AuthorTitleCitationSummaryYear
Denise Gilman Realizing Liberty: the Use of International Human Rights Law to Realign Immigration Detention in the United States 36 Fordham International Law Journal 243 (February, 2013) INTRODUCTION. 244 I. THE CURRENT STATE OF IMMIGRATION DETENTION. 252 II. INTERNATIONAL HUMAN RIGHTS STANDARDS. 261 A. Development of the International Human Rights Standards. 261 B. Content of the International Human Rights Standards. 265 1. Rights that Form the Basis of the International Human Rights Standards. 266 2. General Principles of the... 2013
Julian Lim Reconceptualizing Asian Pacific American Identity at the Margins 3 UC Irvine Law Review 1151 (December, 2013) Introduction. 1151 I. Asian Pacific American Identity Formation. 1152 A. Birth of the Asian American Movement. 1152 B. Asian American Jurisprudence. 1154 II. Reconceptualizing Asian Pacific American Identity Through Transnational Immigration History and Law. 1156 A. Transnational Perspectives. 1157 B. Asians in the Americas--Regulating Race and... 2013
Barbara Buckinx, Alexandra Filindra Removal and Harm Avoidance in U.s. Immigration Practice 22-SUM Kansas Journal of Law & Public Policy 379 (Summer, 2013) In recent years, Immigration and Customs Enforcement (ICE) has removed approximately 400,000 individuals per fiscal year. This is a sharp increase from 2001, when approximately half that number were removed annually. The removal of noncitizens is thus an integral and increasingly important part of the immigration policy of the United States. The... 2013
Christopher N. Lasch Rendition Resistance 92 North Carolina Law Review 149 (December, 2013) With the number of immigrant deportations setting new records, attention has focused largely on states like Arizona and Alabama, which seem to be competing to pass the harshest anti-immigrant state law provisions. Yet laws like those at issue in Arizona v. United States, seeking to augment or supplement federal immigration enforcement efforts,... 2013
Melissa Keaney, Alvaro M. Huerta Restrictionist States Rebuked: How Arizona V. United States Reins in States on Immigration 3 Wake Forest Journal of Law and Policy 249 (June, 2013) The Supreme Court of the United States' highly anticipated ruling in Arizona v. United States reaffirmed the states' limited ability to take immigration matters into their own hands. The case came to the Court after civil rights groups and the federal government challenged the State of Arizona's omnibus legislation, passed in 2010, which intended... 2013
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
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
Jennifer Coleman Shaping Farmers Branch: How the Courts Have Leveled the Playing Field 27 Georgetown Immigration Law Journal 829 (Summer, 2013) C1-3Table of Contents I. Introduction. 830 II. The Ordinances--an Introduction. 833 A. The National Immigration Landscape. 834 B. Immigration in Farmers Branch. 837 C. Nationally--The Legal Framework. 841 D. The Fifth Circuit and Farmers Branch. 846 E. The Supreme Court and Farmers Branch. 849 1. Supremacy Clause Claims. 849 2. Due Process Claims.... 2013
Priyang Baxi, Ami Gandhi South Asian American Civic Engagement: Opportunity for Impact 6 DePaul Journal for Social Justice 153 (Spring 2013) As one of the most rapidly growing racial groups in Illinois and the country, South Asian Americans are increasingly interested in having a voice - from voting on Hindi ballots for the first time in the 2012 elections to speaking out on hate crimes, immigration, health care, economic conditions, and other issues that affect their daily lives. South... 2013
  State and Local Regulation of Unauthorized Immigrant Employment 126 Harvard Law Review 1608 (April, 2013) Employment is at the heart of the controversy surrounding illegal immigration. Employment is both the cause of the vast majority of illegal immigration--magnet is the inevitable metaphor --and, in the view of those who contend that unauthorized immigrant workers take jobs from and drive down the wages of authorized workers, the harm. For the past... 2013
