AuthorTitleCitationSummaryYear
Jorge M. Chavez, Anayeli Lopez, Christine M. Englebrecht, Ruben P. Viramontez Anguiano Sufren Los Niños: Exploring the Impact of Unauthorized Immigration Status on Children's Well-being 50 Family Court Review 638 (October, 2012) The present study examines the effect of unauthorized immigration status on child well-being at a time of elevated immigration rates, economic decline, and unprecedented local lawmaking related to immigration. Immigrant families today are likely to differ from those of the past in that they are more likely to be from Latin America or the Caribbean... 2012
Samantha L. Chetrit Surviving an Immigration Marriage Fraud Investigation: All You Need Is Love, Luck, and Tight Privacy Controls 77 Brooklyn Law Review 709 (Winter, 2012) Married couples anxiously awaiting interviews with an immigration officer are assured all you need is love. They are told not to worrya fraud interview should not cause concern if their marriage is bona fide. But any couple that has blindly walked into an interview that will determine the validity of its marriage soon discovers the stakes are... 2012
Ruben J. Garcia Ten Years after Hoffman Plastic Compounds, Inc. V. Nlrb: the Power of a Labor Law Symbol 21 Cornell Journal of Law & Public Policy 659 (Spring 2012) Introduction. 659 I. The Road to Immigrant Incorporation in the Labor Movement. 663 II. The Hoffman Case: Its Ancestry and Progeny. 665 A. The Pre-Hoffman Legal Climate. 665 B. The Hoffman Decision. 666 III. The Immigrants' Rights Movement, 2002-Present. 668 IV. Assessing the True Impact of Hoffman. 669 V. Hoffman As Legal Symbol. 673 Conclusion.... 2012
Jennifer Gordon Tensions in Rhetoric and Reality at the Intersection of Work and Immigration 2 UC Irvine Law Review 125 (February, 2012) I. Advocates' Core Economic and Workers Rights Arguments. 128 A. Economic. 128 B. Workers Rights. 131 II. Tensions Within and Between the Two Arguments. 135 A. Looking Behind Jobs Americans Won't Do . 136 B. Disaggregating Economists' Findings. 138 C. A Caveat. 143 III. Conclusion. 145 2012
Brittney M. Lane Testing the Borders: the Boundaries of State and Local Power to Regulate Illegal Immigration 39 Pepperdine Law Review 483 (February, 2012) I. Introduction II. Defining the Borders: The Historical Boundaries of State and Federal Immigration Powers A. This Land Is My Land: Immigration Power from the Colonial Era to the Constitution B. This Land Is Your Land: Federalizing Immigration Power C. A Hole in the Federal Fence: State Police Power Revisited 1. De Canas v. Bica and the State's... 2012
Angela M. Banks The Curious Relationship Between "Self-deportation" Policies and Naturalization Rates 16 Lewis & Clark Law Review 1149 (Winter, 2012) Governor Mitt Romney has stated that the country's immigration problems can be solved through self-deportation. Arizona, Alabama, Georgia, South Carolina, and Virginia agree. For example, K-12 public schools in Alabama are required to ascertain the immigration status of all enrolling students. Police officers in Arizona, Alabama, Georgia, South... 2012
Adriane Meneses The Deportation of Lawful Permanent Residents for Old and Minor Crimes: Restoring Judicial Review, Ending Retroactivity, and Recognizing Deportation as Punishment 14 Scholar: St. Mary's Law Review on Minority Issues 767 (2012) I. Introduction. 769 II. Legal History of Criminal Consequences in Immigration Law. 778 A. The Historical Expansion of Grounds of Deportation. 778 1. Crimes Involving Moral Turpitude (CIMTs). 779 2. Narcotics Offenses. 780 3. Evolving Definition of Aggravated Felony . 781 4. 1996 Laws: AEDPA and IIRIRA. 781 B. Elimination of Judicial Review and... 2012
Robert A. Ferguson The Immigrant Plight/immigration Law: a Study in Intractability 2 Columbia Journal of Race and Law 241 (2012) Intractable problems, ones that defy solution because of conflicting lines of force, almost always require an outside catalyst for any movement toward an answer. This Essay explores intractability through two parallel historical moments of conflict: debate over slavery in ante-bellum America and debate over aliens in current America. Severe... 2012
