Lynda J. Oswald Most RelevantExtended Voluntary Departure: Limiting the Attorney General's Discretion in Immigration Matters 85 Michigan Law Review 152 (October, 1986) Fifteen times in the past quarter-century, the Attorney General has decreed that aliens of certain nationalities could temporarily remain in the United States regardless of their visa status. Government officials have characterized these grants of blanket extended voluntary departure (EVD) as a means of protecting aliens from life-threatening... 1986
Christine N. Cimini Most RelevantHands off Our Fingerprints: State, Local, and Individual Defiance of Federal Immigration Enforcement 47 Connecticut Law Review 101 (November, 2014) Secure Communities, though little-known outside law-enforcement circles, is one of the most powerful of the federal government's immigration enforcement programs. Under Secure Communities, fingerprints collected by state and local law enforcement and provided to the Federal Bureau of Investigation for criminal background checks are automatically... 2014
Scott C. Murray Most RelevantHoffman, its Progeny, and the Status of Undocumented Workers 11 Wyoming Law Review 615 (2011) I. Introduction. 615 II. Background. 618 A. Labor and Employment Law. 619 B. Cases Leading to Hoffman. 621 C. Immigration Law. 625 D. The NLRA Still Applies to Undocumented Workers. 626 E. Status-Based Assignment of Rights. 627 III. Analysis. 629 IV. Conclusion. 638 2011
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
Edward M. Chen Most RelevantIntroduction to Petition to U.s. Commission on Civil Rights 5 Asian Law Journal 353 (May, 1998) Since their immigration to this nation over a century ago, Asian Pacific Americans, like other racial minorities, have had to deal with debilitating and dehumanizing stereotypes. The most dominant and persistent perception is that of foreigners to America, a perception that pervades the experience of Asian Pacific Americans no matter how long and... 1998
Neda Mahmoudzadeh Most RelevantLove Them, Love Them Not: the Reflection of Anti-immigrant Attitudes in Undocumented Immigrant Health Care Law 9 Scholar: St. Mary's Law Review on Minority Issues 465 (Spring 2007) I. Introduction. 467 A. The Problem of Illegal Aliens. 467 II. Legal Background. 469 A. Regulation Affecting Undocumented Immigrants' Health Care. 469 1. The Immigration Reform Act. 469 2. The Welfare Reform Act. 470 3. The Role of States. 471 III. Legal Analysis. 473 A. The Political Context of the 1996 Reform Acts. 473 B. Current State of... 2007
Robert S. Chang Most RelevantMigrations, Citizens and Latinas/os: the Sojourner's Truth and Other Stories 55 Florida Law Review 479 (January, 2003) I. Centering the Immigrant. 481 II. The Border, the Family, and the Nation. 484 III. My House in the Last World. 486 IV. The Sojourner's Truth. 488 2003
Evangeline Dech Most RelevantNonprofit Organizations: Humanizing Immigration Detention 53 California Western Law Review 219 (Spring, 2017) C1-2Table of Contents Introduction. 219 I. A History of Immigration Detention. 223 A. Ellis Island. 223 B. Immigration Regulation as a Means of Racial Discrimination. 224 C. From Mass Incarceration of Minorities to Mass Immigration Detention. 227 II. Private Prison Companies Take Over Immigration Detention Centers. 231 III. Problems with Both... 2017
Ingrid V. Eagly Most RelevantProsecuting Immigration 104 Northwestern University Law Review 1281 (Fall 2010) Introduction. 1281 I. The Conventional View of Immigration and Criminal Law. 1291 A. Doctrinal Equality. 1291 B. Institutional Autonomy. 1294 II. The Practice of Prosecuting Immigration. 1300 A. Procedure. 1304 B. Structure. 1320 III. The Structural Implications of Immigration Enforcement. 1337 A. Immigration Enforcement, Incentives, and Equality.... 2010
Kevin R. Johnson Most RelevantRace, Immigration and International Law 93 American Society of International Law Proceedings 213 (March 24-27, 1999) Today's restrictionism is part of a long history of anti-immigrant sentiment in the United States. It is particularly virulent, however, because the racial demographics of immigration have changed dramatically since the abolition of the discriminatory national-origins quota system in 1965. Racial considerations have influenced the nation's... 1999