Reviewed By Michael Scaperlanda Stirring the Melting Pot: a Recipe for Immigrant Acceptance the Immigration Crucible: Transforming Race, Nation, and the Limits of the Law. By Philip Kretsedemas. New York, New York: Columbia University Press, 2012. 232 Pages. $28.00 91 Texas Law Review 1171 (April, 2013) The interstate highway made distant what had been close, and close what had been distant. In The Immigration Crucible, Philip Kretsedemas hopes to break the habit of developing arguments that are simply reactions to the other side and desires to map a political, cultural, and economic terrain that . . . provides some new insights into why so... 2013
Jan C. Ting The Basic Immigration Choice: Limit or No Limit 22-SUM Kansas Journal of Law & Public Policy 405 (Summer, 2013) The long-standing dissatisfaction with the U.S. immigration system continues with repeated descriptions of that system as broken, but with no agreement on how or why it is broken or how to fix it. President Obama has promised to make immigration reform a priority of his second term, but the sharp political divisions and competing interests over... 2013
Benjamin D. Galloway The Beginning of the End: United States V. Alabama and the Doctrine of Self-deportation 64 Mercer Law Review 1093 (Summer 2013) Remember, remember always that all of us, and you and I especially, are descended from immigrants and revolutionists. -- Franklin D. Roosevelt In United States v. Alabama, a three-judge panel of the United States Court of Appeals for the Eleventh Circuit struck down several sections of Alabama's Hammon-Beason Alabama Taxpayer and Citizen... 2013
Mary Fan The Case for Crimmigration Reform 92 North Carolina Law Review 75 (December, 2013) The nation is mired in immigration reform debates again. Leaders vow that this time will be different. The two groups most targeted by immigration control law over the last century, Hispanics and Asians, have increased in numbers and in political power. Conservative leaders are realizing that hostile policies toward people perceived as foreign are... 2013
Rachel E. Rosenbloom The Citizenship Line: Rethinking Immigration Exceptionalism 54 Boston College Law Review 1965 (November, 2013) Abstract: It is not possible to police the movement of aliens without first determining who is and is not a citizen. Yet little scholarly attention has been devoted to the nature of citizenship determinations or their implication for our understanding of immigration enforcement as a whole. Thousands of U.S. citizens are caught up in immigration... 2013
Lucas Guttentag The Forgotten Equality Norm in Immigration Preemption: Discrimination, Harassment, and the Civil Rights Act of 1870 8 Duke Journal of Constitutional Law & Public Policy Pol'y 1 (2013) This Article explores the importance of the Civil Rights Act of 1870 to the current debate over immigration federalism and the preemption of state and local immigration laws under the Supremacy Clause. The 1870 Act, enacted by the Reconstruction Congress after the Civil War, prohibits discrimination on the basis of alienage. The Article shows... 2013
Anjana Malhotra The Immigrant and Miranda 66 SMU Law Review 277 (Winter 2013) The recent dramatic convergence of immigration and criminal law is transforming the immigration and criminal justice system. While scholars have begun to examine some of the structural implications of this convergence, this Article breaks new ground by examining judicial responses and specifically the lens of Miranda v. Arizona. This Article... 2013
Eric A. Posner The Institutional Structure of Immigration Law 80 University of Chicago Law Review 289 (Winter, 2013) In a series of papers, Professor Adam Cox and I argue that immigration scholars should give more attention to the institutional structure of immigration law, using models and principles drawn from economic theory. Most existing scholarship takes different approaches. A large doctrinal literature attempts to work out the legal implications of the... 2013
Gabriel J. Chin , Cindy Hwang Chiang , Shirley S. Park The Lost Brown V. Board of Education of Immigration Law 91 North Carolina Law Review 1657 (June, 2013) This Article proposes that in 1957, the Supreme Court came close to applying Brown v. Board of Education to immigration law. In Brown, the Supreme Court held that school segregation was unconstitutional. Ultimately, Brown came to be understood as prohibiting almost all racial classifications. Meanwhile, in a line of cases exemplified by Chae Chan... 2013
