Melissa H. Weresh RETHINKING RHETORIC IN THE ASYLUM CONTEXT: LESSONS FROM #METOO 30 UCLA Journal of Gender & Law 65 (Summer, 2023) Women face greater difficulties than men in establishing asylum in the United States. This is due in part to the fact that the Refugee Act situates asylum primarily in forms of persecution associated with the male experience. Women who seek asylum in the United States because they flee gender-based violence must establish that their persecution... 2023
Cybelle Fox RETHINKING SANCTUARY: THE ORIGINS OF NON-COOPERATION POLICIES IN SOCIAL WELFARE AGENCIES 48 Law and Social Inquiry 175 (February, 2023) Too often, scholarship on immigration conflates sanctuary ordinances with the noncooperation policies, often embedded in these ordinances, which limit cooperation between local officials and federal immigration authorities. In this article, I disentangle the two by tracing the rise of non-cooperation policies in health and welfare agencies since... 2023
Joyce A. Hughes , Alexander L. Alum Rethinking the Cuban Adjustment Act and the U.s. National Interest 23 Saint Thomas Law Review 187 (Spring 2011) I. Introduction. 188 II. Fidel Castro's Rise to Power and Cuba's Tension with the United States. 189 III. The Passage of, and Justification for the Cuban Adjustment Act. 194 A. Cuban Immigration Prior to the Passage of the CAA: 1959-1966. 194 B. The Cuban Adjustment Act of 1966. 195 1. Easing the Administrative Burden. 196 2. Integrating Cuban... 2011
Diana R. Podgorny Rethinking the Increased Focus on Penal Measures in Immigration Law as Reflected in the Expansion of the "Aggravated Felony" Concept 99 Journal of Criminal Law and Criminology 287 (Winter 2009) This Comment discusses how the Immigration Acts of 1996 have focused on poor predictors of character and how they have created inconsistency in immigration law, increased litigation, and heightened incentives for illegality and dishonesty. First, the Comment discusses the current state of the criminal provisions present in immigration law. Then, it... 2009
Matthew S. Mulqueen Rethinking the Role of the Exclusionary Rule in Removal Proceedings 82 Saint John's Law Review 1157 (Summer 2008) On December 12, 2006, the Department of Homeland Security's Immigration and Customs Enforcement (DHS ICE) swept up over 12,000 meatpacking workers in the largest immigration raid in the Nation's history. While Secretary of Homeland Security Michael Chertoff praised the raids as part of the Nation's comprehensive plan to combat illegal immigration... 2008
Jennifer Gordon , R.A. Lenhardt Rethinking Work and Citizenship 55 UCLA Law Review 1161 (June, 2008) This Article advances a new approach to understanding the relationship between work and citizenship that comes out of research on African American and Latino immigrant low-wage workers. Media accounts typically portray African Americans and Latino immigrants as engaged in a pitched battle for jobs. Conventional wisdom suggests that the source of... 2008
Deborah M. Ahrens Retroactive Legality: Marijuana Convictions and Restorative Justice in an Era of Criminal Justice Reform 110 Journal of Criminal Law and Criminology 379 (Summer, 2020) The last decade has seen the beginning of a new era in United States criminal justice policy, one characterized by a waning commitment to over-criminalization, mass incarceration, and a punitive War on Drugs as well as a growing regret for the consequences of our prior policies. One of the central questions raised by this shifting paradigm is what... 2020
Megan McCauley Reversing the Ice Age: Immigration Reform in California 49 University of the Pacific Law Review 481 (2018) Code Sections Affected Government Code §§ 7284-7284.10 (new); Health and Safety Code § 11369 (repealed); Penal Code § 3058.10 (new). SB 54 (De León). C1-2Table of Contents I. Introduction. 482 II. Legal Background. 484 A. Federal Legislation: A Collaborative Approach. 485 1. Unrestricted Information Sharing Between State and Local Law Enforcement... 2018
Jessica Conaway Reversion Back to a State of Nature in the United States Southern Borderlands: a Look at Potential Causes of Action to Curb Vigilante Activity on the United States/mexico Border 56 Mercer Law Review 1419 (Summer 2005) Since the late 1980s and early 1990s, groups of concerned citizens have banded together to pick up where the federal government failed and to combat illegal immigration at its source: the unguarded borders. Armed with the concepts of citizen's arrest and property rights, vigilante ranchers in California, Arizona, New Mexico, and Texas began... 2005
