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
Keith Cunningham-Parmeter Alien Language: Immigration Metaphors and the Jurisprudence of Otherness 79 Fordham Law Review 1545 (March, 2011) Metaphors tell the story of immigration law. Throughout its immigration jurisprudence, the U.S. Supreme Court has employed rich metaphoric language to describe immigrants attacking nations and aliens flooding communities. This Article applies research in cognitive linguistics to critically evaluate the metaphoric construction of immigrants in the... 2011
Peter Brimelow. New York: Harperperennial Library. 1996., Lawrence P. Donnelly Alien Nation: Common Sense about America's Immigration Disaster 22 Suffolk Transnational Law Review 311 (Winter, 1998) A few years ago now, Peter Brimelow, a well-known advocate for a more restrictive United States immigration policy, wrote a book, which codified his views with a plethora of statistical support, that revolutionized the immigration debate. As an immigrant to the United States himself, Brimelow brings a unique perspective to this debate which he... 1998
John Gibeaut Alien Resurrection: Justices Open the Door for States to Control Immigration Status 97-AUG ABA Journal 22 (August, 2011) In one respect, the U.S. Supreme Court issued an opinion so narrow it squeaked when it upheld an Arizona state law that can harshly punish employers who hire illegal immigrants. Indeed, Arizona business leaders say they expect little change in their state as a result of the May 26 decision in Chamber of Commerce v. Whiting. But in another respect,... 2011
Amy F. Kimpel ALIENATING CRIMINAL PROCEDURE 37 Georgetown Immigration Law Journal 237 (Winter, 2023) The paradigmatic federal criminal case is not the prosecution of Elizabeth Holmes or John Gotti, but rather that of a poor immigrant of color for a low-level border offense. There persists a perception that federal criminal court is reserved for complex crimes that require robust resources to prosecute and defend. These resources are said to fund... 2023
Sarah E. Mullen-Domínguez Alienating the Unalienable: Equal Protection and Valley Park, Missouri's Illegal Immigration Ordinance 52 Saint Louis University Law Journal 1317 (Summer 2008) Mayor Jeffrey Whitteaker turned up his radio as he cruised down Highway 30 in his American-made pick-up. A radio report caught his ear. It described a rousing controversy over a municipal ordinance recently passed in the small town of Hazelton, Pennsylvania. Hazelton's City Council had enacted an ordinance that cracked down on the illegal... 2008
Kevin R. Johnson Aliens and the U.s. Immigration Laws: the Social and Legal Construction of Nonpersons 28 University of Miami Inter-American Law Review 263 (1997) L1-3,T3I. Introduction 264 L1-4 L1-3,T3II. Citizens and Aliens' 270 L1-4 A. Deportable and Excludable Aliens'. 274 L1-4 B. Good (Legal) and Bad (Illegal) Aliens'. 276 L1-4 C. Implications of the Alien Terminology. 279 L1-4 L1-3,T3III. The Influence of Race 281 L1-4 A. Some Examples: Mexicans, Haitians, Cubans. 282 L1-4 B. The Absence of... 1997
Raquel Aldana , Sylvia R. Lazos Vargas Aliens in Our midst Post-9/11: Legislating Outsiderness Within the Borders 38 U.C. Davis Law Review 1683 (June, 2005) Defining America Through Immigration Policy (Mapping Racisms Series). By Bill Ong Hing. Temple University Press, 2003. Pp. 336. The Huddled Masses Myth: Immigration and Civil Rights. By Kevin R. Johnson. Temple University Press, 2003. Pp. 264. Alienated: Immigrant Rights, the Constitution, and Equality in America. By Victor C. Romero. New York... 2005
Martin H. Malin Alt Labor? Why We Still Need Traditional Labor 95 Chicago-Kent Law Review 157 (2020) The United States' workplace is characterized by income inequality, and there is strong evidence that the decline of collective bargaining has played a significant role in that phenomenon. There is also strong evidence that U.S. workers are experiencing a significant voice gap, i.e., a significant difference between the level of influence they... 2020
