| Author | Title | Citation | Summary | Year |
| Austen Ishii |
There and Back, Now and Then: Iirira's Retroactivity and the Normalization of Judicial Review in Immigration Law |
83 Fordham Law Review 949 (November, 2014) |
The U.S. Supreme Court has a long tradition of treating immigration law as exceptional, deferring to Congress and executive agencies when determining the scope of various immigration laws. The Court's refusal to subject immigration statutes to the ordinary level of judicial review has left immigrants even more susceptible to the effects of... |
2014 |
| Chad Lieberman, Marc Brosseau |
Undocumented Workers and Lost Future Earnings |
43-NOV Colorado Lawyer 61 (November, 2014) |
Lost future earnings are a damages item based on future potential and unearned wages. Immigration issues become intertwined with litigation issues when an undocumented worker is an injured plaintiff seeking damages. This article explores whether undocumented workers may seek lost future earnings as a damages item in Colorado despite an inability to... |
2014 |
| Patrick J. Charles |
Weighing the Constitutionality of State Immigration Verification Laws in the Wake of Arizona V. United States |
27 Journal of Civil Rights & Economic Development 441 (Winter, 2014) |
In the wake of Arizona v. United States, it is settled that state immigration verification laws like Section 2(B) are facially constitutional. At the same time, the Supreme Court did not foreclose that Section 2(B) could be preempted in terms of its application, nor did the Court shield the law from subsequent civil rights litigation. Thus, the... |
2014 |
| Lindsay Macdonald |
Why the Rule-of-law Dictates That the Exclusionary Rule Should Apply in Full Force to Immigration Proceedings |
69 University of Miami Law Review 291 (Fall 2014) |
This article discusses how and why the exclusionary rule should apply in the immigration context. The first part of the article sets out the history of the exclusionary rule in immigration proceedings, starting prior to the Lopez-Mendoza decision, moving to the decision itself, and then discussing how the lower courts have interpreted the decision.... |
2014 |
| Kristina M. Campbell |
(Un) Reasonable Suspicion: Racial Profiling in Immigration Enforcement after Arizona V. United States |
3 Wake Forest Journal of Law and Policy 367 (June, 2013) |
On June 25, 2012, the Supreme Court of the United States issued its landmark decision in Arizona v. United States, striking down three of the four provisions of Arizona's notorious Senate Bill (S.B.) 1070 challenged by the United States Department of Justice as preempted by federal immigration law. Despite agreeing with the government that the... |
2013 |
| Shira Morag Levine |
A "Vital Question of Self-preservation": Chinese Wives, Merchants, and American Citizens Caught in the 1924 Immigration Act |
9 Stanford Journal of Civil Rights & Civil Liberties 121 (January, 2013) |
Introduction. 121 I. Legal and Human Limbo: Exclusion from the United States and Detention on Angel Island. 124 II. Congress's Increasingly Restrictive Chinese Immigration Policy: 1868-1924. 128 III. Legal Battles to Protect Immigration by Chinese Wives, and the Supreme Court's Anomalous 1925 Decisions. 132 IV. Unpacking the Supreme Court's... |
2013 |
| Jennifer Coleman |
A Divisive Split in the Eighth, Fifth, and Third Circuits: What the Courts Have to Say about States and Communities Taking Immigration into Their Own Hands |
27 Georgetown Immigration Law Journal 871 (Summer, 2013) |
As an indication of how polarizing the debate on immigration has become, three federal circuit courts came to different conclusions in the summer of 2013, regarding whether federal law preempts local employment and housing ordinances that impact immigration issues. Communities have passed ordinances related to rental housing and employment, among... |
2013 |
| Kevin R. Johnson |
An Immigration Gideon for Lawful Permanent Residents |
122 Yale Law Journal 2394 (June, 2013) |
In evaluating the legacy of Gideon v. Wainwright, it is critical to remember that the Supreme Court's decision rested on the Sixth Amendment right to counsel for the accused in criminal cases. American law sharply demarcates between the many rights available to criminal defendants and the significantly more limited bundle of protections for civil... |
2013 |
| Denny Chan |
An Invisibility Cloak: the Model Minority Myth and Unauthorized Asian Immigrants |
3 UC Irvine Law Review 1281 (December, 2013) |
