AuthorTitleCitationSummaryYear
Frances M. Kreimer Dangerousness on the Loose: Constitutional Limits to Immigration Detention as Domestic Crime Control 87 New York University Law Review 1485 (November, 2012) The United States immigration detention regime that was reborn in the 1980s is not only unprecedented in scale, but also in rationale. Whereas immigration detention had historically been justified primarily as a means of ensuring immigration compliance, with a secondary purpose of protecting national security, today's system increasingly functions... 2012
Patrick J. Charles Decoding the Fourteenth Amendment's Citizenship Clause: Unlawful Immigrants, Allegiance, Personal Subjection, and the Law 51 Washburn Law Journal 211 (Spring 2012) I. Introduction. 212 II. Decoding Birthright Citizenship from the Founding to the Fourteenth Amendment. 215 A. Birthright Citizenship and the 1866 Civil Rights Act. 220 B. Birthright Citizenship and the Fourteenth Amendment. 225 III. Defining Citizenship and Who is Subject to the Jurisdiction Thereof . 231 IV. The Birthright Citizenship Debate in... 2012
Adam B. Cox , Eric A. Posner Delegation in Immigration Law 79 University of Chicago Law Review 1285 (Fall 2012) Immigration law both screens migrants and regulates the behavior of migrants after they have arrived. Both activities are information intensive because the migrant's type and the migrant's post-arrival activity are often forms of private information that are not immediately accessible to government agents. To overcome this information problem,... 2012
Sheila I. Vélez Martínez Desde Quisqueya Hacia Borinquena: Experiences and Visibility of Immigrant Dominican Women in Puerto Rico: Violence, Lucha and Hope in Their Own Voices 18 ILSA Journal of International and Comparative Law 683 (Summer, 2012) I. Introduction. 683 II. Methodology. 685 III. Dominican migration: feminine and transnational. 689 IV. The shaping and reshaping of identities. 697 V. On Visibility. 702 VI. Conclusion. 705 2012
Gabriel Zeller Do Cubans Deserve Special Treatment? A Comparative Study Relating to the Cuban Adjustment Act 4 Elon Law Review 235 (2012) C1-3Contents I. Introduction. 235 II. The Cuban Adjustment Act and Treatment of Cuban Immigrants. 238 III. Methods of Obtaining Legal Permanent Resident Status for Latino Immigrants from Other Countries. 240 IV. An Overview of Conditions in Cuba, Venezuela, and Honduras. 241 a. Cuba. 241 b. Venezuela. 243 c. Honduras. 246 V. Comparing the... 2012
Paulo Edmundo Ochoa Education Without Documentation: as Plyler Students Reach New Heights, Will Their Status Make Them Morally Unfit to Practice Law? 34 Thomas Jefferson Law Review 411 (Spring 2012) The soul who sins is the one who will die. The son will not share the guilt of the father, nor will the father share the guilt of the son. The California Committee of Bar Examiners recently considered whether Sergio Garcia, an undocumented immigrant, is morally fit to practice law. Prior to 2008, the California State Bar did not inquire into an... 2012
BJ Smith Emma Lazarus Weeps: State-based Anti-immigration Initiatives and the Federalism Challenge 80 UMKC Law Review 905 (Spring, 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! Centuries after the first weary travelers landed to create a great New World, the Statue of Liberty was dedicated as a symbol of freedom and... 2012
Patricia S. Mann Empowering the Global Movement of Bodies: an Immcrit Jurisprudence 3 Creighton International and Comparative Law Journal 160 (Fall, 2012) I want to say how happy I am to be here at CIAPA, and how grateful I am to be included for a second time in this great LatCrit South North Exchange. Last year my presentation focused on the draconian discretionary powers of US Immigration agencies to detain and deport noncitizens, regardless of their length of residence, and familial connections,... 2012
Elizabeth Keyes Examining Maryland's Views on Immigrants and Immigration 43 University of Baltimore Law Forum L.F. 1 (Fall 2012) The Baltimore Sun has aptly described Maryland as having a split personality on immigration. Maryland's responses to a broken federal immigration system have diverged both in state-wide politics and in jurisdiction-by-jurisdiction approaches. We see the divergence in Frederick County's embrace of using local law enforcement agencies to enforce... 2012
