Rachel Feller Preempting State E-verify Regulations: a Case Study of Arizona's Improper Legislation in the Field of "Immigration-related Employment Practices" 84 Washington Law Review 289 (May, 2009) Abstract: In 1996, Congress established E-Verify, a program that allows employers to confirm the employment eligibility of new hires by using a federal electronic database. Although the federal government makes the program voluntary for employers, some states and municipalities have enacted legislation requiring the program's use to prevent the... 2009
Mark S. Grube Preemption of Local Regulations Beyond Lozano V. City of Hazleton: Reconciling Local Enforcement with Federal Immigration Policy 95 Cornell Law Review 391 (January, 2010) Introduction. 392 I. Immigration Regulation at the Federal and Local Levels. 396 A. The Nineteenth Century. 396 B. Modern Immigration Legislation. 397 C. Recent Municipal Ordinances. 398 II. Challenges to Local Employer-Sanctions Laws. 400 A. De Canas and Categories of Preemption. 400 B. Express Preemption. 402 C. Field Preemption. 405 D. Conflict... 2010
Maria Marulanda Preemption, Patchwork Immigration Laws, and the Potential for Brown Sundown Towns 79 Fordham Law Review 321 (October, 2010) The raging debate about comprehensive immigration reform is ripe ground to overhaul federal exclusivity in the immigration context and move toward a cooperative federal and state-local model. The proliferation of immigration-related ordinances at the state and local level reflects lawful attempts to enforce immigration law to conserve limited... 2010
Jordan Jodré Preemptive Strike: the Battle for Control over Immigration Policy 25 Georgetown Immigration Law Journal 551 (Spring, 2011) From its inception, the United States has had a difficult and dichotomous relationship with immigration. Today, parties on all sides of the immigration debate battle one another to a stalemate during every election cycle. The resulting perpetual inaction of the federal government has led numerous state governments to enact legislation intended to... 2011
Matthew J. Lindsay Preserving the Exceptional Republic: Political Economy, Race, and the Federalization of American Immigration Law 17 Yale Journal of Law & the Humanities 181 (Summer 2005) In February 1885, United States Senator John Ingalls urged his colleagues during floor debate to consider whether it may not be patriotic and prudent . . . to modify existing views as to the Declaration of Independence and the universal rights of man. [U]nless measures are taken to protect the American people, to protect this great... 2005
Catherine Y. Kim Presidential Legitimacy Through the Anti-discrimination Lens 91 Chicago-Kent Law Review 207 (2016) The Obama administration's deferred action programs granting temporary relief from deportation to undocumented immigrants have focused attention to questions regarding the legitimacy of presidential lawmaking. Days after the administration first announced it would grant work authorization and renewable two-year reprieves from removal to noncitizens... 2016
Dan Ordorica Presidential Power and American Fear: a History of Ina § 212(f) 99 Boston University Law Review 1839 (September, 2019) This Note details the legislative history of § 212(f) of the Immigration and Nationality Act of 1952, which empowers the President to unilaterally restrict entry to the United States by any noncitizen. In 2016, President Trump fully embraced this power in implementing a broad travel ban against citizens of eight nations. In order to better... 2019
Evangeline G. Abriel Presumed Ineligible: the Effect of Criminal Convictions on Applications for Asylum and Withholding of Deportation under Section 515 of the Immigration Act of 1990 6 Georgetown Immigration Law Journal 27 (March, 1992) C1-3CONTENTS I. INTRODUCTION. 28 II. THE FRAMEWORK OF UNITED STATES REFUGEE LAW. 29 III. THE EFFECT OF CRIMINAL CONVICTIONS ON THE STATUS OF REFUGEES. 34 A. Criminal Bases for Denial of Refugee Status and for Expulsion of Refugees under the United Nations Convention Pertaining to the Status of Refugees. 36 B. Criminal Bars to Asylum and Withholding... 1992