Carlota Gonzalez Gallego REVIEW OF THE LEGAL FRAMEWORK FOR REFUGEES AND PROPOSALS FOR THE EFFECTIVE PROTECTION OF HUMAN RIGHTS IN THE CONTEXT OF THE CLIMATE EMERGENCY 29 ILSA Journal of International and Comparative Law 411 (Summer, 2023) I. Introduction. 412 II. The Impact of Climate Change on Refugee Law: Differences Between the European Union and International Law. 414 A. Climate change: the main cause of environmental migration. 414 B. New York Declaration for Refugees and Migrants. 420 C. The European Union and the refugees. 423 D. Mexico's Refugee System. 425 III. Comparative... 2023
Bailey McNamara REVISITING "REFUGEE" IN A CHANGING CLIMATE: HOW MIGRANTS IMPACTED BY CLIMATE CHANGE AND THE TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTE FIT INTO EXISTING REFUGEE POLICY 54 Seton Hall Law Review 571 (2023) More than 10 percent of the world's population may lack secure, legal residence by the year 2050. Projections of mass migration accompany increasingly dire predictions of climate change impacts. Rising global temperatures, elevating ocean levels, and intensifying droughts are projected to displace more than one billion people in the next thirty... 2023
Robert F. Ley Reviving Housing Rights of the Undocumented Through Disparate Impact and the Fourteenth Amendment: the Problem with the Fha, § 1981, & Preemption 23 Berkeley La Raza Law Journal 35 (2013) Anti-immigrant housing ordinances have become a tool for state authorities in their efforts to curb local effects of a defunct federal immigration scheme. Federal frustration and resentment has culminated in state resistance through ordinances inquiring into citizenship status as a condition for renting or leasing property. The legality of these... 2013
Ediberto Román , Ernesto Sagás RHETORIC AND THE CREATION OF HYSTERIA 107 Cornell Law Review Online 188 (December, 2022) When you have fifteen thousand people marching up . how do you stop these people? You shoot them [crowd member shouts] [chuckling, Trump responds:] [O]nly in the panhandle can you get away with that thing. U.S. President Donald Trump When Mexico sends its people, they're not sending their best. They're not sending you. They're not sending... 2022
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
  RIGHT TO A JURY TRIAL 51 Georgetown Law Journal Annual Review of Criminal Procedure 656 (2022) Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... 2022
  RIGHT TO A JURY TRIAL 50 Georgetown Law Journal Annual Review of Criminal Procedure 651 (2021) Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... 2021
  Right to a Jury Trial 49 Georgetown Law Journal Annual Review of Criminal Procedure 643 (2020) Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... 2020
Catherine Y. Kim RIGHTS RETRENCHMENT IN IMMIGRATION LAW 55 U.C. Davis Law Review 1283 (February, 2022) This Article analyzes changes in the constitutional status of noncitizens in immigration law over the past generation. It shows that notwithstanding the optimistic predictions of scholars, over the last quarter century, with few exceptions, the Supreme Court has been unwilling to impose a constitutional check on the political branches' immigration... 2022
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
Christine Sgarlata Chung Rising Tides and Rearranging Deckchairs: How Climate Change Is Reshaping Infrastructure Finance and Threatening to Sink Municipal Budgets 32 Georgetown Environmental Law Review 165 (Winter, 2020) The United States relies upon state and local governments to build, operate, maintain, and pay for most non-defense-related public infrastructure. State and local governments, in turn, rely upon the municipal bond market to raise capital for infrastructure projects. Climate change threatens to upend this system. As extreme storms and other climate... 2020
Richard Frankel RISK ASSESSMENT AND IMMIGRATION COURT 80 Washington and Lee Law Review 1 (Winter, 2023) Risk assessment and algorithmic tools have become increasingly popular in recent years, particularly with respect to detention and incarceration decisions. The emergence of big data and the increased sophistication of algorithmic design hold the promise of more accurately predicting whether an individual is dangerous or a flight risk, overcoming... 2023