S. Karthick Ramakrishnan , Pratheepan Gulasekaram The Importance of the Political in Immigration Federalism 44 Arizona State Law Journal 1431 (Winter 2012) This Article provides a systematic, empirical investigation of the genesis of state and local immigration regulations, discrediting the popular notion that they are caused by uneven demographic pressures across the country. It also proffers a novel theory to explain the proliferation of these policies and queries the implications of this new model... 2012
Kim McLane Wardlaw The Latino Immigration Experience 31 Chicana/o-Latina/o Law Review 13 (2012) Although we are a country of immigrants and their descendants, the United States has a long history of targeting certain religious, ethnic, and racial groups using laws that appear facially neutral. We are once again experiencing a wave of discrimination against immigrants, and it is once again targeted toward Latinos, and predominantly Mexicans.... 2012
César Cuauhtémoc García Hernández The Perverse Logic of Immigration Detention: Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness 1 Columbia Journal of Race and Law 353 (July, 2012) Karl Marx and Friedrich Engels close the first part of the Communist Manifesto by writing, What the bourgeoisie, therefore, produces, above all, is its own grave-diggers. Its fall and the victory of the proletariat are equally inevitable. More than a century and a half after Marx and Engels first published that hope, the modern proletariat... 2012
Mariano-Florentino Cuéllar The Political Economies of Immigration Law 2 UC Irvine Law Review Rev. 1 (February, 2012) A largely dysfunctional American immigration system is only poorly explained by simple depictions of the political economy of lawmaking on this issue, blaming factors such as deliberate economic policy choices, longstanding public attitudes, explicit presidential decisions, or general gridlock. Instead, the structure of immigration law emerges from... 2012
Laura Donohue The Potential for a Rise in Wrongful Removals and Detention under the United States Immigration and Customs Enforcement's Secure Communities Strategy 38 New England Journal on Criminal and Civil Confinement 125 (Winter 2012) The terrorist attacks of September 11, 2001 not only brought down New York City's Twin Towers, but spurred a major reorganization of the federal government's approach to immigration enforcement. In 2002, Congress passed the Homeland Security Act (HSA) creating the Department of Homeland Security (DHS), abolishing the Immigration and Naturalization... 2012
Michael Hernandez The Rule of Law, Historical Equity, and Mexican Contra Prohibition Immigrants 9 Regent Journal of International Law 29 (2012) Events surrounding the recent Presidential election revealed a contentious and politically charged debate regarding immigration issues. President Obama's failure to uphold his campaign promise to pursue comprehensive immigration reform alienated some of his base on the left. His administration's recent adoption of regulations providing immigrants... 2012
Jennifer M. Chacón The Transformation of Immigration Federalism 21 William & Mary Bill of Rights Journal 577 (December, 2012) CHIEF JUSTICE ROBERTS: Before you get into what the case is about, I'd like to clear up at the outset what it's not about. No part of your argument has to do with racial or ethnic profiling, does it? I saw none of that in your brief. GENERAL VERRILLI: Where-that's correct, Mr. Chief Justice. CHIEF JUSTICE ROBERTS: Okay. So this is not a case about... 2012
Allegra M. McLeod The U.s. Criminal-immigration Convergence and its Possible Undoing 49 American Criminal Law Review 105 (Winter, 2012) The intensifying convergence of U.S. criminal law and immigration law poses fundamental structural problems. This convergence--which manifests in the criminal prosecution of immigration law violators, in deportation of criminal law violators, and in a growing immigration enforcement and detention apparatus--distorts criminal law incentives and... 2012
