Nchimunya D. Ndulo State Employer Sanctions Laws and the Federal Preemption Doctrine: the Legal Arizona Workers Act Revisited 18 Cornell Journal of Law & Public Policy 849 (Summer 2009) As the desire to seize upon employment opportunities within the United States persists, illegal immigration continues to rise. Some states are disproportionately affected by this phenomenon, and as a result, frustration continues to mount in response to what is perceived as an ineffective attempt by the federal government to regulate illegal... 2009
Laila Aziz, Nicole Sykes State Government 28 Georgia State University Law Review 51 (Fall, 2011) Illegal Immigration Reform and Enforcement Act of 2011: Enact the Illegal Immigration Reform and Enforcement Act of 2011; Amend Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, Relating to Security and Immigration Compliance, so as to Provide Penalties for the Failure of a Public Employer to Utilize the Federal Work... 2011
Pooja R. Dadhania STATE RESPONSIBILITY FOR FORCED MIGRATION 64 Boston College Law Review 745 (April, 2023) Introduction. 746 I. Forced Migration and the Potential Role of State Responsibility. 750 A. Gaps in International Refugee Law's Protection of Forced Migrants. 750 B. The Doctrine of State Responsibility. 753 II. Overview of the Forced Migration Case Studies. 757 A. The 2022 Russian Invasion of Ukraine. 758 B. The 2003 U.S.-Led Invasion of Iraq.... 2023
Huyen Pham , Pham Hoang Van State-created Immigration Climates and Domestic Migration 38 University of Hawaii Law Review 181 (Winter, 2016) With comprehensive immigration reform dead for the foreseeable future, immigration laws enacted at the subfederal level--cities, counties, and states--have become even more important. Arizona has dominated media coverage and become the popular representation of the states' response to immigration by enacting SB 1070 and other notoriously... 2016
Christie Hobbs State-federal Partnerships in Immigration Enforcement: Is the Trend Right for Texas? 8 Texas Tech Administrative Law Journal 141 (Spring, 2007) Be careful in revising those immigration laws of yours. We got careless with ours. -Advice allegedly given to Vice President Hubert Humphrey by a Native American Illegal immigration is a growing burden on state and local entities. Its impact is felt in job markets, health care, education, and law enforcement. Though the United States Congress has... 2007
Zoha Waseem STATELESS AND VULNERABLE: RACE, POLICING, AND CITIZENSHIP IN PAKISTAN 46 PoLAR: Political and Legal Anthropology Review 128 (May, 2023) Some time ago, I approached a senior police officer in Pakistan, hoping to pitch a participatory action research project. The one I had in mind, I hoped, would help improve police-community interactions, especially in the context of migrant communities and those social groups rendered vulnerable due to their contested citizenship status or because... 2023
Peter A. Le Piane Stateless Corporations: Challenges the Societas Europaea Presents for Immigration Laws 18 Saint John's Journal of Legal Commentary 311 (Fall 2003) Since the 1882 Chinese Exclusion Act, the United States has instituted complex and systematic controls on immigration. Under the current system of immigration, an alien who intends to enter the United States is inadmissible unless he or she fits into one of the narrowly defined exceptions embodied by the alphabet soup of visa categories and is... 2003
Juliet P. Stumpf States of Confusion: the Rise of State and Local Power over Immigration 86 North Carolina Law Review 1557 (September, 2008) Federal immigration law has evolved from a stepchild of foreign policy into a national legislative and regulatory scheme that intersects with the triumvirate of state power: criminal law, employment law, and welfare. Shifting the locus of immigration law out of the category of foreign affairs and into these domestic spheres casts immigration law... 2008