Rev. Craig Kyle Hemphill, Esq. Am I My Brother's Keeper?: Immigration Law Reform and the Liberty That Is America (A Legal, Theological and Ethical Observation on the Debate of Allowing Immigrant Amnesty). 15 Texas Hispanic Journal of Law and Policy 51 (Spring 2009) I. Immigration. 53 II. History. 54 A. 1986 Act. 54 B. Section 245(i). 55 III. Immigrant Amnesty. 56 A. An Ex-Post Status Determination is Okay. 56 1. Migration and Contribution. 57 B. Immigration through Ethics and Theology. 58 1. The Human Being as Worth. 58 a. comparative theology and ethics regarding human rights--world religions' perspectives... 2009
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
Kenzo S. Kawanabe American Anti-immigrant Rhetoric Against Asian Pacific Immigrants: the Present Repeats the past 10 Georgtown Immigration Law Journal 681 (Summer, 1996) These words signify the ideal on which America, the nation of immigrants, was built. Whether in 1820 or 1996, through Ellis Island or Angel Island, the American immigrant, inspired by the hopes and dreams of a better life, has brought human capital to this nation. With the exception of Native Americans and indigenous Hawaiian Americans, most... 1996
Antonia Hernandez American Citizenship Post 9-11 1 Stanford Journal of Civil Rights & Civil Liberties 289 (April, 2005) As an immigrant, the child of a United States-citizen father whose family was deported to Mexico during the Depression, as an attorney who has for over twenty-five years sought to change our immigration laws, and as the former President and General Counsel of MALDEF, the Mexican American Legal Defense and Educational Fund, I believe that I have... 2005
Gabriela Vasquez AMERICAN EXCLUSION DOCTRINE: A RESPONSE TO LIBERAL DEFENSES OF STARE DECISIS 28 National Black Law Journal 1 (2022) Stare decisis has long been considered a conservative doctrine. Yet, in recent years, liberals have taken up a defense of the legal principle in efforts to preserve key liberal precedents. Despite the existing critiques of stare decisis as oppressive, political, and inconsistent, advocates along the entire political spectrum continue to claim its... 2022
Julie Wilensky American Gulag: Inside U.s. Immigration Prisons, by Mark Dow 8 Yale Human Rights and Development Law Journal 228 (2005) In the wake of stringent 1996 federal immigration laws and post-9/11 terrorism concerns, the number of immigrants held in administrative detention in the U.S. has increased at an alarming rate. The Bureau of Immigration and Customs Enforcement (formerly the Immigration and Naturalization Service) currently detains around 200,000 noncitizens each... 2005
Kayleigh Scalzo American Idol: the Domestic and International Implications of Preferencing the Highly Educated and Highly Skilled in U.s. Immigration Law 79 George Washington Law Review 926 (April, 2011) Anna and Peter both live in Poland. Anna is a waitress, and none of her family members has ever been to the United States. Peter is a highly acclaimed ballet dancer, having performed with the best companies worldwide. Like Anna, none of his family members has ever been to the United States. Both Anna and Peter would like to immigrate to the United... 2011
Charles P. Schwartz, Jr. American Immigration Policy 55 Columbia Law Review 311 (March, 1955) Like all newcomers to a community, immigrants invariably create problems. They often face severe personal and economic difficulties in adjusting to an unfamiliar environment. The community finds it difficult to define the standards and methods for admission and integration of the new members since this involves a fresh appraisal of basic... 1955
Mehwish Shaukat American Muslim Women: Who We Are and What We Demand from Feminist Jurisprudence 31 Hastings Women's Law Journal 155 (Summer, 2020) It is time for feminist jurisprudence to recognize American Muslim women (AMW) as a distinct and agentic group. For too long, feminist discourse has victimized and objectified Muslim women. Our identities are constructed, deconstructed, and weaponized to suit third party needs; yet, our voices are rarely heard. When feminist legal theories... 2020
