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
Daniel I. Morales AN IMMIGRATION LAW FOR ABOLITIONISTS (AND REACTIONARIES) 13 UC Irvine Law Review 1291 (November, 2023) Immigration law gets most things wrong and satisfies no one--not immigrants, not moderates, not restrictionists, and not abolitionists (the #AbolishICE crowd). It is bad law premised on skewed epistemic inputs--the fantasies of U.S. citizens--and enforced by a national agency with bloated resources tasked with solving a problem (illegal... 2023
Louis Henkin An Immigration Policy for a Just Society? 31 San Diego Law Review 1017 (FALL 1994) Thanks largely to A Theory of Justice , Professor John Rawls' modern classic, justice has been a preoccupation of political philosophers in the second half of the Twentieth Century. But Rawls - and Aristotle, who was occupied with justice 2,300 years earlier, and virtually all the many others in between - addressed the just society as... 1994
James A.R. Nafziger An Immigration Policy of Helping Bring People to the Resources 8 Denver Journal of International Law and Policy 607 (1979) The issue of undocumented aliens in the United States eludes resolution because of several factors. These include distorted, ritualized commentary, an incomplete and incoherent national policy framework, deficiencies in the federal immigration law and its implementation, and consequent public mis-perceptions which encourage more of the same. In... 1979
Christine Cimini, Doug Smith AN INNOVATIVE APPROACH TO MOVEMENT LAWYERING: AN IMMIGRANT RIGHTS CASE STUDY 35 Georgetown Immigration Law Journal 431 (Winter, 2021) C1-3Table of Contents L1-2Introduction . L3432 I. Literature on Lawyering and Social Change. 442 A. The Critique of Lawyers as Agents for Social Change. 442 B. Newer Models of Social Change Lawyering. 447 II. The Rise and Fall of S-Comm as an Effective Case Study. 454 III. The Immigrant Rights Landscape Prior to S-Comm. 456 A. The Local/National... 2021
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
Anna Arons AN UNINTENDED ABOLITION: FAMILY REGULATION DURING THE COVID-19 CRISIS 12 Columbia Journal of Race and Law 1 (4-Apr-22) In a typical year, New York City's vast family regulation system, fueled by an army of mandated reporters, investigates tens of thousands of reports of child neglect and abuse, policing almost exclusively poor Black and Latinx families even as the government provides those families extremely limited support. When the City shut down in the wake of... 2022
Anthony J. DeMattee , Matthew J. Lindsay , Hallie Ludsin AN UNREASONABLE PRESUMPTION: THE NATIONAL SECURITY/FOREIGN AFFAIRS NEXUS IN IMMIGRATION LAW 88 Brooklyn Law Review 747 (Spring, 2023) For well over a century, immigration governance has occupied a constitutionally unique niche within American public law, where it is subject to substantially weaker constitutional constraints than apply in virtually every other context. When the federal government banishes a noncitizen from the country or detains her for months or years at a time,... 2023
Maria Fernanda Parra-Chico An Up-close Perspective: the Enforcement of Federal Immigration Laws by State and Local Police 7 Seattle Journal for Social Justice 321 (Fall/Winter 2008) The attacks of September 11, 2001, evoked a debate over whether, and to what extent, the federal government should employ the resources and efforts of local law enforcement agencies to carry out U.S. immigration law mandates. Today, state and local governments--working closely with federal authorities-- are enacting laws and ordinances seeking to... 2008
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
Priscilla Huang Anchor Babies, Over-breeders, and the Population Bomb: the Reemergence of Nativism and Population Control in Anti-immigration Policies 2 Harvard Law & Policy Review 385 (Summer, 2008) At the start of 2008, news of a baby boomlet made headlines. For the first time in 35 years, the U.S. fertility rate, or average number of children born to each woman, reached 2.1 in 2006, the number statisticians say is needed for a population to replace itself. Demographers pointed to an increase in the number of immigrants as a main reason for... 2008
