Author | Title | Citation | Summary | Year |
Dagmar Rita Myslinska |
Contemporary First-generation European Americans: the Unbearable "Whiteness" of Being |
88 Tulane Law Review 559 (February, 2014) |
Contemporary European immigrants face unique sociocultural and legal concerns that go beyond issues of race, class, national-origin, and accent discrimination. These concerns are not adequately addressed by laws protecting groups based on their national origins or ancestries. Scholarship and public discussions are silent on this topic. As a result,... |
2014 |
Christopher N. Lasch |
Crimmigration and the Right to Counsel at the Border Between Civil and Criminal Proceedings |
99 Iowa Law Review 2131 (July, 2014) |
Introduction. 2132 I. Gideon's Operative Proposition and the Court's Decision Rules Implementing It. 2136 A. The Operative Proposition: Does the Right to Counsel Protect More than the Fairness of a Criminal Trial?. 2136 B. Decision Rules Implementing the Right to Counsel in Criminal Cases. 2140 1. Gideon v. Wainwright (1963). 2140 2. Strickland v.... |
2014 |
Maartje A. H. van der Woude , Joanne P. van der Leun , Jo-Anne A. Nijland |
Crimmigration in the Netherlands |
39 Law and Social Inquiry 560 (Summer, 2014) |
For a long time the Netherlands has been internationally known for its tolerant and humane environment for first- and second-generation migrants. However, as in many European countries, over the past few decades the political debate on immigration has gradually grown more negative. Links between crime, security, migration, and integration have... |
2014 |
Anna Williams Shavers |
Crossing the Border Through Immigration, Importation, Illicit and Other Means and the Implications for Human and Civil Rights |
27 Journal of Civil Rights & Economic Development 501 (Winter, 2014) |
It's that fundamental belief--I am my brother's keeper, I am my sisters' keeper--that makes this country work. It's what allows us to pursue our individual dreams, yet still come together as a single American family. E pluribus unum. Out of many, one. America is enriched by diversity. It is preserved by unity. This symposium, Border Patrols: The... |
2014 |
Jayesh M. Rathod |
Distilling Americans: the Legacy of Prohibition on U.s. Immigration Law |
51 Houston Law Review 781 (Winter, 2014) |
Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the... |
2014 |
Ashley Fukutomi |
Drawing the Curtain: Examining the Colorblind Rhetoric of Ruiz V. Robinson and its Implications |
36 University of Hawaii Law Review 529 (Spring, 2014) |
I. Introduction. 529 II. Drawing the Curtain: Contextualizing Citizen-Children-of-Undocumented-Immigrants Within the Greater Social Narrative. 533 A. Enter Stage Left: U.S. Citizen-Children-of-Undocumented-Immigrants in the United States. 534 B. Enter Stage Right: Residency Tuition Policies. 537 III. Setting the Stage: A Legal Analysis of Ruiz v.... |
2014 |
Albertina Antognini |
Family Unity Revisited: Divorce, Separation, and Death in Immigration Law |
66 South Carolina Law Review Rev. 1 (Autumn, 2014) |
I. Introduction: Family Unity in Immigration Law. 2 II. The American Family. 9 A. Divorce. 10 B. Separation. 14 C. Death. 18 III. The Families of Immigration law. 20 A. Divorce. 22 1. No-Fault Divorce. 23 2. Fault-Based Divorce. 28 a. Battered Spouse Waiver. 29 b. Violence Against Women Act. 31 B. Separation. 33 1. No-Fault Separation. 33 2.... |
2014 |
Natashia Tidwell |
Fragmenting the Community: Immigration Enforcement and the Unintended Consequences of Local Police Non-cooperation Policies |
88 Saint John's Law Review 105 (Spring 2014) |
The police seek and preserve public favor, not by catering to public opinion, but by constantly demonstrating absolute impartial service to the law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws. -- Sir Robert Peel, the architect of modern policing Sir Robert Peel's idyllic... |
2014 |
Samira Afzali, Esq. |
How 'Comprehensive' Is the Comprehensive Immigration Reform Bill? S. 744 and its Implications for Muslims, Arabs, South Asians, Somalis and Iranian Immigrants |
35 Hamline Journal of Public Law and Policy 296 (Spring, 2014) |
At first glance, the past couple of years have been an exciting and promising opportunity for real immigration reform. Congress is considering a complete overhaul of our immigration system for the first time since the 1980s, under President Reagan's administration. Today, practitioners and advocates are hopeful and are generally encouraged by... |
2014 |
Ashley Ham Pong |
Humanitarian Protections and the Need for Appointed Counsel for Unaccompanied Immigrant Children Facing Deportation |
21 Washington and Lee Journal of Civil Rights and Social Justice 69 (Fall 2014) |