Introduction. 1281 I. The Case for Unauthorized Immigration as a Latino Issue. 1282 A. Evidence from the World Wide Web. 1283 B. Legislative Evidence. 1283 C. Public Commentary. 1287 II. Reasons Why Latinos and the Unauthorized Are Conflated. 1288 A. Powerful Numbers and Rapid Growth. 1288 B. Geographic Proximity. 1290 C. Economic Factors. 1290 D.... |
2013 |
| Kevin R. Johnson , Joanna E. Cuevas Ingram |
Anatomy of a Modern-day Lynching: the Relationship Between Hate Crimes Against Latina/os and the Debate over Immigration Reform |
91 North Carolina Law Review 1613 (June, 2013) |
Our contribution to the Race Trials symposium considers the protracted legal battles to bring justice to the perpetrators of the killing of a young Mexican immigrant in rural Pennsylvania. From that sensational case, we attempt to draw more general civil rights lessons. The Article specifically contends that hate crimes directed at Latina/os,... |
2013 |
| Michael Park |
Asian American Masculinity Eclipsed: a Legal and Historical Perspective of Emasculation Through U.s. Immigration Practices |
8 Modern American Am. 5 (Spring, 2013) |
This Article provides a critical and historical analysis of the impact of U.S. immigration laws and policies in shaping Asian masculinity norms and the emasculation of the Asian male subject. The article begins with a historical introduction to immigration laws that have affected Asian Americans, particularly, Chinese immigrants. The article then... |
2013 |
| Ramanujan Nadadur |
Beyond "Crimigration" and the Civil-criminal Dichotomy--applying Mathews V. Eldridge in the Immigration Context |
16 Yale Human Rights and Development Law Journal 141 (2013) |
Policies and regulations from the past decade underscore the need for strong constitutional safeguards in removal proceedings, which are administrative proceedings where an Immigration Judge adjudicates whether a noncitizen should be deported from the United States under the Immigration and Nationality Act (INA). Deportation has accelerated; the... |
2013 |
| Olga Tomchin |
Bodies and Bureaucracy: Legal Sex Classification and Marriage-based Immigration for Trans* People |
101 California Law Review 813 (June, 2013) |
In most jurisdictions in the United States, a birth certificate's sex marker, as decided by the appearance of the infant's genitals, creates a rebuttable presumption of legal sex requiring specified (but widely varying) evidence to overcome. These requirements for recognition are generally illogical, inconsistent, and unattainable for most trans*... |
2013 |
| Laura E. Ploeg |
Chamber of Commerce V. Whiting: a Law Student's Freewheeling Inquiry |
58 Villanova Law Review: Tolle Lege 26 (2013) |
Illegal immigration is a phrase that elicits strong opinions from many people. Debate on the topic ranges from the blatantly racist to sympathy for the plight of immigrants, and less emotionally based arguments that fall in between. It is estimated that there are over ten million undocumented aliens in the United States. Most people agree that... |
2013 |
| Sheldon Novick |
Citizenship Is Not the Only Goal: Reform Should Bring an End to Mass Deportations |
27 Georgetown Immigration Law Journal 485 (Spring, 2013) |
The ongoing mass deportation of undocumented aliens has caused a human rights crisis in the United States. The deportation program rests on federal statutes that require removal from the United States of millions of immigrants through procedures that deny them due process and the equal protection of the laws. It is justified by a supposed... |
2013 |
| César Cuauhtémoc García Hernández |
Creating Crimmigration |
2013 Brigham Young University Law Review 1457 (2013) |
The story of the United States has been one of welcoming foreigners. It has also been a story of excluding foreigners. Some prospective immigrants have been deemed worthy of admission into the country, while others have been turned back. Some entered without asking the government's permission and were deported after coming to the federal... |
2013 |
| Ingrid V. Eagly |
Criminal Justice for Noncitizens: an Analysis of Variation in Local Enforcement |
88 New York University Law Review 1126 (October, 2013) |
The growing centrality of criminal aliens to American immigration enforcement is one of the most significant historical shifts in the federal immigration system. However, little is known about how this dramatic restructuring of federal immigration priorities affects local criminal justice systems. Do noncitizens experience the same type of... |
2013 |
| Michelle L. Sudano |
Crossing the Final Border: Securing Equal Gender Protection in Immigration Cases |
