Steven Papazian Secure Communities, Sanctuary Laws, and Local Enforcement of Immigration Law: the Story of Los Angeles 21 Southern California Review of Law & Social Justice 283 (Winter 2012) Despite campaign promises to deliver comprehensive immigration reform, in 2010 the Obama Administration removed more than 392,000 unauthorized aliens, the largest number in our nation's history. These removals took place in a dizzying array of federal, state, and local immigration regulation. For example, Arizona's Senate Bill 1070 would have... 2012
Lori Nazry Ross See No Evil: a Look at Florida's Legislative Response to Holding Hotels Civilly Liable for "Turning a Blind Eye" to the Sex Trafficking Monster Hiding Behind Closed Doors 22 NYU Journal of Legislation and Public Policy 375 (2019-2020) Introduction. 376 I. An Overview of Human Trafficking and Sex Trafficking. 382 A. What Is Human Trafficking?. 382 B. Facts About Human Trafficking and Sex Trafficking. 383 II. The Intersection Between Sex Trafficking and the Hotel Industry. 385 III. An Overview of Federal Anti-Trafficking Laws. 387 A. The Trafficking Victims Protection Act and Its... 2020
Lenni B. Benson SEEING IMMIGRATION AND STRUCTURAL RACISM: IT'S WHERE YOU PUT YOUR EYES 66 New York Law School Law Review 277 (2021/2022) Color is not a human or a personal reality; it is a political reality. --James Baldwin Immigration law is frequently a proxy for racial and ethnic discrimination. The legal fictions and rules that generate our immigration laws would be unconstitutional in any other context. This essay asks you to interrogate your assumptions and to explore the... 2022
Nancy E. Shurtz Seeking Citizenship in the Shadow of Domestic Violence: the Double Bind of Proving "Good Moral Character" 62 Saint Louis University Law Journal 237 (Fall, 2017) Maria is a Mexican national and resides in the United States on a Trade NAFTA (TN) work visa. She falls in love with Bob, a U.S. citizen, and after a brief courtship, they marry. They immediately file a joint petition with the U.S. Citizenship and Immigration Service (USCIS) for issuance to Maria of a Conditional Residence (CR) Card, the... 2017
Gabriel J. Chin Segregation's Last Stronghold: Race Discrimination and the Constitutional Law of Immigration 46 UCLA Law Review Rev. 1 (October, 1998) For over a century, the Supreme Court has granted federal immigration laws a unique immunity from judicial review. Relying on the so-called plenary power doctrine, the Court has said that over no conceivable subject is federal power greater than it is over immigration; even modern federal cases, for example, state that Congress may freely... 1998
Harvey Gee Semblances of Sovereignty: the Constitution, the State, and American Citizenship, T. Alexander Aleinikoff, Harvard University Press, 2002. Pp. 223. 16 Saint Thomas Law Review 147 (Fall 2003) A major contribution to the contemporary thinking about immigration, citizenship, and assimilation is offered by Georgetown Law Center Law Professor T. Alexander Aleinikoff in his recent volume, Semblances of Sovereignty: The Constitution, the State, and American Citizenship. The book helps to advance the immigration debate and define what it means... 2003
Logan Millians, Tyler S. Sims, Benjamin C. Stidham Senate Bill 104 : State Government; Prohibit Policies by Local Governments That Limit/restrict the Enforcement of Immigration Laws 5 John Marshall Law Journal 757 (Spring 2012) First Signature: Senator Jeff Mullis (53rd) Co-Sponsors: Senator Jack Murphy (27th), Senator Bill Heath (31st), Senator Steve Gooch (51st), Senator Barry Loudermilk (52nd), and Senator Bill Jackson (24th) Summary: The Bill was proposed to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated by providing a more straight-forward and... 2012
Austin Tyler Brown Senate Bill 1070: an Opportunity to Align the Interests of Federal and State Governments with the Rights of the Child 12 Florida Coastal Law Review 453 (Spring 2011) The United States immigration system has been an immense failure for many years and, at the current pace, it appears the issue will not be adequately addressed anytime soon. As a result, children's rights, public safety, police officer safety, border security, and the economic health of the nation are suffering. This Article highlights the effect... 2011
Scott Nakama Senate Bill 1070: the Implications of Arizona's Immigration Law upon Mlb 8 DePaul Journal of Sports Law & Contemporary Problems 23 (Fall 2011) On April 23, 2010, Arizona Governor Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) - one of the most controversial pieces of immigration legislation in recent history. Judge John T. Noonan, Jr. of the Ninth Circuit Court of Appeals believes S.B. 1070 has become a symbol. For those sympathetic to... 2011