Anthony C. Thompson Stepping up to the Challenge of Leadership on Race 48 Hofstra Law Review 735 (Spring, 2020) First and foremost, I want to thank you for inviting me to deliver this keynote address. I applaud your choice to participate in a conference on difference and leadership because these are critical issues that deserve our best thinking and our collective attention. I have watched with great interest as organizations from global businesses, to law... 2020
Naima Fifita STEPS TOWARD A "DIGNIFIED" CLIMATE-MIGRATION FOR PACIFIC PEOPLES 24 Asian-Pacific Law and Policy Journal 53 (Spring, 2023) I. Introduction. 53 II. What Are We Fighting For?. 59 A. The Environmental Wrong. 59 B. Existing Refugee Framework and its Inadequacy in the Face of Climate Migration. 62 III. A Values-Based Analytical Framework. 65 A. Tu Tokotasi: Self-Determination and Environmental Justice in the Context of Climate Change and Climate-Induced Migration. 67 1.... 2023
Reviewed By Michael Scaperlanda Stirring the Melting Pot: a Recipe for Immigrant Acceptance the Immigration Crucible: Transforming Race, Nation, and the Limits of the Law. By Philip Kretsedemas. New York, New York: Columbia University Press, 2012. 232 Pages. $28.00 91 Texas Law Review 1171 (April, 2013) The interstate highway made distant what had been close, and close what had been distant. In The Immigration Crucible, Philip Kretsedemas hopes to break the habit of developing arguments that are simply reactions to the other side and desires to map a political, cultural, and economic terrain that . . . provides some new insights into why so... 2013
Abigail Stepnitz STORIED PASTS: CREDIBILITY AND EVOLVING NORMS IN ASYLUM NARRATIVES 1989-2018 41 Minnesota Journal of Law & Inequality 1 (Summer, 2023) This Article develops a frame work for under standing the emergence and evolution of structural and substantive norms in asylum narratives over time. First, I offer a historical framework which shows how these norms evolve as a result of combined legal, political, cultural, and institutional changes. Institutional norms are infused with politics.... 2023
Linda Kelly Stories from the Front: Seeking Refuge for Battered Immigrants in the Violence Against Women Act 92 Northwestern University Law Review 665 (Winter 1998) We met at a vocational and technical education school. We began dating and fell in love. I was four months into my pregnancy when we got married. The abuse started when I became pregnant and gradually progressed in severity. . . . The verbal insults turned into physical abuse. When I fought back he would beat me and then force me to have sex with... 1998
Joy Kanwar STORIES FROM THE NEGATIVE SPACES: UNITED STATES v. THIND AND THE NARRATIVE OF (NON)WHITENESS 74 Mercer Law Review 801 (Spring, 2023) You must never be limited by external authority, whether it be vested in a church, [person] or book. It is your right to question, challenge, and investigate. - Bhagat Singh Thind For years, Bhagat Singh Thind's case has resonated in my mind. I thought of it in the days after September 11, 2001, when a group of attorneys and I scrambled to... 2023
Gloria Valencia-Weber, Antoinette Sedillo Lopez Stories in Mexico and the United States about the Border: the Rhetoric and the Realities 5 Intercultural Human Rights Law Review 241 (2010) Immigration was a hot topic before the failure of the June 2007 United States (U.S.) President's Immigration Reform Bill and remains so today. President Obama has promised to work on comprehensive immigration reform. This initiative will, of course, involve popular discourse and press coverage. During the time in which the 2007 Immigration Reform... 2010
R. Mark Frey Strange Neighbors: the Role of States in Immigration Policy Edited by Carissa Byrne Hessick and Gabriel J. Chin New York University Press, New York, Ny, 2014. 266 Pages, $45 62-SEP Federal Lawyer 84 (September, 2015) Our nation has been stretched taut since its beginning by the pull between federal power and states' rights concerning matters such as abortion, zoning, civil rights, and, yes, even immigration. Although immigration is traditionally viewed as within the federal purview, in recent years the states have tried to resolve some of the problems... 2015
