Raquel Muñiz , Maria Lewis , Grace Cavanaugh , Melissa Woolsey THE SOCIAL CONTEXT OF THE LAW: A CRITICAL ANALYSIS OF RELIANCE INTERESTS IN THE DEPARTMENT OF HOMELAND SECURITY v. REGENTS OF THE UNIVERSITY OF CALIFORNIA 95 Southern California Law Review 857 (April, 2022) In 2020, the U.S. Supreme Court ruled on the Department of Homeland Security v. Regents of the University of California case. The case concerned the rescission of the Deferred Action for Childhood Arrivals (DACA) policy, an issue that sparked the interest of a wide range of amicus curiae, including those in support of the policy. Using Critical... 2022
Asees Bhasin THE TELEHEALTH "REVOLUTION" & HOW IT FAILS TO TRANSFORM CARE FOR UNDOCUMENTED IMMIGRANTS 24 North Carolina Journal of Law & Technology 1 (October, 2022) The outbreak of COVID-19 led to the rapid adoption and expansion of telehealth services. Upon understanding telehealth's potential to reach under served populations, people began referring to this method of health care delivery as revolutionary. This reputation stuck, even though it quickly became obvious that telehealth utilization was more... 2022
David K. Hausman THE UNEXAMINED LAW OF DEPORTATION 110 Georgetown Law Journal 973 (May, 2022) Prioritization by criminality, in which noncitizens who have been convicted of serious crimes are deported ahead of those with little or no criminal history, is the most consequential principle governing who is deported from the interior of the United States. This Article argues that, intuitive as prioritization by criminality may appear, it is... 2022
Gabriel J. Chin , Sam Chew Chin THE WAR AGAINST ASIAN SAILORS AND FISHERS 69 UCLA Law Review 572 (April, 2022) Beginning in the 1880s, maritime unions sought federal legislation to prevent Chinese, Japanese, Filipino, and Asian Indian sailors from serving as crew members on U.S.-flag vessels. The campaign succeeded and mandatory citizenship requirements for crews remain in the U.S. Code to this day. Similarly, federal and state laws limited the ability of... 2022
Kevin Johnson , Raquel Aldana , José Padilla, Amagda Pérez, Thomas Saenz , Opening Remarks, Moderator, Panelists TRANSCRIPT: THE CIVIL RIGHTS LEGACY OF JUSTICE CRUZ REYNOSO 26 U.C. Davis Social Justice Law Review 132 (Winter, 2022) The family of Justice Cruz Reynoso released the following announcement upon his death in May 2021: On May 7, 2021, former California Supreme Court Associate Justice, law professor, and civil rights activist Cruz Reynoso passed away at age 90, surrounded by his family. Reynoso was born on May 2, 1931, in Brea, California, to Francisca Ramirez... 2022
Michael Vitiello TRUMP'S LEGACY: THE LONG-TERM RISKS TO AMERICAN DEMOCRACY 26 Lewis & Clark Law Review 467 (2022) While President Trump was extreme in his contempt for legal and political norms, his presidency was consistent with the direction in which the Republican Party has moved over the past several decades. Strategies put in place by Trump and other Republicans, along with institutional aspects of our country's democracy, assure the Republican Party's... 2022
Sandra J. Chen, Samuel S.-H. Wang, Bernard Grofman, Richard F. Ober, Jr., Kyle T. Barnes, Jonathan R. Cervas TURNING COMMUNITIES OF INTEREST INTO A RIGOROUS STANDARD FOR FAIR DISTRICTING 18 Stanford Journal of Civil Rights & Civil Liberties 101 (February, 2022) Recent technological advances make possible a practical, rigorous application of communities of interest (COIs) to redisricting measures. Geographers, political scientists, and legal scholars have suggested that keeping communities together can enhance representational fairness. As other paths for redressing gerrymandering have closed in recent... 2022
Sarah H. Lorr UNACCOMMODATED: HOW THE ADA FAILS PARENTS 110 California Law Review 1315 (August, 2022) In 1990, Congress passed the Americans with Disabilities Act (ADA) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. Thirty years after this landmark law, discrimination and ingrained prejudices against individuals with intellectual disabilities--especially poor... 2022
Jamie Rowen, Scott Blinder, Rebecca Hamlin , Department of Legal Studies and Political Science, University of Massachusetts, Amherst, Massachusetts, USA VICTIM, PERPETRATOR, NEITHER: ATTITUDES ON DESERVINGNESS AND CULPABILITY IN IMMIGRATION LAW 56 Law and Society Review 369 (September, 2022) This study examines whether there is popular support for a restrictive immigration policy aimed at denying safe haven to human rights abusers and those affiliated with terrorism. We designed a public opinion survey experiment that asks respondents to evaluate whether low level or high-level Taliban members who otherwise qualify for refugee status... 2022