Yara M. Wahba RISK ASSESSMENTS ARE THE DIAGNOSIS NOT THE CURE: HOW USING ALGORITHMS AS DIAGNOSTIC TOOLS CAN PREVENT THE BAIT-AND-SWITCH OF UNCONSTITUTIONAL PRETRIAL PRACTICES 24 Chapman Law Review 575 (Winter, 2021) In our society, liberty is the norm and detention prior to trial or without trial is the carefully limited exception. While the Supreme Court has emphasized the exceptional nature of infringements on any individual's liberty, the reality of our criminal justice system contradicts this sentiment. Marginalized people, whether because of race or... 2021
Michael Haggerty , Gregory P. Downs ROGER TANEY: INTERSECTIONAL RACIST IN AN AGE OF RACIST DIFFERENTIATION 24 University of Pennsylvania Journal of Constitutional Law 729 (June, 2022) In his article Dred Scott and Asian Americans, Gabriel J. Chin creatively and persuasively reads the well-known, much-reviled opinion by Chief Justice Roger Taney in Dred Scott v. Sandford through Taney's little-known opinion in United States v. Dow to argue that Dred Scott should be regarded as pertinent to all people of color, not only African... 2022
Angélica Cházaro Rolling Back the Tide: Challenging the Criminalization of Immigrants in Washington State 11 Seattle Journal for Social Justice 127 (Summer, 2012) For the past five years, I have worked as an attorney with the Northwest Immigrant Rights Project (NWIRP), a Washington State-based nonprofit that provides legal representation to low-income immigrants and refugees. NWIRP staff members help people both obtain and defend immigration status. As a NWIRP attorney, part of my job has been to represent... 2012
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
Emily Prifogle RURAL SOCIAL SAFETY NETS FOR MIGRANT FARMWORKERS IN MICHIGAN, 1942-1971 46 Law and Social Inquiry 1022 (November, 2021) In the 1960s, farmers pressed trespass charges against aid workers providing assistance to agricultural laborers living on the farmers' private property. Some of the first court decisions to address these types of trespass, such as the well-known and frequently taught State v. Shack (1971), limited the property rights of farmers and enabled aid... 2021
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
Margaret D. Stock S.b. 1070: the Unconstitutional and Inefficient Law That May Just Fix Immigration 23 Regent University Law Review 363 (2010-2011) The immigration issue is as old as America itself. One of the Founders' primary complaints against King George was that he restricted immigration. This complaint carried such weight that it was one of the grievances listed in the Declaration of Independence. Because of the Founders' apparent open-border mentality, the Constitution only mentions two... 2011
Ana Getiashvili Safe Localities Through Cooperation: Why the Secure Communities Program Violates the Constitution 40 Hofstra Law Review 1063 (Summer 2012) An undocumented immigrant and a single mother, Tatiana arrived in the United States almost eleven years ago. Since then, she has been working very hard to support her three minor children, all of whom are U.S. citizens. She is a maid and a nanny working for minimum wage, as she does not have valid employment documents. Even though her income is... 2012
Jason A. Cade Sanctuaries as Equitable Delegation in an Era of Mass Immigration Enforcement 113 Northwestern University Law Review 433 (2018) Abstract--Opponents of--and sometimes advocates for--sanctuary policies describe them as obstructions to the operation of federal immigration law. This premise is flawed. On the better view, the sanctuary movement comports with, rather than fights against, dominant new themes in federal immigration law. A key theme--emerging both in judicial... 2018
Katlyn Brady Sanctuary Cities and the Demise of the Secure Communities Program 23 Texas Hispanic Journal of Law and Policy 21 (Spring, 2017) So-called sanctuary cities became a flashpoint in the immigration debate after Juan Francisco Lopez-Sanchez, an undocumented immigrant, murdered Kathryn Steinle. Lopez-Sanchez was deported five times prior to shooting Steinle. San Francisco arrested Lopez-Sanchez four months prior to the shooting, but the city did not notify Immigration and... 2017
