| Author | Title | Citation | Summary | Year |
| Jennifer M. Chacón |
The Mercer Girls Guide to Immigration |
64 Vanderbilt Law Review En Banc 15 (February 22, 2011) |
I. The Payoffs (and Limitations) of Reconceiving Immigration History. 18 A. Reframing Settlement. 19 B. Reframing Immigration Law. 21 C. Expanding Immigration Law. 22 D. Understanding the Role of Marriage in Immigration History. 25 E. Gender and Family Structure in Immigration Law. 27 II. Conclusion. 28 |
2011 |
| Kenji Yoshino |
The New Equal Protection |
124 Harvard Law Review 747 (January, 2011) |
Our nation is increasingly beset with pluralism anxiety. Commentary from both the right and the left has expressed the fear that we are fracturing into fiefs that do not speak with each other. That fear has a basis in fact, as the nation confronts new kinds of people (introduced to the country through immigration) or newly visible people... |
2011 |
| Michael A. Olivas |
The Political Efficacy of Plyler V. Doe: the Danger and the Discourse |
45 U.C. Davis Law Review Rev. 1 (November, 2011) |
Stinky is one ugly robot, a raggedy contraption constructed of crudely painted, cheap plastic pipes pasted together with gobs of the foul-smelling glue that gave the monstrosity its name. Stinky's creators didn't look all that impressive, either--four teenage guys in baggy pants and sneakers, all of them illegal Mexican immigrants attending Carl... |
2011 |
| Susan Bibler Coutin |
The Rights of Noncitizens in the United States |
7 Annual Review of Law and Social Science 289 (2011) |
immigration, legalization, detention, deportation, criminalization, securitization Over the past three decades, sociolegal scholarship on the rights of noncitizens in the United States has sought to explain rights and exclusions while incorporating new theory regarding racialization, biopolitics, neoliberalism, risk, and states of exception. Early... |
2011 |
| Kristina M. Campbell |
The Road to S.b. 1070: How Arizona Became Ground Zero for the Immigrants' Rights Movement and the Continuing Struggle for Latino Civil Rights in America |
14 Harvard Latino Law Review Rev. 1 (Spring 2011) |
When Arizona Governor Janice K. Brewer signed into law the Support Our Law Enforcement and Safe Neighborhoods Act-better known as S.B. 1070 -in April 2010, the world was taken aback not only by the State of Arizona's brazen attempt to regulate immigration at the state level, but also by the means it authorized for doing so. By giving state and... |
2011 |
| Patrycja Rynduch |
The United States of Immigration: a Nation in Crisis How Fear Has Shaped Immigration Law and Has Led Us to Question Basic Constitutional Rights |
45 John Marshall Law Review 205 (Fall 2011) |
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-tossed to me, I lift my lamp beside the golden door! Emma Lazarus You cannot spill a drop of American blood without spilling the blood of the whole world . . . . Herman Melville In 2004, John Doe... |
2011 |
| Keith Aoki |
The Yellow Pacific: Transnational Identities, Diasporic Racialization, and Myth(s) of the "Asian Century" |
44 U.C. Davis Law Review 897 (February, 2011) |
Introduction. 899 I. The Twenty-First Century as the Asian Century: Is There a There There?. 902 II. Fear of a Yellow Planet: Was the Twentieth Century the Asian Century?. 907 A. Prelude to the Asian Century: Harsh Nineteenth and Early- to Mid-Twentieth Century Immigration Policies Towards Asian Immigrants. 912 B. The Gentleman's Agreement of... |
2011 |
| Erin Komada |
Turned Away: the Detrimental Effect of Italy's Public Security Law on Undocumented Children's Right to Education |
29 Boston University International Law Journal 451 (Summer 2011) |
I. Introduction. 452 II. A History of Italian Immigration Law. 453 A. Italian Statutory Law. 453 B. Current Social Trends Affecting Italian Immigration. 457 C. Legge n. 94/2009. 459 III. Children's Right to Education. 461 A. Convention on the Rights of the Child. 461 B. Supporting UN Instruments. 464 C. European Law. 465 IV. Blaming the Victim as... |
2011 |
| Lorraine Schmall |
U.s. Internal Immigration Enforcement: Not a Model but an Alarum |
1 Wake Forest Journal of Law and Policy 157 (April, 2011) |
Despite or because of geopolitical and demographic realities, nativism in the United States and the European Union has been one response to immigration during difficult current economic cycles. A global recession means more people in the destination countries are uncharacteristically unemployed. Citizens and their political representatives are wary... |
2011 |
| Karla Mari McKanders |
Unforgiving of Those Who Trespass Against U.s.: State Laws Criminalizing Immigration Status |
12 Loyola Journal of Public Interest Law 331 (Spring 2011) |