Richard Delgado Four Reservations on Civil Rights Reasoning by Analogy: the Case of Latinos and Other Nonblack Groups 112 Columbia Law Review 1883 (November, 2012) The protection of civil rights in the United States encompasses remedies for at least five separate groups. Native Americans have suffered extermination, removal, denial of sovereignty, and destruction of culture; Latinos, conquest and the indignities of a racially discriminatory immigration system. Asian Americans suffered exclusion, wartime... 2012
  From Emma Lazarus to Arizona Sb1070, Can Progressives Meet New Challenges to Immigrants Rights? 31 Chicana/o-Latina/o Law Review 47 (2012) M : Good afternoon everyone. I think that we are ready to go ahead and get started. I would like to welcome you all to the first of this year's series of the David Epstein Program in Public Interest Law Speakers Series. We are so pleased to have with us here today four of the most preeminent experts in immigrants' rights to join us for our panel... 2012
Pooja Gehi Gendered (In)security: Migration and Criminalization in the Security State 35 Harvard Journal of Law & Gender 357 (Summer 2012) Introduction I. Criminalization of Transgender Immigrants of Color. 364 A. Cycles of Poverty. 366 B. Walking While Trans: Police Profiling and Fourth Amendment Stops. 368 C. Disproportionate Incarceration. 372 D. Violence and Incarceration. 374 E. Criminal Procedure, Plea Bargains, and Safety. 375 II. Devolution of Criminal and Immigration Law. 377... 2012
Olivia Salcido, Cecilia Menjívar Gendered Paths to Legal Citizenship: the Case of Latin-american Immigrants in Phoenix, Arizona 46 Law and Society Review 335 (June, 2012) In this paper we seek to contribute to a greater understanding of legal citizenship by exploring the gendered experiences of Latin-American-origin immigrants in the greater Phoenix metropolitan area as they go through the legalization process. To explore this gendered angle we rely on in-depth interviews conducted from 1998 through 2008 with women... 2012
Juliet P. Stumpf Getting to Work: Why Nobody Cares about E-verify (And Why They Should) 2 UC Irvine Law Review 381 (February, 2012) Employment is traditionally conceptualized as a private contract between employer and employee. The Immigration Reform and Control Act of 1986 (IRCA), which prohibited employers from knowingly hiring employees not authorized to work and required employers to request evidence of work authorization, introduced the government into this private... 2012
Pantea Javidan Global Class and the Commercial-sexual Exploitation of Children: Toward a Multidimensional Understanding 1 Columbia Journal of Race and Law 365 (July, 2012) This Essay draws together several focal points of the Third Annual National People of Color Conference in 2010, human trafficking, racial contexts, criminal law, immigration law and international law, while addressing the core theme of post-racialism and other posts. The purpose of this Essay is three-fold. First, it challenges the notion that we... 2012
Michael A. Olivas Governing Badly: Theory and Practice of Bad Ideas in College Decision Making 87 Indiana Law Journal 951 (Summer, 2012) I. Legacy or Alumni Preference Admissions. 955 II. Linking State College Appropriations to Test Scores. 959 III. Program Discontinuance. 965 IV. Playing Immigration Cop. 973 Conclusion. 974 2012
Allie Karoline Sievers Gypsies, Tramps & Thieves: What Europe's Romanies Can Teach the United States about Crime-motivated Immigration Reform 1 Penn State Journal of Law & International Affairs 97 (April, 2012) This comment proposes that the United States could learn a great deal about the dangers of extreme immigration policy-making by looking to the European states and their dealings with the Romani, specifically the French expulsions of the Romani in 2010. Through this lens, this comment analyzes flaws in the U.S.' crime-motivated immigration... 2012
Penelope Hansen, Tiffany E. Norris, Michelle Thompson, Kristen A. Turner, Ethan Williams House Bill 87 : Illegal Immigration Reform and Enforcement Act of 2011 5 John Marshall Law Journal 695 (Spring 2012) First Signature: Representative Matt Ramsey (72nd) Co-Sponsors: Representative Rich Golick (34th), Representative Katie Dempsey (13th), Representative Rick Austin (10th), Representative Stephen Allison (8th), Representative Edward Lindsey (54th), and Senator Bill Hamrick (30th) Summary: House Bill 87 provides new definitions and state positions... 2012
