Nathan D. Clark Not the Place for You : Anti-immigrant Housing Ordinances, Federal Preemption, and Keller V. City of Fremont, 719 F.3d 931 (8th Cir. 2013), Cert. Denied, 134 S. Ct. 2140 (2014) 93 Nebraska Law Review 226 (2014) I. Introduction. 227 II. Background. 233 A. Federal Preemption. 233 B. Federal Authority in the Area of Immigration. 236 1. The Naturalization Clause, Foreign Affairs, and Foreign Commerce. 237 2. Congressional Enactments. 238 C. Supreme Court Immigration Jurisprudence. 239 1. Early Supreme Court Cases. 239 2. Hines v. Davidowitz. 241 3. DeCanas v.... 2014
Rick Su Notes on the Multiple Facets of Immigration Federalism 15 Tulsa Journal of Comparative & International Law 179 (Spring 2008) Immigration is a national issue and a federal responsibility. To describe it solely in those terms today seems almost wistfully passé. There is increasing skepticism as to the federal government's willingness or ability to regulate immigration in the twenty-first century. At the same time, there appears to be growing enthusiasm for an increased... 2008
Sarah Houston NOW THE BORDER IS EVERYWHERE: WHY A BORDER SEARCH EXCEPTION BASED ON RACE CAN NO LONGER STAND 47 Mitchell Hamline Law Review 197 (February, 2021) I. Introduction. 197 II. Historical Background. 201 A. History of Expedited Removal. 201 B. Immigration Exceptionalism on the Border. 203 III. Race Can No Longer Justify Immigration Stops and Searches. 207 A. Demographic Shift--Latinos as a Majority Presence. 207 B. The Creeping Expansion of Immigration Enforcement Past the Border. 211 C. Vagueness... 2021
Sudha Setty Obama's National Security Exceptionalism 91 Chicago-Kent Law Review 91 (2016) One of the premises of this symposium is that the Obama administration, in undertaking various executive actions that protect some of the vulnerable immigrant populations in the United States, is acting in a more rights-protective manner than Congress has explicitly authorized. This Essay juxtaposes this perceived dynamic with policies in the... 2016
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
Hugh Cassidy , Tennecia Dacass , Kansas State University, Central Washington University OCCUPATIONAL LICENSING AND IMMIGRANTS 64 Journal of Law & Economics 1 (February, 2021) This study examines the incidence and impact of occupational licensing on immigrants using two sources of data: the Current Population Survey and the Survey of Income and Program Participation. We find that immigrants are significantly less likely to have a license than similar natives and that this gap is largest for men, workers in the highest... 2021
Bhavani Raman , University of Toronto, Toronto, ON, Canada, E-mail: OCEANIC MOBILITY AND THE EMPIRE OF THE PASS SYSTEM 41 Law and History Review 565 (August, 2023) From the age of empires to the apartheid regime in South Africa, pass laws have defined the scope of the mobility of subjects by relying on a paper document, the pass. This essay focusses on the pass document to understand the governance of mobility in the Indian ocean. In doing so, it shows how the pass document in its various forms through many... 2023
Etienne C. Toussaint OF AMERICAN FRAGILITY: PUBLIC RITUALS, HUMAN RIGHTS, AND THE END OF INVISIBLE MAN 52 Columbia Human Rights Law Review 826 (Winter, 2021) The COVID-19 pandemic has exposed the fragility of American democracy in at least two important ways. First, the coronavirus has ravaged Black communities across the United States, unmasking decades of inequitable laws and public policies that have rendered Black lives socially and economically isolated from adequate health care services,... 2021
Mark C. Weber Of Immigration, Public Charges, Disability Discrimination, And, of All Things, Hobby Lobby 52 Arizona State Law Journal 245 (Spring, 2020) This Essay seeks to demonstrate that federal disability discrimination law conflicts with and thus supervenes the Trump Administration's new regulations changing the standards for excluding immigrants from the United States on the basis of their likelihood of becoming a public charge. The new regulations use an explicit disability-related... 2020
César Cuauhtémoc García Hernández Of Inferior Stock: the Two-pronged Repression of Radical Immigrant Birth Control Advocates at the Turn-of-the-twentieth Century 20 Saint Thomas Law Review 513 (Spring 2008) I. Introduction. 513 II. Birth Control: A Threat to Morality. 516 III. Immigration Law and the Threat of the Dysgenic Hordes. 521 IV. Convergence of Immigration Law & Criminal Law. 527 V. Conclusion. 536 2008