Nicole Jacoby America's De Facto Guest Workers: Lessons from Germany's Gastarbeiter for U.s. Immigration Reform 27 Fordham International Law Journal 1569 (April, 2004) In the summer of 2001, U.S.-Mexican talks on immigration reform reached a pinnacle. In an address to a joint session of Congress in September 2001, Mexican President Vicente Fox pressed for the legalization of undocumented Mexican workers in the United States and bilateral talks between the Mexican leader and his U.S. counterpart yielded promising... 2004
Karla M. McKanders America's Disposable Youth: Undocumented Delinquent Juveniles 59 Howard Law Journal 197 (Fall, 2015) INTRODUCTION. 198 I. CONSTRUCTING THE LEGAL SUBJECT: UNDOCUMENTED DELINQUENT YOUTH AND MULTIPLE LAYERS OF ILLEGALITY. 201 A. Layer One: The Undocumented Child and the Immigration System. 202 1. Rhetoric and the Othering of Immigrants. 204 2. Immigrant Children and Vulnerability. 207 B. Layer Two: State and Local Juvenile Delinquency Systems. 211... 2015
James J. Orlow America's Incoherent Immigration Policy: Some Problems and Solutions 36 University of Miami Law Review 931 (September, 1982) The author identifies some basic problems with America's immigration policy. Initially he observes that a fair and reasonable policy can only be made at the risk of inflaming local prejudices. Furthermore, the policy is inherently political and inconsistently applied. Finally, the enforcement of immigration law is not effective because the... 1982
Charles J. Ogletree, Jr. America's Schizophrenic Immigration Policy: Race, Class, and Reason 41 Boston College Law Review 755 (July, 2000) Abstract: The historical purpose of American immigration policy was to provide a haven for those fleeing persecution and those seeking prosperity, as well as to satisfy workforce and frontier-expansion needs. However, a survey of U.S. immigration policy reveals that this historical purpose has been distorted and abandoned, if in fact it ever... 2000
Gabriel Sáenz America's Second-class Children: an Examination of President Trump's Immigration Policies on Migrant Children and Inquiry on Justice Through the Catholic Perspective 22 Scholar: St. Mary's Law Review on Race and Social Justice 143 (2020) I. Just Standard vs. Malignant Standard. 145 II. The Malignant Standard. 151 A. Brief Background on the Recent Wave of Immigrant Children Coming to the United States. 151 B. Trump's Administration Responded with Family Separation. 152 C. Trump's Administration has Undermined and Attacked Programs Designed to Help Immigrant Children in Immigration... 2020
Christina McMahon Amidst Controversy over Federal 287(g) Immigration Program, Arizona Approves Immigration Trespassing Crime under New Law 15 Public Interest Law Reporter 141 (Spring 2010) In 2008, Velia Meraz and Manuel Nieto, Jr. were traveling to their Phoenix, Ariz. auto-repair store when four local law enforcement patrol cars blocked their path. Officers then surrounded Meraz and Nieto with weapons raised. The officers, who had been conducting an immigration sweep near the store, believed that Meraz and Nieto were undocumented... 2010
Christopher Angevine Amnesty and the "Legality" of Illegal Immigration: How Reliance and Underenforcement Inform the Immigration Debate 50 South Texas Law Review 235 (Winter 2008) I. Introduction. 235 II. Illegal Immigration and the Law's Formal Response . 236 III. Immigration (Under)Enforcement. 243 A. Border Insecurity. 245 B. Turning a Blind Eye to the Employment of Illegal Immigrants. 247 IV. Enforcement, Reliance, and Amnesty. 251 V. Conclusion. 255 2008
Eleanor Marie Lawrence Brown An Alternative View of Immigrant Exceptionalism, Particularly as it Relates to Blacks: a Response to Chua and Rubenfeld 103 California Law Review 989 (August, 2015) The contrast between Amy Chua and Jed Rubenfeld's The Triple Package (Chua & Rubenfeld 2.0) and Chua's previous work, World on Fire (Chua 1.0), is striking. Chua & Rubenfeld 2.0 contends that particular ethnic and religious groups are spectacularly successful in the United States because of a triple package of traits that are largely cultural;... 2015