Liz Bradley , Hillary Farber VIRTUALLY INCREDIBLE: RETHINKING DEFERENCE TO DEMEANOR WHEN ASSESSING CREDIBILITY IN ASYLUM CASES CONDUCTED BY VIDEO TELECONFERENCE 36 Georgetown Immigration Law Journal 515 (Winter, 2022) The COVID-19 pandemic forced courthouses around the country to shutter their doors to in-person hearings and embrace video teleconferencing (VTC), launching a technology proliferation within the U.S. legal system. Immigration courts have long been authorized to use VTC, but the pandemic prompted the Executive Office for Immigration Review (EOIR) to... 2022
Erin Griffard WEAKENING THE DEPORTATION PIPELINE BY ENCOURAGING LOCAL LAW ENFORCEMENT AGENCIES TO TERMINATE THEIR 287(G) AGREEMENTS: LOCAL STRATEGIES GROUNDED IN ADMINISTRATIVE AND MORAL IMPLICATIONS 36 Georgetown Immigration Law Journal 1087 (Spring, 2022) C1-3Table of Contents I. Introduction. 1088 II. Background on the 287(g) Program. 1089 A. Nuts and Bolts of 287(g) Agreements. 1089 B. Historical Background on 287(g) Agreements. 1093 1. 287(g) Agreements under the Trump Administration. 1094 2. 287(g) Agreements in the Biden Era. 1095 III. 287(g) Agreements Are Inherently Unjust, Ineffective, and... 2022
Amanda Frost "BY ACCIDENT OF BIRTH": THE BATTLE OVER BIRTHRIGHT CITIZENSHIP AFTER UNITED STATES v. WONG KIM ARK 32 Yale Journal of Law & the Humanities 38 (Summer, 2021) In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting... 2021
Vincent Becraft "YEARNING TO BREATHE FREE": IMMIGRANT DUE PROCESS RIGHTS CONSTRAINED BY THE SUPREME COURT'S RECENT UPHOLDING OF 8 U.S.C. § 1226 30-SPG Kansas Journal of Law & Public Policy 281 (Spring, 2021) Most fathers envision walking their daughters down the aisle and giving a heartfelt wedding speech, toasting the new couple and reflecting, maybe bittersweetly, on the new family and life she is creating with her spouse. Juan Lozano Magdaleno's role in his daughter's wedding was reduced to giving a speech, played over speaker phone at the wedding... 2021
Carrie L. Rosenbaum (UN)EQUAL IMMIGRATION PROTECTION 50 Southwestern Law Review 231 (2021) L1-3Table of Contents I. Introduction. 231 II. Equal Protection Intent Doctrine. 236 III. Immigration UnEqual Protection. 243 A. Equal Protection Challenges to Alienage Laws. 245 B. Equal Protection Challenges to Racially Discriminatory Immigration Laws. 246 IV. DHS v. Regents - Intentional Blindness Redoubled. 253 V. Conclusion. 260 2021
Ediberto Román , Ernesto Sagás A DOMESTIC REIGN OF TERROR: DONALD TRUMP'S FAMILY SEPARATION POLICY 24 Harvard Latinx Law Review 65 (Spring, 2021) Family separation has the dubious distinction of being the most odious measure amongst Donald Trump's draconian anti-immigrant immigration policies. The policy was introduced by the Trump administration as a way to broadly deter would-be immigrants and asylum seekers by instilling in them the fear of being separated from their children. After its... 2021
Dominique Marangoni-Simonsen A FORGOTTEN HISTORY: HOW THE ASIAN AMERICAN WORKFORCE CULTIVATED MONTEREY COUNTY'S AGRICULTURAL INDUSTRY, DESPITE NATIONAL ANTI-ASIAN RHETORIC 27 Hastings Environmental Law Journal 229 (Winter, 2021) This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these... 2021
Taleed El-Sabawi , Jennifer J. Carrolla A MODEL FOR DEFUNDING: AN EVIDENCE-BASED STATUTE FOR BEHAVIORAL HEALTH CRISIS RESPONSE 94 Temple Law Review 1 (Fall, 2021) Too many Black persons and other persons of color are dying at the hands of law enforcement, leading many to call for the defunding of police. These deaths were directly caused by excessive use of force by police officers but were also driven by upstream and institutional factors that include structural racism, institutional bias, and a historic... 2021
Medha D. Makhlouf , Patrick J. Glen A PATHWAY TO HEALTH CARE CITIZENSHIP FOR DACA BENEFICIARIES 12 California Law Review Online 29 (June, 2021) Since 2012, beneficiaries of Deferred Action for Childhood Arrivals (DACA) have enjoyed a certain normalization, however tenuous, of their status in the United States: they can legally work, their removal proceedings are deferred, and they cease to accrue unlawful presence. Regarding subsidized health coverage, however, DACA beneficiaries remain on... 2021
Portia Pedro A PRELUDE TO A CRITICAL RACE THEORETICAL ACCOUNT OF CIVIL PROCEDURE 107 Virginia Law Review Online 143 (June, 2021) In this Essay, I examine the lack of scholarly attention given to the role of civil procedure in racial subordination. I posit that a dearth of critical thought interrogating the connections between procedure and the subjugation of marginalized peoples might be due to the limited experiences of procedural scholars; a misconception that procedural... 2021