Kevin R. Johnson Most RelevantSeptember 11 and Mexican Immigrants: Collateral Damage Comes Home 52 DePaul Law Review 849 (Spring 2003) The federal government responded swiftly to the mass destruction and horrible loss of life on September 11, 2001. Quickly initiating a war on terror, the U.S. government pursued military action in Afghanistan. The violation of the civil rights of Arab and Muslim noncitizens in the United States followed as well. In the months immediately after... 2003
Linda Kelly Most RelevantThe Fantastic Adventure of Supermom and the Alien: Educating Immigration Policy on the Facts of Life 31 Connecticut Law Review 1045 (Spring, 1999) British au pair Louise Woodward has gone home. The facts of her American visit are well known. After being convicted by a jury of second degree murder for the death of eight-month-old Matthew Eappen, Massachusetts Superior Court Judge Hiller Zobel reduced Woodward's verdict to manslaughter and sentenced her to time served. Woodward had entered the... 1999
  Most RelevantVii. The Rights of Undocumented Aliens 96 Harvard Law Review 1433 (April, 1983) The presence of large numbers of undocumented aliens in the United States presents the nation's immigration law with its most substantial and most controversial challenge. Defining the legal status of undocumented aliens compels this nation to confront the embarrassing fact that it cannot, or will not, enforce the exclusionary laws that it insists... 1983
Ana M. Rodriguez MOTHER OF EXILES: HOSPITALITY & COMPREHENSIVE IMMIGRATION REFORM 43 Journal of the National Association of Administrative Law Judiciary 232 (Spring, 2023) C1-2Table of Contents Introduction. 234 I. COVID-19 and Title 42's End of Asylum. 236 A. Title 42: The Trump Administration. 239 B. Title 42: The Biden Administration. 242 II. Xenophobia Cloaked in Morality, Health, and Safety. 245 A. Historic Immigration Policy Against Non-White Immigrants. 245 1. Legislation Against Chinese Immigrants. 248 2.... 2023
Sameer M. Ashar Movement Lawyers in the Fight for Immigrant Rights 64 UCLA Law Review 1464 (December, 2017) As immigration reform initiatives driven by established advocacy organizations in Washington, D.C. were successively defeated in the mid-to-late 2000s, movement-centered organizations and newly created formations of undocumented youth mobilized against the federal-local immigration enforcement regime of the Bush and Obama administrations. This... 2017
Kathryn Abrams MOVEMENT STORYTELLING AND THE TRANSFORMATION OF THE DREAMER NARRATIVE 33 Berkeley La Raza Law Journal 31 (2023) Like many in this symposium, my comments address the tension reflected in the Dreamer paradigm, between the expectations of mainstream audiences, and the complex lived experience of those most affected by immigration restrictions. As Professors Abrego and Negrón-Gonzalez demonstrate in their recent anthology, We Are Not Dreamers, undocumented... 2023
Jennifer M. Chacón MOVING FORWARD 50 Southwestern Law Review 208 (2021) We live in a world of permeable borders. Money, goods, information, and the global elite move across borders almost effortlessly. Corporate entities straddle borders, and governmental policies have transnational effect. But not everyone moves easily across borders. In the United States, federal laws permit the expulsion and the permanent exclusion... 2021
Ryan Terrance Chin Moving Toward Subfederal Involvement in Federal Immigration Law 58 UCLA Law Review 1859 (August, 2011) In Chamber of Commerce v. Whiting, the U.S. Supreme Court decided that state governments could mandate compulsory enrollment in the otherwise voluntary federal E-Verify program. Though it deals primarily with employment of unauthorized workers, this case raises broader questions of the role of federalism in the current immigration regime. State and... 2011
Shiu-Ming Cheer Moving Toward Transformation: Abolitionist Reforms and the Immigrants' Rights Movement 68 UCLA Law Review Discourse 68 (2020) This Article discusses the criteria for abolitionist reforms and assesses whether current immigrants' rights demands move us towards a more transformative agenda, one that questions the legitimacy of the state. The Article argues that calls to invest in immigrant communities and to release immigrants from detention can be radical reforms that move... 2020
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