Leigh Marie Dannhauser AN ANALYSIS OF GREECE'S POTENTIAL VIOLATIONS OF THE REFUGEE CONVENTION AND THE ROME STATUTE IN ITS TREATMENT OF REFUGEES 27 UCLA Journal of International Law and Foreign Affairs 57 (Fall, 2023) C1-2Table of Contents Introduction. 58 I. C Losed Refugee Camps and the Freedom of Movement. 59 A. Is the Refugee Convention Applicable?. 59 B. Interpreting Articles 26 and 31 of the Refugee Convention. 60 C. How Greece is Operating its Closed Refugee Camps. 65 D. Is the Refugees' Right to the Freedom of Movement Being Violated?. 66 E. Do Greece's... 2023
Hannah Whitney McMurry Schrock An Emerging Civil Rights Movement: Immigrant Populations in Need of Equal Protection under the Fourteenth Amendment 34 Northern Kentucky Law Review 749 (2007) Studying abroad in Oaxaca, Mexico, I saw first-hand the extreme poverty that plagues third world countries; and it is intensely magnified in comparison to that of my Appalachian Eastern Kentucky hometown. It is not difficult to understand why one may choose to leave his or her country and loved ones behind, risking death or mutilation for the... 2007
Kevin R. Johnson An Essay on Immigration Politics, Popular Democracy, and California's Proposition 187: the Political Relevance and Legal Irrelevance of Race 70 Washington Law Review 629 (July, 1995) In elegantly referring to government of the people, by the people, and for the people, Abraham Lincoln famously tapped into the nation's enthusiasm for democracy. From the founding of this nation, however, the potential excesses of democracy also have generated considerable concern. In an attempt to avoid such excesses, the Constitution moderates... 1995
Kevin R. Johnson An Essay on Immigration, Citizenship, and U.s./mexico Relations: the Tale of Two Treaties 5 Southwestern Journal of Law and Trade in the Americas 121 (Spring 1998) The 1990s have been fascinating times for study of United States-Mexico relations. In the decade's early years, public discussion in the United States centered on the ratification of the North American Free Trade Agreement (NAFTA), a controversial trade accord between the United States, Mexico, and Canada. The NAFTA debate in the United States... 1998
Kevin R. Johnson An Immigration Gideon for Lawful Permanent Residents 122 Yale Law Journal 2394 (June, 2013) In evaluating the legacy of Gideon v. Wainwright, it is critical to remember that the Supreme Court's decision rested on the Sixth Amendment right to counsel for the accused in criminal cases. American law sharply demarcates between the many rights available to criminal defendants and the significantly more limited bundle of protections for civil... 2013
Daniel I. Morales AN IMMIGRATION LAW FOR ABOLITIONISTS (AND REACTIONARIES) 13 UC Irvine Law Review 1291 (November, 2023) Immigration law gets most things wrong and satisfies no one--not immigrants, not moderates, not restrictionists, and not abolitionists (the #AbolishICE crowd). It is bad law premised on skewed epistemic inputs--the fantasies of U.S. citizens--and enforced by a national agency with bloated resources tasked with solving a problem (illegal... 2023
Louis Henkin An Immigration Policy for a Just Society? 31 San Diego Law Review 1017 (FALL 1994) Thanks largely to A Theory of Justice , Professor John Rawls' modern classic, justice has been a preoccupation of political philosophers in the second half of the Twentieth Century. But Rawls - and Aristotle, who was occupied with justice 2,300 years earlier, and virtually all the many others in between - addressed the just society as... 1994