Christopher A. Galeano SENATE BILL 54 (2017): CALIFORNIA versus THE LAW ENFORCEMENT LOBBY 68 UCLA Law Review 1446 (January, 2022) Before calls to abolish Immigration Customs and Enforcement (ICE) became a progressive rallying cry throughout the United States, the California Values Act of 2017 (SB 54) promised to freeze ICE out of California. The goal behind SB 54 was to restrict state and local law enforcement entanglement with ICE in the state with the most immigrants in the... 2022
Casey L. Chalbeck Separating the Hands: Why Reorganization-oriented Abolitionism Won't Meaningfully Change Ice 34 Georgetown Immigration Law Journal 79 (Fall, 2019) Under this president, who's now letting us do our job and taking the handcuffs off the men and women of the Border Patrol and ICE, arrests are up. - Thomas Homan, Former Immigration and Customs Enforcement Acting Director. Any essential functions carried out by ICE that do not violate fundamental due process and human rights can be executed with... 2019
Micaela Schuneman Seven Years of Bad Luck: How the Government's Delay in Issuing U-visa Regulations Further Victimized Immigrant Crime Victims 12 Journal of Gender, Race and Justice 465 (Winter 2009) In June 2001, Sai Maddi, an Indian national who had a U.S. employment visa, was charged with attempted murder for biting, burning, and beating his wife. Maddi's wife, Sireesha Pesala, wanted to stay in New Jersey to testify against her husband, but her U.S. immigration status was based on, or derivative of, her husband's visa. This derivative... 2009
Debra L. Satinoff Sex-based Discrimination in U.s. Immigration Law: the High Court's Lost Opportunity to Bridge the Gap Between What We Say and What We Do 47 American University Law Review 1353 (June, 1998) Introduction. 1354 I. The Tension Between Congress' Historic Plenary Power Over Immigration and Modern Gender-Based Equal Protection. 1358 A. Federal Cases Regarding Equal Protection Challenges to Gender-Based Immigration Laws. 1358 1. Overview. 1358 2. Miller v. Albright--background. 1361 B. Congress' Unrestrained Power Over Immigration. 1364 C.... 1998
Maureen A. Sweeney Shadow Immigration Enforcement and its Constitutional Dangers 104 Journal of Criminal Law and Criminology 227 (Spring, 2014) This Article introduces the concept of shadow immigration enforcement--that is, the increasingly common and troubling phenomenon of improper involvement in federal immigration enforcement by state and local law enforcement officers. Shadow immigration enforcement occurs when state or local police officers with no immigration enforcement authority... 2014
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
Felice Batlan She Was Surprised and Furious: Expatriation, Suffrage, Immigration, and the Fragility of Women's Citizenship, 1907-1940 15 Stanford Journal of Civil Rights & Civil Liberties 315 (June, 2020) Introduction. 315 I. Coverture, Expatriation, and Women's Citizenship. 317 A. Coverture and Citizenship. 317 B. The Expatriation Act of 1907 and the Loss of Women's Citizenship. 319 C. Myth Making and Women's Expatriation of Citizenship in the U.S. Supreme Court. 321 D. Women's Suffrage, the Cable Act, and the Partial End of Derivative Citizenship.... 2020
Eileen Kaufman Shelter from the Storm: an Analysis of U.s. Refugee Law as Applied to Tibetans Formerly Residing in India 23 Georgetown Immigration Law Journal 497 (Spring, 2009) I. Introduction & Representative Case Study. 498 II. Immigration Law, the Theory of Asylum, and the Firm Resettlement Doctrine. 505 A. Immigration Law as a Rule of Regulation/Exclusion. 505 B. Asylum as an Exception to the Rule of Exclusion. 506 1. Theory of Asylum. 506 2. Sources of Law: International Conventions and Domestic Law. 509 C. Doctrine... 2009
Huyen Pham, Pham Hoang Van SHERIFFS, STATE TROOPERS, AND THE SPILLOVER EFFECTS OF IMMIGRATION POLICING 64 Arizona Law Review 463 (Summer, 2022) As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused... 2022
Kevin Brown Should Black Immigrants Be Favored over Black Hispanics and Black Multiracials in the Admissions Processes of Selective Higher Education Programs? 54 Howard Law Journal 255 (Winter 2011) INTRODUCTION. 256 I. EFFORTS TO STANDARDIZE THE COLLECTION OF DATA ON RACE AND ETHNICITY IN THE 1970s: ADOPTION OF DIRECTIVE 15. 266 II. ADOPTION OF THE 1997 REVISED STANDARDS. 272 A. Need to Revise Directive 15. 272 B. 1997 Revised Standards. 274 1. Hispanic/Latino Ethnicity Question and the Two Question Format. 274 2. How to Collect Data on... 2011
