Christian Sundquist PANDEMIC POLICING 37 Georgia State University Law Review 1339 (Summer, 2021) C1-2CONTENTS Introduction. 1340 I. The Cycle of Pandemic Racism. 1348 A. Economic Crises. 1348 B. Immigration Crises. 1349 C. Crime Crises. 1350 II. Pandemic Policing. 1353 Conclusion. 1359 2021
Christian Powell Sundquist PANDEMIC SURVEILLANCE DISCRIMINATION 51 Seton Hall Law Review 1535 (2021) I. Introduction. 1535 II. The Racialization of Public Health Crises. 1536 III. Surveillance Discrimination. 1537 IV. Conclusion. 1545 2021
  Panel Discussion and Commentary 23 Regent University Law Review 379 (2010-2011) Mr. Ho: We are going to open up the discussion for questions from the floor. Audience Question 1: What I want to know from Ms. Stock and Professor Kobach is what other types of state laws would be constitutional, in either of your views, in this area either to encourage entrepreneurs or highly skilled immigrants to jumpstart the economy? Are there... 2011
Virginia Ramadan, Rebecca Clark, Mark B. Lewis, Thomas E. Fox, Moderator Associate Professor of Law, New York Law School, Research Associate, Urban Institute Population Study Center, Associate Commissioner, office of Refugee Assistance and Rehabilitation Panel Three: Immigration and Social Policy 11 New York Law School Journal of Human Rights 559 (Symposium, 1994) VIRGINIA RAMADAN: Our previous panels, if I may generalize, addressed the issue of who we should allow in, and, perhaps, what should be afforded to those who are let in. What this panel will discuss is, after we let them in, how should we treat them? Should aliens or immigrants be afforded the same rights in terms of social services as United... 1994
  Panel Two: Should There Be Remote Public Access to Court Filings in Immigration Cases? 79 Fordham Law Review 25 (October, 2010) JUDGE HINKLE: This next panel is a more specific application of some of the general principles that were addressed in the panel that we just finished. When CACM was first developing the privacy policies that led later to the adoption of the rules that we are operating under, Social Security cases were cut out for different treatment than all other... 2010
David C. Koelsch Panic in Detroit: the Impact of Immigration Reforms on Urban African Americans 5 Georgetown Journal of Law and Public Policy 447 (Summer, 2007) Premise: Proposals to reform the current immigration system to legalize undocumented immigrants will impact poor, urban African Americans to a greater degree than the majority of the United States population. Detroit, as the largest African American-majority city in the United States, is a microcosm of the nationwide effects of a broad legalization... 2007
Nantiya Ruan Papercuts: Hierarchical Microaggressions in Law Schools 31 Hastings Women's Law Journal L.J. 3 (Winter, 2020) It is hard to say no to the existing social and political order--and to mean it, to mean it with an everyday commitment of energy. --Dorothy Day Death by a thousand cuts. Torts lacks the status of Contracts. In this alternate universe, it is the drafting and interpreting of legal documents that is most valued in the law. As the Professors of... 2020
John C. Eastman Papers, Please: Does the Constitution Permit the States a Role in Immigration Enforcement? 35 Harvard Journal of Law & Public Policy 569 (Spring, 2012) Arizona kicked up quite a dust storm in 2010 when it enacted Senate Bill 1070 (S.B. 1070). Proponents hoped the law would help Arizona control the burgeoning illegal immigration into the state and its attendant costs-- costs that affect the financial stability of the state, the safety of its residents, and the very rule of law itself. The legal... 2012
Michael Scaperlanda Partial Membership: Aliens and the Constitutional Community 81 Iowa Law Review 707 (March 1, 1996) In the midst of one of the largest waves of legal immigration in our nation's history, a strong anti-immigrant undertow threatens to pull us from our constitutional commitment to equality and from our national mythology of open arms and golden doors. The debates concerning noncitizens in the public square of the 1990s provide a good occasion and... 1996