21 William & Mary Bill of Rights Journal 957 (March, 2013) |
Power without justice is soon questioned. Justice and power must be brought together, so that whatever is just may be powerful, and whatever is powerful may be just. -Blaise Pascal Consider two men, both Mexican immigrants, both convicted of importing marijuana to the United States and both sentenced as drug offenders. The men are similarly... |
2013 |
| Stephen Lee |
De Facto Immigration Courts |
101 California Law Review 553 (June, 2013) |
In Padilla v. Kentucky, the Supreme Court recognized a noncitizen defendant's right to be informed by her attorney of any downstream immigration consequences that might flow from a proposed plea deal. In establishing this important right, the Court recognized a stark reality: that in many instances, a noncitizen's only meaningful opportunity to... |
2013 |
| Elizabeth Keyes |
Defining American: the Dream Act, Immigration Reform and Citizenship |
14 Nevada Law Journal 101 (Fall 2013) |
Introduction. 102 I. The DREAM: Legislation and Narrative. 105 A. The DREAM Act and Immigration Reform Proposals for DREAMers. 105 B. The Narrative Being Told. 109 1. Harnessing the American Dream. 109 2. A Story of Worthiness and Blamelessness. 112 II. DREAMers Exposing and Expanding the Limits of Citizenship. 115 A. The Claiming of Citizenship... |
2013 |
| Hiroshi Motomura |
Designing Temporary Worker Programs |
80 University of Chicago Law Review 263 (Winter, 2013) |
Some of the most vexing and persistent questions in US immigration policy involve whether and how to design programs to admit temporary workers to the United States. In addressing this topic, I start with a brief overview of temporary worker admissions in US immigration law today and then summarize the main points typically made by supporters and... |
2013 |
| Alexander F.A. Rabanal |
Educating the Underground: the Constitutionality of Non-residence Based Immigrant In-state Tuition Laws |
88 Chicago-Kent Law Review 1059 (2013) |
Woven into the fabric of the American secondary education system are students a casual observer might dismiss as simply part of the mass of students that occupy classroom seats and roam school hallways everyday. College should be just over the horizon for these students, but a closer look reveals an unfortunate tension, a legal status that belies... |
2013 |
| Christopher N. Lasch |
Federal Immigration Detainers after Arizona V. United States |
46 Loyola of Los Angeles Law Review 629 (Winter, 2013) |
In Arizona v. United States, the Supreme Court held that three of the four challenged provisions to Arizona's Support Our Law Enforcement and Safe Neighborhoods Act were preempted. The Court reached this conclusion by focusing on the federal government's supremacy in immigration enforcement. Ironically, the Court's focus on federal supremacy... |
2013 |
| Karla Mari McKanders |
Federal Preemption and Immigrants' Rights |
3 Wake Forest Journal of Law and Policy 333 (June, 2013) |
Jose Angel Vargas is a lawful permanent resident of the United States living in Phoenix. Vargas, who is Latino and speaks very little English, is a member of the day laborer organization Tonatierra's Centro Macehualli. He has lawfully and peacefully solicited work there and on public street corners. Mr. Vargas would like to continue soliciting work... |
2013 |
| John C. Eastman |
From Plyler to Arizona: Have the Courts Forgotten about Corfield V Coryell? |
80 University of Chicago Law Review 165 (Winter, 2013) |
The theme of the Symposium at which this Article was presented was Immigration Law and Institutional Design. Our mission, as Symposium participants, was to assess the efficacy of the institutions that adopt and enforce our immigration laws. But before we can possibly make an efficacy assessment, we must address a normative question, namely, just... |
2013 |
| Logan Bushell |
Give Me Your Tired, Your Poor, Your Huddled Masses--just as Long as They Fit the Heteronormative Ideal: U.s. Immigration Law's Exclusionary & Inequitable Treatment of Lesbian, Gay, Bisexual, Transgendered, and Queer Migrants |
48 Gonzaga Law Review 673 (2012-2013) |
I. Introduction. 674 II. Immigration & Sexuality: An Historical Analysis of Regulating Sexuality at the Border. 677 A. 1875-1917: Establishing a Foundational Blueprint for Exclusion of LGBTQ Migrants. 678 B. 1917-1990: Adherence to the Blueprint for Exclusion of LGBTQ Migrants. 680 III. Refuge in the Courthouse? The Judiciary's Approach to... |
2013 |
| Eleanor Marie Lawrence Brown |