Rosemary C. Salomone Multilingualism and Multiculturalism: Transatlantic Discourses on Language, Identity, and Immigrant Schooling 87 Notre Dame Law Review 2031 (June, 2012) In September 2010, an eye-catching article appeared on the front page of the New York Times Arts section. The headline read, Cultures United to Honor Separatism. Basque and Catalan nationalists, Sinn Fein leaders, and others were convening on the island of Corsica, not to chart out war strategies, as might have been expected, but rather to... 2012
Catharine Slack Municipal Targeting of Undocumented Immigrants' Travel in the Post 9/11 Suburbs: Waukegan, Illinois Case Study 22 Georgetown Immigration Law Journal 485 (Spring, 2008) As the U.S. went to war on terrorism, the small Midwestern city of Waukegan began confiscating undocumented immigrants' cars. Waukegan's towing policy demonstrates the post 9/11 trend of restricting undocumented immigrants' travel inside our nation's borders. This article locates Waukegan's policy within that trend and the older trend of increasing... 2008
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
Walter I. Gonçalves, Jr. Narrative, Culture, and Individuation: a Criminal Defense Lawyer's Race-conscious Approach to Reduce Implicit Bias for Latinxs 18 Seattle Journal for Social Justice 333 (Spring, 2020) When a criminal defense attorney is assigned a case and shows up at the first court appearance, more often than not the client will be of color. Depending on the region, the client has a greater chance of being African American, Latinx, or Native American compared to white. This is true for most federal district courts in the United States. To make... 2020
Dr. Timothy Philip Fadgen , Dr. Guy Charlton , Dr. Mark Kielsgard Narrowing the Scope of Judicial Review for Humanitarian Appeals of Deportation Orders in Canada, New Zealand and the United States 35 Hamline Journal of Public Law and Policy 241 (Spring, 2014) The paper will compare the humanitarian and compassionate appeal provisions in relevant immigration law allowed to deportees in Canada, New Zealand and the United States. It argues that while recent changes in each of the countries have preserved the humanitarian appeals process, the basis of the appeal and judicial review have been dramatically... 2014
Lauren Gilbert National Identity and Immigration Policy in the U.s. and the European Union 14 Columbia Journal of European Law 99 (Winter 2007/2008) This article contrasts the efforts currently underway in the European Union to develop a harmonized system for admitting and integrating immigrants with the repeated failure of immigration reform in the U.S. and the absence of a policy for immigrant integration. After examining recent obstacles to immigration reform in the U.S., Part I discusses... 2008
Lauren Gilbert National Identity and Immigration Policy in the U.s. and the European Union 14 Columbia Journal of European Law 99 (Winter, 2007/2008) This article contrasts the efforts currently underway in the European Union to develop a harmonized system for admitting and integrating immigrants with the repeated failure of immigration reform in the U.S. and the absence of a policy for immigrant integration. After examining recent obstacles to immigration reform in the U.S., Part II discusses... 2008
Daniel J. Steinbock National Identity Cards: Fourth and Fifth Amendment Issues 56 Florida Law Review 697 (September, 2004) In the frenzied days and weeks following September 11, 2001, many observers called for serious consideration of a national identity system, the centerpiece of which would be some form of national identity card. Such a system was seen mainly as a tool against terrorists and also as a useful response to illegal immigration, identity theft, and... 2004
Kevin R. Johnson , Bill Ong Hing National Identity in a Multicultural Nation: the Challenge of Immigration Law and Immigrants 103 Michigan Law Review 1347 (May, 2005) Who Are We? The Challenges To America's National Identity. By Samuel P. Huntington. New York: Simon & Schuster. 2004. Pp. xvii, 428. $39.95 Samuel Huntington's provocative new book Who Are We?: The Challenges to National Identity is rich with insights about the negative impacts of globalization and the burgeoning estrangement of people and... 2005
Sean L. Litteral National Security at Home: Chinese Investment in U.s. Real Estate 31 Stanford Law and Policy Review 237 (2020) In recent years there has been a growing literature on the threats and opportunities presented by an emerging China. These works tend to focus on the national security and economic ramifications of a China that is propelled in part by the theft of critical information such as trade secrets, patented processes, business plans, and cutting-edge... 2020
