AuthorTitleCitationSummaryYear
Kevin Lam Mediating Domestic Violence Disputes in Chinese Immigrant Families in the U.s.: the Case for Court-appointed Mediation Programs 17 Cardozo Journal of Conflict Resolution 989 (Spring 2016) Chinese immigrants, particularly those that lack legal status, have historically mistrusted the U.S. legal system. Not only are they wary of the adversarial nature of court proceedings, but also language and cultural barriers frequently prevent them from gaining meaningful access to relief. As a result, issues that arise from within the Chinese... 2016
Vasanthi Venkatesh Mobilizing under "Illegality": the Arizona Immigrant Rights Movement's Engagement with the Law 19 Harvard Latino Law Review 165 (Spring, 2016) Arizona has been in the news for the past few years not only for its vituperative, anti-immigrant polices, but also for the impressive immigrant rights movement that continues to spawn new coalitions and new activisms. The large numbers of cases that were and continue to be litigated and the innovative use of law to mobilize present a paradox since... 2016
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
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
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
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
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
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
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
Raina Bhatt Pushing an End to Sanctuary Cities: Will it Happen? 22 Michigan Journal of Race and Law 139 (Fall, 2016) Sanctuary jurisdictions refer to city, town, and state governments (collectively, localities or local governments) that have passed provisions to limit their enforcement of federal immigration laws. Such local governments execute limiting provisions in order to bolster community cooperation, prevent racial discrimination, focus on local priorities... 2016
Elvia Rosales Arriola Queer, Undocumented, and Sitting in an Immigration Detention Center: a Post-obergefell Reflection 84 UMKC Law Review 617 (Spring, 2016) I left my country because I am gay and I don't fit into Honduras' society; I also fled for my life because I refused to do work for a drug trafficker and he threatened to kill me. Central American refugee (2014) On the day the Supreme Court decided, in Obergefell v. Hodges, that gay people too enjoy the fundamental right to marry, a moment for... 2016
Barbara E. Armacost Sanctuary Laws: the New Immigration Federalism 2016 Michigan State Law Review 1197 (2016) The policy of immigration federalism has justified granting state and local police officers greatly increased responsibilities for enforcing immigration laws. It is designed to amplify federal enforcement by drawing on the vast number of local police and their knowledge of local conditions. Now, however, over 300 local jurisdictions have adopted... 2016
Huyen Pham , Pham Hoang Van State-created Immigration Climates and Domestic Migration 38 University of Hawaii Law Review 181 (Winter, 2016) With comprehensive immigration reform dead for the foreseeable future, immigration laws enacted at the subfederal level--cities, counties, and states--have become even more important. Arizona has dominated media coverage and become the popular representation of the states' response to immigration by enacting SB 1070 and other notoriously... 2016
Mary Holper The Beast of Burden in Immigration Bond Hearings 67 Case Western Reserve Law Review 75 (Fall, 2016) C1-2Contents Introduction. 75 I. An Unsupported Burden Shift. 81 A. Burdens of Proof for the Presumptively Unbailable Detainees. 83 B. Burdens of Proof for the Non Presumptively Unbailable Detainees. 90 II. Due Process and the Burden of Proof in Civil Detention. 95 A. Supreme Court on Burdens in Civil Detention. 96 B. Is There Something Special... 2016
Virgil Wiebe The Immigration Hotel 68 Rutgers University Law Review 1673 (Summer, 2016) The image of a hotel with each floor representing different immigration statuses provides a way to introduce the confounding immigration system we have in the United States, on both technical and policy levels. The imagery of the hotel helps to explain how one gets into the immigration hotel (the admissions process) and also how one gets kicked out... 2016
Sarah Rogerson The Politics of Fear: Unaccompanied Immigrant Children and the Case of the Southern Border 61 Villanova Law Review 843 (2016) No society, no state can successfully assume the tremendous responsibility of fostering thousands of motherless, embittered, persecuted children of undesirable foreigners and expect to convert these embattled souls into loyal, loving American citizens .. These children are seasoned veterans of a revolution of hate, are fertile fields for anarchy,... 2016
Jesus A. Osete The Praetorians: an Analysis of U.s. Border Patrol Checkpoints Following Martinez-fuerte 93 Washington University Law Review 803 (2016) Suppose José needs a gallon of milk from the grocery store. He puts on his shoes and grabs his car keys and his wallet. The grocery store is located outside of town. José is aware of the inevitable: he'll have to cross an immigration checkpoint located halfway between his house and the grocery store. Upon arriving at the checkpoint, José must... 2016