Bruce A. Green , Brandon P. Ruben SHOULD VICTIMS' VIEWS INFLUENCE PROSECUTORS' DECISIONS? 87 Brooklyn Law Review 1127 (Summer, 2022) When prosecutors make discretionary decisions in criminal cases, how should they take account of individual victims' views of the fair and just outcome? No doubt, many crime victims have views, including about whether the person who harmed them should be prosecuted, diverted from the criminal process, or entirely left alone. But little is written... 2022
Monica Chawla Show Me Your Papers: an Equal Protection Violation of the Rights of Latino Men in Trump's America 34 Touro Law Review 1157 (2018) During the final presidential debate on October 19, 2016, Donald Trump said if he is elected president, his immigration plan will include deporting bad hombres who are bringing drugs and crime across the border. Hombres is the Spanish word for men. During the first month of Trump's presidency, Trump called for the hiring of 10,000 more U.S.... 2018
Hannah Lustman Sick Uncertainty: How Executive Threats to Epa Programs for the U.s.-mexico Border Threaten Environmental Justice 10 Arizona Journal of Environmental Law & Policy 465 (Summer, 2020) The U.S.-Mexico Border is in the midst of a decades-long environmental health crisis. Unsafe and discriminatory land use practices, pollution, and lacking infrastructure are among the problems causing Border residents to become sick. They suffer from third world health afflictions in the Southwest corner of the first world. Because residents of... 2020
Lindsay Perez Huber, Maria C. Malagon Silenced Struggles: the Experiences of Latina and Latino Undocumented College Students in California 7 Nevada Law Journal 841 (Summer 2007) ABSTRACT: Latina/o Critical Race Theory (LatCrit) exposes multiple forms of oppression Latina/o students experience, including race, class, gender, language, and immigration status. We utilize this theoretical framework to examine critically the experiences of Latina and Latino undocumented college students in California public institutions of... 2007
Ashley Arcidiacono Silencing the Voices of Battered Women: How Arizona's New Anti-immigration Law "Sb1070" Prevents Undocumented Women from Seeking Relief under the Violence Against Women Act 47 California Western Law Review 173 (Fall 2010) Claudia flinches as she touches the side of her face where her husband just slapped her. She hadn't properly greeted him when he came home from a long day of work. It seems she never greets him properly; sometimes, he is mad when she doesn't act excited enough, and other times, he wants her out of his way. He is so unpredictable. But what is... 2010
Raquel E. Aldana Silent Victims No More?: Moral Indignation and the Potential for Latino Political Mobilization in Defense of Immigrants 45 Houston Law Review 73 (Symposium 2008) I. Introduction. 74 II. Electoral Politics and Latina/o Voters. 83 A. The Numbers: 2006 Elections and Predictions for 2008. 85 B. Latino Voters on Immigration. 88 III. The Promise of Nonelectorate Latino Civic Engagement: The 2006 Immigration Marches and Beyond. 92 IV. Conclusion. 97 Media reports identified at least 50 of the 130 victims of the... 2008
Paul Guajardo , David W. Read Sin Documentos: Legally Instructive Narratives in Mexican-american Memoirs and United States Immigration Law 24 Texas Hispanic Journal of Law and Policy Pol'y 1 (Fall, 2017) The sincere and sometimes startling testimonies found in Mexican-American memoirs provide first-hand accounts of the plight of undocumented immigrants. Mexican-American memoirs by the likes of Francisco Jimenez, Reyna Grande, Rosalina Rosay, Rose Castillo Guilbault, Ramon Perez, Elva Trevino Hart, Jose Angel Navejas, amongst dozens of others,... 2017
Andrea Barton Sitting on Ellis Island: the Fate of Disparate Immigration Policies in the Wake of the Guantanamo Bay Cases 23 Notre Dame Journal of Law, Ethics & Public Policy 233 (2009) In the early morning hours of December 5, 2007, a light snow fell just before sun break on the steps of Supreme Court plaza in Washington, D.C. and on seventy-three sleeping spectators camped out waiting in the hope of securing one of the few public seats for oral arguments the next day in what was assured to be an historic day in the Court. The... 2009
Gabriel J. Chin SLAVE LAW, RACE LAW 94 University of Colorado Law Review 551 (Spring, 2023) Introduction. 551 I. Free Black People and Enslaved Persons. 558 II. Regulating All Non-White People. 564 Conclusion. 569 2023