Chaim Gans Nationalist Priorities and Restrictions in Immigration: the Case of Israel 2 Law & Ethics of Human Rights 12 (January, 2008) It may be that the appropriate demographic objective of Israel as a country in which the Jewish people realize their right to self-determination is the existence of a Jewish public in Israel in numbers sufficient to allow its members to live in the framework of their culture. It may also be that the appropriate demographic objective of Israel... 2008
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
César Cuauhtémoc García Hernández Naturalizing Immigration Imprisonment 103 California Law Review 1449 (December, 2015) Only recently has imprisonment become a central feature of both civil and criminal immigration law enforcement. Apart from harms to individuals and communities arising from other types of immigration enforcement, such as removal, imprisonment comes with its own severe consequences, and yet it is relatively ignored. This Article is the first to... 2015
Jagdish J. Bijlani Neither Here Nor There: Creating a Legally and Politically Distinct South Asian Racial Identity 16 Berkeley La Raza Law Journal 53 (Fall 2005) At about 9:20 p.m. on Monday, May 19, 2003, Avtar Singh Cheira, a 52-year-old Phoenix, Arizona, truck driver and Sikh immigrant from India was shot twice in the legs. Cheira had been waiting to be picked up by his family when the men who shot him with bullets from a small caliber gun drove by in a red pickup truck. The Sikh immigrant had lived in... 2005
Stephen Steinberg Neoliberal Immigration Policy and its Impact on African Americans 23 Notre Dame Journal of Law, Ethics & Public Policy 209 (2009) This paper builds on my earlier paper,Immigration, African Americans, and Race Discourse, published inNew Politics in 2005. In that paper, I argued that all through American history, beginning with slavery, ruling elites installed a system of occupational apartheid that relegated African Americans to the least desirable jobs in the preindustrial... 2009
Tom I. Romero, II, J.D., Ph.D. No Brown Towns: Anti-immigrant Ordinances and Equality of Educational Opportunity for Latina/os 12 Journal of Gender, Race and Justice 13 (Fall 2008) multi-racial community seems equally fundamental. Since the 1990s, the percentage of students of every race in multiracial groups has increased. Segregation is no longer black and white but increasingly multiracial. In 1972, the United States Supreme Court in Spencer v. Kugler affirmed without comment New Jersey's statutory scheme compelling... 2008
Molly E. Kammien No More Band-aid Solutions: Improving Immigration Reform by Addressing the Root Causes of Mexican Migration and Refining Foreign Direct Investment 80 Brooklyn Law Review 503 (Winter, 2015) The root causes of migration are nuanced and complicated. People choose to migrate for numerous reasons including pleasure, poverty, unemployment, war, and exploitation. While migration has almost always been a popular topic in the United States, very few Congressional conversations about immigration reform have addressed the root causes of... 2015
Bill Ong Hing No Place for Angels: in Reaction to Kevin Johnson 2000 University of Illinois Law Review 559 (2000) In the early summer of 1912, at the height of the racist Chinese exclusion era, Ong Choon Hing boarded the SS Siberia destined for the Port of San Francisco. He arrived at the immigration inspection station at Angel Island on July 28, 1912. Angel Island, located in San Francisco Bay not far from Alcatraz Island, was used as a detention and... 2000
Sarah Sherman-Stokes No Restoration, No Rehabilitation: Shadow Detention of Mentally Incompetent Noncitizens 62 Villanova Law Review 787 (2017) ORIGINALLY from Haiti, Martin immigrated to the United States as a teenager with his mother and two brothers, all of them Lawful Permanent Residents. Sometimes living with his older brother, sometimes on the street, Martin had always required extra help to perform daily tasks. He never graduated from high school, and indeed barely made it through... 2017
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