Shirley Lin And Ain't I a Woman?: Feminism, Immigrant Caregivers, and New Frontiers for Equality 39 Harvard Journal of Law & Gender 67 (Winter 2016) Introduction. 67 I. Feminist Legal Theory at the Crossroads: Immigrant Women Caregivers and the Carceral Matrix. 71 A. Feminism, Economic Insecurity, and Social Reproduction: Gender Equity in Context. 74 B. Immigrants and the Deepening Paradox of Wrongs Without Remedies. 81 1. From Contradiction to Lawful Retaliation: IRCA and Hoffman Plastics... 2016
Kevin C. Wilson And Stay Out! The Dangers of Using Anti-immigrant Sentiment as a Basis for Social Policy: America Should Take Heed of Disturbing Lessons from Great Britain's past 24 Georgia Journal of International and Comparative Law 567 (Winter, 1995) In recent years the United States has experienced a steady rise of anti-immigrant sentiment comparable to the worst periods of time in [its] history. With mounting fears regarding scarce jobs and a stagnant economy, immigrants have become the unfortunate scapegoats for the ills of American society. The tide of anti-immigrant sentiment has been... 1995
Jonathan C. Augustine AND WHO IS MY NEIGHBOR?: A FAITH-BASED ARGUMENT FOR IMMIGRATION POLICY REFORM IN WELCOMING UNDOCUMENTED REFUGEES 66 Howard Law Journal 439 (Spring, 2023) When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as a citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt. The January 6, 2021 insurrection at the Capitol in Washington, DC, revealed several things about the United States. In... 2023
Mae M. Ngai, University of Chicago Andrew Gyory, Closing the Gate: Race, Politics, and the Chinese Exclusion Act. Chapel Hill: University of North Carolina Press, 1998. Xii, 354 Pp. $49.95 (Cloth). $19.95 (Paper). 44 American Journal of Legal History 304 (July, 2000) The Chinese exclusion laws (1882-1943) stand among the darkest moments in the history of American race policy. One of the first acts of federal legislation regulating immigrants, Chinese exclusion would remain the only policy that banned from entering the United States a group of people explicitly on grounds of race. Over the last thirty years... 2000
Kaili Akar ANOTHER GROUP BITES THE DUST: THE FOURTH CIRCUIT'S RIGID DETERMININATION OF PARTICULAR SOCIAL GROUPS 64 Boston College Law Review E-Supplement 52 (4/25/2023) Abstract: In 2022, in Herrera-Martinez v. Garland, the U.S. Court of Appeals for the Fourth Circuit held that prosecution witnesses are not a sufficiently particular social group (PSG) to warrant protection from deportation under the Immigration and Nationality Act. The Fourth Circuit's decision added to varying interpretations of the... 2023
Rodolfo D. Saenz Another Sort of Wall-building: How Crimmigration Affects Latino Perceptions of Immigration Law 28 Georgetown Immigration Law Journal 477 (Winter, 2014) The increased criminalization of immigration law has resulted in a number of problems that directly affect Latinos. For example, Latinos currently account for the vast majority of individuals detained in immigration detention and removed from the country. Furthermore, Latinos are the largest racial group sentenced to federal prison, and immigration... 2014
Bill Ong Hing Answering Challenges of the New Immigrant-driven Diversity: Considering Integration Strategies 40 Brandeis Law Journal 861 (Summer, 2002) In an odd manner, the tragic events of September 11th served as a reminder that the United States is a nation of immigrants that has grown more and more diverse since the 1965 amendments to the country's immigration laws. As the nation reeled from the attacks, we regrouped in incredible demonstrations of unity and patriotism. Yet, an ugly side of... 2002
Peter H. Huang ANTI-ASIAN AMERICAN RACISM, COVID-19, RACISM CONTESTED, HUMOR, AND EMPATHY 16 FIU Law Review 669 (Spring, 2022) This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article... 2022
Kayla M. Chisholm ANTI-BLACKNESS IN IMMIGRATION: A COMPARATIVE ANALYSIS BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES [ESTADOS UNIDOS MEXICANOS] 31 Tulane Journal of International and Comparative Law 145 (Winter, 2023) I. Introduction. 146 II. Prevalence of Anti-Blackness Found in Immigration Law and Policies. 148 A. Brief History of North American Migration Law. 148 B. Overview of Immigration Legal Landscape for Forced Migrants--The United States. 150 C. Overview of Immigration Legal Landscape for Forced Migrants--Mexico. 153 D. Haitian Relations Issues Specific... 2023