Rhonda V. Magee Slavery as Immigration? 44 University of San Francisco Law Review 273 (Fall 2009) As an African-American woman and legal scholar, I have long been troubled by the absence of sustained discourse within the legal academy on the legacies of American chattel slavery and its multifaceted impact on contemporary U.S. law and policy. Since entering the academy, I have puzzled, mostly in silence, over the continued absence of scholarship... 2009
Mark R. Killenbeck SOBER SECOND THOUGHT? KOREMATSU RECONSIDERED 74 Arkansas Law Review 151 (2021) How to best describe and treat Korematsu v. United States? A self-inflicted wound? It is certainly an exemplar of a case that in key respects tracks Justice Stephen Breyer's caution about decisions that have harm[ed] not just the Court, but the Nation. Part of an Anticanon, resting on little more than naked racism and associated hokum and... 2021
Mark S. Kende Social Media, the First Amendment, and Democratic Dysfunction in the Trump Era 68 Drake Law Review 273 (2020) In the fall of 2019, the congressionally endowed Drake Constitutional Law Center held a symposium on the book, Democracy and Dysfunction, authored by University of Texas law professor Sandy Levinson and Yale law professor Jack Balkin. Several scholars offered commentary on the book. This Article focuses on how the Internet is not what it used to... 2020
Jacob Barrett, University of Arizona, Social Reform in a Complex World 17 Journal of Ethics & Social Philosophy 103 (April, 2020) We live in an unjust world. Our social and political institutions stand in need of reform. But of all the changes we might make to these institutions, which would genuinely promote justice? And how should we, as theorists, go about trying to figure this out? Perhaps the most straightforward approach is problem solving: diagnosing particular... 2020
Harvey Gee Some Thoughts and Truths about Immigration Myths: the "Huddled Masses" Myth: Immigration and Civil Rights 39 Valparaiso University Law Review 939 (Summer, 2005) As an avid reader of Kevin R. Johnson's previous legal writings about race and immigration, I was extremely pleased to find his most recent book, The Huddled Masses Myth: Immigration and Civil Rights (Huddled Masses) resting on the shelf in the law books section of the San Diego Border's bookstore. Johnson, a prolific writer, is a member of the... 2005
Michael Shapland Soskin V. Reinertson: an Analysis of the Tenth Circuit's Decision to Permit the State of Colorado to Withhold Medicaid Benefits from Aliens Pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act 2 Seton Hall Circuit Review 339 (Fall, 2005) L1-2,T2I. Introduction 339. L1-2,T2II. The Federal Immigration Power 340. L1-2,T2III. Soskin's Treatment of the Personal Responsibility Act 345. L1-2,T2IV. Arguments For and Against the Devolvability Principle 351. 1. Jurisprudentially-Based Arguments. 351 2. Policy-Based Arguments. 357 L1-2,T2V. Conclusion 363. 2005
  Soundoff 41-OCT Arizona Attorney Att'y 8 (October, 2004) I was heartened to read Our Immigrant Nation, by Grant Woods (July/August 2004 Ariz. Attorney, The Last Word). In his column, Grant spoke of being roundly booed by his party's faithful for suggesting that the Martin Luther King Holiday needed to be passed. It's what I've always admired about Grant's public life. He said and did what his heart... 2004
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
Sarah Rogerson Sovereign Resistance to Federal Immigration Enforcement in State Courthouses 32 Georgetown Immigration Law Journal 275 (Spring, 2018) The federal government has maintained its supremacy over the enactment of immigration laws for over a century. Enforcement of those laws, however, is increasingly a matter of cooperative federalism - or uncooperative, as the case may be. In response to a recent trend of state and local resistance to President Trump's stepped-up enforcement regime,... 2018
Polly J. Price Sovereignty, Citizenship, and Public Health in the United States 17 NYU Journal of Legislation and Public Policy 919 (2014) Sovereign boundaries, state borders, and distinctions between citizens and non-citizens undermine public health in the United States in a number of ways. For historical reasons, we are prone to view immigration and public health as separate interests, but they are in fact convergent. Historically, federal authority over immigration alleviated costs... 2014
Matthew Boaz SPECULATIVE IMMIGRATION POLICY 37 Georgetown Immigration Law Journal 183 (Winter, 2023) This Article considers how speculative fiction was wielded by the Trump administration to implement destructive U.S. immigration policy. It analyzes the thematic elements from a particular apocalyptic novel, traces those themes through actual policy implemented by the president, and considers the harm effected by such policies. This Article... 2023