How the U.s. Selected for a Black British Bourgeoisie |
27 Georgetown Immigration Law Journal 311 (Winter, 2013) |
While legal scholarship concerning the history of race and voluntary immigration to the United States has focused largely on minority groups originating in Latin America and Asia, this Essay reminds us that this history also implicates black migration. Early free black migrants were overwhelmingly British subjects, originating from the Caribbean... |
2013 |
| John Medeiros |
Immigration after Doma: How Equal Is Marriage Equality? |
35 Hamline Journal of Public Law and Policy 197 (Fall, 2013) |
Under current immigration law, there are four primary avenues to lawful permanent residence: family reunification, employment-based immigration, asylum/refugee admission, and diversity based on country of origin. Of these four avenues, family reunification remains a top priority of our country's legal immigration system. This priority is evidenced... |
2013 |
| Leila Higgins |
Immigration and the Vulnerable Worker: We Built this Country on Cheap Labor |
3 American University Labor & Employment Law Forum 522 (2013) |
In early 2012, the Department of Labor took an unexpected step in support of immigrant workers, changing the way H-2B visas are issued to make it harder both to hire and to exploit immigrant workers. The changes in regulation were the result of years of hard work by advocates for both Union workers, and immigrants. However, by the end of the summer... |
2013 |
| Pratheepan Gulasekaram , S. Karthick Ramakrishnan |
Immigration Federalism: a Reappraisal |
88 New York University Law Review 2074 (December, 2013) |
This Article identifies how the current spate of state and local regulation is changing the way elected officials, scholars, courts, and the public think about the constitutional dimensions of immigration law and governmental responsibility for immigration enforcement. Reinvigorating the theoretical possibilities left open by the Supreme Court in... |
2013 |
| Anil Kalhan |
Immigration Policing and Federalism Through the Lens of Technology, Surveillance, and Privacy |
74 Ohio State Law Journal 1105 (2013) |
I. Introduction. 1106 II. The Evolution of State and Local Immigration Policing. 1111 A. Unilateral State and Local Initiatives. 1111 B. Cooperative Federalism and Immigration Policing. 1115 C. The Emerging Immigration Federalism Equilibrium. 1120 III. The Emergence of Automated Immigration Policing. 1122 A. NCIC Immigration Violators File. 1122 B.... |
2013 |
| Lucas Guttentag |
Immigration Preemption and the Limits of State Power: Reflections on Arizona V. United States |
9 Stanford Journal of Civil Rights & Civil Liberties Liberties 1 (January, 2013) |
Introduction. 1 I. Background. 3 A. The Long Drought. 3 B. S.B. 1070 and the Courts. 7 C. Arizona v. United States. 10 1. Police Inquiries: Limiting Section 2B. 13 2. Federal Control: Foreign Policy and Executive Enforcement Discretion. 15 II. Implications: Restricting State Immigration Enforcement Power. 19 A. Rejecting Inherent Authority. 19 1.... |
2013 |
| Daniel I. Morales |
Immigration Reform and the Democratic Will |
16 University of Pennsylvania Journal of Law and Social Change 49 (2013) |
The character of the American immigration regime has remained remarkably stable over many decades. It changes, to be sure, sometimes granting migrants benefits and at other moments cracking down. However, the broad trend is unmistakable: immigration law and the way it is implemented is increasingly harsh and inhumane. This article argues that this... |
2013 |
| David S. Rubenstein |
Immigration Structuralism: a Return to Form |
8 Duke Journal of Constitutional Law & Public Policy 81 (2013) |
At the heart of the subfederal immigration revolution are two core questions. The first is what to do about our broken immigration system, especially regarding an estimated eleven million individuals unlawfully present. This question ignites impassioned debates on civil liberties, the rule of law, the economy, foreign relations, and who we... |
2013 |
| Julian Lim |
Immigration, Asylum, and Citizenship: a More Holistic Approach |
101 California Law Review 1013 (August, 2013) |
Despite obvious overlaps between immigration law, refugee law, and citizenship, legal scholars have tended to disaggregate them, studying them in isolation. This Article brings refugee law in closer conversation with both immigration law and citizenship by presenting the previously unknown history of Pershing's Chinese refugees: 522 Chinese... |
2013 |
| Matthew J. Lindsay |