Stella Burch Elias The New Immigration Federalism 74 Ohio State Law Journal 703 (2013) The Supreme Court's recent rulings in Arizona v. United States (2012) and Chamber of Commerce v. Whiting (2011) mark a watershed in immigration law and doctrine. Because the Supreme Court held that state and local indirect enforcement measures are no longer permissible, some scholars have argued that this signals the end of state and local... 2013
Jason A. Cade The Plea-bargain Crisis for Noncitizens in Misdemeanor Court 34 Cardozo Law Review 1751 (June, 2013) This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and... 2013
Rick Su The Promise and Peril of Cities and Immigration Policy 7 Harvard Law & Policy Review 299 (Summer 2013) In recent years, progressives have begun to embrace cities as meaningful sites of reform. From gay rights to environmental protection, a host of progressive movements now look to urban policymaking as an important part of their political playbook. Even as this enthusiasm for the city grows, however, there remains one policy arena in which local... 2013
Patrick W. Thomas The Recurring Native Response to Global Labor Migration 20 Indiana Journal of Global Legal Studies 1393 (2013) For the past few decades, and increasingly in the past few years, U.S. state governments have supplemented federal immigration law with state laws overtly designed to combat the perceived ills stemming from undocumented immigration to the United States. Proponents of these laws justify them on the basis of a normative negativity associated with... 2013
Erica L. Sharp The Resolution of the "Show Me Your Papers" Circuit Split: Constitutionality and Consequences of Enforcing State and Local Immigration Laws 19 Widener Law Review 465 (2013) In January 2010 the Department of Homeland Security (DHS) estimated that 10.8 million unauthorized immigrants were living in the United States. The population of illegal immigrants in the United States increased by twenty-seven percent between 2000 and 2010. Although immigration is traditionally a federally regulated area, state and local... 2013
Jonathan Simon The Return of the Medical Model: Disease and the Meaning of Imprisonment from John Howard to Brown V. Plata 48 Harvard Civil Rights-Civil Liberties Law Review 217 (Winter 2013) Forty years after the medical model--as the rehabilitative-oriented penology that dominated American correctional systems from World War II until the 1970s was widely known--began to be abandoned, Brown v. Plata suggests the imminent return of medicine and the problem of disease to our public imagination of the prison and our constitutional... 2013
  The Role of the Exclusionary Rule in Removal Hearings 126 Harvard Law Review 1633 (April, 2013) In July 2011, a New York City immigration court judge entered a notable order: she suppressed evidence that an alien had entered the United States illegally. A review of the circumstances precipitating the alien's arrest, however, would make the grant of a suppression remedy seem unexceptional to any attorney versed in Fourth Amendment doctrine. In... 2013
Melissa Hogan The Shadow Spreads: Impact of S.b. 1070 and Trends in Modern Immigration Law 14 Rutgers Journal of Law & Religion 551 (Spring, 2013) When Adolf Hitler came to power in Germany in 1933, the world had no idea of the horrific acts that were about to take place. From our vantage point, safe in the United States, we saw the deprivation of rights of the Jews in Nazi Germany start off small. We saw horrific persecution begin with a front of blaming Jews for Germany's societal ills. We... 2013
Rick Su The States of Immigration 54 William and Mary Law Review 1339 (March, 2013) Immigration is a national issue and a federal responsibility. So why are states so actively involved? Their legal authority over immigration is questionable. Their institutional capacity to regulate it is limited. Even the legal actions that states take sometimes seem pointless from a regulatory perspective. Why do they enact legislation that... 2013
Rose Cuison Villazor The Undocumented Closet 92 North Carolina Law Review Rev. 1 (December, 2013) The phrase coming out of the closet traditionally refers to moments when lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals decide to reveal their sexual orientation or gender identity to their families, friends, and communities. In the last few years, many immigrants, particularly those who were brought to the United States... 2013