Jennifer Lee Koh The Whole Better than the Sum: a Case for the Categorical Approach to Determining the Immigration Consequences of Crime 26 Georgetown Immigration Law Journal 257 (Winter, 2012) The immigration laws have long described categories of crimes that lead to adverse immigration consequences, such as deportation. But how should adjudicators assess whether a given conviction triggers an adverse immigration consequence? The federal courts and administrative agencies have typically employed a methodology--known as the categorical... 2012
Julie Stewart, Thomas Christian Quinn To Include or Exclude: a Comparative Study of State Laws on In-state Tuition for Undocumented Students in the United States 18 Texas Hispanic Journal of Law and Policy Pol'y 1 (Fall 2012) Introduction. 2 I. State-Level Immigration Politics in a National Context. 6 A. Social Science Theories of State-Level Legislation. 8 II. Utah: A Classic New Immigration Destination. 14 A. Utah's H.B. 144: A Unique History and an Uncertain Future. 17 III. In-State Tuition Laws in a National Context. 32 A. The Case of Illinois. 36 B. The Case of... 2012
Travis Silva Toward a Constitutionalized Theory of Immigration Detention 31 Yale Law and Policy Review 227 (Fall 2012) Introduction. 228 I. The Plenary Power Doctrine and Immigration Detention. 230 A. The Origin of the Plenary Power Doctrine. 230 B. Judicial Limitations and Scholarly Criticism. 234 C. The Structure of Immigration Detention. 238 II. Why a Constitutionalized Theory. 243 A. Habeas Corpus, Noncitizens, and Nonpunitive Detention. 243 B. Due Process at... 2012
Anna Natalie Rol U.s. Vs. Them: a Perspective on U.s. Immigration Law Arising from United States V. Rosales-garcia and the Combination of Imprisonment and Deportation 90 Denver University Law Review 769 (2012) This Comment centers on immigration law, specifically, U.S. immigration law. United States v. Rosales-Garcia, a recently published case from the Tenth Circuit, was the original diving board for the thoughts that follow. In Rosales-Garcia, Raul Rosales-Garcia (Rosales), an undocumented immigrant, had been deported following a state drug conviction... 2012
Molly F. Franck Unlawful Arrests and Over-detention of America's Immigrants: What the Federal Government Can Do to Eliminate State and Local Abuse of Immigration Detainers 9 Hastings Race and Poverty Law Journal 55 (Winter 2012) Marcotulio Mendez was a twenty-eight year-old Latino male who lived in Palm Beach County, Florida. One day while Marcotulio was driving home, a police officer from the Sheriff's Office began discretely following him, just a few blocks before Marcotulio reached his residence. Once Marcotulio exited the car and entered his yard, the officer turned on... 2012
Michael S. Shaddix Usda Certified Legal Producers: a Program to Give Consumers a Voice and a Choice in Immigration Reform 21 San Joaquin Agricultural Law Review 291 (2011-2012) The illegal immigration of Mexican farm workers into the United States is a complex and far-reaching issue that affects businesses, consumers, and immigrants alike. In fact, the illegal immigration issue is the impetus behind vast amounts of proposed legislation at the local, state and national levels, with seventy-five percent of Americans... 2012
Leticia M. Saucedo , Maria Cristina Morales Voices Without Law: the Border Crossing Stories and Workplace Attitudes of Immigrants 21 Cornell Journal of Law & Public Policy 641 (Spring 2012) Introduction. 641 I. Border Crossing and Workplace Narratives in Action: The Construction Worker Project. 642 II. Background: A Brief History of the Growing Restrictions in Immigration Law. 643 A. The Current Border Crossing Landscape. 647 1. The Realities: Death, Trafficking, Injury and Economic Costs. 647 III. The Masculinities Narratives:... 2012
Matthew A. Light What Does it Mean to Control Migration? Soviet Mobility Policies in Comparative Perspective 37 Law and Social Inquiry 395 (Spring, 2012) The migration policies of the former Soviet Union (or USSR) included a virtual abolition of emigration and immigration, an effective ban on private travel abroad, and pervasive bureaucratic controls on internal migration. This article outlines this Soviet package of migration controls and assesses its historical and international distinctiveness... 2012
