AuthorTitleCitationSummaryYear
Mary Bosworth , Emma Kaufman Foreigners in a Carceral Age: Immigration and Imprisonment in the United States 22 Stanford Law and Policy Review 429 (2011) ' More than a decade ago, Jonathan Simon warned of an expanding interest in locking up refugees. According to Simon, asylum seekers were to provide a new population for mass incarceration. The border was to become the new criminal justice frontier. In 2010, Simon's view appears to have been borne out, though perhaps not entirely as he predicted.... 2011
Dana Gayeski Give Me Your Tired, Your Poor, Your Legal: Why Efforts to Repeal Birthright Citizenship Are Unconstitutional and Un-american 21 Temple Political & Civil Rights Law Review 215 (Fall 2011) In April 2010, Arizona signed into law the toughest immigration enforcement legislation in the nation, recharging the national debate over illegal immigration and pushing it to the forefront of American politics. Though the most controversial provisions of the Arizona law, Senate Bill 1070 (SB1070), were enjoined by the federal government, Arizona... 2011
Jennifer L. Gregorin Hidden Beneath the Waves of Immigration Debate: San Francisco's Sanctuary Ordinance 6 Liberty University Law Review 175 (Fall, 2011) The summer of 2010 represented a tumultuous time of debate and uncertainty in America's immigration law as the Nation's attention was captivated by the fate of Arizona's controversial immigration law. On July 28, 2010, after filing suit against the State of Arizona because the State's immigration law was allegedly unconstitutional and preempted by... 2011
Shadi Masri, Executive Editor Ice's Initiation of Secure Communities Program Draws More Criticism than Praise 25 Georgetown Immigration Law Journal 533 (Winter, 2011) Since its creation in 2003, the U.S. Immigration and Customs Enforcement (ICE) has become one of the largest investigative arms of the Department of Homeland Security (DHS) and made considerable progress in identifying and removing criminal aliens through its Criminal Alien Program (CAP). However, a fundamental change in its approach was necessary... 2011
Gabriel J. Chin Illegal Entry as Crime, Deportation as Punishment: Immigration Status and the Criminal Process 58 UCLA Law Review 1417 (August, 2011) In Padilla v. Kentucky, the U.S. Supreme Court held that the Sixth Amendment required counsel to advise clients pleading guilty that conviction might result in deportation. The Court rested its decision on the idea that this information was important to the client's decisionmaking process. However, the Court did not explore a stronger reason for... 2011
Nicole A. Blair Illegal Immigration Overstays its Welcome: How the Criminalization of Unlawful Presence in America Would Help Relieve Inadequacies in Federal Immigration Law 10 Ave Maria Law Review 203 (Fall 2011) Illegal immigration is a large problem in the United States today and is only expected to get worse. The estimated total number of illegal immigrants present in the United States in 2010 was 10.8 million. The Census Bureau predicts that the nation's population will rise to more than 400 million people by the year 2050, with seventy percent of this... 2011
Kimberly R. Hamilton Immigrant Detention Centers in the United States and International Human Rights Law 21 Berkeley La Raza Law Journal 93 (2011) The immigrant detention system in the United States is plagued with problems due to the large number of immigrants and the lack of facility space to house immigrants in detention. The use of immigrant detention centers in the United States has expanded significantly in the past decade. Part of the effort to meet increased demands for immigrant... 2011
Victor C. Romero Immigrant Education and the Promise of Integrative Egalitarianism 2011 Michigan State Law Review 275 (2011) I. Martinez in Context: Keeping the DREAM Alive for All Americans. 275 II. From Brown to Parents Involved: Rejecting Antisubordination, Embracing Colorblind Constitutionalism. 282 A. Desegregation and Massive Resistance. 282 B. The Advent of Colorblind Constitutionalism. 285 1. The Rise and Decline of Affirmative Action. 285 2. The Role of Poverty... 2011
David W. Austin, Qiang Bjornbak, Josh D. Friedman Immigration and Naturalization Law 45 International Lawyer 329 (Spring, 2011) One of the top ten domestic news stories of 2010 was Arizona's attempts to deal with immigration and lawsuits that followed the passage of S.B. 1070. Although S.B. 1070 is a local measure, it epitomized the tension that underlies local attempts to enforce and influence federal immigration policy. The conflict between state and national approaches... 2011
