Kevin R. Johnson Ten Guiding Principles for Truly Comprehensive Immigration Reform: a Blueprint 55 Wayne Law Review 1599 (Winter, 2009) I. Introduction. 1600 II. The Ten Guiding Principles. 1610 A. U.S. Immigration Laws Must Recognize that Migration Between Nations is Primarily Driven by Economic Opportunity and Labor Supply and Demand in the United States. 1610 B. U.S. Immigration Laws Must Be Enforceable. 1617 C. Immigration Law Must Fairly Treat Immigrants. 1620 D. Immigration... 2009
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
Mekonnen Firew Ayano TENANTS WITHOUT RIGHTS: SITUATING THE EXPERIENCES OF NEW IMMIGRANTS IN THE U.S. LOW-INCOME HOUSING MARKET 28 Georgetown Journal on Poverty Law and Policy 159 (Winter, 2021) Immigrants who recently arrived in the United States generally are not able to exclusively possess rental properties in the formal market because they lack a steady source of income and credit history. Instead, they rent shared bedrooms, basements, attics, garages, and illegally converted units that violate housing codes and regulations. Their... 2021
Todd Stevens Tender Ties: Husbands' Rights and Racial Exclusion in Chinese Marriage Cases, 1882-1924 27 Law and Social Inquiry 271 (Spring 2002) When Congress ended the immigration of Chinese laborers in 1882, the Chinese population was over 95% male. While there has been much disagreement about why so few women came, the more fruitful question may be to ask how Chinese women were able to immigrate to the United States at all. Central to their immigration were legal arguments for lawful... 2002
Jennifer M. Chacón Tensions and Trade-offs: Protecting Trafficking Victims in the Era of Immigration Enforcement 158 University of Pennsylvania Law Review 1609 (May, 2010) Introduction. 1609 I. Framing Antitrafficking Policy Within the Discourse of Migrant Criminality. 1617 A. Trafficking as an Immigration Crime. 1618 B. Victim Vulnerability and the Myth of Migrant Criminality. 1628 II. Antitrafficking Enforcement and the Criminalization of Migration. 1636 A. Border Control Policy as Antitrafficking Policy. 1637 B.... 2010
Francesca Strumia Tensions at the Borders in the U.s. and the E.u.: the Quest for State Distinctiveness and Immigrant Inclusion 25 American University International Law Review 969 (2010) INTRODUCTION. 970 I. STATE DISTINCTIVENESS VS. IMMIGRANTS' INCLUSION: THE ROLE OF INTERNAL BORDERS. 975 A. Distinctiveness vs. Inclusion in the Chen Case. 975 B. The Role of Internal Borders. 980 Table 1 Internal Borders Classification. 983 II. A MAP OF U.S. AND E.U. INTERNAL BORDERS. 983 A. Admission and Treatment of Immigrants. 984 1. Admission... 2010
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
Faiza W. Sayed TERRORISM AND THE INHERENT RIGHT TO SELF-DEFENSE IN IMMIGRATION LAW 109 California Law Review 615 (April, 2021) The Immigration and Nationality Act (INA) deems an individual inadmissible to the United States for having engaged in terrorist activity. Both engaged in terrorist activity and terrorist activity are terms of art that are broadly defined under the INA to include activity that courts, scholars, and advocates agree stretches the definition of... 2021
Karen K. Narasaki Testimony on the Immigration Reform Act of 1995 Before the Subcommittee on Immigration, U.s. Senate Judiciary Committee 10 Georgetown Immigration Law Journal 77 (March, 1996) The area of immigration policy is particularly important to the National Asian Pacific American Legal Consortium because of the large percentage of recent immigrants in the Asian Pacific American community and the long history of racially discriminatory treatment of Asians and Pacific Islanders by our country's immigration laws. The Consortium... 1996
Miranda Oshige McGowan , James Lindgren Testing the "Model Minority Myth" 100 Northwestern University Law Review 331 (Special Issue 2006) The stereotype of Asian Americans as a Model Minority appears frequently in the popular press and in public and scholarly debates about affirmative action, immigration, and education. The model minority stereotype may be summarized as the belief that Asian Americans, through their hard work, intelligence, and emphasis on education and... 2006