Hiroshi Motomura Who Belongs?: Immigration Outside the Law and the Idea of Americans in Waiting 2 UC Irvine Law Review 359 (February, 2012) I. Borders, Equality, and Integration. 361 A. Plyler v. Doe. 361 B. Borders Versus Equality. 363 C. Reconciling Borders with Equality. 365 D. The Role of Integration. 365 II. Immigration, Citizenship, Race, and Integration. 368 A. The Burdens of History. 368 B. The Cycle of Skepticism. 371 III. Integration and Immigration Outside the Law. 373 A.... 2012
Rick Su Working on Immigration: Three Models of Labor and Employment Regulation 51 Washburn Law Journal 331 (Spring 2012) The desire to tailor our immigration system to the economic interests of our nation is as old as its founding. Yet after more than two centuries of regulatory tinkering, we seem no closer to finding the right balance. Contemporary observers largely ascribe this failure to conflicts over immigration, from disagreements about its economic impact to... 2012
Violeta R. Chapin ¡Silencio! Undocumented Immigrant Witnesses and the Right to Silence 17 Michigan Journal of Race and Law 119 (Fall 2011) At a time referred to as an unprecedented era of immigration enforcement, undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's immigration status, resulting in detention and deportation for the... 2011
Scott Titshaw A Modest Proposal to Deport the Children of Gay Citizens, & Etc.: Immigration Law, the Defense of Marriage Act and the Children of Same-sex Couples 25 Georgetown Immigration Law Journal 407 (Winter, 2011) The Defense of Marriage Act (DOMA), which defines the terms marriage and spouse for federal purposes, clearly prevents the recognition of same-sex spouses under U.S. immigration law. Unless judges and immigration officials are careful to limit it as Congress intended, DOMA might also have a tragic unintended effect on some parent-child... 2011
Berta Esperanza Hernández-Truyol A Need for Culture Change: Glbt Latinas/os and Immigration 6 FIU Law Review 269 (Spring, 2011) In conversations about Latina/o immigration, such as the one that took place at LLEADS #2: The U.S. Immigration Crises: Enemies at Our Gates or Lady Liberty's Huddled Masses?, there is one issue that we tend not to address. There exists a Latina/o immigration cuento normativo (normative narrative) that obscures and denies an entire group of... 2011
Carmen Gloria Iguina Adapting to 287(g) Enforcement: Rethinking Suppression and Termination Doctrines in Removal Proceedings in Light of State and Local Enforcement of Immigration Law 86 New York University Law Review 207 (April, 2011) Two legal doctrines govern the suppression of evidence and termination of removal proceedings following constitutional or regulatory violations in immigration enforcement. The Lopez-Mendoza doctrine governs suppression of evidence obtained in violation of constitutional rights. The Accardi doctrine governs suppression of evidence and termination of... 2011
Keith Cunningham-Parmeter Alien Language: Immigration Metaphors and the Jurisprudence of Otherness 79 Fordham Law Review 1545 (March, 2011) Metaphors tell the story of immigration law. Throughout its immigration jurisprudence, the U.S. Supreme Court has employed rich metaphoric language to describe immigrants attacking nations and aliens flooding communities. This Article applies research in cognitive linguistics to critically evaluate the metaphoric construction of immigrants in the... 2011
John Gibeaut Alien Resurrection: Justices Open the Door for States to Control Immigration Status 97-AUG ABA Journal 22 (August, 2011) In one respect, the U.S. Supreme Court issued an opinion so narrow it squeaked when it upheld an Arizona state law that can harshly punish employers who hire illegal immigrants. Indeed, Arizona business leaders say they expect little change in their state as a result of the May 26 decision in Chamber of Commerce v. Whiting. But in another respect,... 2011
