrant Victims of Crime Equity Act (Senate Bill 674) to Define the U Visa's Helpfulness Requirement |
53 California Western Law Review 149 (Spring, 2017) |
C1-2Table of Contents I. Introduction. 150 II. Victims of Trafficking and Violence Protection Act. 157 A. U Nonimmigrant Status Certification Requirement. 158 B. The Immigrant Victims of Crime Equity Act. 161 III. What Does Helpfulness Mean?. 162 IV. The Cultural Context Dilemma. 166 V. A Proposal for the Helpfulness Requirement. 170 A.... |
2017 |
Christopher N. Lasch |
A Common-law Privilege to Protect State and Local Courts During the Crimmigration Crisis |
127 Yale Law Journal Forum 410 (October 24, 2017) |
abstract. Under the Trump presidency, Immigration and Customs Enforcement (ICE) officers have been making immigration arrests in state and local courthouses. This practice has sparked controversy. Officials around the country, including the highest judges of five states, have asked ICE to stop the arrests. ICE's refusal to do so raises the... |
2017 |
Esther Yoona Cho |
A Double Bind-"Model Minority" and "Illegal Alien" |
24 Asian American Law Journal 123 (2017) |
Introduction. 124 I. The Social Location of Asian Immigrants in the United States. 124 II. Complex and Nuanced Realities of the Asian Race/Illegality Intersection. 127 A. Invisibility of Undocumented Asian Immigrants: That We Exist.. 127 B. Perceived Advantages of Undocumented Asian Immigrants: They Do Have an Advantage.. 128 C. The Model... |
2017 |
Huyen Pham |
A Framework for Understanding Subfederal Enforcement of Immigration Laws |
13 University of Saint Thomas Law Journal 508 (Fall, 2017) |
When thirty-two-year-old Kate Steinle was randomly shot during broad daylight on San Francisco's Pier 14, the initial public reaction was one of shock. When the shooter was determined to be an unauthorized immigrant who had been deported five times, and had been recently released by the San Francisco Sheriff's Department despite an extensive... |
2017 |
César Cuauhtémoc García Hernández |
Abolishing Immigration Prisons |
97 Boston University Law Review 245 (January, 2017) |
Introduction. 246 I. Immigration Imprisonment Today. 251 A. Defining Immigration Imprisonment. 252 B. Pathways into Immigration Imprisonment. 253 C. Lasting Power of Immigration Imprisonment. 257 II. Abolitionist Legacies. 260 A. Defining Abolition. 262 B. Abolition Past and Present. 265 III. Immigration Imprisonment's Moral Foundation. 274 A.... |
2017 |
Bolatito Kolawole |
African Immigrants, Intersectionality, and the Increasing Need for Visibility in the Current Immigration Debate |
7 Columbia Journal of Race and Law 373 (2017) |
Africans are one of the fastest growing immigrant groups in the United States, yet their presence receives very little attention in public discourse about immigration. In an era where America's immigration policies have grown increasingly insular, African immigrants are particularly at risk of having measures that historically facilitated their... |
2017 |
Margaret Hu |
Algorithmic Jim Crow |
86 Fordham Law Review 633 (November, 2017) |
This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the separate but equal discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the... |
2017 |
M. Akram Faizer |
America First: Improving a Recalcitrant Immigration and Refugee Policy |
84 Tennessee Law Review 933 (Summer, 2017) |
Introduction. 934 I. An Argument for Changing the Current Recalcitrant Immigration Policy to Provide Temporary Residency for International Migrants. 936 II. The Migration Crisis and its Causes. 938 III. Rich World Recalcitrance and its Causes. 940 A. U.S. Migration. 941 B. U.K. Migration. 949 C. French Migration. 950 D. Canadian Migration. 951 IV.... |
2017 |
Anita Sinha |
Arbitrary Detention? The Immigration Detention Bed Quota |
12 Duke Journal of Constitutional Law & Public Policy 77 (Spring, 2017) |
When President Obama took office in 2009, Congress through appropriations linked the U.S. Department of Homeland Security's (DHS) funding to maintaining 33,400 immigration detention beds a day. This provision, what this Article refers to as the bed quota, remains in effect, except now the mandate is 34,000 beds a day. Since 2009, DHS detentions... |
2017 |
Paige Newman |
Arizona's Anti-immigration Law and the Pervasiveness of Racial Profiling |
31 Georgetown Immigration Law Journal 611 (Spring, 2017) |
Arizona's Senate Bill 1070 (S.B. 1070) was passed in 2010 as an anti-illegal immigration measure and subsequently became known as one of the broadest and strictest laws of its kind at the time it took effect. The law, entitled Support our Law Enforcement and Safe Neighborhoods Act, requires police to determine the immigrant status of someone... |
2017 |
Harvey Gee |
Asian Americans and the Law: Sharing a Progressive Civil Rights Agenda During Uncertain Times |
10 DePaul Journal for Social Justice Just. 1 (Summer, 2017) |
The November election of Donald J. Trump as the 45 U.S. President heightened ever-growing concerns about a retrenchment of civil rights for Americans, limiting voting rights, invoking tougher criminal penalties, keeping Guantanamo Bay prison open and returning to aggressive interrogation techniques, mass deportations and stricter immigration laws.... |
2017 |