James A.R. Nafziger An Immigration Policy of Helping Bring People to the Resources 8 Denver Journal of International Law and Policy 607 (1979) The issue of undocumented aliens in the United States eludes resolution because of several factors. These include distorted, ritualized commentary, an incomplete and incoherent national policy framework, deficiencies in the federal immigration law and its implementation, and consequent public mis-perceptions which encourage more of the same. In... 1979
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
Denny Chan An Invisibility Cloak: the Model Minority Myth and Unauthorized Asian Immigrants 3 UC Irvine Law Review 1281 (December, 2013) Introduction. 1281 I. The Case for Unauthorized Immigration as a Latino Issue. 1282 A. Evidence from the World Wide Web. 1283 B. Legislative Evidence. 1283 C. Public Commentary. 1287 II. Reasons Why Latinos and the Unauthorized Are Conflated. 1288 A. Powerful Numbers and Rapid Growth. 1288 B. Geographic Proximity. 1290 C. Economic Factors. 1290 D.... 2013
Anna Arons AN UNINTENDED ABOLITION: FAMILY REGULATION DURING THE COVID-19 CRISIS 12 Columbia Journal of Race and Law 1 (4-Apr-22) In a typical year, New York City's vast family regulation system, fueled by an army of mandated reporters, investigates tens of thousands of reports of child neglect and abuse, policing almost exclusively poor Black and Latinx families even as the government provides those families extremely limited support. When the City shut down in the wake of... 2022
Anthony J. DeMattee , Matthew J. Lindsay , Hallie Ludsin AN UNREASONABLE PRESUMPTION: THE NATIONAL SECURITY/FOREIGN AFFAIRS NEXUS IN IMMIGRATION LAW 88 Brooklyn Law Review 747 (Spring, 2023) For well over a century, immigration governance has occupied a constitutionally unique niche within American public law, where it is subject to substantially weaker constitutional constraints than apply in virtually every other context. When the federal government banishes a noncitizen from the country or detains her for months or years at a time,... 2023
Maria Fernanda Parra-Chico An Up-close Perspective: the Enforcement of Federal Immigration Laws by State and Local Police 7 Seattle Journal for Social Justice 321 (Fall/Winter 2008) The attacks of September 11, 2001, evoked a debate over whether, and to what extent, the federal government should employ the resources and efforts of local law enforcement agencies to carry out U.S. immigration law mandates. Today, state and local governments--working closely with federal authorities-- are enacting laws and ordinances seeking to... 2008
Kevin R. Johnson , Joanna E. Cuevas Ingram Anatomy of a Modern-day Lynching: the Relationship Between Hate Crimes Against Latina/os and the Debate over Immigration Reform 91 North Carolina Law Review 1613 (June, 2013) Our contribution to the Race Trials symposium considers the protracted legal battles to bring justice to the perpetrators of the killing of a young Mexican immigrant in rural Pennsylvania. From that sensational case, we attempt to draw more general civil rights lessons. The Article specifically contends that hate crimes directed at Latina/os,... 2013
Priscilla Huang Anchor Babies, Over-breeders, and the Population Bomb: the Reemergence of Nativism and Population Control in Anti-immigration Policies 2 Harvard Law & Policy Review 385 (Summer, 2008) At the start of 2008, news of a baby boomlet made headlines. For the first time in 35 years, the U.S. fertility rate, or average number of children born to each woman, reached 2.1 in 2006, the number statisticians say is needed for a population to replace itself. Demographers pointed to an increase in the number of immigrants as a main reason for... 2008
Shirley Lin And Ain't I a Woman?: Feminism, Immigrant Caregivers, and New Frontiers for Equality 39 Harvard Journal of Law & Gender 67 (Winter 2016) Introduction. 67 I. Feminist Legal Theory at the Crossroads: Immigrant Women Caregivers and the Carceral Matrix. 71 A. Feminism, Economic Insecurity, and Social Reproduction: Gender Equity in Context. 74 B. Immigrants and the Deepening Paradox of Wrongs Without Remedies. 81 1. From Contradiction to Lawful Retaliation: IRCA and Hoffman Plastics... 2016