Kayleigh Scalzo American Idol: the Domestic and International Implications of Preferencing the Highly Educated and Highly Skilled in U.s. Immigration Law 79 George Washington Law Review 926 (April, 2011) Anna and Peter both live in Poland. Anna is a waitress, and none of her family members has ever been to the United States. Peter is a highly acclaimed ballet dancer, having performed with the best companies worldwide. Like Anna, none of his family members has ever been to the United States. Both Anna and Peter would like to immigrate to the United... 2011
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
Nick Petree Born in the Usa: an All-american View of Birthright Citizenship and International Human Rights 34 Houston Journal of International Law 147 (Fall 2011) I. INTRODUCTION. 148 II. IMMIGRATION AND CITIZENSHIP IN THE UNITED STATES. 151 A. History of Immigration. 151 B. Citizenship. 153 III. THE HISTORY AND RIGHTS UNDERLYING THE FOURTEENTH AMENDMENT. 159 A. Debate Over the Meaning. 159 B. The Historical Context of the Fourteenth Amendment. 163 C. Conflict Between the Purpose of the Fourteenth Amendment... 2011
Benny Agosto, Jr. , Lupe Salinas , Eloisa Morales Arteaga But Your Honor, He's an Illegal!--ruled Inadmissible and Prejudicial 17 Texas Hispanic Journal of Law and Policy 27 (Spring, 2011) C1-3Summary I. Introduction. 29 II. The Development of the American Immigrant Population. 30 III. The Treatment of Undocumented Aliens and Others in Criminal Cases. 34 A. Rule 403 Unfair Prejudice Standards. 34 B. Presentation of Unfairly Prejudicial Testimony in Criminal Cases. 35 1. Old Chief v. United States. 35 2. The State of Texas v. Ricardo... 2011
Matthew C. Arentsen Chamber of Commerce V. Edmondson: Employment Authorization Laws, States' Rights, and Federal Preemption--an Informed Approach 88 Denver University Law Review 375 (Spring, 2011) Few issues are as divisive in American politics as illegal immigration. The Republican and Democratic parties are engaged in a virtual stalemate on the issue, and many would argue that the federal government's comprehensive overhaul of immigration law--the Immigration Reform and Control Act of 1986 (IRCA)--has been largely ineffective at stemming... 2011
Guillermo M. Hernández, III Closing the Courthouse Doors: the Implications of the Discovery of Immigration Related Facts and the Effects of § 30.014 of the Texas Civil Practice & Remedies Code 13 Scholar: St. Mary's Law Review on Minority Issues 673 (Spring 2011) I. Introduction. 674 II. Discovery of Immigration Related Facts in Civil Litigation. 679 A. Discovery Procedures. 679 B. The Types of Claims Discovery of Immigration Related Facts Effect. 680 1. Labor and Employment Claims. 680 2. Violence, Abuse, Sexual Harassment, and Trafficking Laws. 683 C. State of Law Regarding the Discoverability of... 2011
Susan K. Serrano Collective Memory and the Persistence of Injustice: from Hawai'i's Plantations to Congress--puerto Ricans' Claims to Membership in the Polity 20 Southern California Review of Law & Social Justice 353 (Summer 2011) At the dawn of the twentieth century--after the United States' successful takeover of Puerto Rico, Hawaii, the Philippines, and Guam--burgeoning American agribusiness sought to control immigrant workers from around the world. In particular, it targeted recalcitrant Puerto Ricans organizing mass resistance to oppressive working and living... 2011
Glenys P. Spence Colonial Relics: Unearthing the Lingering Tyranny of Colonial Discourse in U.s.-caribbean Immigration Law and Policy 26 Journal of Civil Rights & Economic Development 127 (Fall 2011) Immigration law is constantly evolving. It is one of the most dynamic and multi-faceted areas of law. Specifically, in the space of asylum and refugee law, practitioners, immigration judges and our appellate courts face a daunting task of reconciling the law with the plethora of human misery that flock to our shores. The laws are plagued with... 2011
John D. Skrentny, Micah Gell-Redman Comprehensive Immigration Reform and the Dynamics of Statutory Entrenchment 120 Yale Law Journal Online 325 (March 18, 2011) In his 2008 campaign, then-Democratic presidential candidate Barack Obama promised comprehensive immigration reform. Two years into his Administration, and despite continued efforts to promote reform, there has not even been a vote in Congress on a comprehensive bill. President Obama's predecessor, Republican George W. Bush, also promised... 2011