Kathryn Nicole Lewis Streets of Wrath: the Constitutionality of the Town of Jupiter's Non-solicitation Ordinance 37 Stetson Law Review 471 (Winter 2008) Whether it is discussed in the context of homeland security, economic implications, or allegations of racism, the issue of immigration is a perennial hot-button topic. Though much of the debate and discussion takes place at the national level as various talking heads argue the merits of guest-worker programs versus fence-building initiatives, the... 2008
Jennifer K. Danburg Strengthening Employer Sanctions Through Worker Identification Cards and a National Data Base: Effective Barriers to Illegal Immigration? 9 Georgetown Immigration Law Journal 525 (Summer, 1995) Much recent debate has focused over how to decrease the number of immigrants who cross the border illegally, as illegal immigrants in the United States have been blamed for many social and economic problems. Proceeding on the premise that employment is the key incentive for illegal immigration, Congress has imposed employer sanctions to curb the... 1995
Gwendolyn Roberts Majette Striving for the Mountaintop--the Elimination of Health Disparities in a Time of Retrenchment (1968--2018) 12 Georgetown Journal of Law & Modern Critical Race Perspectives 145 (Fall, 2020) Health disparities in the United States are real. People of color are the adverse beneficiaries of these facts--lower life expectancy, higher rates of morbidity and mortality, and poorer health outcomes in general. This Article analyzes the laws and policies that improve and create barriers to improving people of color's health since the death of... 2020
Erin Carrington Smith STUCK IN THE WAITING ROOM: WHY AND HOW MARYLAND SHOULD CLOSE HEALTHCARE GAPS THAT LEAVE IMMIGRANT WOMEN BEHIND 53 University of Baltimore Law Forum 159 (Spring, 2023) Maryland has a robust and ever-increasing immigrant population. As of 2019, just over fifteen percent of the state's population (929,431) was foreign born, forty-eight percent (447,466) of whom remained noncitizens. In 2016, about 275,000 immigrants were undocumented. Maryland has long recognized the importance of ensuring its immigrant population... 2023
Laila L. Hlass, Mary Yanik STUDYING THE HAZY LINE BETWEEN PROCEDURE AND SUBSTANCE IN IMMIGRANT DETENTION LITIGATION 58 Harvard Civil Rights-Civil Liberties Law Review 203 (Winter, 2023) At age six, Hyung Joon Kim came to the United States with his family. Two years later, he became a lawful permanent resident (LPR). Mr. Kim grew up in California, where he attended public schools. In 1996, at age 18, his life was irreparably changed. After breaking into a tool shed with high school friends, he was convicted of burglary. He earned... 2023
Huyen Pham , Pham Hoang Van Subfederal Immigration Regulation and the Trump Effect 94 New York University Law Review 125 (April, 2019) The restrictive changes made by the Trump presidency on U.S. immigration policy have been widely reported: the significant increases in both interior and border enforcement, the travel ban prohibiting immigration from majority-Muslim countries, and the decision to terminate the Deferred Action for Childhood Arrivals (DACA) program. Beyond the... 2019
Pratheepan Gulasekaram Sub-national Immigration Regulation and the Pursuit of Cultural Cohesion 77 University of Cincinnati Law Review 1441 (Summer 2009) Introduction. 1443 I. Sub-national Legislation and the Importance of Cultural Cohesion. 1448 A. The Relationship Between National Border Control and Sub-national Immigration Regulation. 1449 B. The Importance of Cultural Cohesion and Continuity. 1451 II. Proscriptions on Sub-national Pursuit of Cultural Cohesion Through Closure. 1456 A. Cultural... 2009
Jorge M. Chavez, Anayeli Lopez, Christine M. Englebrecht, Ruben P. Viramontez Anguiano Sufren Los NiƱos: 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