Janet M. Calvo Spouse-based Immigration Laws: the Legacies of Coverture 28 San Diego Law Review 593 (Summer, 1991) A woman from the Philippines was abused by her United States citizen spouse. He threatened to have immigration authorites deport her to the Philippines if she tried to leave him. She stayed. He later cut her all over her back, head, and hands with a meat cleaver. An American citizen married a Polish woman and brought her to the United States.... 1991
L. Darnell Weeden Standing and Speaking Constitutional Truth to Local Power Regarding Undocumented Immigrant Residents Dwelling with We the People of the United States 34 Southern Illinois University Law Journal 55 (Fall, 2009) We the People of the United States, in order to establish a more perfect Union with justice and fairness for all persons, shall promote domestic tranquility by giving voice and constitutional protections to those undocumented immigrants dwelling with us. This article will consider the logic of recent policies involving laws targeting undocumented... 2009
Alina Das STANDING ON IMMIGRANT SUBORDINATION 72 American University Law Review Forum 147 (June, 2023) In The Rise of the Immigrant-as-Injury Theory of State Standing, Professor Jennifer Lee Koh identifies and critiques an emerging theory of state standing that treats the existence of immigrants as an injury to the state for purposes of challenging federal immigration policies. Koh persuasively critiques the immigrant-as-injury theory on... 2023
Timothy A. Newman Standing to Challenge State and Local Immigration Regulation: How the Notion of Expressive Injury Can Restore Federal Power over Immigration 17 William & Mary Bill of Rights Journal 1215 (May, 2009) John Doe 1 was a tenant in Hazleton, Pennsylvania, in September, 2006. Because he was not a United States citizen or permanent legal resident, he was confident the United States government could deport him at any time. But the city council of the town he called home, and not the federal government, was the first to take action against him. Most are... 2009
Cecilia Renn State and Local Enforcement of the Criminal Immigration Statutes and the Preemption Doctrine 41 University of Miami Law Review 999 (May, 1987) Responding to concern that the Immigration and Naturalization Act (INA) was doing little to restrain escalating illegal immigration, Congress passed the controversial Immigration Reform and Control Act (IRCA) in 1986. The Act employs a three-tiered scheme of civil and criminal sanctions designed to discourage illegal immigration while rewarding... 1987
Seth M.M. Stodder , Nicolle Sciara Rippeon State and Local Governments and Immigration Laws 41 Urban Lawyer 387 (Summer, 2009) The United States Supreme Court has repeatedly held that the authority to control immigration . is vested solely in the Federal government. The Court has linked this exclusive power to Article I of the Constitution, which grants Congress the authority to establish an uniform Rule of Naturalization and to regulate Commerce with foreign... 2009
Michael J. Almonte State and Local Law Enforcement Response to Undocumented Immigrants: Can We Make the Rules, Too? 72 Brooklyn Law Review 655 (Winter 2007) In 2005, in the towns of New Ipswich and Hudson, New Hampshire, local police arrested eight suspected undocumented immigrants on charges of criminal trespass when they failed to provide proper identification. Local police resorted to this tactic after the federal authorities declined to take action against the suspects. This novel approach to... 2007
Michael J. Wishnie State and Local Police Enforcement of Immigration Laws 6 University of Pennsylvania Journal of Constitutional Law 1084 (May, 2004) Federal law enforcement agencies responded to the attacks of September 11, 2001, with forceful initiatives directed at noncitizens and their communities. Several of these measures raise grave civil rights concerns. Quite apart from investigations prompted by individualized leads, officials have singled out Arab, Muslim, and South Asian immigrants... 2004
David P. Weber State and Local Regulation of Immigration: the Need for a Bilateral (Reciprocal) Ratchet 18 ILSA Journal of International and Comparative Law 707 (Summer, 2012) I. Introduction. 707 II. The Debate over Preemption in Immigration. 710 A. Preemption Defined. 711 B. Immigration-Related Preemption. 712 1. Historic Roots of Preemption. 712 2. Modern Immigration Preemption Trends. 714 a. State Regulation of Immigration. 714 b. Local Regulation of Immigration. 715 i. Local Laws and Ordinances Deemed Preempted. 715... 2012
  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
25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42