I. Introduction. 69 II. Overview of the Immigration System for Unaccompanied Immigrant Children. 71 A. Edwin's Story. 71 B. Apprehension and Detention of Children. 72 C. The Need for Appointed Counsel in Immigration Court Proceedings. 75 D. Challenges to the Government's Failure to Provide Appointed Counsel on Federal Grounds. 80 III. Common Forms... |
2014 |
Michelle R. Slack |
Ignoring the Lessons of History: How the "Open Borders" Myth Led to Repeated Patterns in State and Local Immigration Control |
27 Journal of Civil Rights & Economic Development 467 (Winter, 2014) |
No doubt local efforts to control immigration are on the rise. Arizona's Senate Bill 1070 is the most well-known example of this trend, though other examples exist as well. Most existing criticism attacks such efforts as violating the supposed exclusive federal control of the immigration sphere Yet, such arguments, in part, are based upon a myth... |
2014 |
César Cuauhtémoc García Hernández |
Immigration Detention as Punishment |
61 UCLA Law Review 1346 (June, 2014) |
Courts and commentators have long assumed, without significant analysis, that immigration detention is a form of civil confinement merely because the immigration proceedings of which it is part are deemed civil. This Article challenges that deeply held assumption. It harnesses the U.S. Supreme Court's instruction that detention's civil or penal... |
2014 |
Nancy Morawetz , Natasha Fernández-Silber |
Immigration Law and the Myth of Comprehensive Registration |
48 U.C. Davis Law Review 141 (November, 2014) |
This Article identifies an insidious misconception in immigration law and policy: the myth of comprehensive registration. According to this myth -- proponents of which include members of the Supreme Court, federal and state officials, and commentators on both sides of the immigration federalism debate--there exists a comprehensive federal alien... |
2014 |
Cecilia Menjívar |
Immigration Law Beyond Borders: Externalizing and Internalizing Border Controls in an Era of Securitization |
10 Annual Review of Law and Social Science 353 (2014) |
borders, enforcement, immigration This review focuses on the enactment of borders beyond the physical demarcation of the nation, to encompass the entire migratory process, with particular attention to practices in the United States and the European Union. It addresses the twin processes of the externalization (outsourcing) and internalization... |
2014 |
Anil Kalhan |
Immigration Surveillance |
74 Maryland Law Review Rev. 1 (2014) |
In recent years, immigration enforcement levels have soared, yielding a widely noted increase in the number of noncitizens removed from the United States. Less visible, however, has been an attendant sea change in the underlying nature of immigration governance itself, hastened by new surveillance and dataveillance technologies. Like many other... |
2014 |
Kerry Abrams , R. Kent Piacenti |
Immigration's Family Values |
100 Virginia Law Review 629 (June, 2014) |
Introduction. 630 I. Parentage in Family Law. 635 A. Parentage at Common Law. 636 B. Family Law in the Twentieth Century. 639 1. Social and Technological Change. 639 2. The Legal Response. 641 a. The Erosion of Marital Parentage. 641 b. The Rise of Genetic Parentage. 644 c. The Birth of Functional Recognition. 647 d. Nascent Recognition of... |
2014 |
Yxta Maya Murray |
Inflammatory Statehood |
30 Harvard Journal on Racial & Ethnic Justice 227 (Spring 2014) |
Resistance art made in the former Yugoslavia resembles protest art today answering Arizona's anti-immigrant laws. Artists reacting to Yugoslav strongmen who ruled from the 1960s to the 1990s expressed dissent by dramatizing self-mortifications. Artists critiquing SB 1070, Arizona's ban of ethnic studies, and Maricopa County Sheriff Joe Arpaio's... |
2014 |
Alina Camacho-Gingerich |
Introductory Comments |
27 Journal of Civil Rights & Economic Development 437 (Winter, 2014) |
On Friday, March 16, 2012, the Journal of Civil Rights and Economic Development of St. John's University's Ronald H. Brown Center for Civil Rights and Economic Development, St. John's School of Law, hosted an all-day symposium Border Patrols: The Legal, Racial, Social and Economic Implications of United States Immigration Policy. This symposium... |
2014 |
Mark Noferi |
Making Civil Immigration Detention "Civil," and Examining the Emerging U.s. Civil Detention Paradigm |
27 Journal of Civil Rights & Economic Development 533 (Winter, 2014) |