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
Alyssa Garcia Perez Texas Rangers Resurrected: Immigration Proposals after September 11th 8 Scholar: St. Mary's Law Review on Minority Issues 277 (Spring 2006) I. Introduction. 277 II. Background. 281 A. Los Rinches. 281 B. La Migra. 284 C. Vigilantes. 286 1. Ranch Rescue. 286 2. The Minuteman Project. 287 III. Legal Analysis: The Power to Enforce Immigration Policy. 287 A. Basis of Federal Authority. 288 1. Constitutional Authority. 289 2. Judicial Interpretation: Beyond the Constitution. 291 B.... 2006
Harvey Gee The "Huddled Masses Myth": Immigration and Civil Rights. By Kevin R. Johnson. Philadelphia, Pa.: Temple University Press, 2004. Pp. 254. $59.50, Cloth 18 Harvard Human Rights Journal 293 (Spring, 2005) Kevin R. Johnson's The Huddled Masses Myth: Immigration and Civil Rights is a fascinating and important comment on the intersection of race and the law in the United States. Johnson's expressed intent is to write his book for a general audience, and for the most part, he succeeds. The book is divided into eight chapters. Chapter One discusses... 2005
Francine J. Lipman The "Illegal" Tax 11 Connecticut Public Interest Law Journal 93 (Fall-Winter, 2011) Illegals do NOT pay taxes. As a law professor researching and writing about undocumented immigrants and their tax issues I see this comment in my email inbox and hear it during outreach efforts routinely. Every time I hear or read this or a similar comment, my whole body cringes. This short statement truly embodies the exploitation of the... 2011
J. Allen Douglas The "Priceless Possession" of Citizenship: Race, Nation and Naturalization in American Law, 1880-1930 43 Duquesne Law Review 369 (Spring 2005) In 1921, as restrictive immigration policy in the United States quickened, the federal district court in Washington State considered the plea of N. Nakatsuka to lease land for agricultural development in the face of the state's newly implemented Anti-Alien Land Law. Writing for the court, Judge Cushman noted that, as an alien resident, Nakatsuka... 2005
Brendan Lee The (New) New Colossus: Amending the Investor Visa Program to Comport with the Mandate of the United States' Immigration Policy and Benefit U.s. Workers 30 Journal of Civil Rights & Economic Development 63 (Fall, 2017) Give me your hired, your entrepreneur, Your upper classes willing to pay a fee . Taken as a whole, the United States' relationship with immigration has been a paradox. On one hand, the United States has been a melting pot--the place where peoples from across the globe have converged to form our unique cultural heritage. Indeed, our nation owes... 2017
Lucy Panza The (Un)holy Trinity: Unconscionable Contracts Between Latinas and the Family, Religion, and the State 2 Georgetown Journal of Law & Modern Critical Race Perspectives 299 (Fall, 2010) Cecilia is a 44-year old Mexican immigrant living in the Adams Morgan neighborhood of the District of Columbia. She entered the United States illegally with her husband, Ernesto, in 2001 while she was pregnant with her first son, Antonio. He was born shortly after they settled in D.C. Ever since she and Ernesto arrived, Cecilia has been working... 2010
Mariela Olivares The 1986 Immigration Reform and Control Act as Antecedent to Contemporary Latina/o/x Migration 37 Chicana/o-Latina/o Law Review 65 (2020) C1-2Table of Contents Introduction. 65 I. History of Immigration Law and Policy. 67 II. Immediate Effects of IRCA. 70 III. IRCA Effects on Current Migration Trends and Political Movements. 75 Conclusion. 80 2020