Since around 2005, states and localities have been using criminal trespass laws to target undocumented immigrants for unlawful presence. In New Hampshire, California, and Florida, local police officers have used state criminal trespass laws to prosecute undocumented immigrants. For example, the New Hampshire criminal trespass laws provide that a... |
2011 |
| Jennifer M. Pacella |
Welcoming the Unwanted: Italy's Response to the Immigration Phenomenon and European Union Involvement |
25 Georgetown Immigration Law Journal 341 (Winter, 2011) |
In recent years, Italy has experienced a significant influx in the number of immigrants seeking to establish a new life in Europe. As a result, the nation is transforming from a traditionally homogenous society to one of varying races, religions, and backgrounds. As such a transformation occurs, anti-immigrant sentiment and xenophobia have surfaced... |
2011 |
| Hila Shamir |
What's the Border Got to Do with It? How Immigration Regimes Affect Familial Care Provision--a Comparative Analysis |
19 American University Journal of Gender, Social Policy and the Law 601 (2011) |
I. Introduction. 602 II. Importing Care. 607 A. Feminist Approaches to Paid In-Home Care Work. 608 B. Feminist Approaches to Migrant Care Work. 611 C. Legal Distributive Analysis of Care Work. 615 D. Given the informal character of care work what does legal analysis have to contribute to it?. 616 III. The State, the Family, and the Market: A Legal... |
2011 |
| Vivian Chang |
Where Do We Go from Here: Plea Colloquy Warnings and Immigration Consequences Post-padilla |
45 University of Michigan Journal of Law Reform 189 (Fall 2011) |
Although deportation can sometimes represent a more serious consequence for a non-citizen defendant than some criminal sanctions, deportation has traditionally been viewed as a purely civil matter. This is well reflected in criminal law, where the threat of deportation has typically been categorized as a collateral consequence of criminal activity.... |
2011 |
| Robert F. Castro |
Xenomorph!! |
46 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (2011) |
The national debate over illegal immigration has been dramatically altered since 9/11. In his book The Latino Threat, Leo R. Chavez argues that Latina/o immigrants--including those U.S. populations that physically resemble them-- have been socially constructed as grave risks to the United States. Arizona Senate Bill 1070 (hereinafter S.B. 1070)... |
2011 |
| Ajmel Quereshi |
287(g) and Women: the Family Values of Local Enforcement of Federal Immigration Law |
25 Wisconsin Journal of Law, Gender & Society 261 (Fall 2010) |
Introduction. 261 I. The History of INA § 287(g). 263 II. The Impact of 287(g) Agreements on Minority Communities.. 265 A. The Prevalence of Racial Profiling. 266 B. The Program's Disproportionate Focus on Traffic Offenses and Misdemeanors.. 273 C. Lack of Adequate Federal Oversight. 276 D. Lack of Adequate Data Collection. 279 III. The Impact of... |
2010 |
| Jennifer M. Chacón |
A Diversion of Attention? Immigration Courts and the Adjudication of Fourth and Fifth Amendment Rights |
59 Duke Law Journal 1563 (May, 2010) |
Because of fundamental changes in the nature of immigration enforcement over the past decade, an increasing number of interactions between law enforcement agents and noncitizens in the United States are ultimately adjudicated not in criminal courts, but in immigration courts. Unfortunately, unlike the state and federal courts that have long... |
2010 |
| Christina McMahon |
Amidst Controversy over Federal 287(g) Immigration Program, Arizona Approves Immigration Trespassing Crime under New Law |
15 Public Interest Law Reporter 141 (Spring 2010) |
In 2008, Velia Meraz and Manuel Nieto, Jr. were traveling to their Phoenix, Ariz. auto-repair store when four local law enforcement patrol cars blocked their path. Officers then surrounded Meraz and Nieto with weapons raised. The officers, who had been conducting an immigration sweep near the store, believed that Meraz and Nieto were undocumented... |
2010 |
| Bill Ong Hing |
Asian Americans and Immigration Reform |
17 Asian American Law Journal 83 (2010) |
The Asian American community has much to gain from progressive immigration reform. Asian Americans abroad make up the bulk of an immigrant entry list that commands a wait of almost two decades in some immigration categories. Many young men and women from Asian American communities face deportation even though they have grown up in the United... |
2010 |
| Jennifer M. Chacón |
Border Exceptionalism in the Era of Moving Borders |
38 Fordham Urban Law Journal 129 (November, 2010) |
Historically, the courts have indicated that the tasks of enacting and enforcing immigration laws are federal functions. The federal agents who police the nation's borders have exceptionally broad policing authority--an authority that the courts have justified based on the special need to secure the nation's borders from a variety of threats. Part... |