Roy G. Spece, Jr. Constitutional Attacks Against the Patient Protection and Affordable Care Act's "Mandating" That Certain Individuals and Employers Purchase Insurance While Restricting Purchase by Undocumented Immigrants and Women Seeking Abortion Coverage 38 Northern Kentucky Law Review 489 (2011) I. Introduction: Four Contexts for Constitutional Analysis 490 II. Certain Historical Events, Situations and Processes that Preceded the PPACA 499 III. A Brief Description of Parts of the PPACA 508 A. Assumptions for Purposes of Analysis 508 B. A Global Overview 508 C. Additional Info about the PPACA Provisions Most Relevant Here 513 1. Exchanges... 2011
Britta S. Loftus Coordinating U.s. Law on Immigration and Human Trafficking: Lifting the Lamp to Victims 43 Columbia Human Rights Law Review 143 (Fall, 2011) Keep, ancient lands, your storied pomp! cries she With silent lips. 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! There can be no doubt that the image of a stoic Lady Liberty welcoming... 2011
Juliet P. Stumpf Designing Populations: Lessons in Power and Population Production from Nineteenth-century Immigration Law 64 Vanderbilt Law Review En Banc 29 (February 22, 2011) I. Integration and the Production of Culture. 31 A. Ingredients of Exclusion. 32 B. Ingredients of Inclusion. 33 C. Modern Integration and Change. 35 II. Who Decides?. 37 A. Federal, State, Local, and Private Decisionmakers. 38 B. Who Integrates. 41 Conclusion. 42 2011
Natasha Lycia Ora Bannan Domestic Workers and Their Right to Be Heard: Residential Picketing Makes Visible the Invisible 4 the crit: a Critical Studies Journal 112 (Spring, 2011) C1-3TABLE OF CONTENTS I. Introduction 112 II. Who Are Domestic Workers? 113 A. Domestic Work is Women's Work 113 B. Domestic Workers - The Unnoticed Work of Immigrant Women of Color 117 C. The Need and Challenges for Organizing Workers 121 III. The Right to Picket vs. Right of Privacy 123 A. The Right to Privacy: Time, Place and Manner Restrictions... 2011
Roger Clegg E Pluribus Unum Forgotten: Five Immigration Policy Mistakes Some Conservatives Make 23 Regent University Law Review 345 (2010-2011) This Article discusses five mistakes that some conservatives are currently making with respect to immigration policy. The following are the five mistakes: 1. Neglecting the importance of assimilation in the public debate about immigration, 2. Opposing birthright citizenship, 3. Supporting racial profiling, 4. Supporting state and local (versus... 2011
Jamie Longazel , Benjamin Fleury-Steiner Exploiting Borders: the Political Economy of Local Backlash Against Undocumented Immigrants 30 Chicana/o-Latina/o Law Review 43 (2011) Once they cross the border . . . They come into cities such as Hazleton. It's like a cancer. - Hazleton Mayor Louis J. Barletta, May 2006 The system is broken, the border is broken. We all know what we need . . . People in Arizona have made it very, very clear. Let's talk about the problem that is at hand. Let's secure the border. - Arizona... 2011
Lindsay Nash Expression by Ordinance: Preemption and Proxy in Local Legislation 25 Georgetown Immigration Law Journal 243 (Winter, 2011) Local laws based on immigration status have prompted heated national debate on federalism and discrimination. A second strain of nuisance-related legislation has emerged in recent years, which often targets these same immigrant communities. This article examines the hitherto-understudied correlation between ordinances explicitly related to... 2011
Keith Cunningham-Parmeter Forced Federalism: States as Laboratories of Immigration Reform 62 Hastings Law Journal 1673 (July, 2011) Ever since Justice Louis Brandeis characterized states as laboratories of democracy, judges and scholars have championed the ability of states to offer a diverse array of solutions to complex national problems. Today, proponents of enhanced immigration restrictions apply the same rationale to state immigration laws. This Article challenges the... 2011
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