Hailey Cleek Sanctuary Clinics: Using the Patient-physician Relationship to Discuss Immigration Policy as a Public Health Concern 53 Wake Forest Law Review 979 (Winter 2018) [W]e didn't know how they had ended up that way on that side we didn't know how we had ended up here we didn't know but we understood why they walk the opposite direction to buy food on this side this side we all know is hunger -Javier Zamora Tensions between the federal government and local sanctuary cities have risen throughout the Trump... 2018
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
Cara Cunningham Warren Sanctuary Lost? Exposing the Reality of the "Sanctuary-city" Debate & Liberal States-rights' Litigation 63 Wayne Law Review 155 (Winter, 2018) Abstract. 156 I. Introduction. 156 II. Sharpening Our Focus: The Rhetoric & the Reality of the Sanctuary Debate. 163 A. Contemporary Discourse. 164 1. Powerful Conservative Narratives. 166 2. The Need for a Public Integrationist Narrative. 169 B. Correcting Basic Misperceptions. 171 1. There Are Two Sovereigns. 172 a. Immigration Federalism.... 2018
Pratheepan Gulasekaram , Rose Cuison Villazor Sanctuary Policies & Immigration Federalism: a Dialectic Analysis 55 Wayne Law Review 1683 (Winter, 2009) Introduction. 1683 I. The San Francisco Sanctuary Ordinance. 1687 II. San Francisco's Ordinance, 8 U.S.C. § 1373, and Preemption Analysis. 1691 A. Political Showdown. 1692 B. Preemption Analysis: Doctrinal Framework. 1697 III. Sub-Federal Immigration Regulation and Preemption Doctrine. 1707 A. Local Matters Versus Local Immigration Regulation. 1707... 2009
Azadeh Shahshahani, Amy Pont Sanctuary Policies: Local Resistance in the Face of State Anti-sanctuary Legislation 21 CUNY Law Review 225 (Fall, 2018) This article examines the potential for impactful sanctuary policies in Alabama, Georgia, and South Carolina in light of anti-sanctuary and anti-immigrant state laws implemented in the past decade and in the wake of the 2016 presidential election. The article first reviews changes to immigration law which both increased the number of noncitizens... 2018
David Hòa Khoa Nguyen Sanctuary Schools in the P-20 Pipeline: Policies to Consider 368 West's Education Law Reporter 583 (October 3, 2019) President Trump's immigration policies have sparked contentious political, societal, and litigious debates surrounding undocumented immigration and specifically education for undocumented students. In response, many municipalities and college campuses have declared themselves as sanctuaries-adopting policies to refuse to collaborate and cooperate... 2019
Jennifer M. Hansen Sanctuary's Demise: the Unintended Effects of State and Local Enforcement of Immigration Law 10 Scholar: St. Mary's Law Review on Minority Issues 289 (Symposium 2008) I. Introduction. 290 A. Criminal vs. Civil Enforcement. 292 B. Authority. 293 C. Currently Proposed Legislation. 296 D. Effect of Proposed Legislation. 297 II. Legal Background. 298 A. Precedent. 300 B. The Department of Justice Memos. 301 C. Statutes (the 1996 Laws). 302 1. Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 302... 2008
Emily B. Kanstroom Sans-papiers, sans Recourse? Challenging Recent Immigration Laws in France 33 Boston College International and Comparative Law Review 87 (Winter, 2010) Abstract: The 1789 Declaration of the Rights of Man and of the Citizen established natural and inalienable rights not only for French citizens but also for all of humanity. This historic commitment to fundamental rights and liberties notwithstanding, immigrants without legal documents living in France (sans-papiers) often do not benefit from some... 2010
Naomi Murakawa SAY THEIR NAMES, SUPPORT THEIR KILLERS: POLICE REFORM AFTER THE 2020 BLACK LIVES MATTER UPRISINGS 69 UCLA Law Review 1430 (September, 2023) Since the unprecedented Summer 2020 uprisings against policing and racism, many elites have embraced an anti-woke politics that openly celebrates law-and-order authoritarianism, heteropatriarchy, and white nationalism. This Article attends to a different but reinforcing response to the George Floyd uprisings: repression through a politics of... 2023
Susan M. Akram Scheherezade Meets Kafka: Two Dozen Sordid Tales of Ideological Exclusion 14 Georgetown Immigration Law Journal 51 (Fall, 1999) The plea that evidence of guilt must be secret is abhorrent to free men, because it provides a cloak for the malevolent, the misinformed, the meddlesome, and the corrupt to play the role of informer undetected and uncorrected. More than two dozen immigrants in the United States are facing deportation or removal proceedings based primarily on... 1999