Jennifer M. Chacón The 1996 Immigration Laws Come of Age 9 Drexel Law Review 297 (Spring, 2017) Twenty-one years ago, in direct response to an attack perpetrated by Timothy McVeigh, a U.S. citizen and anti-government terrorist, Congress perversely enacted a set of punitive laws aimed not at white nationalists, but at immigrants. These 1996 laws generated three important shifts in immigration law and policy by radically expanding grounds for... 2017
Etienne C. Toussaint THE ABOLITION OF FOOD OPPRESSION 111 Georgetown Law Journal 1043 (May, 2023) Public health experts trace the heightened risk of mortality from COVID-19 among historically marginalized populations to their high rates of diabetes, asthma, and hypertension, among other diet-related comorbidities. However, food justice activists call attention to structural oppression in global food systems, perhaps best illuminated by the... 2023
Kari Hong The Absurdity of Crime-based Deportation 50 U.C. Davis Law Review 2067 (June, 2017) The belief that immigrants are crossing the border, in the stealth of night, with nefarious desires to bring violence, crime, and drugs to the United States has long been part of the public imagination. Studies and statistics overwhelmingly establish the falsehood of this rhetoric. The facts are that non-citizens commit fewer crimes and reoffend... 2017
Laila Hlass The Adultification of Immigrant Children 34 Georgetown Immigration Law Journal 199 (Winter, 2020) There is evidence . that the child receives the worst of both worlds [in juvenile court]: that he gets neither the protections accorded to adults nor the solicitous care and regenerative treatment postulated for children. --Justice Fortas C1-2Table of Contents Introduction. 200 I. Constructions of Childhood under Immigration Law. 205 A.... 2020
Joanna Dreby , Eric Macias THE AFTERMATH OF ENFORCEMENT EPISODES FOR THE CHILDREN OF IMMIGRANTS 57 Law and Society Review 103 (March, 2023) For 30 years, U.S. immigration policy has increasingly focused on enforcement. This article goes beyond cataloging the harms of such policies to document the processes by which they become more or less salient in the lives of children of immigrants over time. In-depth interviews with 86 young adults raised in New York show that enforcement policies... 2023
Jun Roh The Aftermath of September Eleventh: Increased Exploitation of Undocumented Workers in the Workplace. 5 Wyoming Law Review 237 (2005) I. Introduction. 238 II. Immigration and Labor and Employment Laws Intended to Protect Undocumented Workers in the Work Place. 241 A. U.S. Immigration Laws and Undocumented Workers. 241 1. Immigration and Nationality Act of 1952. 241 2. Immigration Reform and Control Act of 1986. 242 3. Illegal Immigration Reform and Immigrant Responsibility Act of... 2005
Alexander A. Boni-Saenz THE AGE OF RACISM 100 Washington University Law Review 1583 (2023) This Essay introduces the concept of aged racism, a distinct species of systemic racism characterized by its intersection with age. This subject has yet to receive significant theoretical attention in the legal scholarship, despite the social importance of both age and race and the many ways in which they are embedded in the law and legal... 2023
Ediberto Román The Alien Invasion? 45 Houston Law Review 841 (Summer 2008) I. Introduction. 842 II. The Invasion?. 843 III. The Empirical Data. 856 A. The Alleged Invasion. 857 B. Immigrants' Economic Impact. 858 C. Immigrants' Impact on Crime Rates. 862 IV. The State and Local Government Attacks Against Immigration. 867 V. A History of Invitation and Exclusion. 870 VI. The Psychological Impact of the Anti-Immigrant... 2008
Erin E. Stefonick The Alienability of Alien Suffrage: Taxation Without Representation in 2009 10 Florida Coastal Law Review 691 (Summer 2009) The history of immigration in the United States of America reaches beyond the establishment of the country itself. Beginning with the arrival of explorers, slaves, and the Pilgrims, there were a number of different ethnic groups that migrated to the United States. While the diversity ultimately helped shape America into a culturally rich nation,... 2009