Rebecca L. Feldmann PREVENTING TRAFFICKING BY PROTECTING REFUGEES 2023 Utah Law Review 659 (2023) C1-2Table of Contents Introduction. 660 I. The Duty to Prevent Human Trafficking. 666 A. Defining Human Trafficking: The Palermo Protocol and the TVPA. 666 B. The Challenge of Identifying Victims. 668 C. The 4P Paradigm and the Inherent Tension Underlying the Duty to Prevent Human Trafficking. 670 D. The Intersecting Roles of Racial and Gender... 2023
Frederick G. Whelan Principles of U.s. Immigration Policy 44 University of Pittsburgh Law Review 447 (Winter, 1983) Immigration policy presents us with issues on which moral and political philosophy comes face to face with the practical exigencies of legislation. Laws respecting the admission of immigrants and refugees reflect the exercise of powers that are central to the prevailing conception of the sovereign state; their operation either satisfies or denies... 1983
Kevin Gardner Prisoners in the Face of Gladiators: Providing a Sword and Shield to Aliens in Removal Proceedings Through Court-appointed Counsel 52 Akron Law Review 1189 (2018) I. Introduction. 1189 II. History of Immigration in the United States. 1192 III. Problems Arising from Lack of Access to Counsel. 1201 IV. Recommendations. 1205 A. Proposal I: Expand on Programs that Have Already Succeeded. 1208 1. New York Immigrant Family Unity Project (NYIFUP), Funded by the Vera Institute of Justice. 1208 2. Incorporating... 2018
Alvaro M. Bedoya Privacy as Civil Right 50 New Mexico Law Review 301 (Summer, 2020) As the first U.S.-born Hispanic senator, Senator Dennis Chávez of New Mexico left a rich legacy of advocacy for civil rights and civil liberties. In this lecture, the fourth U.S. Senator Dennis Chávez Endowed Lecture on Law and Civil Rights, I explore an idea at the intersection of those two bodies of law: the right to privacy. In 2020, the... 2020
Jose Felipe Anderson Privacy, Technology and the Fourth Amendment: the Future and the Shock 29 Widener Commonwealth Law Review 43 (2020) Five decades ago, Alvin Toffler, editor of Fortune magazine, produced his master work entitled Future Shock. The nearly five-hundred page book focused on technology and how it will affect the future of our society in the information age. The book was an international bestseller. In it, Toffler dealt with the change that was coming to many aspects... 2020
Bryan Boyle Private Damages for Immigration Violations: a Reality for the U.s.; a Possibility for the E.u. 7 Washington University Global Studies Law Review 569 (2008) Host countries have attempted to develop creative ways to address immigration issues in an effort to reach fair and sustainable solutions to the problems posed by large waves of immigration. A variety of party interests affect host countries' decisions in this arena. On one hand, these countries consider the rights of immigrants, even those of... 2008
Stephen Lee Private Immigration Screening in the Workplace 61 Stanford Law Review 1103 (March, 2009) For over twenty years, our immigration laws have required employers to screen their workforces for unauthorized immigrants. But rather than punish employers for failing to carry out these duties, the Department of Homeland Security (DHS) has worked with employers to identify unauthorized workers for removal--even where it is abundantly clear that... 2009
Jeffrey Manns Private Monitoring of Gatekeepers: the Case of Immigration Enforcement 2006 University of Illinois Law Review 887 (2006) This article addresses the monitoring paradox that public enforcers may face in attempting to oversee private gatekeepers. Governments frequently enlist private parties to serve as gatekeepers because they possess special skills or advantages that allow them to detect and prevent wrongdoing by their clients or suppliers in a cost-effective way.... 2006
Jennifer M. Chacón Privatized Immigration Enforcement 52 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (Winter, 2017) C1-2Table of Contents Introduction. 2 I. Mapping the Practical and Theoretical Terrain of Privatized Immigration Enforcement. 3 A. Voluntary Private Actors. 4 B. Private Delegation Through Regulation. 8 C. Private Entities Funded to Fulfill Public Law Functions. 11 1. Monitoring Cross-border Movement. 12 2. Monitoring Immigration Status in the... 2017
