Priscilla Huang Anchor Babies, Over-breeders, and the Population Bomb: the Reemergence of Nativism and Population Control in Anti-immigration Policies 2 Harvard Law & Policy Review 385 (Summer, 2008) At the start of 2008, news of a baby boomlet made headlines. For the first time in 35 years, the U.S. fertility rate, or average number of children born to each woman, reached 2.1 in 2006, the number statisticians say is needed for a population to replace itself. Demographers pointed to an increase in the number of immigrants as a main reason for... 2008
Shirley Lin And Ain't I a Woman?: Feminism, Immigrant Caregivers, and New Frontiers for Equality 39 Harvard Journal of Law & Gender 67 (Winter 2016) Introduction. 67 I. Feminist Legal Theory at the Crossroads: Immigrant Women Caregivers and the Carceral Matrix. 71 A. Feminism, Economic Insecurity, and Social Reproduction: Gender Equity in Context. 74 B. Immigrants and the Deepening Paradox of Wrongs Without Remedies. 81 1. From Contradiction to Lawful Retaliation: IRCA and Hoffman Plastics... 2016
Kevin C. Wilson And Stay Out! The Dangers of Using Anti-immigrant Sentiment as a Basis for Social Policy: America Should Take Heed of Disturbing Lessons from Great Britain's past 24 Georgia Journal of International and Comparative Law 567 (Winter, 1995) In recent years the United States has experienced a steady rise of anti-immigrant sentiment comparable to the worst periods of time in [its] history. With mounting fears regarding scarce jobs and a stagnant economy, immigrants have become the unfortunate scapegoats for the ills of American society. The tide of anti-immigrant sentiment has been... 1995
Jonathan C. Augustine AND WHO IS MY NEIGHBOR?: A FAITH-BASED ARGUMENT FOR IMMIGRATION POLICY REFORM IN WELCOMING UNDOCUMENTED REFUGEES 66 Howard Law Journal 439 (Spring, 2023) When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as a citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt. The January 6, 2021 insurrection at the Capitol in Washington, DC, revealed several things about the United States. In... 2023
Mae M. Ngai, University of Chicago Andrew Gyory, Closing the Gate: Race, Politics, and the Chinese Exclusion Act. Chapel Hill: University of North Carolina Press, 1998. Xii, 354 Pp. $49.95 (Cloth). $19.95 (Paper). 44 American Journal of Legal History 304 (July, 2000) The Chinese exclusion laws (1882-1943) stand among the darkest moments in the history of American race policy. One of the first acts of federal legislation regulating immigrants, Chinese exclusion would remain the only policy that banned from entering the United States a group of people explicitly on grounds of race. Over the last thirty years... 2000
Kaili Akar ANOTHER GROUP BITES THE DUST: THE FOURTH CIRCUIT'S RIGID DETERMININATION OF PARTICULAR SOCIAL GROUPS 64 Boston College Law Review E-Supplement 52 (4/25/2023) Abstract: In 2022, in Herrera-Martinez v. Garland, the U.S. Court of Appeals for the Fourth Circuit held that prosecution witnesses are not a sufficiently particular social group (PSG) to warrant protection from deportation under the Immigration and Nationality Act. The Fourth Circuit's decision added to varying interpretations of the... 2023
Rodolfo D. Saenz Another Sort of Wall-building: How Crimmigration Affects Latino Perceptions of Immigration Law 28 Georgetown Immigration Law Journal 477 (Winter, 2014) The increased criminalization of immigration law has resulted in a number of problems that directly affect Latinos. For example, Latinos currently account for the vast majority of individuals detained in immigration detention and removed from the country. Furthermore, Latinos are the largest racial group sentenced to federal prison, and immigration... 2014
Bill Ong Hing Answering Challenges of the New Immigrant-driven Diversity: Considering Integration Strategies 40 Brandeis Law Journal 861 (Summer, 2002) In an odd manner, the tragic events of September 11th served as a reminder that the United States is a nation of immigrants that has grown more and more diverse since the 1965 amendments to the country's immigration laws. As the nation reeled from the attacks, we regrouped in incredible demonstrations of unity and patriotism. Yet, an ugly side of... 2002
Peter H. Huang ANTI-ASIAN AMERICAN RACISM, COVID-19, RACISM CONTESTED, HUMOR, AND EMPATHY 16 FIU Law Review 669 (Spring, 2022) This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article... 2022