Immigration, Sovereignty, and the Constitution of Foreignness |
45 Connecticut Law Review 743 (February, 2013) |
It is a central premise of modern American immigration law that immigrants, by virtue of their non-citizenship, are properly subject to an extra-constitutional regulatory authority that is inherent in national sovereignty and buffered against judicial review. The Supreme Court first posited this constitutionally exceptional authority, which is... |
2013 |
| Olivia Quinto |
In a Desert Selling Water: Expanding the U-visa to Victims of Notario Fraud and Other Unauthorized Practices of Law |
14 Rutgers Race & the Law Review 203 (2013) |
Washington's paralysis with immigration reform is sustaining an invidious industry: immigration fraud. The unauthorized practice of immigration law (known as UPIL) by fraudulent providers has victimized and bilked hard-working immigrants around the country with promises to deliver immigration solutions that never materialize. Known commonly as... |
2013 |
| Alexandra Grant |
Intersectional Discrimination in U Visa Certification Denials: an Irremediable Violation of Equal Protection? |
3 Columbia Journal of Race and Law 253 (2013) |
Through the U visa, the Immigration and Nationality Act offers a means to obtain legal immigration status for undocumented victims of domestic violence and other specified crimes who cooperate with law enforcement in the investigation or prosecution of those crimes. In order to apply for such a visa, a crime victim must obtain law enforcement... |
2013 |
| Bijal Shah |
Lgbt Identity in Immigration |
45 Columbia Human Rights Law Review 100 (Fall, 2013) |
The partial invalidation of the Defense of Marriage Act (DOMA) and national focus on comprehensive immigration reform has brought lesbian, gay, bisexual, and transgender (LGBT) immigrants to the forefront. This Article is the first to undertake a close examination of asymmetries in the impact of LGBT identity on access to United States citizenship.... |
2013 |
| Jillian S. Hishaw |
Mississippi Is Burning Georgia's Peaches Because Alabama Is No Longer a Sweet Home: a Legislative Analysis of Southern Discomfort Regarding Illegal Immigration |
58 South Dakota Law Review 30 (2013) |
I. INTRODUCTION II. WE'VE BEEN HERE BEFORE III. NORTH AMERICAN FREE TRADE AGREEMENT IV. THE CHINA EFFECT V. SWEET HOME ALABAMA VI. I'VE GOT GEORGIA ON MY MIND VII. MISSISSIPPI BURNING VII. POSITIVE IMPLICATIONS OF STATE IMMIGRATION REFORM IX. GUEST WORKER PROGRAM A. H-2A Guest Worker Program B. Helping Agriculture Receive Verifiable Employees... |
2013 |
| Brooke Huley |
Most RelevantAutomatic Birthright Citizenship: How Europe Has Fallen and Why We Should Not Follow |
19 Southwestern Journal of International Law 351 (2013) |
Through the Fourteenth Amendment, our nation currently grants automatic citizenship to children of undocumented immigrants--as well as all other children--born on U.S. soil. However, legislators have recently attacked this century-old policy. They have proposed both a federal law and a constitutional amendment that would reinterpret the Fourteenth... |
2013 |
| Lee Ann S. Wang |
Of the Law, but Not its Spirit": Immigration Marriage Fraud as Legal Fiction and Violence Against Asian Immigrant Women |
3 UC Irvine Law Review 1221 (December, 2013) |
Introduction. 1221 I. Immigration Marriage Fraud as a Legal Fiction. 1228 II. The Racial Problem with Coaching . 1235 III. Translation as Fraudulent Speaker. 1239 IV. Love Letters and Whiteness. 1243 V. The Citizen Subject as Innocent Speaker. 1246 Conclusion. 1249 |
2013 |
| Victor C. Romero |
Our Illegal Founders |
16 Harvard Latino Law Review 147 (Spring, 2013) |
I. The Current Immigration Debate in Historical Context. 147 II. A Brief History of (Il)legal Immigration. 150 A. Private Borders, National Borders, and the Role of Law. 150 B. The Malleable Border in U.S. History. 151 1. Privilege and Power during the 1700s: Our Illegal Founding Fathers. 152 2. The View from Below: Illegal People in the New... |
2013 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| Cynthia Benin |
Randomizing Immigration Enforcement: Exploring a New Fourth Amendment Regime |
88 New York University Law Review 1735 (November, 2013) |
This Note draws upon immigration law to analyze a new Fourth Amendment regime put forth by criminal law scholars Bernard Harcourt and Tracey Meares. In Randomization and the Fourth Amendment, Harcourt and Meares propose a model for reasonable searches and seizures that dispenses with individualized suspicion in favor of random, checkpoint-like... |
2013 |