Christopher Levesque , Kimberly Horner , Linus Chan PROCESS AS SUFFERING: HOW U.S. IMMIGRATION COURT PROCESS AND CULTURE PREVENT SUBSTANTIVE JUSTICE 86 Albany Law Review 471 (2022-2023) In this article, we argue that there is a form of double punishment unique to the immigration court system that attorneys and their noncitizen clients must navigate throughout changing political contexts. The first form of punishment is the court process during removal proceedings, and the second form of punishment is removal from the United... 2023
Jennifer M. Chacón Producing Liminal Legality 92 Denver University Law Review 709 (2015) Inside and outside of the sphere of immigration law, liminal legal statuses are proliferating. These legal categories function simultaneously as a means to effectuate administrative resource conservation through community-oriented risk management strategies and as a form of preservation through transformation that enable governmental actors to... 2015
Shreya Subramani Productive Separations: Emergent Governance of Reentry Labor 47 Fordham Urban Law Journal 941 (June, 2020) This ethnographic Essay critiques progressive criminal justice reforms as neoliberal technologies that devalue racialized labor within the city of New Orleans, Louisiana. It begins by describing the emergent reentry space, a proliferating network of policy and programming emerging to manage and provide services for formerly incarcerated people... 2020
Kevin R. Johnson PROFESSOR RACHEL MORAN: A FOUNDATIONAL LATINA/O CIVIL RIGHTS SCHOLAR 10 Texas A&M Law Review 749 (Summer, 2023) With an illustrious scholarly career, Professor Rachel Moran is a most-deserving Texas A&M University Hagler Fellow. Previously a chaired professor of law and dean of UCLA School of Law, and a chaired professor at the University of California, Berkeley School of Law, she currently is a Distinguished and Chancellor's Professor of Law at the... 2023
Aaron Haas Profiling and Immigration 18 Washington and Lee Journal of Civil Rights and Social Justice Just. 3 (Fall, 2011) C1-3Table of Contents R1-2Introduction . R33. I. Criminalization of Immigration Enforcement. 5 II. Localization of Immigration Enforcement. 9 III. Virginia and Immigration Enforcement. 12 IV. Proposals. 19 2011
Angela C. Carmella Progressive Religion and Free Exercise Exemptions 68 University of Kansas Law Review 535 (March, 2020) Progressive religious causes have grown increasingly visible during the Trump presidency. Dr. Scott Warren, volunteering with a Unitarian ministry, is arrested for giving food and water to border crossers in Arizona and charged with felony harboring. Catholic nuns in Pennsylvania try to stop the installation of a natural gas pipeline across their... 2020
Michael J. Wishnie Prohibiting the Employment of Unauthorized Immigrants: the Experiment Fails 2007 University of Chicago Legal Forum 193 (2007) For a century before 1986, federal law permitted employers to hire undocumented immigrants. The Immigration Reform and Control Act of 1986 (IRCA) marked a sea change in immigration law by extending federal immigration regulation into the private workplace through the prohibition of employment of unauthorized immigrants. In the two decades since... 2007
Carlos Scott López Prolonged Administrative Detention of Illegal Arrivals in Australia: the Untenable Hiv/aids Justification 4 Washington University Global Studies Law Review 263 (2005) I. Introduction and Recent Events. 264 II. Mandatory Immigration Detention & the Indefiniteness Problem. 269 A. Law & Current Policy. 269 B. The Problem . 273 III. Implicit Time Limits to Mandatory Immigration Detention. 274 A. Contextual Statutory & Common Law Arguments. 274 B. Consequentialist Arguments: Two Lines of Analysis. 280 1. Lim--Based... 2005