Kristi Lundstrom The Unintended Effects of the Three- and Ten-year Unlawful Presence Bars 76 Law and Contemporary Problems 389 (2013) In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), focusing immigration law and policy on greater enforcement and centering the enforcement system around departures, in an attempt to deter immigrants from overstaying their visas. One major enforcement tool instituted by IIRIRA was the creation of... 2013
Scott C. Hodges Twenty-hour Detention Based on Reasonable Suspicion Is Not a "Minimal Intrusion": a Case for Amending Arizona's Sb 1070 7 Phoenix Law Review 411 (Winter 2013) I. Introduction. 412 II. Background. 415 A. Fiscal Challenges Caused by Unlawfully Present Aliens. 416 B. Congress Gridlocked in Addressing Immigration Issues. 418 C. States Taking Matters Into Their Own Hands. 419 D. SB 1070's Place in the Immigration Debate. 420 E. Section 2(B) of SB 1070. 422 III. A Better Solution. 424 A. Reasonable Suspicion.... 2013
René K. Cousins What about Diversity? Historical Reappearance Proves to Be Stifling the Progress of a Diverse "Nation of Immigrants" 7 Southern Region Black Law Students Association Law Journal 15 (Spring 2013) American history is rampant with exclusionary acts and promulgations. This note acknowledges the recurring aversion toward immigration, particularly illegal immigration in the United States. From its earliest days of development, America was a nation of immigrants. Some of the first settlers on American soil sought economic opportunity, relief from... 2013
Melinda R. Lewis A "Right Without a Remedy": an Analysis of the Sovereign Immunity Issues Implicated by State Power (Or the Lack Thereof) over Immigration Following Arizona V. United States 26 Georgetown Immigration Law Journal 629 (Spring, 2012) In June 2012, the Supreme Court allowed Arizona's controversial law requiring mandatory immigration status checks to go into effect. In a 5-3 decision, the Court held that it was improper to enjoin the mandatory immigration status check before the state courts had an opportunity to interpret it and without some showing that it in fact conflicts... 2012
Kevin R. Johnson A Case Study of Color-blindness: the Racially Disparate Impacts of Arizona's S.b. 1070 and the Failure of Comprehensive Immigration Reform 2 UC Irvine Law Review 313 (February, 2012) Introduction. 314 I. The Tumultuous Immigration Debate of the Twenty-First Century. 317 A. Meltdown in the Desert: Arizona's S.B. 1070. 320 1. S.B. 1070: One State's Effort to Bolster Immigration Enforcement. 326 2. One Color-Blind Defense: S.B. 1070 Bans Racial Profiling. 331 3. Another Color-Blind Defense: S.B. 1070 Simply Mirrors Federal Law.... 2012
Richard T. Middleton, IV, Ph.D., JD , Sheridan Wigginton, Ph.D. A Comparative Analysis of How the Framing of the Jus Soli Doctrine Affects Immigrant Inclusion into a National Identity 21 Temple Political & Civil Rights Law Review 521 (Spring 2012) This paper builds upon a previous study that analyzed how the doctrine of jus soli affects racial and ethnic immigrant minority inclusion into citizenship and a national identity. In the aforementioned study, particular focus was given to how the principle of jus soli embedded in the U.S. Constitution has been judicially interpreted in a manner... 2012
Stephanie Kang A Rose by Any Other Name: the Chilling Effect of Ice's "Secure" Communities Program 9 Hastings Race and Poverty Law Journal 83 (Winter 2012) Since the September 11, 2001, attack on United States soil, both the federal government and its citizens have felt a renewed urgency to police United States borders and push undocumented immigrants out of the country in the name of national security. For example, a recent study conducted in February 2011 found that 35% of survey respondents say... 2012
Eleanor Marie Lawrence Brown A Visa to "Snitch": an Addendum to Cox and Posner 87 Notre Dame Law Review 973 (February, 2012) Cox and Posner's landmark contribution is the first article to have highlighted the challenges of information asymmetry in immigration screening. While Cox and Posner have undoubtedly made a significant contribution, there is a critical oversight in their framework: they do not discuss the importance of targeted ex post mechanisms of screening... 2012
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
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