In 2009, the Obama Administration began to reform its sprawling immigration detention system by asking the question, How do we make civil detention civil? Five years later, after opening an explicitly-named civil detention center in Texas to public criticism from both sides, the Administration's efforts have stalled. But its reforms, even if... |
2014 |
Christine N. Cimini |
Most RelevantHands off Our Fingerprints: State, Local, and Individual Defiance of Federal Immigration Enforcement |
47 Connecticut Law Review 101 (November, 2014) |
Secure Communities, though little-known outside law-enforcement circles, is one of the most powerful of the federal government's immigration enforcement programs. Under Secure Communities, fingerprints collected by state and local law enforcement and provided to the Federal Bureau of Investigation for criminal background checks are automatically... |
2014 |
Dr. Timothy Philip Fadgen , Dr. Guy Charlton , Dr. Mark Kielsgard |
Narrowing the Scope of Judicial Review for Humanitarian Appeals of Deportation Orders in Canada, New Zealand and the United States |
35 Hamline Journal of Public Law and Policy 241 (Spring, 2014) |
The paper will compare the humanitarian and compassionate appeal provisions in relevant immigration law allowed to deportees in Canada, New Zealand and the United States. It argues that while recent changes in each of the countries have preserved the humanitarian appeals process, the basis of the appeal and judicial review have been dramatically... |
2014 |
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 |
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 |
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 |
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 |
Alia Al-Khatib |
Putting a Hold on Ice: Why Law Enforcement Should Refuse to Honor Immigration Detainers |
64 American University Law Review 109 (October, 2014) |
Beginning in the 1980s, immigration law began to place greater emphasis on noncitizens' past criminal convictions as grounds for deportation. This shift led to the deportation of many noncitizens with strong ties to the United States. In its effort to deport noncitizens with criminal convictions, the Department of Homeland Security (DHS) has... |
2014 |
Elizabeth Keyes |
Race and Immigration, Then and Now: How the Shift to "Worthiness" Undermines the 1965 Immigration Law's Civil Rights Goals |
57 Howard Law Journal 899 (Spring 2014) |
INTRODUCTION. 900 I. THE SHIFTING HISTORY OF IMMIGRATION AND IMMIGRATION RHETORIC. 902 A. Complicated Early Immigration History. 902 1. Founding Through 1880s. 903 2. 1880s Through 1965. 904 B. Attempting to Make Immigration a Civil Rights Issue: The 1965 Immigration Act. 905 C. Formal Equality, Functional Inequality Since 1965. 908 II. REFORM... |
2014 |
Benjamin Feist, Teresa Nelson, Ian Bratlie |
Racial Profiling in Greater Minnesota and the Case for Expanding the Driver's License Privilege to All Minnesota Residents |
5 William Mitchell Law Raza Journal 82 (2013-2014) |
Racial profiling is a pervasive issue for immigrants in the United States, and it is becoming increasingly problematic for Latinos living and working in the predominantly rural communities of Greater Minnesota. Reports from throughout the state indicate that Latinos are disproportionately targeted by the police on a regular basis. In the waning... |
2014 |
Vivian June |
Reaction to "Ruthless Haven" |
6 Georgetown Journal of Law & Modern Critical Race Perspectives 271 (Fall, 2014) |
In Ruthless Haven: How LA Gang Culture and U.S. Immigration Policy Contribute to Racial Injustice for Central American Asylum Applicants, Lauren Sparks provides an illuminating and harrowing view of gang culture in Central America and its transference to the United States. Despite the title of this Note, however, Sparks does not fulfill her... |
2014 |
Christopher N. Lasch |
Redress in State Postconviction Proceedings for Ineffective Crimmigration Counsel |
63 DePaul Law Review 959 (Summer 2014) |
In its 2010 decision in Padilla v. Kentucky, the U.S. Supreme Court held the Sixth Amendment right to effective assistance of counsel in criminal cases includes the right to receive counsel on whether a guilty plea is accompanied by a risk of deportation. But in 2013, the Court took back some of what it had given. Although most Padilla claims... |
2014 |
Bill Ong Hing |
Re-examining the Zero-tolerance Approach to Deporting Aggravated Felons: Restoring Discretionary Waivers and Developing New Tools |
8 Harvard Law & Policy Review 141 (Winter 2014) |
For the first time in many years, Congress and the White House are engaged in bipartisan efforts to enact comprehensive immigration reform. The give-and-take that dominates the debate is mostly over the terms of legalization for the estimated eleven million undocumented immigrants and the extent to which more funds should be dedicated to... |