Kayla M. Chisholm ANTI-BLACKNESS IN IMMIGRATION: A COMPARATIVE ANALYSIS BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES [ESTADOS UNIDOS MEXICANOS] 31 Tulane Journal of International and Comparative Law 145 (Winter, 2023) I. Introduction. 146 II. Prevalence of Anti-Blackness Found in Immigration Law and Policies. 148 A. Brief History of North American Migration Law. 148 B. Overview of Immigration Legal Landscape for Forced Migrants--The United States. 150 C. Overview of Immigration Legal Landscape for Forced Migrants--Mexico. 153 D. Haitian Relations Issues Specific... 2023
Sabrina Balgamwalla , Lauren E. Bartlett ANTI-CARCERAL THEORY AND IMMIGRATION: A VIEW FROM TWO LAW SCHOOL CLINICS 67 Saint Louis University Law Journal 491 (Spring, 2023) This article explores clinical teaching philosophies related to anti-carceral theory and provides examples of how to support student learning in clinics serving immigrant clients. Anti-carceral theory in this context is used to refer to an approach that resists criminalization and incarceration within law, drawing on abolitionism, intersectional... 2023
Nikolas Bowie ANTIDEMOCRACY 135 Harvard Law Review 160 (November, 2021) Democracy can take root anywhere, from community gardens to the most toxic workplace environments. It's planted whenever people treat one another as political equals, allowing everyone in the community, or demos, to share in exercising power, or kratos. Where democracy is allowed to blossom, it can undermine social hierarchies that have long seemed... 2021
Carrie L. Rosenbaum Anti-democratic Immigration Law 97 Denver Law Review 797 (Summer, 2020) [I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized... 2020
Tamas Dezso Ziegler Anti-enlightenment in International Business and Trade Law: a U.s.-- E.u. Comparison 19 Journal of International Business and Law 162 (Spring, 2020) After the inauguration of Donald Trump as president of the U.S. and the success of authoritarian, far-right leaders in certain countries in the E.U., the legal framework of international trade changed drastically. This article elaborates on this phenomenon by highlighting the effect of the Western anti-Enlightenment tradition, a tradition... 2020
Valerie L. Barth Anti-immigrant Backlash and the Role of the Judiciary: a Proposal for Heightened Review of Federal Laws Affecting Immigrants 29 Saint Mary's Law Journal 105 (1997) I. Introduction. 106 II. History and Development of Judicial Review in Alienage Cases. 120 A. Judicial Review of State Laws Classifying Aliens: Invalidating the Special Public Interest Doctrine and Limiting the Political Function Exception. 120 B. Judicial Review of Federal Laws: Why the Special Treatment?. 127 C. The Constitutionality of the... 1997
Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills ANTIRACISM, REFLECTION, AND PROFESSIONAL IDENTITY 18 Hastings Race and Poverty Law Journal 3 (Winter, 2021) Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional... 2021
Pratheepan Gulasekaram , Rick Su , Rose Cuison Villazor Anti-sanctuary and Immigration Localism 119 Columbia Law Review 837 (April, 2019) A new front in the war against sanctuary cities has emerged. Until recently, the fight against sanctuary cities has largely focused on the federal government's efforts to defund states like California and cities like Chicago and New York for resisting federal immigration enforcement. Thus far, localities have mainly prevailed against this federal... 2019
Monica C. Bell Anti-segregation Policing 95 New York University Law Review 650 (June, 2020) Conversations about police reform in lawmaking and legal scholarship typically take a narrow view of the multiple, complex roles that policing plays in American society, focusing primarily on their techniques of crime control. This Article breaks from that tendency, engaging police reform from a sociological perspective that focuses instead on the... 2020
  Appeals 49 Georgetown Law Journal Annual Review of Criminal Procedure 1001 (2020) Jurisdiction. Federal appellate courts generally only review final decisions of the district courts. Thus, an appeal is not allowed from any decision which is tentative, informal or incomplete. In criminal matters, an appeal usually may only be taken after the district court has imposed a sentence. After a notice of appeal is filed, the district... 2020
Samantha Sar Hing APPLYING A REPARATIONS FRAMEWORK TO ADVOCATE FOR MENTAL HEALTH SERVICES FOR CAMBODIAN REFUGEES, 40 YEARS LATER 24 Rutgers Race & the Law Review 203 (2023) My parents suffered PTSD from the Khmer Rouge - to cope, I ran the streets and as a result I am now serving a life sentence. While many scholars have talked generally about why the United States deports refugees, there has been a focus by academics and students into the deportation of Cambodian-American refugees. I utilize a reparations-based... 2023