Keith Aoki , John Shuford , Esmeralda Soria , Emilio Camacho Pastures of Peonage?: Tracing the Feedback Loop of Food Through Ip, Gmos, Trade, Immigration, and U.s. Agro-maquilas 4 Northeastern University Law Journal L.J. 1 (Spring, 2012) I. Introduction II. The Rise of Global Agribusiness and GMOs A. Agrichemical Farming and IP Protection for GE Food Crops and PGR B. Industrialization and Concentration of Farming and Food Transport, Processing, and Sales III. Economic Globalization and Labor Migration in North America A. Globalization of Finance and Trade: Effects on Mexico's... 2012
Kenneth L. Karst Paths to Belonging: the Constitution and Cultural Identity 64 North Carolina Law Review 303 (January, 1986) American history is the history of many peoples. In our multicultural society immigrants have followed two paths to satisfy their need to belong: they have turned inward to group solidarity and outward toward assimilation. Professor Karst explores these two paths to belonging and illustrates how our Constitution can aid outsiders in their search... 1986
Shirin Sinnar Patriotic or Unconstitutional? The Mandatory Detention of Aliens under the Usa Patriot Act 55 Stanford Law Review 1419 (April, 2003) Introduction. 1420 I. Statutory Analysis: The USA Patriot Act Immigration Provisions. 1422 A. Section 412: Mandatory Detention of Certified Aliens. 1424 B. The Effect of Section 412. 1426 II. The Due Process Clause of the Fifth Amendment. 1427 III. Procedural Due Process. 1429 A. Is There a Protected Liberty Interest?. 1429 B. What Process Is... 2003
Jessie K. Walker PAVING A NEW PATHWAY TO PERMANENT RESIDENCY: A CANADIAN-INSPIRED PROPOSAL FOR INTERNATIONAL STUDENTS, UNDOCUMENTED IMMIGRANTS, AND THE UNITED STATES 33 Indiana International & Comparative Law Review 323 (2023) Tim Chan's and Maggie Tong's plans to return to Hong Kong after graduation from their Canadian universities suddenly halted after the drastic changes in Hong Kong governance. Germainne Hein, an international student living with her husband in Arkansas, was denied the ability to receive in-state tuition despite her husband's permanent residency and... 2023
Lindsay N. Wise People Not Equal: a Glimpse into the Use of Profiling and the Effect a Pending U.n. Human Rights Committee Case May Have on United States' Policy 14 Washington and Lee Journal of Civil Rights and Social Justice 303 (Spring, 2008) C1-3Table of Contents I. Introduction. 303 II. Incidents of Unequal Treatment and Profiling of Aliens in the United States. 305 III. Why Profiling is Permitted When Applied to Aliens: An Overview of Immigration Law in the United States. 311 IV. Why the Plenary Power Doctrine Should be Modified to Prevent Discriminatory Profiling of Aliens. 314 V.... 2008
D. Anthony PERILS OF THE REVERSE SILVER PLATTER UNDER U.S. BORDER PATROL OPERATIONS 16 University of Massachusetts Law Review 232 (Spring, 2021) In the face of expanding U.S. Border Patrol operations across the country, that agency often acquires evidence during its searches that is unrelated to immigration or other federal crimes but may involve state crimes. States are then faced with the question of whether to accept such evidence for state prosecutions when it was lawfully obtained by... 2021
Doris Marie Provine , Martha Luz Rojas-Wiesner , Germán Martínez Velasco Peripheral Matters: the Emergence of Legalized Politics in Local Struggles over Unauthorized Immigration 39 Law and Social Inquiry 601 (Summer, 2014) National immigration policy meets the realities of unauthorized immigration at the local level, often in ways undesired by residents, as exemplified by the dramatic rise of local anti-immigrant legislation in US states and municipalities. Scholars have studied why some states and municipalities, but not others, engage in immigration policy making.... 2014