Kevin C. Wilson And Stay Out! The Dangers of Using Anti-immigrant Sentiment as a Basis for Social Policy: America Should Take Heed of Disturbing Lessons from Great Britain's past 24 Georgia Journal of International and Comparative Law 567 (Winter, 1995) In recent years the United States has experienced a steady rise of anti-immigrant sentiment comparable to the worst periods of time in [its] history. With mounting fears regarding scarce jobs and a stagnant economy, immigrants have become the unfortunate scapegoats for the ills of American society. The tide of anti-immigrant sentiment has been... 1995
Jonathan C. Augustine AND WHO IS MY NEIGHBOR?: A FAITH-BASED ARGUMENT FOR IMMIGRATION POLICY REFORM IN WELCOMING UNDOCUMENTED REFUGEES 66 Howard Law Journal 439 (Spring, 2023) When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as a citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt. The January 6, 2021 insurrection at the Capitol in Washington, DC, revealed several things about the United States. In... 2023
Mae M. Ngai, University of Chicago Andrew Gyory, Closing the Gate: Race, Politics, and the Chinese Exclusion Act. Chapel Hill: University of North Carolina Press, 1998. Xii, 354 Pp. $49.95 (Cloth). $19.95 (Paper). 44 American Journal of Legal History 304 (July, 2000) The Chinese exclusion laws (1882-1943) stand among the darkest moments in the history of American race policy. One of the first acts of federal legislation regulating immigrants, Chinese exclusion would remain the only policy that banned from entering the United States a group of people explicitly on grounds of race. Over the last thirty years... 2000
Kaili Akar ANOTHER GROUP BITES THE DUST: THE FOURTH CIRCUIT'S RIGID DETERMININATION OF PARTICULAR SOCIAL GROUPS 64 Boston College Law Review E-Supplement 52 (4/25/2023) Abstract: In 2022, in Herrera-Martinez v. Garland, the U.S. Court of Appeals for the Fourth Circuit held that prosecution witnesses are not a sufficiently particular social group (PSG) to warrant protection from deportation under the Immigration and Nationality Act. The Fourth Circuit's decision added to varying interpretations of the... 2023
Rodolfo D. Saenz Another Sort of Wall-building: How Crimmigration Affects Latino Perceptions of Immigration Law 28 Georgetown Immigration Law Journal 477 (Winter, 2014) The increased criminalization of immigration law has resulted in a number of problems that directly affect Latinos. For example, Latinos currently account for the vast majority of individuals detained in immigration detention and removed from the country. Furthermore, Latinos are the largest racial group sentenced to federal prison, and immigration... 2014
Bill Ong Hing Answering Challenges of the New Immigrant-driven Diversity: Considering Integration Strategies 40 Brandeis Law Journal 861 (Summer, 2002) In an odd manner, the tragic events of September 11th served as a reminder that the United States is a nation of immigrants that has grown more and more diverse since the 1965 amendments to the country's immigration laws. As the nation reeled from the attacks, we regrouped in incredible demonstrations of unity and patriotism. Yet, an ugly side of... 2002
Peter H. Huang ANTI-ASIAN AMERICAN RACISM, COVID-19, RACISM CONTESTED, HUMOR, AND EMPATHY 16 FIU Law Review 669 (Spring, 2022) This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article... 2022
Kayla M. Chisholm ANTI-BLACKNESS IN IMMIGRATION: A COMPARATIVE ANALYSIS BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES [ESTADOS UNIDOS MEXICANOS] 31 Tulane Journal of International and Comparative Law 145 (Winter, 2023) I. Introduction. 146 II. Prevalence of Anti-Blackness Found in Immigration Law and Policies. 148 A. Brief History of North American Migration Law. 148 B. Overview of Immigration Legal Landscape for Forced Migrants--The United States. 150 C. Overview of Immigration Legal Landscape for Forced Migrants--Mexico. 153 D. Haitian Relations Issues Specific... 2023
1 2 3 4 5 6 7 8 9 10 11 12