Carrie Rosenbaum ARBITRARY ARBITRARINESS REVIEW 100 Denver Law Review 773 (Spring, 2023) The Supreme Court's recent immigration law Administrative Procedure Act (APA) jurisprudence demonstrates the anti-democratic potential of this judicial review, which has not yet been explored in scholarly literature. Courts' application of the arbitrary and capricious standard potentially curtails the ability of new presidents to carry out policies... 2023
Anita Sinha Arbitrary Detention? The Immigration Detention Bed Quota 12 Duke Journal of Constitutional Law & Public Policy 77 (Spring, 2017) When President Obama took office in 2009, Congress through appropriations linked the U.S. Department of Homeland Security's (DHS) funding to maintaining 33,400 immigration detention beds a day. This provision, what this Article refers to as the bed quota, remains in effect, except now the mandate is 34,000 beds a day. Since 2009, DHS detentions... 2017
Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy Are Litigation Outcome Disparities Inevitable? Courts, Technology, and the Future of Impartiality 71 Alabama Law Review 893 (2020) Introduction. 895 I. Impartiality and Disparities in Legal Outcomes. 899 A. The Equilibrium. 899 B. Implicit Judicial Biases. 903 C. Structural Biases. 912 D. Attempts to Reduce Outcome Disparities. 919 E. Reducing Disparities Through Online Proceedings?. 924 II. Empirical Study of Legal Outcomes Online and Offline: Disparities and Potential... 2020
Michael Scaperlanda Are We That Far Gone?: Due Process and Secret Deportation Proceedings 7 Stanford Law and Policy Review 23 (Summer, 1996) The Oklahoma City and World Trade Center bombings, coupled with a resurgent anti-immigration sentiment, have led to renewed debate concerning the removal of undesirable aliens from the United States. The Comprehensive Terrorism Prevention Act of 1995 (Terrorism Bill), contains provisions for partially secret ex parte deportation hearings and... 1996
Mary Romero Are Your Papers in Order?: Racial Profiling, Vigilantes, and "America's Toughest Sheriff" 14 Harvard Latino Law Review 337 (Spring 2011) Recent anti-immigrant legislation proposed in Arizona suggests strong nativism sentiment demanding more draconian measures against non-citizens residing illegally in the United States, particularly towards immigrants of color. The use of military language in describing immigration raids conducted by homeland security, along with a growing number of... 2011
India D. Williams Arizona Senate Bill 1070: State Sanctioned Racial Profiling? 36 Journal of the Legal Profession 269 (Fall, 2011) On April 23, 2010, Arizona enacted Senate Bill 1070, which is designed to deter the entry and presence of aliens who lack lawful status under federal immigration law. The measure requires state and local law enforcement officials to undertake the detection of unauthorized aliens in their daily enforcement activities. The enactment of Arizona Senate... 2011
Alicia Lee, William Dong, Natanya DeWeese Arizona V. United States (11-182) 59-AUG Federal Lawyer 57 (August, 2012) In 2010, Arizona enacted the Support Our Law Enforcement and Safe Neighborhoods Act, which creates state immigration offenses and expands local police officers' immigration law enforcement authority. The United States sued Arizona in federal district court, arguing that the state law was pre-empted by federal law, and sought a preliminary... 2012
Patrick B. Reagin Arizona V. United States: Unstitching the Patchwork of Reactionary State-enacted Immigration Legislation Through Federal Preemption 58 Loyola Law Review 1035 (Winter 2012) In 2010, Arizona enacted the Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States. The act mandated unprecedented levels of action by state law enforcement agencies, created new state law... 2012
George A. Martínez Arizona, Immigration, and Latinos: the Epistemology of Whiteness, the Geography of Race, Interest Convergence, and the View from the Perspective of Critical Theory 44 Arizona State Law Journal 175 (Spring 2012) I. Introduction. 176 II. A Critical Perspective on Arizona and the New Immigration Law and Other Laws Impacting Latinos. 179 A. The Epistemology of Whiteness and the Creation of a White Geography or Space in Arizona. 180 B. The Outlawing of Ethnic Studies in Arizona and the Segregation of Knowledge as a Corollary to the Establishment of a White... 2012
Paige Newman Arizona's Anti-immigration Law and the Pervasiveness of Racial Profiling 31 Georgetown Immigration Law Journal 611 (Spring, 2017) Arizona's Senate Bill 1070 (S.B. 1070) was passed in 2010 as an anti-illegal immigration measure and subsequently became known as one of the broadest and strictest laws of its kind at the time it took effect. The law, entitled Support our Law Enforcement and Safe Neighborhoods Act, requires police to determine the immigrant status of someone... 2017