Raquel Aldana Of Katz and "Aliens": Privacy Expectations and the Immigration Raids 41 U.C. Davis Law Review 1081 (February, 2008) This Article examines privacy rights for noncitizens in the context of the recent immigration raids in peoples' homes and the workplace. The Immigration and Customs Enforcement Office is conducting these raids with general or defective warrants and executes them in a discriminating dragnet-style, mostly against Latinos. The Fourth Amendment,... 2008
Duane Rudolph Of Moral Outrage in Judicial Opinions 26 William and Mary Journal of Race, Gender, and Social Justice 335 (Winter, 2020) Moral outrage is a substantive and remedial feature of our laws, and the Article addresses three questions overlooked in the scholarly literature. What do judges mean when they currently express moral outrage in the remedies portion of their opinions? Should judges express such moral outrage at all? If so, when? Relying on a branch of legal... 2020
Alex B. Long OF PROSECUTORS AND PREJUDICE (OR "DO PROSECUTORS HAVE AN ETHICAL OBLIGATION NOT TO SAY RACIST STUFF ON SOCIAL MEDIA?") 55 U.C. Davis Law Review 1717 (February, 2022) C1-2Table of Contents Introduction. 1719 I. The Special Role of Prosecutors and Public Perception of the Criminal Justice System. 1725 II. The Rules of Professional Conduct and Extra-prosecutorial Speech Manifesting Bias. 1729 A. Rule 3.8: Special Responsibilities of a Prosecutor. 1729 B. Rule 8.4(g): Discrimination. 1730 C. Rule 8.4(d): Conduct... 2022
Lee Ann S. Wang Of the Law, but Not its Spirit": Immigration Marriage Fraud as Legal Fiction and Violence Against Asian Immigrant Women 3 UC Irvine Law Review 1221 (December, 2013) Introduction. 1221 I. Immigration Marriage Fraud as a Legal Fiction. 1228 II. The Racial Problem with Coaching . 1235 III. Translation as Fraudulent Speaker. 1239 IV. Love Letters and Whiteness. 1243 V. The Citizen Subject as Innocent Speaker. 1246 Conclusion. 1249 2013
Kunal M. Parker Official Imaginations: Globalization, Difference, and State-sponsored Immigration Discourses 76 Oregon Law Review 691 (Fall 1997) Any attempt to situate the immigrant in the inter/national imagination, as the title of this symposium bids us do, must engage two extremely influential academic discourses. I will designate them as (1) the discourse of globalization as a cultural phenomenon and (2) the discourse of difference. Certain strains within these discourses deploy to... 1997
Matthew T. Hovey Oh, I'm Sorry, Did That Identity Belong to You? How Ignorance, Ambiguity, and Identity Theft Create Opportunity for Immigration Reform in the United States 54 Villanova Law Review 369 (2009) No subject touches the essence of the American experience more fundamentally than immigration, for our history is that of a heterogeneous people in quest of a homogeneous national identity. In 2004, Mr. Nassim Mohamed Leon, a Tanzanian man who legally immigrated to the United States and subsequently became a naturalized citizen, achieved a feat... 2009
Andrew Hammond ON FIRES, FLOODS, AND FEDERALISM 111 California Law Review 1067 (August, 2023) In the United States, law condemns poor people to their fates in states. Where Americans live continues to dictate whether they can access cash, food, and medical assistance. What's more, immigrants, territorial residents, and tribal members encounter deteriorated corners of the American welfare state. Nonetheless, despite repeated retrenchment... 2023
Brandon Hasbrouck ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY 108 Virginia Law Review 1289 (September, 2022) Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... 2022
Brandon Hasbrouck ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY 108 Virginia Law Review Online 239 (August, 2022) Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... 2022
Emily Ryo On Normative Effects of Immigration Law 13 Stanford Journal of Civil Rights & Civil Liberties 95 (February, 2017) Can laws shape and mold our attitudes, values, and social norms, and if so, how do immigration laws affect our attitudes or views toward minority groups? I explore these questions through a randomized laboratory experiment that examines whether and to what extent short-term exposures to anti-immigration and pro-immigration laws affect people's... 2017
D. Wendy Greene On Race, Nationhood, and Citizenship: Laura E. Gómez, Manifest Destinies: the Making of the Mexican American Race--new York University Press, 2007 34 Thurgood Marshall Law Review 421 (Spring, 2009) In response to a marked increase in immigration from South and Central America and a rapidly changing demography, within the past two decades a number of United States news pundits, politicians, and scholars have manufactured media campaigns linking illegal immigration in the United States to individuals of Mexican descent. This portrayal has... 2009