Theresa Alfaro-Velcamp, Robert H. McLaughlin Immigration and Techniques of Governance in Mexico and the United States: Recalibrating National Narratives Through Comparative Immigration Histories 29 Law and History Review 573 (May, 2011) There is need of a broader treatment of American history, to supplement the purely nationalistic presentation to which we are accustomed. Immigration histories typically endeavor to describe and hold a nation-state accountable not only for the laws and policies by which it admits some immigrants, but also for those by which it refuses, excludes, or... 2011
María Pabón López , Roxana A. Davis Immigration Law Spanish-style Ii: Spain's Voluntary Immigrant Return Plan and the New Push for Circular Migration 25 Temple International and Comparative Law Journal 79 (Spring 2011) I. Introduction. 80 II. Overview of Spain's Immigration Law and its Latest Reform. 82 III. Spain's Economic Crisis and its Impact on Immigrants. 85 A. The Spanish Economy and the Global Crisis. 85 B. The Impact of the Crisis on Immigrants. 86 1. Unemployment. 86 2. Poverty. 87 3. Increased Reliance on the Informal Economy. 88 4. Greater... 2011
Bettina Rodriguez Schlegel Immigration, Crime, and Public Perception: Victimization Legislation in the United States and Canada -- Can the U Visa Serve as a Model? 34 Hastings International and Comparative Law Review 203 (Winter 2011) The North American giants, Canada and the United States, are recognized as major immigrant-receiving nations; both have been historically reliant on the influxes of immigrant groups over time to provide sources of labor and population boosts to the rapidly developing nations. Both states have crafted immigration policies in line with their economic... 2011
Fatma E. Marouf Implicit Bias and Immigration Courts 45 New England Law Review 417 (Spring 2011) This Article highlights the importance of implicit bias in immigration adjudication. After tracing the evolution of prejudice in our immigration laws from explicit old-fashioned prejudice to more subtle forms of modern and aversive prejudice, the Article argues that the specific conditions under which immigration judges decide cases render... 2011
Jordan E. Dollar , Allison D. Kent In Times of Famine, Sweet Potatoes Have No Skin: a Historical Overview and Discussion of Post-earthquake U.s. Immigration Policy Towards the Haitian People 6 Intercultural Human Rights Law Review 87 (2011) In every other country on the globe a citizen of Haiti is sure of civil treatment. In every other nation his manhood is recognized and respected. Wherever any man can go, he can go. He is not repulsed, excluded, or insulted because of his color. All places of amusement and instruction are open to him. Vastly different is the case with him when he... 2011
Rachel R. Ray Insecure Communities: Examining Local Government Participation in Us Immigration and Customs Enforcement's "Secure Communities" Program 10 Seattle Journal for Social Justice 327 (Fall/Winter 2011) In the last several years, suffering global economies, war, ethnic and racial tensions, natural disasters, and other exigencies have led to a steady stream of immigrants to the United States. They seek jobs, refuge, asylum, and better opportunities. In fiscal year 2010, the United States Immigration and Customs Enforcement (ICE) removed a... 2011
Kathleen Kim Introduction: Perspectives on Immigration Reform 44 Loyola of Los Angeles Law Review 1323 (Summer 2011) The United States is home to almost 40 million immigrants, representing more than 20 percent of the world's entire migrant population. Economic opportunity, religious freedom, and civil and political rights have attracted foreign nationals to the United States for decades. Our country has benefited from this long history of immigration, which has... 2011
Maria del Pilar Castillo Issues of Family Separation: an Argument for Moving Away from Enforcement-only Solutions to Our Immigration "Problem" 25 Temple International and Comparative Law Journal 179 (Spring 2011) Please do not deport my parents because you will also deport a girl who only has a year left of high school and a dream to become something more than the daughter of illegal immigrants. What happens to the hope of a single child--anywhere--can enrich our world, or impoverish it. In October 2005, Ruby Arcos, a United States citizen and daughter of... 2011
Leila Kawar Legal Mobilization on the Terrain of the State: Creating a Field of Immigrant Rights Lawyering in France and the United States 36 Law and Social Inquiry 354 (Spring, 2011) Scholarship on law and social movements has focused attention primarily on the United States, and secondarily on countries that share the Anglo-American legal tradition. The politics of law and social movements in other national legal contexts remains under examined. The analysis in this article contrasts legal mobilizations for immigrant rights in... 2011