Yolanda Vázquez Perpetuating the Marginalization of Latinos: a Collateral Consequence of the Incorporation of Immigration Law into the Criminal Justice System 54 Howard Law Journal 639 (Spring 2011) ABSTRACT. 640 INTRODUCTION. 641 I. HISTORY OF THE EXCLUSION OF LATINOS IN THE UNITED STATES. 645 A. Denial of the Full Benefits of Citizenship. 646 B. Denial of Entry into the United States as a Legal Immigrant. 648 C. Lynching. 649 D. The Bisbee Deportation of 1917. 650 E. Mexican Repatriation. 651 F. Operation Wetback. 652 G. Chandler Roundup.... 2011
Lisa Sun-Hee Park Perpetuation of Poverty Through "Public Charge" 78 Denver University Law Review 1161 (2001) A number of federal and state policies have had significant impacts on low-income, pregnant immigrant women living in California. This paper focuses on the issue of Public Charge, in conjunction with the 1996 Welfare Reform and the 1996 Immigration Act. I argue that the social contexts that helped garner support for such anti-immigrant... 2001
Rachel F. Moran PERSISTENT INEQUALITIES, THE PANDEMIC, AND THE OPPORTUNITY TO COMPETE 27 Washington and Lee Journal of Civil Rights and Social Justice 589 (Spring, 2021) C1-2Table of Contents I. Introduction. 590 II. Persistent Inequalities: Race, Ethnicity, Class, Language, and Immigration. 592 A. Race, Ethnicity, and the Intransigence of Segregation in the Schools. 593 B. The Intersection of Race, Ethnicity, and Poverty. 596 C. Additional Dimensions of Difference: Language and Immigration Status. 599 D. Greater... 2021
Alan K. Simpson Perspectives on Immigration and the Law 21 Suffolk Transnational Law Review 251 (Summer, 1998) I visited with some of the Suffolk University Law School folks last year, a delightful group. I'm very proud to be back here. I like to share my experiences with people in law school because I hope you'll think about public life. When I got out of law school, I went into the Assistant Attorney General's office for about three months. I had no idea... 1998
Leslie Castro, Chris Nugent, Andrew Painter, Andrew Morton, Christina DeConcini, Kareem Shora, Carol Wolchok, Steven Lang Perversities and Prospects: Whither Immigration Enforcement and Detention in the Anti-terrorism Aftermath? 9 Georgetown Journal on Poverty Law and Policy Pol'y 1 (Winter, 2002) We must not establish by law within our own borders the very tyranny that we are now pledged to destroy. Foreword: Leslie Castro. 1 I. Remarks of Moderator Chris Nugent. 2 II. Remarks of Panelist Andrew Painter. 9 III. Remarks of Panelist Andrew Morton. 13 IV. Remarks of Panelist Christina DeConcini. 17 V. Remarks of Panelist Kareem Shora. 22 VI.... 2002
Emily C. Callan, JohnPaul Callan Peter Approved My Visa, but Paul Denied It: an Analysis of How the Recent Visa Bulletin Crisis Illustrates the Madness That Is U.s. Immigration Procedure 9 DePaul Journal for Social Justice Just. 1 (Summer, 2016) Mr. Sourav Hazra, a national and citizen of India, presently lives with his wife in California where he works as a Senior Manager with an international software company. Mr. Hazra's company began his green card application on May 9, 2011. Although the first and second steps of his immigration process were completed more than four years ago, Mr.... 2016
Harvey Gee Placing Limitations on the Government's Indefinite Detention of Immigration Detainees after Rodriguez 17 Gonzaga Journal of International Law L. 1 (April 14, 2014) I. Introduction II. Rodriguez v. Robbins III. Post-Removal Cases A. Jurisdiction B. Removal Period C. Due Process, Removal within Six Months, and Good Faith IV. Race, Gender, And Prison Conditions V. Conclusion 2014
David A. Selden , Julie A. Pace , Heidi Nunn-Gilman Placing S.b. 1070 and Racial Profiling into Context, and What S.b. 1070 Reveals about the Legislative Process in Arizona 43 Arizona State Law Journal 523 (Summer 2011) S.B. 1070 is fascinating on many levels for many reasons. It has focused a national and international spotlight on Arizona. It has broadened and intensified the national debate regarding immigration policies and enforcement. It has tested the constitutionality of state and local enforcement of immigration laws. It has permeated and looms large over... 2011