Lexie M. Ford A REASONABLE POSSIBILITY OF REFOULEMENT: THE INADEQUACIES OF PROCEDURES TO PROTECT VULNERABLE NONCITIZENS FROM RETURN TO PERSECUTION, TORTURE, OR DEATH 9 Texas A&M Law Review 209 (Fall, 2021) Due primarily to increases in individuals fleeing violence and turmoil in Central America, over 40% of noncitizens arriving in the United States are put on a fast-track removal process and subsequently claim fear of returning to their home countries. A decade ago, the number was only 5%. This influx of asylum-seekers at the border has led to... 2021
Kareem W. Shora A TWENTY-YEAR LESSON: THE ROLE OF CIVIL RIGHTS IN SECURING OUR NATION 12 Journal of National Security Law & Policy 187 (2021) L1-2Introduction: The Failure of Trust and Impact on Communities . L3187 L1A. L2Lesson One: Do Not Conflate Immigration Enforcement with Violence Prevention. L3188 I. Diversity, Equity, and Inclusion Provide Collective Security. 189 A. Lesson Two: Avoid the ideological litmus test. 190 B. Lesson Three: Civil Rights and Civil Liberties Should Not Be... 2021
Shalini Bhargava Ray ABDICATION THROUGH ENFORCEMENT 96 Indiana Law Journal 1325 (Summer, 2021) Presidential abdication in immigration law has long been synonymous with the perceived nonenforcement of certain provisions of the Immigration and Nationality Act. President Obama's never-implemented policy of deferred action, known as DAPA, serves as the prime example in the literature. But can the President abdicate the duty of faithful execution... 2021
  AFFIRMATIVE DUTIES IN IMMIGRATION DETENTION 134 Harvard Law Review 2486 (May, 2021) Detention has become an undeniably central part of immigration enforcement today. In principle, the constitutional right to be free from deprivation of life, liberty, or property, without due process of law extends to all persons within U.S. territory, regardless of citizenship. In practice, due process for noncitizen detainees tends to be far... 2021
Alexander A. Boni-Saenz AGE DIVERSITY 94 Southern California Law Review 303 (January, 2021) This Article is the first to examine age diversity in the legal literature, mapping out its descriptive, normative, and legal dimensions. Age diversity is a plural concept, as heterogeneity of age can take many forms in various human institutions. Likewise, the normative rationales for these assorted age diversities are rooted in distinct... 2021
Christine Cimini, Doug Smith AN INNOVATIVE APPROACH TO MOVEMENT LAWYERING: AN IMMIGRANT RIGHTS CASE STUDY 35 Georgetown Immigration Law Journal 431 (Winter, 2021) C1-3Table of Contents L1-2Introduction . L3432 I. Literature on Lawyering and Social Change. 442 A. The Critique of Lawyers as Agents for Social Change. 442 B. Newer Models of Social Change Lawyering. 447 II. The Rise and Fall of S-Comm as an Effective Case Study. 454 III. The Immigrant Rights Landscape Prior to S-Comm. 456 A. The Local/National... 2021
Nikolas Bowie ANTIDEMOCRACY 135 Harvard Law Review 160 (November, 2021) Democracy can take root anywhere, from community gardens to the most toxic workplace environments. It's planted whenever people treat one another as political equals, allowing everyone in the community, or demos, to share in exercising power, or kratos. Where democracy is allowed to blossom, it can undermine social hierarchies that have long seemed... 2021
Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills ANTIRACISM, REFLECTION, AND PROFESSIONAL IDENTITY 18 Hastings Race and Poverty Law Journal 3 (Winter, 2021) Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional... 2021
Lindsay M. Harris , Hillary Mellinger ASYLUM ATTORNEY BURNOUT AND SECONDARY TRAUMA 56 Wake Forest Law Review 733 (2021) We are in the midst of a crisis of mental health for attorneys across all practice areas. Illustrating this broader phenomenon, this interdisciplinary Article shares the results of the 2020 National Asylum Attorney Burnout and Secondary Traumatic Stress Survey (Survey). Using well-established tools, such as the Copenhagen Burnout Inventory and... 2021
Anna Hales BEYOND BORDERS: HOW PRINCIPLES OF PRISON ABOLITION CAN SHAPE THE FUTURE OF IMMIGRATION REFORM 11 UC Irvine Law Review 1415 (August, 2021) This Note presents prison abolition theory and discusses how principles of abolition can be applied in the context of immigration enforcement and reform. In doing so, this Note argues for an open borders approach to immigration, presents several viewpoints on what such a regime may look like, and discusses how this vision can shape immigration... 2021
Wyatt G. Sassman , Danielle C. Jefferis BEYOND EMISSIONS: MIGRATION, PRISONS, AND THE GREEN NEW DEAL 51 Environmental Law 161 (Spring, 2021) The Green New Deal is a bold resolution that asks us to envision climate policy beyond emissions reductions and pollution controls. The proposal seeks to reduce environmental impacts, including by dramatically reducing carbon emissions, while supporting domestic manufacturing, unionized labor, sustainable agriculture, and social equity. The Biden... 2021
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