Linda Kelly The Alienation of Fathers 6 Michigan Journal of Race and Law 181 (Fall 2000) Maternal preference has long been rejected as an unconstitutional vehicle responsible for perpetuating outdated and inaccurate stereotypes regarding the parenting ability of mothers and fathers. However, little attention is paid to how identical gender biases continue in other legal arenas, such as immigration. Announcing the decision of Miller v.... 2000
Janine Silga The Ambiguity of the Migration and Development Nexus Policy Discourse: Perpetuating the Colonial Legacy? 24 UCLA Journal of International Law and Foreign Affairs 163 (Spring, 2020) This Article seeks to identify the influence of the colonial legacy on migration policies, paying particular attention to the European context. Its goal is to assess the extent to which the current policy discourse on the migration and development nexus (MDN) stems from a conception of development that is still tightly connected with colonialism.... 2020
Ankevia Taylor THE AMERICAN DREAM BELONGS TO ALL OF US: LATINOS AND JAMAICAN AMERICANS EXPERIENCE CULTURAL GENOCIDE BY AMERICAN ASSIMILATION 17 Florida A & M University Law Review 249 (Spring, 2023) C1-2Table of Contents Introduction. 251 I. The American Dream Belongs to All of Us. 253 A. The American Experiment. 253 B. America Thrives off Diversity but Mistreats Diverse Populations. 255 1. The Latino Immigration Experience. 256 2. The Jamaican Immigration Experience. 257 II. America Provides Inconsistent Efforts of Protection to Racialized... 2023
Hon. Paul Brickner , Meghan Hanson The American Dreamers: Racial Prejudices and Discrimination as Seen Through the History of American Immigration Law 26 Thomas Jefferson Law Review 203 (Spring 2004) For over two centuries, people from countries throughout the world have sought refuge in the United States. Whether they came to escape political or economic strife in their native countries, all were in search of the so-called American Dream. What originated as a welcoming immigration policy in the earliest days of our nation, however, was met... 2004
Garnet K. Emery The American Dream-for the Lucky Ones: the United States' Confused Immigration Policy 12 University of Arkansas at Little Rock Law Journal 755 (1989/1990) The immigration question is one of great importance both in the United States and throughout the rest of the world. It is an issue that transcends national boundaries. It cannot be ignored or resolved entirely within our nation. It concerns the dynamics of human movement, propelled by a myriad of reasons. This Comment argues that the restrictive... 1990
Barbara Fedders THE ANTI-PARENT JUVENILE COURT 69 UCLA Law Review 746 (May, 2022) This Article identifies and analyzes features of the juvenile delinquency court that harm the people on whom children most heavily depend: their parents. By negatively affecting a child's family--creating financial stress, undermining a parent's central role in rearing her child, and damaging the parent-child bond--these parent-harming features... 2022
Kevin R. Johnson The Antiterrorism Act, the Immigration Reform Act, and Ideological Regulation in the Immigration Laws: Important Lessons for Citizens and Noncitizens 28 Saint Mary's Law Journal 833 (1997) I. Introduction. 834 II. A History of Exclusion and Deportation of Political Undesirables. 841 A. The Haymarket Riots. 844 B. The Wobblies and the Palmer Raids. 846 C. The Communist Threat'. 850 1. Some Chilling Tales. 850 2. The War Against Harry Bridges. 857 D. Modern Efforts to Monitor Political Ideology. 860 1. The 1990 Act: Limits on and... 1997
Ella Dlin The Antiterrorism and Effective Death Penalty Act of 1996: an Attempt to Quench Anti-immigration Sentiments? 38 Catholic Lawyer 49 (1998) Most Americans believe a correlation exists between immigration and terrorism. In fact, the flow of immigrants into the United States has not been found to be a significant contributing factor to violence in this country during the last twenty-five years. Terrorist acts, because of their unpredictable nature, can inspire fear, panic and hysteria... 1998