2010 |
| Rachel K. Alexander |
Bridging the Title Vii Gap: Protecting All Workers from "Work Authorization" Discrimination |
10 University of Maryland Law Journal of Race, Religion, Gender and Class 199 (Fall 2010) |
Despite the numerous laws protecting workers in the United States, a gap remains that leaves all categories of workers unprotected under certain circumstances. Many scholars have examined protections and remedies available to unauthorized immigrant workers, including existing protections after the United States Supreme Court's decision in Hoffman... |
2010 |
| Shoba Sivaprasad Wadhia |
Business as Usual: Immigration and the National Security Exception |
114 Penn State Law Review 1485 (Spring 2010) |
I. Introduction. 1486 II. Continuing Impact of Post 9-11 Immigration Practices. 1491 A. PENTBOTTM Detentions and OIG Detainee Report. 1401 B. OIG MDC Report. 1493 C. Turkmen Lawsuit. 1495 D. 48 Hour Rule. 1497 E. Closed Hearings. 1499 F. Alien Absconder Initiative. 1499 G. Voluntary Interview Program. 1501 H. Special Registration. 1502 I. Other... |
2010 |
| Donald S. Dobkin |
Challenging the Doctrine of Consular Nonreviewability in Immigration Cases |
24 Georgetown Immigration Law Journal 113 (Winter, 2010) |
It has happened to everyone who has ever practiced in the United States immigration field. Your client's petition is approved by the United States Citizen and Immigration Services (USCIS). After a long and arduous process, in most cases several years, your client finally arrives at the United States embassy in his home country for his interview on... |
2010 |
| Victor C. Romero |
Christian Realism and Immigration Reform |
7 University of Saint Thomas Law Journal 310 (Winter 2010) |
Drawing upon President Barack Obama's admiration of Reinhold Niebuhr's work, this essay outlines a Protestant, Christian realist approach toward immigration policy, with specific focus on the role of the executive in providing providential leadership. Embracing realism in its political, moral, and theological dimensions, Christian realism offers a... |
2010 |
| Yael Barbibay |
Citizenship Privilege or the Right to Religious Freedom: the Blackmailing of France's Islamic Women |
18 Cardozo Journal of International and Comparative Law 159 (Winter 2010) |
Table of Contents. 159 I. Introduction. 160 II. Mabchour's Application for Citizenship. 164 III. Islam in France. 167 IV. French Law No. 2004-228. 175 V. The Restrictive Turn of French Immigration Policies and Citizenship Laws. 179 VI. Violation of Article 9 of the Convention. 182 A. The Margin of Appreciation Doctrine. 185 B. Prescribed by Law.... |
2010 |
| Matthew Lister |
Citizenship, in the Immigration Context |
70 Maryland Law Review 175 (2010) |
Recently, many international law scholars have begun to argue that the modern world is experiencing a decline of citizenship and that citizenship is no longer an important normative category. This Article argues that, on the contrary, citizenship remains an important category and one that implicates considerations of justice. I articulate and... |
2010 |
| Sofía D. Martos |
Coded Codes: Discriminatory Intent, Modern Political Mobilization, and Local Immigration Ordinances |
85 New York University Law Review 2099 (December, 2010) |
The extent to which some local immigration ordinances are motivated by national-origin or racial discrimination is difficult to discern because our current application of the Equal Protection Clause involves a narrow understanding of the evidence of discriminatory intent. In the last decade, cities and towns have become immigration policy... |
2010 |
| Steven W. Bender |
Compassionate Immigration Reform |
38 Fordham Urban Law Journal 107 (November, 2010) |
To be hopeful in bad times is not just foolishly romantic. It is based on the fact that human history is a history not only of cruelty, but also of compassion, sacri?ce, courage, kindness.-Howard Zinn Ideals of comprehensive immigration reform have been co-opted by advocates of border and internal security and enforcement, leaving behind our... |
2010 |
| Margot K. Mendelson |
Constructing America: Mythmaking in U.s. Immigration Courts |
119 Yale Law Journal 1012 (March, 2010) |
This Note argues that immigration courts have served and continue to serve as important sites for the perpetuation of national identity myths. By focusing on a subset of cases called cancellation of removal, I examine the functional criteria by which immigrants are granted exemption from deportation. Despite ostensibly neutral statutory... |
2010 |
| Richard A. Boswell |
Crafting an Amnesty with Traditional Tools: Registration and Cancellation |
47 Harvard Journal on Legislation 175 (Winter 2010) |