2014 |
Richard Delgado |
Reforming Capitalism Through Law and Regulation |
47 John Marshall Law Review 1269 (Summer, 2014) |
Reflecting on a number of recent books on social reform through law, it struck me how many of them exhibit a common structure. The books lay out in the first half how poorly a certain sector, such as corporate finance, immigration, or civil rights, has been performing under certain criteria, usually justice or efficiency. They then argue for... |
2014 |
Jill E. Family |
Removing the Distraction of Delay |
64 Catholic University Law Review 99 (Fall, 2014) |
I. The Delay Rationale and Efforts to Restrict Judicial Review of Immigration Removal Cases. 102 A. The Role of Judicial Review in Immigration Removal Cases. 102 B. Efforts to Limit Immigration Judicial Review and the Delay Justification. 104 II. Delay and a Dispute Over Immigration Sovereignty. 109 A. Delay or Something Else?. 110 B. The Dispute... |
2014 |
Jamie G. Longazel |
Rhetorical Barriers to Mobilizing for Immigrant Rights: White Innocence and Latina/o Abstraction |
39 Law and Social Inquiry 580 (Summer, 2014) |
In the summer of 2006, Hazleton, Pennsylvania passed the Illegal Immigration Relief Act (IIRA). In this article, the politics that emerged in that law's wake are used as a case study to identify the rhetorical tools that justify and help achieve White dominance in local struggles over immigration in the United States. In tracing three successive... |
2014 |
Kristina M. Campbell |
Rising Arizona: the Legacy of the Jim Crow Southwest on Immigration Law and Policy after 100 Years of Statehood |
24 Berkeley La Raza Law Journal L.J. 1 (2014) |
United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its papers please law, SB 1070, the American... |
2014 |
Susan Bibler Coutin , Justin Richland , Véronique Fortin |
Routine Exceptionality: the Plenary Power Doctrine, Immigrants, and the Indigenous under U.s. Law |
4 UC Irvine Law Review 97 (March, 2014) |
I. Plenary Power and the Fullness of Law. 101 II. Originary Moments. 106 III. Routine Exceptionality, or Hiding in Plain Sight. 115 |
2014 |
Lauren Elizabeth Sparks |
Ruthless Haven: How La Gang Culture and U.s. Immigration Policy Contribute to Racial Injustice for Central American Asylum Applicants |
6 Georgetown Journal of Law & Modern Critical Race Perspectives 253 (Fall, 2014) |
[W]e find ourselves bound, first without, then within, by the nature of our categorization. And escape is not effected through a bitter railing against this trap; it is as though this very striving were the only motion needed to spring the trap upon us. We take our shape, it is true, within and against that cage of reality bequeathed us at our... |
2014 |
Maureen A. Sweeney |
Shadow Immigration Enforcement and its Constitutional Dangers |
104 Journal of Criminal Law and Criminology 227 (Spring, 2014) |
This Article introduces the concept of shadow immigration enforcement--that is, the increasingly common and troubling phenomenon of improper involvement in federal immigration enforcement by state and local law enforcement officers. Shadow immigration enforcement occurs when state or local police officers with no immigration enforcement authority... |
2014 |
Polly J. Price |
Sovereignty, Citizenship, and Public Health in the United States |
17 NYU Journal of Legislation and Public Policy 919 (2014) |
Sovereign boundaries, state borders, and distinctions between citizens and non-citizens undermine public health in the United States in a number of ways. For historical reasons, we are prone to view immigration and public health as separate interests, but they are in fact convergent. Historically, federal authority over immigration alleviated costs... |
2014 |
John Harras |
Suspicious Suspect Classes--are Nonimmigrants Entitled to Strict Scrutiny Review under the Equal Protection Clause?: an Analysis of Dandamudi and Leclerc |
88 Saint John's Law Review 849 (Fall 2014) |
Aliens are treated as a suspect class -- sometimes. As a general rule, aliens are a suspect class, which makes any statutory classification based on alienage subject to strict scrutiny review under the Equal Protection Clause of the U.S. Constitution. The Supreme Court has identified two exceptions to that general rule. The first is the... |
2014 |
Peter Margulies |
Taking Care of Immigration Law: Presidential Stewardship, Prosecutorial Discretion, and the Separation of Powers |
94 Boston University Law Review 105 (January, 2014) |