Jenny-Brooke Condon The Preempting of Equal Protection for Immigrants? 73 Washington and Lee Law Review 77 (Winter 2016) Recent debates about immigration have focused overwhelmingly on unauthorized migration and the respective roles of the federal and state governments in enforcing immigration law. But that emphasis in law and theory has obscured a critical civil rights question of our time: what measure of equality is due to those with the opportunity to abide by... 2016
Antonios Kouroutakis The Prevailing Culture over Immigration: Centralized Immigration and Policies Between Attrition and Accommodation 13 Seton Hall Circuit Review Rev. 5 (Fall, 2016) In 2012, the Supreme Court delivered a decision in Arizona v. United States that attracted the interested of the press because it challenged a controversial immigration law which several states copied. Although faced with an opportunity to speak about immigration policy reform, the Court ruled on preemption issues instead. The case is still... 2016
Denise Gilman To Loose the Bonds: the Deceptive Promise of Freedom from Pretrial Immigration Detention 92 Indiana Law Journal 157 (Winter 2016) Each year, the United States government detains more than 60,000 migrants who are eligible for release during immigration court proceedings that will determine their right to stay in the United States. Detention or release should be adjudicated through a custody determination process focused on the question of whether a migrant poses a flight risk... 2016
Ming H. Chen Trust in Immigration Enforcement: State Noncooperation and Sanctuary Cities after Secure Communities 91 Chicago-Kent Law Review 13 (2016) The conventional wisdom, backed by legitimacy research, is that most people obey most of the laws, most of the time. This turns out to not be the case in a study of state and local involvement with immigration enforcement, especially the federal program in which the federal immigration enforcement agency, U.S. Department of Homeland Security,... 2016
Claire R. Thomas, Ernie Collette Unaccompanied and Excluded from Food Security: a Call for the Inclusion of Immigrant Youth Twenty Years after Welfare Reform 31 Georgetown Immigration Law Journal 53 (Fall, 2016) NOTE: Please refer to the revised article cited 31 Geo. Immigr. L.J. 197. The young public interest attorney and her client, an immigrant teenager, sat side by side in a dimly light conference room in a community-based organization in Harlem. In front of them, on the table, sat a loose-leaf sheet of paper with four columns and a big black line in... 2016
Rachel Gonzalez Settlage Uniquely Unhelpful: the U Visa's Disparate Treatment of Immigrant Victims of Domestic Violence 68 Rutgers University Law Review 1747 (Summer, 2016) C1-2Table of Contents I. Introduction. 1748 II. Immigration Law and the Battered Immigrant. 1753 A. The Unique Vulnerabilities of Battered Immigrants and U.S. Immigration Law's Exacerbation of Abusive Situations. 1756 B. Congressional Efforts to Protect Battered Immigrants. 1759 1. The Battered Spouse Waiver for Conditional Permanent Residents.... 2016
Hana E. Brown , Jennifer A. Jones , Taylor Dow Unity in the Struggle: Immigration and the South's Emerging Civil Rights Consensus 79 Law and Contemporary Problems Probs. 5 (2016) In October of 2015, North Carolina Governor Pat McCrory signed into law a bill that banned counties and cities in the state from declaring themselves sanctuaries for undocumented immigrants. Though they take many forms, self-declared sanctuary cities typically refuse to allocate municipal funds or resources toward immigration enforcement efforts... 2016
Ashley Poonia We Are All Family: Broadening the Family-based Immigration System to Include Extended Family Members 93 University of Detroit Mercy Law Review 159 (Winter 2016) The history of the United States is, in large, the history of immigrants. The three priorities that continue to govern the United States immigration system are skilled workers, family relationships, and refugee status. This Note will focus on the second priority: family relationships. Within the current immigration system, family relationships fall... 2016
Carrie Rosenbaum What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law and Noncitizens 9 DePaul Journal for Social Justice Just. 1 (Summer, 2016) Deportation rates of Latino/a noncitizens are higher than their presence in immigrant communities in the United States. The fact that Latino/a noncitizens experience immigration policing and deportation at higher rates than other noncitizens is due, at least in part, to federal immigration enforcement's use of alleged criminality to identify... 2016
Kit Johnson A Cost-benefit Analysis of the Federal Prosecution of Immigration Crimes 92 Denver University Law Review 863 (2015) Immigration crimes are the most prosecuted federal crimes in America. This Article examines the benefits of the federal prosecution of immigration crimes (training, deterrence, and signaling/expression) and balances those benefits against the costs of such prosecutions (courthouse costs, alternative prosecution, and incarceration). I conclude that... 2015