David B. Oppenheimer, Swati Prakash, Rachel Burns Playing the Trump Card: the Enduring Legacy of Racism in Immigration Law 26 Berkeley La Raza Law Journal L.J. 1 (2016) Introduction. 1 I. European Immigration and American Immigration Policy. 6 A. Early American Demographics and Immigration Policy. 6 B. Irish Immigration. 7 C. Eastern European Jewish Immigration. 11 D. Italian Immigration. 14 E. Early Twentieth-Century Changes to Immigration Policy. 17 II. Chinese and Japanese Immigration and American Immigration... 2016
Tania N. Valdez PLEADING THE FIFTH IN IMMIGRATION COURT: A REGULATORY PROPOSAL 98 Washington University Law Review 1343 (2021) Protections of noncitizens' rights in immigration removal proceedings have remained minimal even as immigration enforcement has exponentially increased. An overlooked, but commonplace, problem in immigration court is the treatment of the constitutional right against self-incrimination. Two routine scenarios occur where noncitizens are asked to... 2021
Shalini Bhargava Ray Plenary Power and Animus in Immigration Law 80 Ohio State Law Journal 13 (2019) After a campaign denigrating Muslims as sick people, blaming the children of Muslim Americans for terrorism, and promising to shut down Muslim immigration, and mere days after his inauguration, President Donald J. Trump banned the nationals of seven majority-Muslim countries from entry into the United States. In the litigation that followed,... 2019
Michael A. Olivas , Kristi L. Bowman Plyler's Legacy: Immigration and Higher Education in the 21st Century 2011 Michigan State Law Review 261 (2011) In the Spring of 2008, U.S. voters watched with fascination as the Republican candidates for their party's Presidential nomination argued over immigration policy, focusing especially on a topic that few had been involved in for many yearswhether or not the undocumented should be allowed to attend college and receive resident tuition. Of course,... 2011
Rick Su Police Discretion and Local Immigration Policymaking 79 UMKC Law Review 901 (Summer, 2011) Imagine a local police department confronted with the issue of immigration. With a growing immigrant population in the community and increasing federal emphasis on local involvement in immigration enforcement, the police chief realizes that it is no longer possible to ignore the immigration consequences of even the most ordinary of police activity.... 2011
Aya Gruber POLICING AND "BLUELINING" 58 Houston Law Review 867 (Symposium, 2021) In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, Don't get it twisted--the criminal justice system ain't broke. It's working just the way it's supposed... 2021
Adam B. Cox , Thomas J. Miles Policing Immigration 80 University of Chicago Law Review 87 (Winter, 2013) Today, local police are being integrated into federal immigration enforcement on a scale never seen before in American history. This transformation of immigration law is not the result of the high-profile efforts by Arizona and a few other states to regulate migrants. Instead, it is the product of a largely overlooked federal program known as... 2013
Jennifer M. Chacón Policing Immigration after Arizona 3 Wake Forest Journal of Law and Policy 231 (June, 2013) The Supreme Court's June 25, 2012, decision in the case of Arizona v. United States has already generated a wave of scholarly commentary. The emerging consensus is that the ruling was a significant victory for proponents of federal primacy in immigration law. The Court rejected the voguish notion that states have inherent authority to enforce... 2013
Rachel E. Rosenbloom Policing Sex, Policing Immigrants: What Crimmigration's past Can Tell Us about its Present and its Future 104 California Law Review 149 (February, 2016) The flow of information from local police to federal immigration officials forms a central element of the contemporary phenomenon known as crimmigration--the convergence of immigration enforcement and criminal law enforcement. This Essay provides the first historical account of the early roots of this information flow and a new perspective on its... 2016