Cara Tonucci Legalizing the Immigration Posse 68 National Lawyers Guild Review Rev. 1 (Spring, 2011) The devolution of immigration enforcement is threatening to undermine the Fourth Amendment protections that protect all individuals from government intrusion and the trust that communities invest in local law enforcement--the very trust that provides the local law enforcement legitimacy. Section 287(g) of the United States Code authorizes the... 2011
Ingrid V. Eagly Local Immigration Prosecution: a Study of Arizona Before Sb 1070 58 UCLA Law Review 1749 (August, 2011) Arizona's Senate Bill 1070 has focused attention on whether federal law preempts the prosecution of state immigration crime in local criminal courts. Absent from the current discussion, however, is an appreciation of how Arizona's existing body of criminal immigration law--passed well before SB 1070 and currently in force in the state--functions on... 2011
Scott C. Murray Most RelevantHoffman, its Progeny, and the Status of Undocumented Workers 11 Wyoming Law Review 615 (2011) I. Introduction. 615 II. Background. 618 A. Labor and Employment Law. 619 B. Cases Leading to Hoffman. 621 C. Immigration Law. 625 D. The NLRA Still Applies to Undocumented Workers. 626 E. Status-Based Assignment of Rights. 627 III. Analysis. 629 IV. Conclusion. 638 2011
Ryan Terrance Chin Moving Toward Subfederal Involvement in Federal Immigration Law 58 UCLA Law Review 1859 (August, 2011) In Chamber of Commerce v. Whiting, the U.S. Supreme Court decided that state governments could mandate compulsory enrollment in the otherwise voluntary federal E-Verify program. Though it deals primarily with employment of unauthorized workers, this case raises broader questions of the role of federalism in the current immigration regime. State and... 2011
Peter Margulies Noncitizens' Remedies Lost?: Accountability for Overreaching in Immigration Enforcement 6 FIU Law Review 319 (Spring, 2011) Remedies for government overreaching in immigration cases have always embodied a dilemma. On the one hand, the government sometimes acts excessively, failing to provide allegedly removable noncitizens with appropriate process, using excessive force in arrests, or detaining noncitizens too long or under poor conditions. On the other hand,... 2011
  Panel Discussion and Commentary 23 Regent University Law Review 379 (2010-2011) Mr. Ho: We are going to open up the discussion for questions from the floor. Audience Question 1: What I want to know from Ms. Stock and Professor Kobach is what other types of state laws would be constitutional, in either of your views, in this area either to encourage entrepreneurs or highly skilled immigrants to jumpstart the economy? Are there... 2011
Yolanda Vázquez Perpetuating the Marginalization of Latinos: a Collateral Consequence of the Incorporation of Immigration Law into the Criminal Justice System 54 Howard Law Journal 639 (Spring 2011) ABSTRACT. 640 INTRODUCTION. 641 I. HISTORY OF THE EXCLUSION OF LATINOS IN THE UNITED STATES. 645 A. Denial of the Full Benefits of Citizenship. 646 B. Denial of Entry into the United States as a Legal Immigrant. 648 C. Lynching. 649 D. The Bisbee Deportation of 1917. 650 E. Mexican Repatriation. 651 F. Operation Wetback. 652 G. Chandler Roundup.... 2011
David A. Selden , Julie A. Pace , Heidi Nunn-Gilman Placing S.b. 1070 and Racial Profiling into Context, and What S.b. 1070 Reveals about the Legislative Process in Arizona 43 Arizona State Law Journal 523 (Summer 2011) S.B. 1070 is fascinating on many levels for many reasons. It has focused a national and international spotlight on Arizona. It has broadened and intensified the national debate regarding immigration policies and enforcement. It has tested the constitutionality of state and local enforcement of immigration laws. It has permeated and looms large over... 2011
Michael A. Olivas , Kristi L. Bowman Plyler's Legacy: Immigration and Higher Education in the 21st Century 2011 Michigan State Law Review 261 (2011) In the Spring of 2008, U.S. voters watched with fascination as the Republican candidates for their party's Presidential nomination argued over immigration policy, focusing especially on a topic that few had been involved in for many yearswhether or not the undocumented should be allowed to attend college and receive resident tuition. Of course,... 2011
Rick Su Police Discretion and Local Immigration Policymaking 79 UMKC Law Review 901 (Summer, 2011) Imagine a local police department confronted with the issue of immigration. With a growing immigrant population in the community and increasing federal emphasis on local involvement in immigration enforcement, the police chief realizes that it is no longer possible to ignore the immigration consequences of even the most ordinary of police activity.... 2011