Kristina M. Campbell A Dry Hate: White Supremacy and Anti-immigrant Rhetoric in the Humanitarian Crisis on the U.s.-mexico Border 117 West Virginia Law Review 1081 (Spring, 2015) I. Introduction. 1082 II. The Growth of Hate and Extremist Groups in the Southwest in the 1990s and Early 2000s. 1083 A. The 1990s: The Burgeoning Nativist Anti-Immigrant Movement in the Southwest. 1086 1. California Proposition 187. 1086 2. The Emergence of Nativist and Extremist Anti-Immigrant Groups. 1088 B. The 2000s: The Southwest Becomes the... 2015
Ingrid V. Eagly , Steven Shafer A National Study of Access to Counsel in Immigration Court 164 University of Pennsylvania Law Review 1 (December, 2015) Although immigrants have a right to be represented by counsel in immigration court, it has long been the case that the government has no obligation to provide an attorney for those who are unable to afford one. Recently, however, a broad coalition of public figures, scholars, advocates, courts, and philanthropic foundations have begun to push for... 2015
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
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
Angélica Cházaro Beyond Respectability: Dismantling the Harms of "Illegality" 52 Harvard Journal on Legislation 355 (Summer 2015) Current pro-immigrant reform efforts focus on legalization. Proposals seek to place as many of the eleven million undocumented people in the United States as possible on a path to earned citizenship. However, these reform efforts suffer from a significant and underappreciated blind spot: the strategies used to advocate legalization harm those to... 2015
Rose Cuison Villazor Chae Chan Ping V. United States: Immigration as Property 68 Oklahoma Law Review 137 (Fall, 2015) There is arguably no other case that is more familiar to immigration legal scholars than Chae Chan Ping v. United States. Chae Chan Ping, a Chinese laborer and long-term non-citizen resident of the United States found himself excluded at the border after a trip to China. Border officers denied him entry under an amendment to the Chinese Exclusion... 2015
  Chapter Three Policing Immigrant Communities 128 Harvard Law Review 1771 (April, 2015) José Antonio Elena Rodriguez was sixteen in October 2012 when a border patrol officer shot him repeatedly in the back and head. The officer--officials did not release his name for more than two years after the killing -- claimed José had thrown rocks at him from the Mexican side of the border. Prosecutors brought no charges. Anastasio Hernandez... 2015
Rose Cuison Villazor Citizenship for the Guest Workers of the Commonwealth of the Northern Mariana Islands 90 Chicago-Kent Law Review 525 (2015) Much of the opposition to the passage of comprehensive immigration reform centers on provisions that would have provided undocumented immigrants with a path to citizenship. Senate Bill 744 (S. 744), the bipartisan bill that passed the U.S. Senate in June 2013, for example, included a provision that would have enabled millions of eligible... 2015
Vienna Flores Competing Paradigms of Immigrant Human Rights in America 21 Law & Business Review of the Americas 459 (Fall 2015) GIVE me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door. These are the words chiseled onto the Statue of Liberty--the expression that has sculpted the free world; the promise carved into every... 2015
Annie Lai Confronting Proxy Criminalization 92 Denver University Law Review 879 (2015) Though state laws that directly criminalize unlawful presence have been struck down in the wake of the Supreme Court's decision in Arizona v. United States, the criminalization of immigrants continues unabated. This Article examines one form of criminalization, criminalization by proxy, by which state and local governments are punishing conduct... 2015
Yolanda Vazquez Constructing Crimmigration: Latino Subordination in a "Post-racial" World 76 Ohio State Law Journal 599 (2015) Over the last forty years, the concern over the relationship between noncitizens and criminality has reached epic proportions. Laws, policies, procedures, and rules have been developed, the immigration and criminal justice system have been employed, and billions of dollars have been spent towards detecting, detaining, prosecuting, and removing... 2015
Elizabeth L. Young Converging Systems: How Changes in Fact and Law Require a Reassessment of Suppression in Immigration Proceedings 17 University of Pennsylvania Journal of Constitutional Law 1395 (May, 2015) Introduction. 1395 I. Lopez-Mendoza - Applying the Janis Test in immigration court. 1400 A. Background on Immigration Proceedings. 1402 B. Application of the Exclusionary Rule in Civil Proceedings: The Janis Test. 1406 II. Reassessing Social Cost and Deterrence Benefits. 1412 A. Nature of Immigration Proceedings. 1412 1. From Exclusion and... 2015