Khaled A. Beydoun ON TERRORISTS AND FREEDOM FIGHTERS 136 Harvard Law Review Forum 1 (20-Oct-22) The Russian invasion of Ukraine in late March of 2022 ushered in a new chapter of war on the European continent. For a Russian regime intent on actualizing its imperial vison and an accosted Ukranian community fighting in the name of self-determination, this war is far more than a theater of war. Ukraine evolved into real-time drama for racial... 2022
Todd H. Goodsell On the Continued Need for H-1b Reform: a Partial, Statutory Suggestion to Protect Foreign and U.s. Workers 21 BYU Journal of Public Law 153 (2007) During the summer of 2006, the nation was abuzz with talk of immigration reform. From Congress to Calexico, talk of amnesty and anti-terrorism, green cards and orange cards, minute men and mini-Ellis Islands filled both backyard summer barbecues and news reports. Emotions and rhetoric ran high. It seemed as though everyone had an opinion, but no... 2007
Maya J. Williams ON THE FENCE ABOUT IMMIGRATION AND OVERPOPULATION: "ENVIRONMENTALISTS" CHALLENGE DHS POLICIES ON NEPA BASIS IN WHITEWATER DRAW NATURAL RESOURCE CONSERVATION DISTRICT v. MAYORKAS 34 Villanova Environmental Law Journal 301 (2023) Since the late 1990s, anti-immigration forces based on environmental concerns have been prevalent in the United States. Referred to as the greening of hate, organizations like the Sierra Club - one of the nation's most significant environmental organizations - have identified immigrants as the leading cause of overpopulation as well as urban... 2023
Michael McCann , Filiz Kahraman ON THE INTERDEPENDENCE OF LIBERAL AND ILLIBERAL/AUTHORITARIAN LEGAL FORMS IN RACIAL CAPITALIST REGIMES . THE CASE OF THE UNITED STATES 17 Annual Review of Law and Social Science 483 (2021) legal orders, race and inequality, labor, capitalism, authoritarianism, liberalism Scholars conventionally distinguish between liberal and illiberal, or authoritarian, legal orders. Such distinctions are useful but often simplistic and misleading, as many regimes are governed by plural, dual, or hybrid legal institutions, principles, and practices.... 2021
Asad L. Asad On the Radar: System Embeddedness and Latin American Immigrants' Perceived Risk of Deportation 54 Law and Society Review 133 (March, 2020) Drawing on in-depth interviews with 50 Latin American immigrants in Dallas, Texas, this article uncovers systematic distinctions in how immigrants holding different legal statuses perceive the threat of deportation. Undocumented immigrants recognize the precarity of their legal status, but they sometimes feel that their existence off the radar of... 2020
Jamelia Morgan ON THE RELATIONSHIP BETWEEN RACE AND DISABILITY 58 Harvard Civil Rights-Civil Liberties Law Review 663 (Summer, 2023) For decades, legal scholars have examined the similarities between race and disability, and in particular, the similarities between the forms of social subordination, marginalization, and exclusion experienced by either racial minorities or people with disabilities. This Article builds on this existing scholarship to articulate and defend an... 2023
Devon A. Corneal On the Way to Grandmother's House: Is U.s. Immigration Policy More Dangerous than the Big Bad Wolf for Unaccompanied Juvenile Aliens? 109 Penn State Law Review 609 (Fall, 2004) When Little Red Riding Hood began her now infamous journey, she stepped onto a well-marked path designed to take her straight to her loving (albeit ailing) grandmother's house and home again. Neither Red Riding Hood nor her mother had any reason to fear that her outing would be anything but a safe and uneventful jaunt to take her grandmother a... 2004
Abby Sullivan On Thin Ice: Cracking down on the Racial Profiling of Immigrants and Implementing a Compassionate Enforcement Policy 6 Hastings Race and Poverty Law Journal 101 (Winter 2009) Since 2006 the United States Immigration and Customs Enforcement (ICE) has increasingly conducted workplace and residence raids as a prominent mechanism for the enforcement of immigration laws. According to the Immigration Policy Center, a nonprofit immigration think tank, the immigration reform debate's heavy focus on undocumented immigration... 2009
Timothy J. Lukes , Minh T. Hoang Open and Notorious: Adverse Possession and Immigration Reform 27 Washington University Journal of Law and Policy 123 (2008) The first thing visitors see upon arrival to Kelley Park and its San Jose Historical Museum is a replica of the gigantic light tower that briefly straddled the corner of Santa Clara and Market Streets. The tower was built by J. J. Owen, whose enlightenment interests also inspired his purchase of the San Jose Mercury, where a poetic supporter waxed... 2008