Kristina M. Campbell Humanitarian Aid Is Never a Crime? The Politics of Immigration Enforcement and the Provision of Sanctuary 63 Syracuse Law Review 71 (2012) Introduction. 72 I. United States v. Millis: Is Water for the Dying Garbage or Humanitarian Aid?. 76 A. U.S. v. Millis--District of Arizona (2009). 77 B. U.S. v. Millis--Ninth Circuit Court of Appeals (2010). 79 1. A Refuge for Wildlife, but Not for Human Beings? The Gap Between Federal Law and Humanitarian Aid. 80 II. Attrition Through... 2012
Lauren Gilbert Immigrant Laws, Obstacle Preemption and the Lost Legacy of Mcculloch 33 Berkeley Journal of Employment and Labor Law 153 (2012) With the federal government's perceived failure to enforce the immigration laws as a backdrop, this paper explores how the Supreme Court's recent decision in Chamber of Commerce v. Whiting upholding the Legal Arizona Workers Act exposes some of the tensions and contradictions in modern preemption doctrine. Examining the relationship among express,... 2012
Kevin R. Johnson Immigration and Civil Rights: Is the "New" Birmingham the Same as the "Old" Birmingham? 21 William & Mary Bill of Rights Journal 367 (December, 2012) Over the past few years, state legislatures have passed immigration enforcement laws at breakneck speed. As one commentator characterized it: Immigration law is undergoing an unprecedented upheaval. The states . . . have taken immigration matters into their own hands. In response to the widespread perception that the federal government cannot or... 2012
Kevin R. Johnson Immigration and Civil Rights: State and Local Efforts to Regulate Immigration 46 Georgia Law Review 609 (Spring, 2012) I. INTRODUCTION. 611 II. FEDERAL PREEMPTION AND IMMIGRATION. 613 III. CHAMBER OF COMMERCE V. WHITING. 619 IV. ARIZONA'S S.B. 1070 AND UNITED STATES V. ARIZONA. 622 A. THE IMPACT OF WHITING ON UNITED STATES V. ARIZONA AND S.B. 1070. 626 B. WHAT WILL HAPPEN IN THE SUPREME COURT IN ARIZONA V. UNITED STATES?. 627 C. THE CIVIL RIGHTS ISSUES LIKELY TO BE... 2012
Karla Mari McKanders Immigration Enforcement and the Fugitive Slave Acts: Exploring Their Similarities 61 Catholic University Law Review 921 (Fall, 2012) I. Comparing the Fugitive Slave Acts and Prjgg v. Pennsylvania's Contribution to Immigration Law and Policy. 925 A. 1789 Fugitive Slave Clause and the 1793 Fugitive Slave Act. 925 B. State Personal Liberty Laws. 927 C. Prigg v. Pennsylvania and the 1850 Fugitive Slave Act. 929 D. The Impact of the Fourteenth Amendment's Reconstruction Clause on the... 2012
Michael J. Wishnie Immigration Law and the Proportionality Requirement 2 UC Irvine Law Review 415 (February, 2012) I. Proportionality Review Outside Immigration Law. 418 II. Proportionality Review in Immigration Law. 424 A. Removal as a Punitive Sanction. 425 1. Removal of Permanent Residents. 427 2. Removal of Non-LPRs. 428 B. Re-entry Bars as a Punitive Sanction. 431 C. Case-by-Case Proportionality Review in Immigration Cases. 435 D. Categorical... 2012
Nathan Harris Immigration Policies in America: Unfriendly and Destroying the Agriculture Industry? 4 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 195 (2011-2012) On April 23, 2010, the Arizona State Legislature sent shockwaves through many American communities when it enacted SB 1070, a bill intended to aid in enforcing federal immigration laws within Arizona's borders. In 2008, two years prior to enacting SB 1070, the Arizona legislature adopted HB 2745, known as the Legal Arizona Workers Act. The Act... 2012
Bill Ong Hing Immigration Sanctuary Policies: Constitutional and Representative of Good Policing and Good Public Policy 2 UC Irvine Law Review 247 (February, 2012) I. Introduction. 247 II. Background. 252 III. Constitutionality. 260 A. City of New York v. United States. 263 B. Sturgeon v. Bratton. 267 C. The Tenth Amendment and Preemption. 272 1. Tenth Amendment. 272 2. Preemption of State and Local Laws. 280 a. Field Preemption. 282 b. Conflict Preemption. 286 c. Impeding Federal Objective. 288 3. Martinez... 2012
Marjorie S. Zatz , Hilary Smith Immigration, Crime, and Victimization: Rhetoric and Reality 8 Annual Review of Law and Social Science 141 (2012) criminalization, exploitation, immigration enforcement, immigration law, moral panic, racialization Contrary to popular perceptions that immigration increases crime, the research literature demonstrates that immigration generally serves a protective function, reducing crime. This review takes as its starting point the contradiction between the... 2012
John Shuford In the Key of Aoki: Immigration Regionalism (Eco) 45 U.C. Davis Law Review 1655 (June, 2012) Introduction--Intro . 1657 I. First Verse. 1659 II. Second Verse. 1665 III. Third Verse. 1673 IV. Fourth Verse. 1676 V. Fifth Verse. 1685 Middle Eight. 1688 VI. Sixth Verse. 1689 VII. Seventh Verse. 1692 Conclusion--Coda/Repeat and Fade . 1697 In 2010, Keith Aoki and I coined the phrase immigration regionalism to describe a proposed... 2012