Jordan Jodré Preemptive Strike: the Battle for Control over Immigration Policy 25 Georgetown Immigration Law Journal 551 (Spring, 2011) From its inception, the United States has had a difficult and dichotomous relationship with immigration. Today, parties on all sides of the immigration debate battle one another to a stalemate during every election cycle. The resulting perpetual inaction of the federal government has led numerous state governments to enact legislation intended to... 2011
Aaron Haas Profiling and Immigration 18 Washington and Lee Journal of Civil Rights and Social Justice Just. 3 (Fall, 2011) C1-3Table of Contents R1-2Introduction . R33. I. Criminalization of Immigration Enforcement. 5 II. Localization of Immigration Enforcement. 9 III. Virginia and Immigration Enforcement. 12 IV. Proposals. 19 2011
Michael J. Wishnie Proportionality: the Struggle for Balance in U.s. Immigration Policy 72 University of Pittsburgh Law Review 431 (Spring, 2011) In September 1957, Governor Orval Faubus dispatched Arkansas National Guard troops to prevent black students from entering Central High School in Little Rock, Arkansas. The Eisenhower Administration responded by sending Justice Department lawyers to enter school desegregation litigation brought by the NAACP that was already pending before the U.S.... 2011
Lisa Sandoval Race and Immigration Law: a Troubling Marriage 7 Modern American 42 (Spring, 2011) The differences of race added greatly to the difficulties of the situation .. [T]hey remained strangers in the land, residing apart by themselves, and adhering to the customs and usages of their own country. It seemed impossible for them to assimilate with our people, or to make any change in their habits or modes of living. As they grew in... 2011
Lupe S. Salinas , Fernando Colon-Navarro Racial Profiling as a Means of Thwarting the Alleged Latino Security Threat 37 Thurgood Marshall Law Review Rev. 5 (Fall, 2011) Not all Latinos are undocumented persons, and not all undocumented persons are Latinos. Throughout the history of Latino presence and immigration to the United States, the open welcome extended by many Americans eventually developed into rejection and an effort to terminate the invitation. Persons of Mexican ethnicities were initially welcomed... 2011
Stephen H. Legomsky Rationing Family Values in Europe and America: an Immigration Tug of War Between States and Their Supra-national Associations 25 Georgetown Immigration Law Journal 807 (Summer, 2011) For decades, family reunification has been the centerpiece of immigration policy practically everywhere. Today, however, it is under siege in both Europe and the United States. Two trends seem to have escaped notice. First, the most popular restriction strategies have been quantitative controls that ration family reunification by reducing or... 2011
Matthew R. Smith Reaction To: Health Care Challenges for Non-citizen Immigrants in the U.s. 3 Georgetown Journal of Law & Modern Critical Race Perspectives 169 (Fall, 2011) In her Article, author Jennifer Seo outlines the barriers that immigrants, both documented and undocumented, face in accessing affordable health care in the United States. Despite the fact that affordable health care strikes deep moral sentiment, economic reality and historic fact, along with public fears and prejudices, preclude any sort of... 2011
Robbie Clarke Reaffirming the Role of the Federal Courts: How the Sixties Provide Guidance for Immigration Reform 17 Washington and Lee Journal of Civil Rights and Social Justice 463 (Spring, 2011) Immigration policy should be generous; it should be fair; it should be flexible. With such a policy we can turn to the world, and to our own past, with clean hands and a clean conscience. Such a policy would be but a reaffirmation of old principles. John F. Kennedy, A Nation of Immigrants (1964) C1-3Table of Contents L1-2Introduction . L3464 I.... 2011
Javier Perez Reasonably Suspicious of Being Mojado: the Legal Derogation of Latinos in Immigration Enforcement 17 Texas Hispanic Journal of Law and Policy 99 (Spring, 2011) C1-3Summary I. Introduction 100 II. The Legal Framework & Doctrinal Prejudice 104 A. [Un]Reasonableness of an Exception to the Fourth Amendment 104 B. Equal Protection as a Guardian for Fairness 109 C. A Comment on Non-Federal Enforcement 113 III. The Cultural Force of Immigration Status 114 IV. CONCLUSION 122 2011
Daniel Correa Reciprocity Interest in Political Affiliation: Redefining the Political Community to Attain Just Principles in Immigration Reform 14 Harvard Latino Law Review 67 (Spring 2011) I was born the citizen of a free state and a member of the sovereign, and, however feeble an influence my voice may have in public affairs, my right to vote on them suffices to make it my duty to inform myself on such matters. I am always happy, whenever I reflect upon the nature of government, to find in my inquiries new reasons for loving that of... 2011