Eda Katharine Tinto Policing the Immigrant Identity 68 Florida Law Review 819 (May, 2016) Information concerning an immigrant's identity is critical evidence used by the government in a deportation proceeding. Today, the government collects immigrant identity evidence in a variety of ways: a local police officer conducts a traffic stop and obtains a driver's name and date of birth, fingerprints taken at booking link to previously... 2016
Jason A. Cade Policing the Immigration Police: Ice Prosecutorial Discretion and the Fourth Amendment 113 Columbia Law Review Sidebar 180 (November 10, 2013) A persistent puzzle in immigration law is how the removal adjudication system should respond to the increasing prevalence of violations of noncitizens' constitutional rights by arresting officers. Scholarship in this area has focused on judicial suppression of unconstitutionally obtained evidence, typically by arguing that the Supreme Court should... 2013
Vaishalee Yeldandi Policing the Police: the Status of Immigration Checks in the Context of Rodriguez V. United States 2016 University of Chicago Legal Forum 907 (2016) A recent Supreme Court decision has the potential to change how local and state law enforcement entities enforce immigration laws. In Rodriguez v. United States, the Court examined whether police could prolong an otherwise-completed traffic stop to conduct a dog sniff absent reasonable suspicion. The Court held that a police stop exceeding the... 2016
Eisha Jain POLICING THE POLITY 131 Yale Law Journal 1794 (April, 2022) The era of Chinese Exclusion left a legacy of race-based deportation. Yet it also had an impact that reached well beyond removal. In a seminal decision, the U.S. Supreme Court upheld a law that required people of Chinese descent living in the United States to display a certificate of residence on demand or risk arrest, detention, and possible... 2022
Izabela Kraśnicka , Charles Szymanski POLISH RESPONSE TO THE WAR IN UKRAINE: THE PROTECTION OF REFUGEES 73 Syracuse Law Review 503 (2023) The authors dedicate this article to all the Ukrainian refugees who have crossed the Polish border, fleeing the Russian invasion and seeking a safer place to live, and to all the individual Poles who have gladly made sacrifices to help them achieve this goal. C1-2Table of Contents Introduction. 504 I. Response of Civil Society. 505 II. Response of... 2023
Matthew L.M. Fletcher Politics, Indian Law, and the Constitution 108 California Law Review 495 (April, 2020) The question of whether Congress may create legal classifications based on Indian status under the Fifth Amendment's Due Process Clause is reaching a critical point. Critics claim the Constitution allows no room to create race-or ancestry-based legal classifications. The critics are wrong. When it comes to Indian affairs, the Constitution is not... 2020
Kerry Abrams Polygamy, Prostitution, and the Federalization of Immigration Law 105 Columbia Law Review 641 (April, 2005) When Congress banned the immigration of Chinese prostitutes with the Page Law of 1875, it was the first restrictive federal immigration statute. Yet most scholarship treats the passage of the Page Law as a relatively unimportant event, viewing the later Chinese Exclusion Act as the crucial landmark in the federalization of immigration law. This... 2005
Greggary E. Lines Polymmigration: Immigration Implications and Possibilities Post Brown V. Buhman 58 Arizona Law Review 477 (2016) In recent years polygamy has taken center stage on prime-time television and in the nation's courts. After the Supreme Court's reexamination of marriage in Obergefell v. Hodges, polygamy was thought to be the next major issue the Court hears regarding the structure and purpose of marriage and family. The Sister Wives case, Brown v. Buhman, may have... 2016
Richard Sybert Population, Immigration and Growth in California 31 San Diego Law Review 945 (Fall 1994) Immigration has become a highly controversial and publicized topic, and will continue to be so in the coming years. It is clear that immigration, both legal and illegal, has had a central role in California's startling demographic changes and fiscal stress during the last decade. Unabated, it promises similar changes in the future. The debate to... 1994