Sabrina Balgamwalla , Lauren E. Bartlett ANTI-CARCERAL THEORY AND IMMIGRATION: A VIEW FROM TWO LAW SCHOOL CLINICS 67 Saint Louis University Law Journal 491 (Spring, 2023) This article explores clinical teaching philosophies related to anti-carceral theory and provides examples of how to support student learning in clinics serving immigrant clients. Anti-carceral theory in this context is used to refer to an approach that resists criminalization and incarceration within law, drawing on abolitionism, intersectional... 2023
Nikolas Bowie ANTIDEMOCRACY 135 Harvard Law Review 160 (November, 2021) Democracy can take root anywhere, from community gardens to the most toxic workplace environments. It's planted whenever people treat one another as political equals, allowing everyone in the community, or demos, to share in exercising power, or kratos. Where democracy is allowed to blossom, it can undermine social hierarchies that have long seemed... 2021
Carrie L. Rosenbaum Anti-democratic Immigration Law 97 Denver Law Review 797 (Summer, 2020) [I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized... 2020
Tamas Dezso Ziegler Anti-enlightenment in International Business and Trade Law: a U.s.-- E.u. Comparison 19 Journal of International Business and Law 162 (Spring, 2020) After the inauguration of Donald Trump as president of the U.S. and the success of authoritarian, far-right leaders in certain countries in the E.U., the legal framework of international trade changed drastically. This article elaborates on this phenomenon by highlighting the effect of the Western anti-Enlightenment tradition, a tradition... 2020
Valerie L. Barth Anti-immigrant Backlash and the Role of the Judiciary: a Proposal for Heightened Review of Federal Laws Affecting Immigrants 29 Saint Mary's Law Journal 105 (1997) I. Introduction. 106 II. History and Development of Judicial Review in Alienage Cases. 120 A. Judicial Review of State Laws Classifying Aliens: Invalidating the Special Public Interest Doctrine and Limiting the Political Function Exception. 120 B. Judicial Review of Federal Laws: Why the Special Treatment?. 127 C. The Constitutionality of the... 1997
Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills ANTIRACISM, REFLECTION, AND PROFESSIONAL IDENTITY 18 Hastings Race and Poverty Law Journal 3 (Winter, 2021) Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional... 2021
Pratheepan Gulasekaram , Rick Su , Rose Cuison Villazor Anti-sanctuary and Immigration Localism 119 Columbia Law Review 837 (April, 2019) A new front in the war against sanctuary cities has emerged. Until recently, the fight against sanctuary cities has largely focused on the federal government's efforts to defund states like California and cities like Chicago and New York for resisting federal immigration enforcement. Thus far, localities have mainly prevailed against this federal... 2019
Monica C. Bell Anti-segregation Policing 95 New York University Law Review 650 (June, 2020) Conversations about police reform in lawmaking and legal scholarship typically take a narrow view of the multiple, complex roles that policing plays in American society, focusing primarily on their techniques of crime control. This Article breaks from that tendency, engaging police reform from a sociological perspective that focuses instead on the... 2020
  Appeals 49 Georgetown Law Journal Annual Review of Criminal Procedure 1001 (2020) Jurisdiction. Federal appellate courts generally only review final decisions of the district courts. Thus, an appeal is not allowed from any decision which is tentative, informal or incomplete. In criminal matters, an appeal usually may only be taken after the district court has imposed a sentence. After a notice of appeal is filed, the district... 2020
Samantha Sar Hing APPLYING A REPARATIONS FRAMEWORK TO ADVOCATE FOR MENTAL HEALTH SERVICES FOR CAMBODIAN REFUGEES, 40 YEARS LATER 24 Rutgers Race & the Law Review 203 (2023) My parents suffered PTSD from the Khmer Rouge - to cope, I ran the streets and as a result I am now serving a life sentence. While many scholars have talked generally about why the United States deports refugees, there has been a focus by academics and students into the deportation of Cambodian-American refugees. I utilize a reparations-based... 2023
Carrie Rosenbaum ARBITRARY ARBITRARINESS REVIEW 100 Denver Law Review 773 (Spring, 2023) The Supreme Court's recent immigration law Administrative Procedure Act (APA) jurisprudence demonstrates the anti-democratic potential of this judicial review, which has not yet been explored in scholarly literature. Courts' application of the arbitrary and capricious standard potentially curtails the ability of new presidents to carry out policies... 2023