Brian Owsley SUPPLY AND DEMAND IN THE ILLEGAL EMPLOYMENT OF UNDOCUMENTED WORKERS 71 Catholic University Law Review 227 (Spring, 2022) The United States is in a quandary regarding immigration. There are over eleven million undocumented aliens residing in the country with about eight million of them working in the American economy. The federal government has criminalized the illegal entry and the illegal reentry into the United States. Moreover, it has enacted a statute making it... 2022
Kristin Booth Glen Supported Decision-making from Theory to Practice: Further Reflections on an Intentional Pilot Project 13 Albany Government Law Review 94 (2019-2020) Supported decision-making (SDM) for persons with intellectual and developmental disabilities (I/DD) has been part of legal scholarly discourse for more than a decade, but has, at least in the United States, entered the real world of practice only recently. Whether as a means to the lofty goal of a human right to legal capacity, as set forth in... 2020
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
Rashida Richardson, Amba Kak SUSPECT DEVELOPMENT SYSTEMS: DATABASING MARGINALITY AND ENFORCING DISCIPLINE 55 University of Michigan Journal of Law Reform 813 (Summer, 2022) Algorithmic accountability law--focused on the regulation of data-driven systems like artificial intelligence (AI) or automated decision-making (ADM) tools--is the subject of lively policy debates, heated advocacy, and mainstream media attention. Concerns have moved beyond data protection and individual due process to encompass a broader range of... 2022
Karen C. Tumlin Suspect First: How Terrorism Policy Is Reshaping Immigration Policy 92 California Law Review 1173 (July, 2004) Introduction. 1175 I. Immigrants Are People: The Traditional Constitutional Rights of Immigrants. 1182 II. The Government's Creation of a Suspect Group of Immigrants. 1184 III. The Erosion of Civil Liberties and Immigrants' Rights Since 9/11. 1193 A. Encroachment on the Public's Right to Information. 1193 B. Physical Liberty Violations. 1197 IV.... 2004
John Harras Suspicious Suspect Classes--are Nonimmigrants Entitled to Strict Scrutiny Review under the Equal Protection Clause?: an Analysis of Dandamudi and Leclerc 88 Saint John's Law Review 849 (Fall 2014) Aliens are treated as a suspect class -- sometimes. As a general rule, aliens are a suspect class, which makes any statutory classification based on alienage subject to strict scrutiny review under the Equal Protection Clause of the U.S. Constitution. The Supreme Court has identified two exceptions to that general rule. The first is the... 2014
Catherine L. Fisk Sustainable Alt-labor 95 Chicago-Kent Law Review Rev. 7 (2020) Contemporary labor organizing, with all its vibrance, variety, and vigor, seems to be in a virtuous cycle in which organizing success prompts favorable public attention, which in turn contributes to more organizing. More employees struck in 2019 than in any year since 1986. Since 2010, support for unions has climbed from less than half of Americans... 2020
Karla Mari McKanders Sustaining Tiered Personhood: Jim Crow and Anti-immigrant Laws 26 Harvard Journal on Racial & Ethnic Justice 163 (Spring 2010) Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal immigration law. State and local legislatures are responding by passing their own laws targeting immigrants. While many... 2010
Tally Kritzman-Amir SWAB BEFORE YOU ENTER: DNA COLLECTION AND IMMIGRATION CONTROL 56 Harvard Civil Rights-Civil Liberties Law Review 77 (Winter, 2021) In the spring of 2019, the United States Department of Homeland Security (DHS) announced that it would start conducting DNA tests at the border to identify fraudulent claims regarding family ties. Later, in January 2020, DHS started to collect DNA samples from persons in immigration detention. This article examines these measures in their... 2021