Radha Vishnuvajjala Insecure Communities: How an Immigration Enforcement Program Encourages Battered Women to Stay Silent 32 Boston College Journal of Law & Social Justice 185 (Winter, 2012) Abstract: Domestic violence is a pervasive problem in American society. Undocumented immigrant women suffer disproportionately from spousal abuse due to language and cultural barriers. Undocumented domestic violence victims often do not know how or where to seek help and fear deportation. That fear is not unfounded because Secure Communities, an... 2012
L. Darnell Weeden Introduction: Race & Immigration Symposium 44 Arizona State Law Journal L.J. 1 (Spring 2012) We the People of the United States, in Order to form a more perfect Union and establish Justice and Fairness for all persons, shall promote domestic Tranquility by giving Voice and constitutional Protections to all Immigrants dwelling with us, regardless of their racial identity or documentation status. This Race & Immigration Symposium issue,... 2012
Len Munsil Justice and Compassion: Applying Biblical Truth to the Problem of Illegal Immigration 9 Regent Journal of International Law 11 (2012) Thank you for the invitation to be a part of this important Symposium at Regent University School of Law. I was invited to speak in a seminar here sponsored by the American Center for Law and Justice in 1993, when Regent was just in its early stages, and I have been so impressed by the growth in Regent's academic programs, facilities, and national... 2012
Ernesto Hernández-López Kiyemba, Guantánamo, and Immigration Law: an Extraterritorial Constitution in a Plenary Power World 2 UC Irvine Law Review 193 (February, 2012) Introduction. 194 I. The Exclusions of Plenary Powers. 200 II. Immigration Law: The Fallback Doctrinal Justification for Guantánamo Detentions. 204 A. Boumediene: Limits on Alien Status and Location as Bars to Constitutional Habeas. 205 B. The Kiyemba Triumvirate: Immigration Law and the Fallback to Detain After Habeas. 210 C. Kiyemba and... 2012
Leticia M. Saucedo Mexicans, Immigrants, Cultural Narratives, and National Origin 44 Arizona State Law Journal 305 (Spring 2012) This article explores U.S. cultural narratives about Mexicans and immigrants and their ultimate effect on the evolution of national origin jurisprudence in workplace anti-discrimination law. Several scholars have argued that national-origin jurisprudence fails to account for the racialized history of Mexicans in this country and have called for a... 2012
Rosemary C. Salomone Multilingualism and Multiculturalism: Transatlantic Discourses on Language, Identity, and Immigrant Schooling 87 Notre Dame Law Review 2031 (June, 2012) In September 2010, an eye-catching article appeared on the front page of the New York Times Arts section. The headline read, Cultures United to Honor Separatism. Basque and Catalan nationalists, Sinn Fein leaders, and others were convening on the island of Corsica, not to chart out war strategies, as might have been expected, but rather to... 2012
Jennifer M. Chacón Overcriminalizing Immigration 102 Journal of Criminal Law and Criminology 613 (Summer 2012) Although there is a burgeoning literature on the criminalization of migration, immigration issues are not usually included in academic conversations surrounding overcriminalization. Criminal law scholars may not have been particularly attuned to developments in the world of immigration law because they have understood it to be primarily the domain... 2012
John C. Eastman Papers, Please: Does the Constitution Permit the States a Role in Immigration Enforcement? 35 Harvard Journal of Law & Public Policy 569 (Spring, 2012) Arizona kicked up quite a dust storm in 2010 when it enacted Senate Bill 1070 (S.B. 1070). Proponents hoped the law would help Arizona control the burgeoning illegal immigration into the state and its attendant costs-- costs that affect the financial stability of the state, the safety of its residents, and the very rule of law itself. The legal... 2012
Keith Aoki , John Shuford , Esmeralda Soria , Emilio Camacho Pastures of Peonage?: Tracing the Feedback Loop of Food Through Ip, Gmos, Trade, Immigration, and U.s. Agro-maquilas 4 Northeastern University Law Journal L.J. 1 (Spring, 2012) I. Introduction II. The Rise of Global Agribusiness and GMOs A. Agrichemical Farming and IP Protection for GE Food Crops and PGR B. Industrialization and Concentration of Farming and Food Transport, Processing, and Sales III. Economic Globalization and Labor Migration in North America A. Globalization of Finance and Trade: Effects on Mexico's... 2012