Jennifer R. Phillips Arizona's S.b. 1070 and Federal Preemption of State and Local Immigration Laws: a Case for a More Cooperative and Streamlined Approach to Judicial Review of Subnational Immigration Laws 85 Southern California Law Review 955 (March, 2012) Give me your tired, your poor Your huddled masses yearning to breathe free The wretched refuse of your teeming shore Send these, the homeless, tempest-tost to me I lift my lamp beside the golden door. -- Poet Emma Lazarus, The New Colossus, inscribed beneath the Statue of Liberty [U]nless the stream of their importation could be turned . . . they... 2012
Carlos Hiraldo Arroz Frito with Salsa: Asian Latinos and the Future of the United States 15 Asian American Law Journal 47 (May, 2008) Just as media publications tend to demarcate national and international sections, as if one can be quarantined from the other, discussions of immigrant groups usually isolate the communities concerned. The United States popular media represents Asians and Latinos as separate entities inhabiting separate spheres, presuming no intersection between... 2008
Michael Park Asian American Masculinity Eclipsed: a Legal and Historical Perspective of Emasculation Through U.s. Immigration Practices 8 Modern American Am. 5 (Spring, 2013) This Article provides a critical and historical analysis of the impact of U.S. immigration laws and policies in shaping Asian masculinity norms and the emasculation of the Asian male subject. The article begins with a historical introduction to immigration laws that have affected Asian Americans, particularly, Chinese immigrants. The article then... 2013
Bill Ong Hing Asian Americans and Immigration Reform 17 Asian American Law Journal 83 (2010) The Asian American community has much to gain from progressive immigration reform. Asian Americans abroad make up the bulk of an immigrant entry list that commands a wait of almost two decades in some immigration categories. Many young men and women from Asian American communities face deportation even though they have grown up in the United... 2010
Harvey Gee Asian Americans and the Law: Sharing a Progressive Civil Rights Agenda During Uncertain Times 10 DePaul Journal for Social Justice Just. 1 (Summer, 2017) The November election of Donald J. Trump as the 45 U.S. President heightened ever-growing concerns about a retrenchment of civil rights for Americans, limiting voting rights, invoking tougher criminal penalties, keeping Guantanamo Bay prison open and returning to aggressive interrogation techniques, mass deportations and stricter immigration laws.... 2017
Vinay Harpalani ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS 102 Boston University Law Review 233 (February, 2022) Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... 2022
Kelsey Inouye Asian Americans: Identity and the Stance on Affirmative Action 23 Asian American Law Journal 145 (2016) Introduction. 145 I. The Asian American Identity: Historical and Social Contexts. 147 A. History of Asian Immigration to America. 147 B. History of Asian American Social Movements. 149 II. Meaning(s) of Affirmative Action. 150 III. The Supreme Court Cases and the Changing Meaning of Affirmative Action. 152 A. Affirmative Action Jurisprudence. 153... 2016
Victor C. Romero Asians, Gay Marriage, and Immigration: Family Unification at a Crossroads 15 Indiana International & Comparative Law Review 337 (2005) Family unification has long been a significant component of U.S. immigration policy, and the Asian Pacific American (APA) community has long been a champion of laws that strengthen America's commitment to this goal. The recent emergence of same-gender marriages among state and local governments has caused society to consider more closely its... 2005
Natsu Taylor Saito Asserting Plenary Power over the "Other": Indians, Immigrants, Colonial Subjects, and Why U.s. Jurisprudence Needs to Incorporate International Law 20 Yale Law and Policy Review 427 (2002) I. Human Rights and the Contradictions Within U.S. Law. 427 II. Origins of the Plenary Power Doctrine: The 19th Century Cases. 433 A. Immigrants. 434 B. Indian Nations. 437 C. External Colonies. 443 III. Plenary Power Today: The Doctrine and the Destruction. 447 A. Immigrants. 447 B. Indian Nations. 451 C. External Colonies. 455 IV. The Inadequacy... 2002
Megan K. Bradley Assessing the "Proper Judicial Role" in Reviewing Immigrant Detention 27 Journal of Transnational Law & Policy 137 (2017-2018) I. Introduction. 138 II. Justice Kennedy's view on the Proper Role of the Court in Immigrant Detention. 141 A. A Robust Plenary Power in Immigration. 142 B. Limiting the Plenary Power Doctrine. 144 C. Institutional Shortcomings that Prevent the Judiciary from Answering Immigration Questions. 148 D. Rebutting the Institutional Shortcomings Argument.... 2018