Daisy J. Ramirez NO SOY DE AQUÍ, NI SOY DE ALLÁ: U.S. CITIZEN CHILDREN ARE PAYING THE PRICE FOR OUR NATION'S BROKEN IMMIGRATION SYSTEM 25 Scholar: St. Mary's Law Review on Race and Social Justice 369 (2023) Introduction - Jasmin's Story. 371 I. Historical Framework of our Nation's Immigration Acts. 380 A. The Immigration and Nationality Act of 1965. 381 B. Immigration Reform and Control Act of 1986. 383 C. Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 386 II. Why are there so many U.S. Citizen Children with Undocumented... 2023
Maria L. Ontiveros Noncitizen Immigrant Labor and the Thirteenth Amendment: Challenging Guest Worker Programs 38 University of Toledo Law Review 923 (Spring 2007) CURRENTLY, immigration is a hot-button issue. Hundreds of thousands of people march in the streets to demand human rights and dignity for immigrant workers and their families. Armed citizens patrol the border to apprehend unauthorized immigrants, while human rights groups leave water in the desert in a desperate attempt to prevent the deaths of... 2007
NORA V. DEMLEITNER, JON M. SANDS Assistant Federal Public Defender, District of Arizona Non-citizen Offenders and Immigration Crimes: New Challenges in the Federal System 2002 Federal Sentencing Reporter 31304859 (March 1, 2002) In absolute numbers the last decade has seen the largest influx of immigrants in the history of the United States. With the rise in immigration, the United States has also witnessed an increase in the number of non-citizens under the supervision of the criminal justice system. The vast increase in immigration has raised a series of important... 2002
Victor C. Romero Noncitizen Students and Immigration Policy Post-9/11 17 Georgetown Immigration Law Journal 357 (Spring, 2003) My task is to describe the post-9/11 world for noncitizens students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to... 2003
Peter Margulies Noncitizens' Remedies Lost?: Accountability for Overreaching in Immigration Enforcement 6 FIU Law Review 319 (Spring, 2011) Remedies for government overreaching in immigration cases have always embodied a dilemma. On the one hand, the government sometimes acts excessively, failing to provide allegedly removable noncitizens with appropriate process, using excessive force in arrests, or detaining noncitizens too long or under poor conditions. On the other hand,... 2011
Mishan Kara NONCITIZENS, MENTAL HEALTH, AND IMMIGRATION ADJUDICATION 109 Virginia Law Review Online 162 (October, 2023) When a noncitizen commits a crime in the United States, they become vulnerable to the possibility of the government instigating removal proceedings against them. According to the Immigration and Nationality Act, the noncitizen can argue in their defense that the crime they committed was not particularly serious. In this particularly serious crime... 2023
Atinuke O. Adediran NONPROFIT BOARD COMPOSITION 83 Ohio State Law Journal 357 (2022) This Article addresses a critical gap in the literature and current debates about the composition of nonprofit boards. The law of fiduciary duties and nonprofit governance best practices do not provide sufficient guidance on how to compose boards to empower the communities they serve. And even as the corporate sector is seizing on current important... 2022
Johnny Thach Not Far Enough: the Rising Elderly Prison Population and Criminal Justice and Prison Reform Following the First Step Act of 2018 26 Cardozo Journal of Equal Rights & Social Justice 631 (Spring, 2020) C1-2Table of Contents Introduction. 632 I. Elderly People in the Current United States Prison System. 637 A. The Rising Elderly Prison Population. 640 B. Old Age and Physical and Mental Impairments. 641 C. Non-Integration in a Correctional Setting. 643 D. Health Care and Medical Services. 644 E. Disproportionate Number of Deaths in Prison. 647 II.... 2020
Deborah A. Morgan Not Gay Enough for the Government: Racial and Sexual Stereotypes in Sexual Orientation Asylum Cases 15 Law and Sexuality: A Review of Lesbian, Gay, Bisexual and Transgender Legal Issues 135 (2006) I. Introduction. 135 II. Background. 137 A. Racism and Homophobia in the Immigration Process. 138 B. The Asylum Process. 139 C. Characteristics of Asylum Applicants. 141 D. Not Gay Enough for the Government: The Case of Mohammad . 144 III. Uncovering Bias in Sexual Orientation Asylum Decisions. 147 A. Racial Stereotypes and Essentialism. 148 B.... 2006
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