Olga Byrne Promoting a Child Rights-based Approach to Immigration in the United States 32 Georgetown Immigration Law Journal 59 (Fall, 2017) C1-3Table of Contents L1-2Introduction . L360 I. Immigrant Children in the United States: A Deficit of Rights. 64 A. Who are Immigrant Child in the United States: Terminology and Identity. 64 B. What Rights do Children Impacted by Immigration Have in the United States?. 67 II. The Human Rights Based Approach: A Conceptual Framework. 72 III. U.S.... 2017
William Baude , Samuel L. Bray PROPER PARTIES, PROPER RELIEF 137 Harvard Law Review 153 (November, 2023) In the last Term at the United States Supreme Court, standing was the critical question in several major cases: the two challenges to the Biden Administration's first student loan forgiveness plan, Biden v. Nebraska and Department of Education v. Brown, as well as the challenge to the Administration's immigration priorities in United States v.... 2023
Michael J. Wishnie Proportionality: the Struggle for Balance in U.s. Immigration Policy 72 University of Pittsburgh Law Review 431 (Spring, 2011) In September 1957, Governor Orval Faubus dispatched Arkansas National Guard troops to prevent black students from entering Central High School in Little Rock, Arkansas. The Eisenhower Administration responded by sending Justice Department lawyers to enter school desegregation litigation brought by the NAACP that was already pending before the U.S.... 2011
David Fischer Proposed Changes Require Canadian Immigrants to Be Proficient in English or French 12 Georgetown Immigration Law Journal 737 (Summer, 1998) The Legislative Advisory Group, an independent advisory committee to Canadian Citizenship and Immigration Minister Lucienne Robillard, recently issued More than Numbers, a report proposing 172 changes to Canada's immigration and refugee laws. The most controversial recommendation was requiring basic language skills in English or French, to be... 1998
Kevin R. Johnson Proposition 187 and its Political Aftermath: Lessons for U.s. Immigration Politics after Trump 53 U.C. Davis Law Review 1859 (April, 2020) C1-3Table of Contents L1-2Introduction . L31861 I. Proposition 187 in Brief. 1866 A. The Proposition 187 Campaign: Racism and Nativism at Work. 1868 1. You are the Posse and SOS is the Rope.. 1870 2. The Take Over of California with Crime and Third World Cultures. 1870 3. California's Possible Annexation by Mexico. 1871 4. Those Little F... 2020
Huyen Pham Proposition 187 and the Legacy of its Law Enforcement Provisions 53 U.C. Davis Law Review 1957 (April, 2020) Passed by a wide margin of California voters in 1994, Prop. 187 is primarily remembered as a law that tried to deny state-funded health care and education to unauthorized immigrants. Far less attention has been paid to Section Four in Prop. 187 that required all law enforcement agencies (LEAs) in California to fully cooperate with federal... 2020
Minty Siu Chung Proposition 187: a Beginner's Tour Through a Recurring Nightmare 1 U.C. Davis Journal of International Law and Policy 267 (Spring 1995) INTRODUCTION: WHAT IS PROPOSITION 187?. 268 I. A SHORT DETOUR THROUGH NINETEENTH CENTURY CALIFORNIA. 269 II. PROPOSITION 187: A BRIEF SUMMARY AND ANALYSIS. 275 A. Threshold Issues. 276 1. Immigration Status Definitions. 276 2. Perpetuation of False Stereotypes. 279 3. Documentation Requirements. 280 4. Accessibility of Government Services. 281 B.... 1995
Amy S. Zabetakis Proposition 227: Death for Bilingual Education? 13 Georgetown Immigration Law Journal 105 (Fall, 1998) Before the end of the century, the white population in the state of California will lose its status as the majority. For the most part, this loss in status is because of the rising immigrant population. In response, a number of anti-immigrant initiatives have found their way onto California ballots. The most famousor infamousof these was... 1998
  PROSECUTORIAL DISCRETION 50 Georgetown Law Journal Annual Review of Criminal Procedure 269 (2021) The government has broad discretion to initiate and conduct criminal prosecutions because of the separation of powers doctrine and because prosecutorial decisions are particularly ill-suited to judicial review. As long as there is probable cause to believe that the accused has committed an offense, the decision to prosecute is within the... 2021