Carol Daugherty Rasnic Removing the Welcome Mat: Myth and Reality on the 2004 Irish Constitutional Referendum and Citizenship by Birth in the Usa 17 New England Journal of International and Comparative Law L. 1 (2011) Give me your tired, your poor, your huddled masses yearning to breathe free. . . Emma Lazarus, The New Colossus The famous words of Emma Lazarus have become synonymous with the concept of America's welcoming arms to immigrants from all over the world and, by extension, to children born to these immigrants. Since 1868, American constitutional... 2011
Joyce A. Hughes , Alexander L. Alum Rethinking the Cuban Adjustment Act and the U.s. National Interest 23 Saint Thomas Law Review 187 (Spring 2011) I. Introduction. 188 II. Fidel Castro's Rise to Power and Cuba's Tension with the United States. 189 III. The Passage of, and Justification for the Cuban Adjustment Act. 194 A. Cuban Immigration Prior to the Passage of the CAA: 1959-1966. 194 B. The Cuban Adjustment Act of 1966. 195 1. Easing the Administrative Burden. 196 2. Integrating Cuban... 2011
Margaret D. Stock S.b. 1070: the Unconstitutional and Inefficient Law That May Just Fix Immigration 23 Regent University Law Review 363 (2010-2011) The immigration issue is as old as America itself. One of the Founders' primary complaints against King George was that he restricted immigration. This complaint carried such weight that it was one of the grievances listed in the Declaration of Independence. Because of the Founders' apparent open-border mentality, the Constitution only mentions two... 2011
Austin Tyler Brown Senate Bill 1070: an Opportunity to Align the Interests of Federal and State Governments with the Rights of the Child 12 Florida Coastal Law Review 453 (Spring 2011) The United States immigration system has been an immense failure for many years and, at the current pace, it appears the issue will not be adequately addressed anytime soon. As a result, children's rights, public safety, police officer safety, border security, and the economic health of the nation are suffering. This Article highlights the effect... 2011
Scott Nakama Senate Bill 1070: the Implications of Arizona's Immigration Law upon Mlb 8 DePaul Journal of Sports Law & Contemporary Problems 23 (Fall 2011) On April 23, 2010, Arizona Governor Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) - one of the most controversial pieces of immigration legislation in recent history. Judge John T. Noonan, Jr. of the Ninth Circuit Court of Appeals believes S.B. 1070 has become a symbol. For those sympathetic to... 2011
Kevin Brown Should Black Immigrants Be Favored over Black Hispanics and Black Multiracials in the Admissions Processes of Selective Higher Education Programs? 54 Howard Law Journal 255 (Winter 2011) INTRODUCTION. 256 I. EFFORTS TO STANDARDIZE THE COLLECTION OF DATA ON RACE AND ETHNICITY IN THE 1970s: ADOPTION OF DIRECTIVE 15. 266 II. ADOPTION OF THE 1997 REVISED STANDARDS. 272 A. Need to Revise Directive 15. 272 B. 1997 Revised Standards. 274 1. Hispanic/Latino Ethnicity Question and the Two Question Format. 274 2. How to Collect Data on... 2011
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
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
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
Barbara A. Frey , X. Kevin Zhao The Criminalization of Immigration and the International Norm of Non-discrimination: Deportation and Detention in U.s. Immigration Law 29 Law & Inequality: A Journal of Theory and Practice 279 (Summer 2011) The Law and Inequality Fall 2010 Symposium focused on the growing use of criminal prosecutions to end impunity for human rights violations. This Article takes a different look at the intersection between criminal justice and human rights law--not a view of the criminalization of human rights violations, but criminalization as a human rights... 2011
Marissa B. Litwin The Decentralization of Immigration Law: the Mischief of § 287(g) 41 Seton Hall Law Review 399 (2011) On September 4, 2007, Geraldo Carlos, a photographer for the Newark, New Jersey newspaper the Brazilian Voice, discovered a dead body in the Ironbound district of the city. After photographing the body, he notified Roberto Lima, the editor of the publication, who contacted the Newark Police Department. When Samuel Demaio, Chief of the Newark Police... 2011
Nelson Maldonado-Torres The Latina/o Academy of Arts and Sciences: Decolonizing Knowledge and Society in the Context of Neo-apartheid 14 Harvard Latino Law Review 283 (Spring 2011) Inspired by the massive protests in 2006 against the criminalization of illegal immigration in H.R. 4437, and after months of communication and organizing, dozens of Latina/o scholars met at the University of California, Berkeley, on May 2-3 2008, in a first round of discussions exploring the possibility of establishing a Latina/o Academy of Arts... 2011
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