Introduction. 106 I. DACA, Prosecutorial Discretion, and Youngstown. 114 A. DACA and the DREAM Act. 114 B. DACA Meets Youngstown. 116 1. Prosecutorial Discretion in Immigration Law. 117 2. Why Prosecutorial Discretion Cannot Support DACA. 122 II. Protection of Intending Citizens and Presidential Stewardship. 128 A. The Neutrality Proclamation and... |
2014 |
Miranda Cady Hallett |
Temporary Protection, Enduring Contradiction: the Contested and Contradictory Meanings of Temporary Immigration Status |
39 Law and Social Inquiry 621 (Summer, 2014) |
In the construction of immigration status categories in law and social practice, the power of the nation-state to define migrants' status is pervasive but far from absolute. In this article, I examine the conditioned legality known as Temporary Protected Status (TPS) in US immigration law through a discussion of legal structures, historical frames,... |
2014 |
Laura A. Hernández |
The Constitutional Limits of Supply and Demand: Why a Successful Guest Worker Program must Include a Path to Citizenship |
10 Stanford Journal of Civil Rights & Civil Liberties 251 (June, 2014) |
The United States is a proud nation of immigrants, with a short memory. As the country's need for immigrant labor continues unabated, legislative reaction to these labor demands is myopic. It is undisputed that the American desire for cheap labor incentivizes the migration of unskilled and undocumented guest workers. As long as market demand for... |
2014 |
Josefina Aguila |
The Federal Immigration Power: Why Congress Cannot Overturn the Court's Decision in Arizona V. United States |
28 Georgetown Immigration Law Journal 663 (Spring, 2014) |
C1-3Table of Contents I. Introduction. 663 II. Immigration Law in the United States. 664 III. The Court's Holding in Arizona v. United States. 667 IV. The SAFE Act. 669 V. Inherent Authority of the States. 670 VI. Constitutional Immigration Power. 673 VII. Practical Consequences of Local Immigration Power. 677 VIII. Conclusion. 679 |
2014 |
Anita Ortiz Maddali |
The Immigrant "Other": Racialized Identity and the Devaluation of Immigrant Family Relations |
89 Indiana Law Journal 643 (Spring, 2014) |
This Article explores how current terminations of undocumented immigrants' parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the... |
2014 |
Mark Noferi, Robert Koulish |
The Immigration Detention Risk Assessment |
29 Georgetown Immigration Law Journal 45 (Fall, 2014) |
In early 2013, U.S. Immigration and Customs Enforcement (ICE) deployed nationwide a new automated risk assessment tool to help determine whether to detain or release noncitizens pending their deportation proceedings. Adapted from similar evidence-based criminal justice reforms that have reduced pretrial detention, ICE's initiative now represents... |
2014 |
Michael T. Light |
The New Face of Legal Inequality: Noncitizens and the Long-term Trends in Sentencing Disparities Across U.s. District Courts, 1992-2009 |
48 Law and Society Review 447 (June, 2014) |
In the wake of mass immigration from Latin America, legal scholars have shifted focus from racial to ethnic inequality under the law. A series of studies now suggest that Hispanics may be the most disadvantaged group in U.S. courts, yet this body of work has yet to fully engage the role of citizenship status. The present research examines the... |
2014 |
Alison Bashford, Jane McAdam |
The Right to Asylum: Britain's 1905 Aliens Act and the Evolution of Refugee Law |
32 Law and History Review 309 (May, 2014) |
From the 1880s, states and self-governing colonies in North and South America, across Australasia, and in southern Africa began introducing laws to regulate the entry of newly defined undesirable immigrants. This was a trend that intensified exclusionary powers originally passed in the 1850s to regulate Chinese migration, initially in the context... |
2014 |
Jonathan Svitak |
The Usual Suspects: Judicial Review of State Laws That Target Undocumented Immigrants |
47 John Marshall Law Review 1127 (Spring, 2014) |
I.Introduction. 1127 II. Background. 1129 A. The Role of the State in Controlling Its Borders. 1129 1. State Sovereignty as It Relates to Immigration. 1130 2. Federal Intervention in the Regulation of Immigration. 1131 3. The Current Immigration Landscape in Arizona and Alabama. 1132 4. The Individual Rights of Undocumented and Documented Aliens... |
2014 |
Kit Johnson |
Theories of Immigration Law |
46 Arizona State Law Journal 1211 (Winter 2014) |
Legal scholarship lacks a comprehensive account of the theoretical underpinnings of immigration law. This Article attempts to fill that void by identifying four theories to explain various aspects of immigration law and the arguments advanced in support of such law: (1) individual rights theory, which turns on the prospective migrant's right of... |
2014 |