Anita Sinha Arbitrary Detention? The Immigration Detention Bed Quota 12 Duke Journal of Constitutional Law & Public Policy 77 (Spring, 2017) When President Obama took office in 2009, Congress through appropriations linked the U.S. Department of Homeland Security's (DHS) funding to maintaining 33,400 immigration detention beds a day. This provision, what this Article refers to as the bed quota, remains in effect, except now the mandate is 34,000 beds a day. Since 2009, DHS detentions... 2017
Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy Are Litigation Outcome Disparities Inevitable? Courts, Technology, and the Future of Impartiality 71 Alabama Law Review 893 (2020) Introduction. 895 I. Impartiality and Disparities in Legal Outcomes. 899 A. The Equilibrium. 899 B. Implicit Judicial Biases. 903 C. Structural Biases. 912 D. Attempts to Reduce Outcome Disparities. 919 E. Reducing Disparities Through Online Proceedings?. 924 II. Empirical Study of Legal Outcomes Online and Offline: Disparities and Potential... 2020
Michael Scaperlanda Are We That Far Gone?: Due Process and Secret Deportation Proceedings 7 Stanford Law and Policy Review 23 (Summer, 1996) The Oklahoma City and World Trade Center bombings, coupled with a resurgent anti-immigration sentiment, have led to renewed debate concerning the removal of undesirable aliens from the United States. The Comprehensive Terrorism Prevention Act of 1995 (Terrorism Bill), contains provisions for partially secret ex parte deportation hearings and... 1996
Mary Romero Are Your Papers in Order?: Racial Profiling, Vigilantes, and "America's Toughest Sheriff" 14 Harvard Latino Law Review 337 (Spring 2011) Recent anti-immigrant legislation proposed in Arizona suggests strong nativism sentiment demanding more draconian measures against non-citizens residing illegally in the United States, particularly towards immigrants of color. The use of military language in describing immigration raids conducted by homeland security, along with a growing number of... 2011
India D. Williams Arizona Senate Bill 1070: State Sanctioned Racial Profiling? 36 Journal of the Legal Profession 269 (Fall, 2011) On April 23, 2010, Arizona enacted Senate Bill 1070, which is designed to deter the entry and presence of aliens who lack lawful status under federal immigration law. The measure requires state and local law enforcement officials to undertake the detection of unauthorized aliens in their daily enforcement activities. The enactment of Arizona Senate... 2011
Alicia Lee, William Dong, Natanya DeWeese Arizona V. United States (11-182) 59-AUG Federal Lawyer 57 (August, 2012) In 2010, Arizona enacted the Support Our Law Enforcement and Safe Neighborhoods Act, which creates state immigration offenses and expands local police officers' immigration law enforcement authority. The United States sued Arizona in federal district court, arguing that the state law was pre-empted by federal law, and sought a preliminary... 2012
Patrick B. Reagin Arizona V. United States: Unstitching the Patchwork of Reactionary State-enacted Immigration Legislation Through Federal Preemption 58 Loyola Law Review 1035 (Winter 2012) In 2010, Arizona enacted the Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States. The act mandated unprecedented levels of action by state law enforcement agencies, created new state law... 2012
George A. Martínez Arizona, Immigration, and Latinos: the Epistemology of Whiteness, the Geography of Race, Interest Convergence, and the View from the Perspective of Critical Theory 44 Arizona State Law Journal 175 (Spring 2012) I. Introduction. 176 II. A Critical Perspective on Arizona and the New Immigration Law and Other Laws Impacting Latinos. 179 A. The Epistemology of Whiteness and the Creation of a White Geography or Space in Arizona. 180 B. The Outlawing of Ethnic Studies in Arizona and the Segregation of Knowledge as a Corollary to the Establishment of a White... 2012
Paige Newman Arizona's Anti-immigration Law and the Pervasiveness of Racial Profiling 31 Georgetown Immigration Law Journal 611 (Spring, 2017) Arizona's Senate Bill 1070 (S.B. 1070) was passed in 2010 as an anti-illegal immigration measure and subsequently became known as one of the broadest and strictest laws of its kind at the time it took effect. The law, entitled Support our Law Enforcement and Safe Neighborhoods Act, requires police to determine the immigrant status of someone... 2017