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
Joe A. Tucker Assimilation to the United States: a Study of the Adjustment of Status and the Immigration Marriage Fraud Statutes 7 Yale Law and Policy Review 20 (1989) We do almost no single sensible and deliberate thing to make family life a success. And still the family survives. It has survived all manner of stupidity. It will survive the application of intelligence. Walter Lippmann A couple, who for the purposes of this article shall be identified as the Smiths, a citizen and nonimmigrant student, met and... 1989
Anita Christina Butera Assimilation, Pluralism and Multiculturalism: the Policy of Racial/ethnic Identity in America 7 Buffalo Human Rights Law Review Rev. 1 (2001) In the spring of 1921, 19 year old Annamaria and her 16 year old brother, Giuseppe, had finally completed their voyage to the United States from the Italian town of Palermo. After disembarking from the cramped and unsanitary quarters of the steamship, they wearily endured the endless lines and official inspections of the Ellis Island immigrant... 2001
Kaleigh Dryden ASTRONAUTS AND ASYLUM: INVESTIGATING THE INTERSECTION BETWEEN OUTER SPACE AND IMMIGRATION 84 University of Pittsburgh Law Review 763 (Spring, 2023) This Note explores the emerging intersection of outer space and immigration, specifically whether the United States can lawfully adjudicate asylum claims from astronauts. Although the prospect of astronauts seeking asylum in the United States may seem farfetched, this Note concludes that the U.S. immigration system can legally accept astronauts... 2023
Lindsay M. Harris , Hillary Mellinger ASYLUM ATTORNEY BURNOUT AND SECONDARY TRAUMA 56 Wake Forest Law Review 733 (2021) We are in the midst of a crisis of mental health for attorneys across all practice areas. Illustrating this broader phenomenon, this interdisciplinary Article shares the results of the 2020 National Asylum Attorney Burnout and Secondary Traumatic Stress Survey (Survey). Using well-established tools, such as the Copenhagen Burnout Inventory and... 2021
Aaditya P. Tolappa ASYLUM, RELIGION, AND THE TESTS FOR OUR COMPASSION 98 New York University Law Review Online 55 (April, 2023) Under pressure to turn away noncitizens who fabricate religious affiliation to improve their chances of gaining asylum, immigration judges are known to ask asylum seekers doctrinal questions about their purported religions to assess their overall credibility. Immigration judges administer these religious tests with broad statutory authority to... 2023
Michèle Alexandre At the Intersection of Post-911 Immigration Practices and Domestic Policies: Can Katrina Serve as a Catalyst for Change? 26 Chicana/o-Latina/o Law Review 155 (Spring 2006) First they came for the Communists, but I was not a Communist so I did not speak out. Then they came for the Socialists and the Trade Unionists, but I was neither, so I did not speak out. Then they came for the Jews, but I was not a Jew so I did not speak out. And when they came for me, there was no one left to speak out for me. One of the... 2006
Priya S. Gupta AUTOMATING RACIALIZATION IN INTERNATIONAL LAW 117 AJIL Unbound 156 (2023) From the continuation of colonial power structures in global economic development institutions, to immigration policies that favor applicants from white-majority European countries, to the use of counter-terrorism law to target primarily Muslim people, international law and its domestic analogues reflect and further inscribe racial distinctions and... 2023
Kristin Bohman Avetisyan's Limited Improvements Within the Overburdened Immigration Court System 85 University of Colorado Law Review 189 (Winter 2014) In early 2012, the Board of Immigration Appeals (BIA) decided Matter of Avetisyan, overturning precedent that prohibited immigration judges from administratively closing an immigrant's case over the objection of either party. Avetisyan enables immigration judges to administratively close a case and remove it from their active dockets, subject to... 2014
Chris F. Wright , Stephen Clibborn Back Door, Side Door, or Front Door? An Emerging De-facto Low-skilled Immigration Policy in Australia 39 Comparative Labor Law and Policy Journal 165 (Fall, 2017) Official routes of immigration can be conceptualized as small doors that permit entry selectively to certain categories of migrants deemed desirable. These small doors are situated within a much bigger protective wall of immigration control erected to deny entry to many other would-be migrants who fall outside of the selection criteria.... 2017
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