  SCOTUS ON IMMIGRATION: A REVIEW OF RECENT DECISIONS & WHAT'S TO COME 29 Cardozo Journal of Equal Rights & Social Justice 535 (Winter, 2023) MS. HEIDI SANDOMIR: [G]ood evening, everyone. Thank you so much for coming. My name is Heidi Sandomir, and I'm the Editor-in-Chief of the Cardozo Journal of Equal Rights and Social Justice at the Benjamin N. Cardozo School of Law. It is my pleasure to welcome you all to our fall symposium, SCOTUS on Immigration: A Review of Recent Decisions and... 2023
Travis Brandon Sea Level Rise Planning for Socially Vulnerable Communities: a More Equitable Approach to Federal Buyout Programs 97 University of Detroit Mercy Law Review 435 (Spring, 2020) While sea level rise will have devastating impacts up and down the coasts, that impact will be felt most strongly by socially vulnerable individuals and communities who lack the resources necessary to cope with and adapt to changing climate conditions. One study estimates that over the next thirty years, roughly 175 communities nationwide will see... 2020
Ingrid Eagly SECOND CHANCES IN CRIMINAL AND IMMIGRATION LAW 98 Indiana Law Journal 977 (Spring, 2023) This Essay publishes the remarks given by Professor Ingrid Eagly at the 2022 Fuchs Lecture at Indiana University Maurer School of Law. The Fuchs Lecture was established in honor of Ralph Follen Fuchs in 2001. Professor Fuchs, who served on the Indiana University law faculty from 1946 until his retirement in 1970, was awarded the title of university... 2023
Irene Scharf Second Class Citizenship? The Plight of Naturalized Special Immigrant Juveniles 40 Cardozo Law Review 579 (December, 2018) C1-2Table of Contents I. What is United States Citizenship?. 579 A. The Problem. 586 II. Naturalized U.S. Citizenship in Historical Perspective. 589 A. The Constitution and Naturalization. 593 B. Mounting Opposition to Immigration. 597 III. The Impact of Discrimination on Citizenship. 605 A. Discrimination Against Blacks and other Racial... 2018
Sara Catherine Barnhart Second Class Delivery: the Elimination of Birthright Citizenship as a Repeal of "The Pursuit of Happiness" 42 Georgia Law Review 525 (Winter, 2008) Immigrants are dirty and lazy . . . . They will never be Americans like us. Historically, anti-immigration backlashes have followed large waves of immigration to the United States. Nativism was evident in America as early as the days of Benjamin Franklin even though, aside from the Native Americans, few Americans were truly native.... 2008
Claire A. Smearman Second Wives' Club: Mapping the Impact of Polygamy in U.s. Immigration Law 27 Berkeley Journal of International Law 382 (2009) Polygamy played a role in the development of United States immigration law from its very inception. Concerns about the polygamous marriage practices of Chinese immigrants flooding into California in the mid-nineteenth century fueled the passage of early anti-immigrant statutes, with predictions that the immoral Chinese, with their tradition of... 2009
Nina Rabin SECOND-WAVE DREAMERS 42 Yale Law and Policy Review 107 (Fall, 2023) This Article compares and contrasts two waves of child migrants that have shaped the U.S. immigration policy agenda and debate over the past twenty years, in order to draw lessons about how public schools and policymakers can best serve today's immigrant students. The first wave of undocumented children, who arrived in the two decades after 1986... 2023
William L. Pham Section 633 of Iirira: Immunizing Discrimination in Immigrant Visa Processing 45 UCLA Law Review 1461 (June, 1998) Introduction. 1462 I. The Immigrant Visa Process. 1464 II. Section 633 Is Misguided. 1467 A. Immigration Law Prior to 1965. 1468 B. Section 633 Betrays the Legislative Intent of the 1965 Act. 1472 III. Section 633 and the Lavas Case. 1473 A. Background on LAVAS. 1474 1. Visa Processing from 1975 to 1993. 1474 2. The 1993 U.S. Policy Change. 1477 B.... 1998
Amelia Fischer Secure Communities, Racial Profiling, & Suppression Law in Removal Proceedings 19 Texas Hispanic Journal of Law and Policy 63 (Spring 2013) I. Introduction. 64 II. Secure Communities: Overview of the Program and the Racial Profiling It Allows. 66 III. Fighting for Suppression in Removal Proceedings. 69 A. The Fourth Amendment's Exclusionary Rule in its Full Form. 70 B. An Overview of the Application of the Exclusionary Rule in Immigration Proceedings. 75 C. Barriers to Prevailing on a... 2013
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