Jennifer R. Phillips Arizona's S.b. 1070 and Federal Preemption of State and Local Immigration Laws: a Case for a More Cooperative and Streamlined Approach to Judicial Review of Subnational Immigration Laws 85 Southern California Law Review 955 (March, 2012) 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-tost to me I lift my lamp beside the golden door. -- Poet Emma Lazarus, The New Colossus, inscribed beneath the Statue of Liberty [U]nless the stream of their importation could be turned . . . they... 2012
Carlos Hiraldo Arroz Frito with Salsa: Asian Latinos and the Future of the United States 15 Asian American Law Journal 47 (May, 2008) Just as media publications tend to demarcate national and international sections, as if one can be quarantined from the other, discussions of immigrant groups usually isolate the communities concerned. The United States popular media represents Asians and Latinos as separate entities inhabiting separate spheres, presuming no intersection between... 2008
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
Bill Ong Hing Asian Americans and Immigration Reform 17 Asian American Law Journal 83 (2010) The Asian American community has much to gain from progressive immigration reform. Asian Americans abroad make up the bulk of an immigrant entry list that commands a wait of almost two decades in some immigration categories. Many young men and women from Asian American communities face deportation even though they have grown up in the United... 2010
Harvey Gee Asian Americans and the Law: Sharing a Progressive Civil Rights Agenda During Uncertain Times 10 DePaul Journal for Social Justice Just. 1 (Summer, 2017) The November election of Donald J. Trump as the 45 U.S. President heightened ever-growing concerns about a retrenchment of civil rights for Americans, limiting voting rights, invoking tougher criminal penalties, keeping Guantanamo Bay prison open and returning to aggressive interrogation techniques, mass deportations and stricter immigration laws.... 2017
Vinay Harpalani ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS 102 Boston University Law Review 233 (February, 2022) Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... 2022
Kelsey Inouye Asian Americans: Identity and the Stance on Affirmative Action 23 Asian American Law Journal 145 (2016) Introduction. 145 I. The Asian American Identity: Historical and Social Contexts. 147 A. History of Asian Immigration to America. 147 B. History of Asian American Social Movements. 149 II. Meaning(s) of Affirmative Action. 150 III. The Supreme Court Cases and the Changing Meaning of Affirmative Action. 152 A. Affirmative Action Jurisprudence. 153... 2016
Victor C. Romero Asians, Gay Marriage, and Immigration: Family Unification at a Crossroads 15 Indiana International & Comparative Law Review 337 (2005) Family unification has long been a significant component of U.S. immigration policy, and the Asian Pacific American (APA) community has long been a champion of laws that strengthen America's commitment to this goal. The recent emergence of same-gender marriages among state and local governments has caused society to consider more closely its... 2005
Natsu Taylor Saito Asserting Plenary Power over the "Other": Indians, Immigrants, Colonial Subjects, and Why U.s. Jurisprudence Needs to Incorporate International Law 20 Yale Law and Policy Review 427 (2002) I. Human Rights and the Contradictions Within U.S. Law. 427 II. Origins of the Plenary Power Doctrine: The 19th Century Cases. 433 A. Immigrants. 434 B. Indian Nations. 437 C. External Colonies. 443 III. Plenary Power Today: The Doctrine and the Destruction. 447 A. Immigrants. 447 B. Indian Nations. 451 C. External Colonies. 455 IV. The Inadequacy... 2002
Megan K. Bradley Assessing the "Proper Judicial Role" in Reviewing Immigrant Detention 27 Journal of Transnational Law & Policy 137 (2017-2018) I. Introduction. 138 II. Justice Kennedy's view on the Proper Role of the Court in Immigrant Detention. 141 A. A Robust Plenary Power in Immigration. 142 B. Limiting the Plenary Power Doctrine. 144 C. Institutional Shortcomings that Prevent the Judiciary from Answering Immigration Questions. 148 D. Rebutting the Institutional Shortcomings Argument.... 2018
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