Dina Kleyman Protecting the Border, One Passenger Interrogation at a Time 77 Brooklyn Law Review 1557 (Summer, 2012) The terrorist attacks that occurred on September 11, 2001, represented the ultimate intersection between criminal and immigration law. Because many of the terrorists had entered the United States legally with visas issued by the Immigration and Naturalization Service (INS), the tragedy revealed the deficiencies in the administration of laws that... 2012
Hilal Elver Racializing Islam Before and after 9/11: from Melting Pot to Islamophobia 21 Transnational Law & Contemporary Problems 119 (Spring 2012) I. Point of Departure. 119 II. Paving the Road for Racializing Islam: Pre-9/11 Era. 123 A. Muslim Community in the United States. 124 1. Immigrants. 125 2. Natives: African American Muslims. 128 B. Prejudices Against Muslims and Middle Easterners in the Pre-9/11 Era. 130 1. Discrimination Against Middle Easterners and Muslims in the Process of... 2012
Daniel J. Tichenor, Alexandra Filindra Raising Arizona V. United States: Historical Patterns of American Immigration Federalism 16 Lewis & Clark Law Review 1215 (Winter, 2012) Immigration policy and regulation have been hotly contested issues in the United States since the 1800s. At the center of this historic immigration debate have been issues of federalism and core questions under the United States Constitution. Arizona v. United States, one of the Supreme Court's blockbuster decisions of the summer of 2012, has... 2012
Mary Fan Rebellious State Crimmigration Enforcement and the Foreign Affairs Power 89 Washington University Law Review 1269 (2012) The propriety of a new breed of state laws interfering in immigration enforcement is pending before the Supreme Court and the lower courts. These laws typically incorporate federal standards related to the criminalization of immigration (crimmigration), but diverge aggressively from federal enforcement policy. Enacting states argue that the... 2012
Sallie Dietrich Redefining "American": the Constitutionality of State Dream Acts 31 Law & Inequality: A Journal of Theory and Practice 165 (Winter, 2012) I'm an American; I just don't have the right papers. These are the words of Jose Antonio Vargas, formerly a journalist for the Washington Post, who recently wrote an article describing his experience living in the United States as an undocumented immigrant. The message of the piece is simple: Vargas, who came to the United States illegally as a... 2012
Fatma E. Marouf Regrouping America: Immigration Policies and the Reduction of Prejudice 15 Harvard Latino Law Review 129 (Spring 2012) Introduction. 130 I. Constructing Fuzzy Categories Based on Immigration Status and the Porous Boundaries Between Them. 133 II. Social Categorization and Intergroup Relations. 138 A. The Relationship Between Social Categorization and Intergroup Bias, and Intergroup Conflict. 138 B. Categorization-Based Strategies for Reducing Intergroup Bias. 142... 2012
Philip Cantwell Relevant "Material": Importing the Principles of Informed Consent and Unconscionability to Analyze Consensual Medical Repatriations 6 Harvard Law & Policy Review 249 (Winter 2012) Antonio Torres, a teenage farmworker from Gila Bend, Arizona, suffered catastrophic injuries in a car accident in June 2008. Mr. Torres was a legal immigrant, but he carried no health insurance. His status barred him from federal healthcare funding. Soon after stabilizing him, the hospital began planning to repatriate the comatose Mr. Torres to... 2012
Doug Keller Re-thinking Illegal Entry and Re-entry 44 Loyola University Chicago Law Journal 65 (Fall 2012) This Article traces the history of two federal immigration crimes that have long supplemented the civil immigration system and now make up nearly half of all federal prosecutions: illegal entry and illegal re-entry. Little has been previously written about the historical lineage of either crime, despite the supporting role each has played in... 2012
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
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
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
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
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
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