Cedar Weyker THE APPLICABILITY OF MINNESOTA'S WORKERS' COMPENSATION LAWS TO UNDOCUMENTED WORKERS 41 Minnesota Journal of Law & Inequality 215 (Winter, 2023) Minnesota has a long history of immigration and has emerged as a leader in some regards. For the majority of the twentieth century, Europeans made up the majority of immigrants to Minnesota, but now more than 90% of immigrants that come to Minnesota come from non-European countries. Today, Minnesota has the highest population of Karen, Somali, and... 2023
Mark C. Rogers The Asylum Process in Ireland: a Reflection of Racist and Xenophobic Sentiments? 23 Suffolk Transnational Law Review 539 (Summer, 2000) A history of Ireland often entails a reference to its long-standing tradition as an emigrant nation. For hundreds of years, the people of Ireland emigrated across the world in search of better economic and social conditions. Ireland's recent transformation, however, from an emigrant to an immigrant society, now overshadows this amazing facet of... 2000
Jan C. Ting The Basic Immigration Choice: Limit or No Limit 22-SUM Kansas Journal of Law & Public Policy 405 (Summer, 2013) The long-standing dissatisfaction with the U.S. immigration system continues with repeated descriptions of that system as broken, but with no agreement on how or why it is broken or how to fix it. President Obama has promised to make immigration reform a priority of his second term, but the sharp political divisions and competing interests over... 2013
Mary Holper The Beast of Burden in Immigration Bond Hearings 67 Case Western Reserve Law Review 75 (Fall, 2016) C1-2Contents Introduction. 75 I. An Unsupported Burden Shift. 81 A. Burdens of Proof for the Presumptively Unbailable Detainees. 83 B. Burdens of Proof for the Non Presumptively Unbailable Detainees. 90 II. Due Process and the Burden of Proof in Civil Detention. 95 A. Supreme Court on Burdens in Civil Detention. 96 B. Is There Something Special... 2016
Benjamin D. Galloway The Beginning of the End: United States V. Alabama and the Doctrine of Self-deportation 64 Mercer Law Review 1093 (Summer 2013) Remember, remember always that all of us, and you and I especially, are descended from immigrants and revolutionists. -- Franklin D. Roosevelt In United States v. Alabama, a three-judge panel of the United States Court of Appeals for the Eleventh Circuit struck down several sections of Alabama's Hammon-Beason Alabama Taxpayer and Citizen... 2013
Paul Finkelman The Bill of Rights in Historical and International Perspective: How an 18 Century Document Illuminates Liberty in the 21 Century 46 Ohio Northern University Law Review 291 (2020) In 1789, just over two hundred and thirty years ago, James Madison drafted, and his colleagues in the House of Representatives approved, a series of amendments to the new Constitution and sent them to the Senate for consideration. After some negotiations, both the House and the Senate passed twelve of the amendments by the necessary two-thirds... 2020
J. Shoshanna Ehrlich THE BODY AS BORDERLAND: THE ABORTION (NON)RIGHTS OF UNACCOMPANIED TEENS IN FEDERAL IMMIGRATION CUSTODY IN THE TRUMP-PENCE ERA 28 UCLA Women's Law Journal 47 (Summer, 2021) In 2017, Scott Lloyd, the newly appointed director of the Office of Refugee Resettlement (ORR) declared that henceforth pregnant teens in federal immigration custody could not obtain an abortion without his express consent. This quickly proved to be an impossibility on account of Lloyd's deeply held and religiously saturated antiabortion beliefs.... 2021