Kevin R. Johnson Sweet Home Alabama? Immigration and Civil Rights in the "New" South 64 Stanford Law Review Online 22 (December 5, 2011) In the next few weeks, the Supreme Court will decide whether to review the constitutionality of Arizona's high-profile immigration enforcement effort, known popularly as S.B. 1070. Arizona's law is simply the tip of the iceberg. State legislatures have passed immigration enforcement laws over the last few years at breakneck speed, and, generally... 2011
Professor Leti Volpp Syllabus: Asian Pacific Americans and the Law 10 Asian Law Journal 97 (May, 2003) Yen Le Espiritu, Asian American Panethnicity: Bridging Institutions and Identities 1-2, 12-18 (1992). Lisa Lowe, Heterogeneity, Hybridity, Multiplicity: Asian American Differences, in Immigrant Acts: On Asian American Cultural Politics 60-83 (1996). Chris Iijima, The Era of We-Construction: Reclaiming the Politics of Asian Pacific American Identity... 2003
Kevin R. Johnson Symposium Introduction 38 U.C. Davis Law Review 599 (March, 2005) The U.C. Davis Law Review is proud to publish this symposium on Immigration and Civil Rights After September 11: The Impact on California. The articles come from a distinguished group of scholars, attorneys, and activists and will unquestionably contribute significantly to the ongoing national dialogue about the treatment of noncitizens in U.S.... 2005
Kevin R. Johnson SYSTEMIC RACISM IN THE U.S. IMMIGRATION LAWS 97 Indiana Law Journal 1455 (Spring, 2022) This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S.... 2022
Ruqaiijah Yearby , Seema Mohapatra SYSTEMIC RACISM, THE GOVERNMENT'S PANDEMIC RESPONSE, AND RACIAL INEQUITIES IN COVID-19 70 Emory Law Journal 1419 (2021) During the COVID-19 pandemic, federal and state governments have disregarded racial and ethnic minorities' unequal access to employment and health care, which has resulted in racial inequities in infections and deaths. In addition, they have enacted laws that further exacerbate these inequities. Consequently, many racial and ethnic minorities are... 2021
Peter Margulies Taking Care of Immigration Law: Presidential Stewardship, Prosecutorial Discretion, and the Separation of Powers 94 Boston University Law Review 105 (January, 2014) Introduction. 106 I. DACA, Prosecutorial Discretion, and Youngstown. 114 A. DACA and the DREAM Act. 114 B. DACA Meets Youngstown. 116 1. Prosecutorial Discretion in Immigration Law. 117 2. Why Prosecutorial Discretion Cannot Support DACA. 122 II. Protection of Intending Citizens and Presidential Stewardship. 128 A. The Neutrality Proclamation and... 2014
Mary Holper TAKING LIBERTY DECISIONS AWAY FROM "IMITATION" JUDGES 80 Maryland Law Review 1076 (2021) I think that condemning people to jail is a job for the judiciary in accordance with procedural due process of law. To farm out this responsibility to the police and prosecuting attorneys is a judicial abdication in which I will have no part. I. The Lack of an Independent Immigration Judge. 1081 A. The Historically Commingled Functions and War... 2021
Jeffrey G. Reitz Tapping Immigrants' Skills: New Directions for Canadian Immigration Policy in the Knowledge Economy 11 Law & Business Review of the Americas 409 (Summer/Fall, 2005) THE utilization of immigrants' skills has emerged as a significant issue for Canada's immigration program. This is due to the specific nature and current situation of its immigration. For some time now, the country has been committed to mass immigration. This distinctive Canadian strategy is a product of our institutional history and our position... 2005
Sarah Brady Siff TARGETED MARIJUANA LAW ENFORCEMENT IN LOS ANGELES, 1914-1959 49 Fordham Urban Law Journal 643 (March, 2022) Introduction. 643 I. Anti-Mexican Aims of the First Marijuana Ban. 644 II. Marijuana Was a Whole Different Thing Back Then. 648 III. From Bad to Worse: Racialized Enforcement and New Policing Strategies. 654 IV. Cultural Conquest: Targeting the Hip and Famous. 658 V. Escalation of Unconstitutional Enforcement. 667 Conclusion: Confronting the Legacy... 2022