L. Ali Khan Populist and Islamist Challenges for International Law, Written by Amos Guiora & Paul Cliteur 89-JAN Journal of the Kansas Bar Association 47 (January, 2020) 410 pages ABA Book Publishing September 3, 2019 ISBN-10: 9781641054911 Populist and Islamist Challenges for International Law is less a book and more an assemblage of stand-alone ideas on a complex and controversial topic, recognize Amos Guiora and Paul Cliteur, the lead authors. One of us lives in the Netherlands (Cliteur); one of us splits his... 2020
Stephen H. Legomsky Portraits of the Undocumented Immigrant: a Dialogue 44 Georgia Law Review 65 (Fall, 2009) It has been fifty-six years since Henry Hart's classic article, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, introduced dialectic into the world of legal scholarship. His imaginary exchange between two legal scholars rooted out the arguments for and against a congressional power to insulate... 2009
Augustina Reyes Post Katrina Children: the Education of Immigrant Children in New Orleans 11 Loyola Journal of Public Interest Law 249 (Spring 2010) The first thing we want to do after a disaster is to get that yellow school bus running in the community picking up kids for school. Schools may not be ready to start serious instruction but the yellow school bus is a symbol that following a disaster, life is returning to normalcy. Schools are an American institution that profoundly touch the lives... 2010
Samanda Rodriguez POST-CONVICTION RELIEF AND EXPUNGEMENT PETITIONS--DOES EITHER OPTION PROVIDE RELIEF FOR UNDOCUMENTED PEOPLE FROM BEING DEPORTED? 22 Appalachian Journal of Law 1 (2023) Keywords: Post-Conviction, Immigration, ICE Approximately 70 million people in the United States have a criminal record. In the United States, the total foreign-born population (documented and undocumented) hit 47 million in April of 2022. In the Fiscal Year of 2020, Enforcement and Removal Operations (ERO) of the U.S. Immigration and Customs... 2023
Dan Talmadge Precluding the Use of Immigration Status in Civil Cases 33 Alabama Association for Justice Journal 70 (Fall, 2013) On June 19, 2011, Governor Bentley signed the Beason-Hammon Alabama Taxpayer and Citizen Protection Act (the Act) into law. The Act was calculated to make the lives of illegal immigrants so difficult as to force them to retreat from the State of Alabama. Among other things, the Act: (1) criminalized the willful failure to complete or carry an... 2013
Emily Ryo Predicting Danger in Immigration Courts 44 Law and Social Inquiry 227 (February, 2019) Every year, the US government detains thousands of noncitizens in removal proceedings on the basis that they might pose a threat to public safety if released during the pendency of their removal proceedings. Using original audio recording data on immigration bond hearings, this study examines immigration judges' determinations regarding which... 2019
Christopher N. Lasch Preempting Immigration Detainer Enforcement under Arizona V. United States 3 Wake Forest Journal of Law and Policy 281 (June, 2013) The power of the states to participate in immigration enforcement has been debated for over a decade. With its June 25, 2012, decision in Arizona v. United States, the Supreme Court weighed in heavily on the side of those who argue states lack immigration enforcement authority, or at least on the side of those who argue the states are preempted... 2013
Michael A. Olivas Preempting Preemption: Foreign Affairs, State Rights, and Alienage Classifications 35 Virginia Journal of International Law 217 (Fall, 1994) Peter Spiro's thoughtful Article offers the tempting thesis: what if immigration policy were regulated by the individual states rather than being preempted by federal powers? What would U.S. immigration policies be if they could be determined at the state level, in 50 laboratories, instead of the stale, preclusionary logic mindlessly applied to... 1994
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