Kimberly Jantz The Boiling Point: Does Oklahoma Have a Role to Play in Creating Immigration Law or a Responsibility to Allow the Federal Government to Independently Manage Reform, Borders, and Treaties? 15 Tulsa Journal of Comparative & International Law 243 (Spring 2008) America is not a melting pot. It is a sizzling cauldron. - Barbara Mikulski Gary Rutledge, a professor at Rogers State College in Claremore, Oklahoma, discovered firsthand the practical problems caused by illegal immigration when he had a car accident in Tulsa. While no one involved in the accident was seriously injured, the damage done to... 2008
Chloe Meade The Border Search Exception in the Modern Era: an Exploration of Tensions Between Congress, the Supreme Court, and the Circuits 26 Boston University Journal of Science and Technology Law 189 (Winter, 2020) The Supreme Court has long held that the border is different when it comes to unwarranted searches and seizures. This is due to the government's prevailing interest in preventing the entry of unwanted persons and effects . at the international border. Circuit courts, however, are beginning to reconsider the scope of the border search exception... 2020
Kiera LoBreglio The Border Security and Immigration Improvement Act: a Modern Solution to a Historic Problem? 78 Saint John's Law Review 933 (Summer 2004) The United States is essentially a country of immigrants; however, current United States immigration policy fails to adequately safeguard the rights of certain immigrant groups. Our nation's views toward immigration have changed considerably over the decades. Today, there is a marked focus both in the political arena and in general public discourse... 2004
Shelley Welton THE BOUNDS OF ENERGY LAW 62 Boston College Law Review 2339 (October, 2021) Introduction. 2341 I. A Materialist Account of the Field and Its Failings. 2347 A. New Energy Sources and Uses Emerge: 1850-1930. 2348 B. New Deal Legal Gap-Filling and the Mid-Century Détente: 1930-1970. 2353 C. The (Partial) Collapse of the Consensus: 1970-2000. 2357 D. 1990s--2020: Energy Law Meets Climate Change, First Generation. 2361 II. The... 2021
Evangeline G. Abriel THE CALIFORNIA WAY: AN ANALYSIS OF CALIFORNIA'S IMMIGRANT-FRIENDLY CHANGES TO ITS CRIMINAL LAWS 66 Howard Law Journal 517 (Spring, 2023) C1-2CONTENTS Introduction. 518 I. An Overview of State Legislation in the Area of Immigration Law. 519 II. Immigration Consequences of Criminal Conduct Under the Immigration and Nationality Act. 523 III. California's Immigration-Related Changes to its Criminal Laws. 528 A. Reducing Maximum Misdemeanor Sentences Under Statute to 364 Days. 534 B.... 2023
Paul Spruhan The Canadian Indian Free Passage Right: the Last Stronghold of Explicit Race Restriction in United States Immigration Law 85 North Dakota Law Review 301 (2009) Peter Roberts had a problem. A Canadian citizen and a member of the Campbell River Band of Canadian Indians, Roberts regularly crossed the United States-Canada border to visit his property in Point Roberts, Washington. He had a green card, and had been crossing the border since he was a young boy with his family to visit relatives on the Lummi... 2009
Shoba Sivaprasad Wadhia, Christopher J. Walker THE CASE AGAINST CHEVRON DEFERENCE IN IMMIGRATION ADJUDICATION 70 Duke Law Journal 1197 (February, 2021) The Duke Law Journal's fifty-first annual administrative law symposium examines the future of Chevron deference--the command that a reviewing court defer to an agency's reasonable interpretation of an ambiguous statute the agency administers. In the lead article, Professors Kristin Hickman and Aaron Nielson argue that the Supreme Court should... 2021
Kevin R. Johnson The Case Against Race Profiling in Immigration Enforcement 78 Washington University Law Quarterly 675 (Fall 2000) I. Introduction. 676 II. Race Profiling in Criminal Law Enforcement. 680 A. Harms. 684 B. Legal Remedies. 685 III. Race Profiling in Immigration Law Enforcement. 688 A. Law in Books. 692 B. Law in Action. 696 1. On the Roads. 697 2. In the Workplace. 703 3. The Lack of Effective Remedies. 705 C. The Need for Change. 707 1. Over-Inclusiveness. 707... 2000
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