  Prosecutorial Discretion 49 Georgetown Law Journal Annual Review of Criminal Procedure 273 (2020) The government has broad discretion to initiate and conduct criminal prosecutions because of the separation of powers doctrine and because prosecutorial decisions are particularly ill-suited to judicial review. As long as there is probable cause to believe that the accused has committed an offense, the decision to prosecute is within the... 2020
Marissa Jackson Sow PROTECT AND SERVE 110 California Law Review 743 (June, 2022) There exists a substantial body of literature on racism and brutality in policing, police reform and abolition, the militarization of the police, and the relationship of the police to the State and its citizenry. Many theories abound with respect to the relationship between the police and Black people in the United States, and most of these... 2022
Ingrid V. Eagly, School of Law, University of California, Los Angeles Protect, Serve, and Deport: the Rise of Policing as Immigration Enforcement. By Amada Armenta. Oakland: University of California Press, 2017 52 Law and Society Review 1100 (December, 2018) Amada Armenta's new book, Protect, Serve, and Deport: The Rise of Policing as Immigration Enforcement, highlights the role of local law enforcement agencies in channeling Latino immigrants into the deportation regime. Armenta's beautifully chronicled text documents the implementation of an immigration enforcement program known as 287(g) in... 2018
Daniel J. Moore Protecting Alien-informants: the State-created Danger Theory, Plenary Power Doctrine, and International Drug Cartels 80 Temple Law Review 295 (Spring 2007) How can this be in modern day America? Mr. Enwonwu is an immigrant alien. . . . Congress does not much care about immigrant aliens, even those who, after endangering themselves assisting our law enforcement efforts to stem the international drug trade, are deported into the hands of the very drug traders upon whom they have informed. Does this... 2007
Brenda Pfahnl PROTECTING AMERICAN BLOOD FROM "ALIEN CONTAMINATION": SHOULD STRICT SCRUTINY APPLY TO THE RACIST ROOTS OF 8 U.S.C. § 1326? UNITED STATES v. CARRILLO-LOPEZ, 555 F. SUPP. 3D 996 (D. NEV. 2021) 49 Mitchell Hamline Law Review 316 (April, 2023) I. Introduction. 318 II. Legislative History and the Influence of Eugenics in Immigration Law. 319 A. The Chinese Exclusion Act of 1882. 320 B. The Immigration Act of 1917. 321 C. The Immigration Act of 1924--The National Origins Act. 322 D. Act of 1929--The Undesirable Aliens Act. 323 E. Mexican Farm Labor Program (1942) (The Bracero Program).... 2023
Kevin R. Johnson Protecting National Security Through More Liberal Admission of Immigrants 2007 University of Chicago Legal Forum 157 (2007) Commentators and pundits have repeated the mantra September 11 changed everything so often in the last six years that the phrase has lost nearly any and all meaning. One cannot deny that that fateful day, with the tragic loss of human life, has unquestionably altered U.S. society and the way that Americans look at the world. As a response to the... 2007
Jennifer Bennett Shinall PROTECTING PREGNANCY 106 Cornell Law Review 987 (May, 2021) Laws to assist pregnant women in the workplace are gaining legislative momentum, both at the state and federal levels. Last year alone, four such laws went into effect at the state level, and federal legislation advanced farther than ever before in the House of Representatives. Four types of legislative protections for pregnant workers currently... 2021
Dina Kleyman Protecting the Border, One Passenger Interrogation at a Time 77 Brooklyn Law Review 1557 (Summer, 2012) The terrorist attacks that occurred on September 11, 2001, represented the ultimate intersection between criminal and immigration law. Because many of the terrorists had entered the United States legally with visas issued by the Immigration and Naturalization Service (INS), the tragedy revealed the deficiencies in the administration of laws that... 2012