Kevin R. Johnson Open Borders? 51 UCLA Law Review 193 (October, 2003) U.S. immigration law is premised on the fundamental idea that it is permissible, desirable, and necessary to restrict immigration into the United States and to treat borders as a barrier to entry rather than a port of entry. In this Article, Kevin Johnson seeks to add to the scholarly dialogue on immigration law by considering the possible... 2003
Maritza I. Reyes Opening Borders: African Americans and Latinos Through the Lens of Immigration 17 Harvard Latino Law Review Rev. 1 (Spring 2014) African-American and Latino voter turnout during the 2008 and 2012 presidential elections hit record numbers. Polls show that the immigration debate influenced Latino voter turnout and preference. Presidential candidate Barack Obama's voiced support of comprehensive immigration reform strengthened his lead among Latino voters in 2008 and, once in... 2014
Kevin R. Johnson Opening the Floodgates: Why America Needs to Rethink its Borders and Immigration Laws 61 SMU Law Review Rev. 3 (Winter 2008) TIME and time again, U.S. immigration law has been well behind global and domestic changes, resulting in numerous laws and incidents that we now regret as a nation. Sadly, the United States is still behind the times. In terms of immigration policy, the nation still lives in a world of kingdoms with moats, walls, and barriers, rather than a modern... 2008
Mark C. Weber Opening the Golden Door: Disability and the Law of Immigration 8 Journal of Gender, Race and Justice 153 (Spring 2004) The United States is a nation of immigrants. It is also a nation founded on ideals of equality, however imperfectly realized those ideals have always been. This Article considers the equality rights of people with disabilities who seek to pass through the golden door of immigration into the United States. After the early historical period of free... 2004
Shefali Milczarek-Desai OPENING THE PANDEMIC PORTAL TO RE-IMAGINE PAID SICK LEAVE FOR IMMIGRANT WORKERS 111 California Law Review 1171 (August, 2023) Historically, pandemics have forced humans to break with the past and imagine their world anew. This one is no different. It is a portal, a gateway between one world and the next. --Arundhati Roy The COVID-19 pandemic has spotlighted the crisis low-wage immigrant and migrant (im/migrant) workers face when caught in the century-long collision... 2023
Francesca Strumia , Asha Kaushal Opening the Ranks of Constitutional Subjects: Immigration, Identity, and Innovation in Italy and Canada 18 German Law Journal 1657 (December 1, 2017) The relationship between immigration and constitutional identity is simultaneously obvious and evasive. This Article explores that relationship through a comparative case study of Italy and Canada. It begins with a conceptual analysis of the role of immigration against the backdrop of collective identity, constitutional identity, and constitutional... 2017
Linda S. Bosniak Opposing Prop. 187: Undocumented Immigrants and the National Imagination 28 Connecticut Law Review 555 (Spring, 1996) Political imagination is, almost always, national imagination. Among the many bruising battles engendered by the recent immigration wars in this country, the battle over California's Proposition 187 has touched an exceptionally deep nerve. Approved by the state's voters in 1994, this anti-illegal alien initiative willif the courts uphold... 1996
Ryan Saunders OPTING OUT OF THE EXCEPTION: WASHINGTON'S OPPORTUNITY TO PROVIDE DUE PROCESS FOR DETAINED IMMIGRANTS 22 Seattle Journal for Social Justice 155 (Fall, 2023) The Northwest Detention Center also known as NW ICE Processing Center in Tacoma, WA is one of the largest immigration prisons in the country, with a capacity to hold up to 1,975 immigrants. People end up in the detention center after being transferred from prisons in our state after ending their sentences, after being detained during immigration... 2023
Jacob Bronsther , Guha Krishnamurthi OPTIONAL LEGISLATION 107 Minnesota Law Review 297 (November, 2022) Not since the nineteenth century has partisanship been this intense. The only thing that Democrats and Republicans can agree upon, it seems, is that Washington is broken. Indeed, for years now, Congress has been unable to pass legislation on issues that pose serious risk to the nation and on which there is broad consensus for a federal solution... 2022
Michael D. Ramsey Originalism and Birthright Citizenship 109 Georgetown Law Journal 405 (December, 2020) The first sentence of the Fourteenth Amendment provides: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. This language raises two substantial questions of scope. First, what does it mean to be born in the United States? Does... 2020