David T. Ritchie Assessing the Moral Status of State Immigration Actions 5 John Marshall Law Journal 549 (Spring 2012) A growing number of states in the United States, including Georgia, have stepped into the area of immigration policy. While various rationales are given for this move, one must wonder what is really behind the drive to have states legislate in an area that has traditionally been reserved for the federal government. This Article explores the effect... 2012
Allison S. Hartry Birthright Justice: the Attack on Birthright Citizenship and Immigrant Women of Color 36 New York University Review of Law and Social Change 57 (2012) Anti-immigrant sentiment in the United States is increasingly focused on restricting women of color's access to reproductive justice. Rhetoric surrounding anchor babies and an invasion by birth canal shows how the debate over immigration plays out on the bodies of immigrant women of color. This Article begins by describing the history of... 2012
Anton F. Mertens Build a Better Mousetrap and the World Will Beat a Path to Your Door : Can the Employment-based Immigration Process Be Improved? 5 John Marshall Law Journal 513 (Spring 2012) I. Introduction. 514 II. Historical Perspective. 515 A. Immigration History Before 1900. 518 B. Immigration History from 1900 to 1952. 520 C. The Immigration and Nationality Act of 1952 to Present. 523 III. Overview of the Employment-Based Immigration Process. 527 A. Employment-Based Immigration Preference System. 529 1. First Preference. 530 2.... 2012
Erin B. Corcoran Bypassing Civil Gideon: a Legislative Proposal to Address the Rising Costs and Unmet Legal Needs of Unrepresented Immigrants 115 West Virginia Law Review 643 (Winter 2012) I. Introduction. 644 II. The Problem. 646 A. What Is at Stake: The Consequences of a Removal Order. 646 B. Barriers to Accessing Competent Representation. 649 C. Challenges for Pro Se Immigrants. 650 III. Efforts to Establish a Constitutional Right to Counsel in Civil Litigation (Civil Gideon) Have and Will Likely Continue to be Unsuccessful. 653... 2012
Erin Aeran Chung , Daisy Kim Citizenship and Marriage in a Globalizing World: Multicultural Families and Monocultural Nationality Laws in Korea and Japan 19 Indiana Journal of Global Legal Studies 195 (Winter, 2012) This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case,... 2012
César Cuauhtémoc García Hernández Cluster Introduction - Immigrant Outsider, Alien Invader: Immigration Policing Today 48 California Western Law Review 231 (Spring 2012) This is the story of immigration policing today. Sensors in the ground, high-intensity lights overhead, steel walls ten feet high, and drone aircraft in the air. Twenty-one thousand uniformed personnel armed with automatic weaponry, their might augmented by many thousands more from local law enforcement agencies. All tied together through massive... 2012
Maritza I. Reyes Constitutionalizing Immigration Law: the Vital Role of Judicial Discretion in the Removal of Lawful Permanent Residents 84 Temple Law Review 637 (Spring 2012) For decades, scholars and advocates criticized the harsh, mandatory nature of the Federal Sentencing Guidelines. They argued that federal district court judges should have discretion to authorize a punishment that fits the facts and circumstances of the crime and the defendant. Similarly, immigration scholars and advocates criticize the harsh laws... 2012
Ingrid V. Eagly Criminal Clinics in the Pursuit of Immigrant Rights: Lessons from the Loncheros 2 UC Irvine Law Review 91 (February, 2012) Introduction. 91 I. The Role of Lawyers in the Lonchero Campaign. 93 A. The Organizational Phase: Contesting the Durational Restriction. 94 1. Crime. 96 2. Competition. 98 3. Race. 100 4. Collective Decisionmaking. 104 B. The Individual Phase: Defending the Test Case. 106 II. Implications for Clinics and Practice. 109 A. Individual Clients and Law... 2012
César Cuauhtémoc García Hernández Criminal Defense after Padilla V. Kentucky 26 Georgetown Immigration Law Journal 475 (Spring, 2012) Abstract: The Supreme Court's decision in Padilla v. Kentucky involves criminal defense attorneys in immigration law as never before. Long the mediators between defendants and the state's penal authority, these attorneys must now advise their noncitizen clients about the potential immigration pitfalls of a conviction. Just what advice is required,... 2012
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