Daniel Ford, Lori Jordan Isley, Richard W. Kuhling, Joachim Morrison Protecting the Employment Rights and Remedies of Washington's Immigrant Workers 48 Gonzaga Law Review 539 (2012-2013) I. Introduction. 540 II. Promoting Access Through Courthouse Policies. 541 III. Protection From Intimidation: Ethical Constraints on Using or Threatening to Use Immigration Status in Civil Representation. 542 IV. Protection From Harmful Disclosures: Discovery Limitations for Remedies Available to All Workers. 546 A. State Law Remedies for Lost... 2013
Catherine L. Fisk, Diana S. Reddy Protection by Law, Repression by Law: Bringing Labor Back into the Study of Law and Social Movements 70 Emory Law Journal 63 (2020) Within the rich, interdisciplinary literature on law and social movements, scholarly attention has often focused on how the civil rights movement, and other movements that share a resemblance to it, have mobilized law; less attention has been paid to the labor movement's experience of being regulated by law. In this Article, we ask how refocusing... 2020
Andrew T. Hayashi , Richard M. Hynes PROTECTIONIST PROPERTY TAXES 106 Iowa Law Review 1091 (March, 2021) National restrictions on trade and immigration are the most salient illustrations of the current protectionist moment, but cities have played their part too, taxing foreign investors in local real estate and imposing second or vacant home taxes that indirectly burden foreign investment. We call these taxes protectionist property taxes.... 2021
Victor C. Romero Proxies for Loyalty in Constitutional Immigration Law: Citizenship and Race after September 11 52 DePaul Law Review 871 (Spring 2003) I want to share with you some thoughts about using citizenship and race as proxies for loyalty in constitutional immigration discourse within two contexts: one historical and one current. The current context is the profiling of Muslim and Arab immigrants post-September 11, and the historical context is the distinction the Constitution draws between... 2003
Kevin R. Johnson Public Benefits and Immigration: the Intersection of Immigration Status, Ethnicity, Gender, and Class 42 UCLA Law Review 1509 (August 1, 1995) Introduction. 1510 I. Menaces to Society: Public Charges, Welfare Mothers, and Criminal Aliens'. 1519 A. Immigrants and Public Benefits: A History of Fear. 1519 B. The Ineligibility of Undocumented Persons for Most Major Federal Public Assistance Programs. 1528 C. Outlaw Aliens': Benefit Recipients and Criminals. 1531 D. Immigration Benefit... 1995
Meredith Van Natta , Department of Sociology, University of California, Merced, Merced, California, USA PUBLIC CHARGE, LEGAL ESTRANGEMENT, AND RENEGOTIATING SITUATIONAL TRUST IN THE US HEALTHCARE SAFETY NET 57 Law and Society Review 531 (December, 2023) US immigration law increasingly excludes many immigrants materially and symbolically from vital safety-net resources. Existing scholarship has emphasized the public charge rule as a key mechanism for enacting these exclusionary trends, but less is known about how recent public charge uncertainty has shaped how noncitizens and healthcare workers... 2023
Donald T. Hornstein PUBLIC INVESTMENT IN CLIMATE RESILIENCY: LESSONS FROM THE LAW AND ECONOMICS OF NATURAL DISASTERS 49 Ecology Law Quarterly 137 (2022) This Article takes issue with an important claim in the public choice and climate disaster literature: that American political markets will not allow appropriate investments in disaster preparedness and prevention, even when those investments are cost-benefit bargains. The claim is significant because the costs of climate disasters in the... 2022
Sam Kalen PUBLIC LAND MANAGEMENT'S FUTURE PLACE: ENVISIONING A PARADIGM SHIFT 82 Maryland Law Review 240 (2023) The recent sesquicentennial of Yellowstone National Park, the nation's first and prototypical national park, marked an opportune moment for examining the management of the nation's public lands. Public lands are confronting a myriad of challenges, whether from climate change and the efficacy of using the nation's lands for fossil fuel development... 2023
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