Paul Finkelman Coping with a New "Yellow Peril": Japanese Immigration, the Gentlemen's Agreement, and the Coming of World War Ii 117 West Virginia Law Review 1409 (Spring, 2015) I. Introduction. 1409 II. Early Opposition to Immigration in a Continent of Immigrants. 1412 III. Hostility to Immigration from the Revolution to the Civil War. 1415 IV. Hostility to European Immigrants, 1880-1924. 1420 V. East Asian Immigration. 1421 VI. The New Yellow Peril: Japanese Immigration. 1426 VII. The Rise of Anti-Japanese Sentiment,... 2015
Kevin R. Johnson Crimmigration: Keynote Address Racial Profiling in the War on Drugs Meets the Immigration Removal Process: the Case of Moncrieffe V. Holder 92 Denver University Law Review 701 (2015) Today, I want to discuss the Supreme Court's decision in Moncrieffe v. Holder. In analyzing that case, I will try to show how the criminal justice system of the United States, and its disparate treatment of racial minorities, contributes to the current racially disparate impacts in the immigration removal process. The Supreme Court's decision in... 2015
Juliet P. Stumpf D(e)volving Discretion: Lessons from the Life and Times of Secure Communities 64 American University Law Review 1259 (June, 2015) The devolution of immigration authority to line officers, touted as a strength of the Secure Communities program, planted the seeds of the program's downfall. Rising from the ashes of Secure Communities, the Priority Enforcement Program (PEP) set priorities for removal and also unveiled a potential antidote to the devolution of agency discretion.... 2015
Peter Margulies Deferred Action and the Bounds of Agency Discretion: Reconciling Policy and Legality in Immigration Enforcement 55 Washburn Law Journal 143 (Fall 2015) Although agencies rightly have discretion in interpreting statutes, that discretion does not extend to unraveling carefully crafted legislative compromises. In immigration law, Congress has for fifty years pursued a classic trope in the annals of legislative craft: liberalizing the law in certain respects, while strengthening enforcement in others.... 2015
Bridget Stubblefield Development in the Executive Branch Sanctuary Cities: Balancing Between National Security Directives, Local Law Enforcement Autonomy, and Immigrants' Rights 29 Georgetown Immigration Law Journal 541 (Spring, 2015) On July 1, 2015, Kathryn Steinle was fatally shot while walking on San Francisco's Embarcadero after a gunman opened-fire on Pier 14. Authorities charged Juan Francisco Lopez-Sanchez, a Mexican national who was in the United States illegally, with Steinle's murder. Prior to Steinle's death, Lopez-Sanchez had been convicted of seven felonies and had... 2015
Gabriel J. Chin , Douglas M. Spencer Did Multicultural America Result from a Mistake? The 1965 Immigration Act and Evidence from Roll Call Votes 2015 University of Illinois Law Review 1239 (2015) Between July 1964 and October 1965, Congress enacted the three most important civil rights laws since Reconstruction: The Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Immigration and Nationality Act Amendments of 1965. As we approach the 50th anniversary of these laws, it is clear that all three have fundamentally remade the... 2015
Rosemary A. Laughlin Divided Nation, Split Circuits: Keller V. City of Fremont Divides Circuits Regarding Preemption and Convolutes Immigration Law 48 Creighton Law Review 371 (March, 2015) Immigration regulation is a polarizing topic for lawmakers in the United States. This issue is further exacerbated by the complexity of immigration law. Proponents of state and local immigration regulations cite discontent with the perceived lack of federal enforcement of immigration laws. In response, states and municipalities passed their own... 2015
Bianca Figueroa-Santana Divided We Stand: Constitutionalizing Executive Immigration Reform Through Subfederal Regulation 115 Columbia Law Review 2219 (December, 2015) With Congress divided over comprehensive immigration reform, federal and subfederal actors have stepped into the breach. In 2012 and 2014, in an effort to counter congressional paralysis, President Barack Obama extended deferred action to millions of undocumented noncitizen children and their parents. In doing so, he reignited debates about the... 2015
Jason A. Cade Enforcing Immigration Equity 84 Fordham Law Review 661 (November, 2015) Congressional amendments to the immigration code in the 1990s significantly broadened grounds for removal while nearly eradicating opportunities for discretionary relief. The result has been a radical transformation of immigration law. In particular, the constriction of equitable discretion as an adjudicative tool has vested a new and critical... 2015
Bill Ong Hing Ethics, Morality, and Disruption of U.s. Immigration Laws 63 University of Kansas Law Review 981 (May, 2015) Immigrants and immigrant rights advocates knew we were in trouble when a Ku Klux Klan knight called for shooting unaccompanied children (UACs) arriving at the border and the Obama administration expedited removal proceedings of UACs and children arriving at the border with other family members. Indeed, the Loyal White Knights of the Klan advocate... 2015
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