Thomas M. McDonnell Targeting the Foreign Born by Race and Nationality: Counter-productive in the "War on Terrorism"? 16 Pace International Law Review 19 (Spring 2004) I. Introduction. 20 II. War on Terrorism, Dangerously Overbroad Rhetoric. 23 III. Ethnic and Racial Profiling In the Wake of September 11. 24 A. Mass Arrests and Preventive Detention of Arab and Muslim Immigrants. 26 B. Conducting Secret (Closed) Immigration Hearings for the Arab and Muslim Immigrants Who Were Arrested and Detained. 28 1.... 2004
Shayak Sarkar TAX LAW'S MIGRATION 62 Boston College Law Review 2209 (October, 2021) Introduction. 2210 I. Historic Taxation to Shape Migration and Migrants. 2216 A. Colonies of Migrant Taxation. 2217 B. Taxation and Migration Beyond the Colonies. 2219 C. Modern Migration and the Public Fisc. 2223 II. Contemporary Instances of Tax Law's Migration. 2227 A. Pandemic Relief. 2227 1. Round One of Pandemic Relief and Constitutional... 2021
Bill Ong Hing Teaching Immigration Law and Immigrant Rights from Your Own Caseload 54 Saint Louis University Law Journal 877 (Spring 2010) The case began about two months earlier. Do you have time to come to our next staff meeting to go over the preference system and grounds of deportation? I was on the phone with Vera Haile, a counselor and paralegal at the International Institute. Vera was a veteran counselor at the institute, working with foreign students on English language... 2010
Ming Hsu Chen TEACHING INTERDISCIPLINARY PERSPECTIVES ON CITIZENSHIP AND IMMIGRATION 67 Saint Louis University Law Journal 513 (Spring, 2023) This essay reflects on the use of interdisciplinary perspectives in teaching survey and seminar classes on immigration and citizenship. It focuses on three benefits. First, empirical research gives the doctrine a reality check. Second, normative inquiry evaluates the doctrine against desired values. Third, policy analysis opens up possibilities for... 2023
Kevin R. Johnson TEACHING RACIAL AND SOCIAL JUSTICE IN THE IMMIGRATION LAW SURVEY COURSE 67 Saint Louis University Law Journal 473 (Spring, 2023) This article makes the case for integrating racial and social justice in teaching the immigration law survey course. Part I briefly highlights the systemic injustices generated by the operation of the contemporary U.S. immigration laws and their enforcement. Part II considers the benefits of teaching immigration law through a racial and social... 2023
Eve Goldman TEMPORARY MEMBERSHIP? THE FLAWS OF THE H-2A AGRICULTURAL TEMPORARY GUEST WORKER PROGRAM IN THE CRIMMIGRATION CONTEXT 53 Environmental Law 487 (Summer, 2023) Human migration is not a novel concept; people have always been on the move. Reasons for migration vary: some move for economic opportunities, some to study, others to be with family. Climate disasters are forcing masses of people to migrate to more hospitable places. Arguably, the biggest motivation for global migration is to seek employment,... 2023
Miranda Cady Hallett Temporary Protection, Enduring Contradiction: the Contested and Contradictory Meanings of Temporary Immigration Status 39 Law and Social Inquiry 621 (Summer, 2014) In the construction of immigration status categories in law and social practice, the power of the nation-state to define migrants' status is pervasive but far from absolute. In this article, I examine the conditioned legality known as Temporary Protected Status (TPS) in US immigration law through a discussion of legal structures, historical frames,... 2014
Enid Trucios-Haynes Temporary Workers and Future Immigration Policy Conflicts: Protecting U.s. Workers and Satisfying the Demand for Global Human Capital 40 Brandeis Law Journal 967 (Summer, 2002) Immigration should not be our principal public policy response to temporary labor shortages. [I]mmigration must be part of an overall human resources policy that recognizes the needs of members of our own society who have been left behind. The United States has relied on its national immigration policy to increase the available labor pool since... 2002
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