Jan C. Ting Other than a Chinaman : How U.s. Immigration Law Resulted from and Still Reflects a Policy of Excluding and Restricting Asian Immigration 4 Temple Political & Civil Rights Law Review 301 (Spring 1995) The first purpose of this article is to state explicitly what most students and practitioners of immigration law already know implicitly or inferentially--(1) that U.S. immigration law is a direct product of the attempt to exclude Asian immigrants from the United States, and (2) that the history of U.S. immigration law reflects a protracted effort... 1995
Susan Bibler Coutin 'Otro Mundo Es Posible': Tempering the Power of Immigration Law Through Activism, Advocacy, and Action 67 Buffalo Law Review 653 (May, 2019) Since the late 1970s, when the United States Congress commissioned the Select Commission on Immigration and Refugee Policy to reevaluate immigration law and policy, public debate over immigration to the United States has become increasingly intense and polarized. In recent years, United States President Donald J. Trump has denounced Mexican... 2019
Victor C. Romero Our Illegal Founders 16 Harvard Latino Law Review 147 (Spring, 2013) I. The Current Immigration Debate in Historical Context. 147 II. A Brief History of (Il)legal Immigration. 150 A. Private Borders, National Borders, and the Role of Law. 150 B. The Malleable Border in U.S. History. 151 1. Privilege and Power during the 1700s: Our Illegal Founding Fathers. 152 2. The View from Below: Illegal People in the New... 2013
Michael Molstad Our Inner Demons: Prosecuting Domestic Terrorism 61 Boston College Law Review 339 (January, 2020) Abstract: The United States does not currently have a uniform framework for how it handles domestic terrorism. Although there is a terrorism section of the criminal code that criminalizes certain actions that are deemed terroristic, these laws are applied disproportionately to those with an Islamic ideology. Political motivations and protectionist... 2020
Katherine Tonnas Out of a Far Country: the Sojourns of Cubans, Vietnamese, Haitians, and Chinese to America 20 Southern University Law Review 295 (Fall, 1993) The United States is a nation of immigrants and refugees. The founding fathers, Thomas Jefferson and others did ... create a civic culture which made it possible for the United States to make Americans out of people from vastly different cultural and religious backgrounds unlike any other country. Therefore, some writers contend that American... 1993
Kenneth L. Karst Out of Many, One? 2 Indiana Journal of Global Legal Studies 65 (Fall, 1994) Once again, U.S. politics has placed the topic of immigration in the foreground of debate. The Governor of California has called for an amendment to the U.S. Constitution that would deny citizenship to a child born in the United States if the child's parents entered the country illegally. Although this appalling proposal seems unlikely to be taken... 1994
Lydia Turnage Out of Sight, out of Mind: Rural Special Education and the Limitations of the Idea 54 Columbia Journal of Law and Social Problems Probs. 1 (Fall, 2020) In 1975, the Individuals with Disabilities Education Act (IDEA) established a substantive right to free appropriate public education (FAPE) for children with special needs. Since that time, the right to FAPE has primarily been defined by--and enforced through--the IDEA's robust set of procedural safeguards and avenues for private enforcement.... 2020
Jennifer M. Chacón Overcriminalizing Immigration 102 Journal of Criminal Law and Criminology 613 (Summer 2012) Although there is a burgeoning literature on the criminalization of migration, immigration issues are not usually included in academic conversations surrounding overcriminalization. Criminal law scholars may not have been particularly attuned to developments in the world of immigration law because they have understood it to be primarily the domain... 2012
Hilda Loury PACHAMAMA OVER PEOPLE AND PROFIT: A CASE FOR INDIGENOUS ECOLOGY AND ENVIRONMENTAL PERSONHOOD 47 American Indian Law Review 229 (2022-2023) C1-2Table of Contents Introduction. 229 I. The Environmental Crisis. 231 A. The Anthropocene. 231 B. Global Environmental Changes. 233 II. A Comparative Analysis of Indigenous and Western Ecology. 236 A. Prefaces. 236 B. Self, Other, and Nature. 237 C. Use and Consumption. 241 D. Cultural Priorities. 243 III. Law and Personhood. 246 A. U.S.... 2023
Professor E. Tendayi Achiume PANDEMIC BORDERS AND RACIAL BORDERS: KEYNOTE DELIVERED AT THE 2020 ANNUAL SYMPOSIUM OF THE UCLA JOURNAL OF INTERNATIONAL LAW AND FOREIGN AFFAIRS 27 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2023) C1-3Table of Contents I. Beginning in the Past. 3 II. Considering the Present. 8 III. Race as a Territorial Border. 12 2023
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