Two pieces of legislation form the cornerstones of modern immigration reform. The first, the Immigration Reform and Control Act (IRCA), was enacted by Congress and signed into law by President Ronald Reagan in 1986. IRCA was proclaimed as a major step towards reform and was touted as the solution to the problem of illegal migration. The second,... |
2010 |
| Abbey C. Furlong |
Cultural Integration in the European Union: a Comparative Analysis of the Immigration Policies of France and Spain |
19 Transnational Law & Contemporary Problems 681 (Spring 2010) |
I. Introduction. 681 II. History of the Existing Immigration Policies of France and Spain. 682 A. France. 682 B. Spain. 684 III. Framing the Issue: Recent Immigration to the Eurpoean Union and Its Effect on the Immigration Policy Debate. 687 IV. Heightened Racial and Political Tension. 689 A. 2005 Paris Race Riots. 689 B. Violence in El Ejido. 691... |
2010 |
| Pilar Menor , Partner, DLA Piper |
Current Practices and Upcoming Changes for Immigration Law in Spain |
2010 Aspatore 271731 (January, 2010) |
When considering the economic and political factors that influence trends in immigration law, it is important to understand that the Spanish immigration regulations that are applicable to European Union (EU) citizens vary substantially from those applicable to non-EU citizens. Regarding the legal framework applicable to non-EU foreigners, the main... |
2010 |
| Anthony V. Alfieri |
Discovering Identity in Civil Procedure |
83 Southern California Law Review 453 (March, 2010) |
Speak up, baby.--Reverend Dorothy WashingtonCoconut Grove Ministerial Alliance Meeting This Review explores the story of Floride Norelus--an undocumented Haitian immigrant--her civil rights lawyers, and the judges who did not believe them. The backdrop for Norelus's story comes out of Ariela J. Gross's new book, What Blood Won't Tell: A History... |
2010 |
| Samuel L. Johnson |
Eagle Versus Phoenix: a Tale of Federalism |
7 South Carolina Journal of International Law & Business 109 (Fall, 2010) |
On July 28, 2010, the battle between the federal government and Arizona over immigration enforcement finally came to a head, albeit a temporary one, when United States District Court Judge Susan R. Bolton issued an order granting in part and denying in part the United States' Motion for Preliminary Injunction, thereby enjoining Arizona from... |
2010 |
| Reyna Ramolete Hayashi |
Empowering Domestic Workers Through Law and Organizing Initiatives |
9 Seattle Journal for Social Justice 487 (Fall/Winter, 2010) |
We are subjected to emotional and physical exploitation from which we cannot easily free ourselves because of the need to work and support our families in our home countries. For some of us, being immigrants--this makes our situation worse, because the employers take advantage of this situation, increasing our work hours, many times reaching 24... |
2010 |
| David B. Thronson |
Entering the Mainstream: Making Children Matter in Immigration Law |
38 Fordham Urban Law Journal 393 (November, 2010) |
Myths that parents are afforded easy and unwarranted pathways to U.S. citizenship through their U.S. citizen children and that children receive privileged treatment in U.S. immigration law stubbornly persist in public discussion surrounding possible immigration reform. Testing these myths, this essay examines immigration law's treatment of children... |
2010 |
| Shelly Chandra Patel |
E-verify: an Exceptionalist System Embedded in the Immigration Reform Battle Between Federal and State Governments |
30 Boston College Third World Law Journal 453 (Spring, 2010) |
Abstract: The immigration debate has proven to be fertile ground for promoting exceptionalist practices, where certain groups of people are isolated from the rest of the population and regarded as a subclass. The federal electronic employment verification system, E-Verify, is a prime example of such a practice. Passed under the Procurement Act, the... |
2010 |
| Naomi Barrowclough |
E-verify: Long-awaited 'Magic Bullet' or Weak Attempt to Substitute Technology for Comprehensive Reform? |
62 Rutgers Law Review 791 (Spring 2010) |
The subject of immigration reform was notably absent from the 2008 presidential campaign. Neither John McCain nor Barack Obama, who incidentally take similar positions on immigration, made immigration a focal point, or even a supporting feature, of their respective platforms. Notwithstanding the lack of attention given to what many term... |
2010 |
| Darcy M. Pottle |
Federal Employer Sanctions as Immigration Federalism |
16 Michigan Journal of Race and Law 99 (Fall 2010) |
Introduction. 990 I. IRCA's Employer Sanctions: From Punishment to Decentralization of Power. 105 A. A Brief History of IRCA's Employer Sanctions. 105 B. Employers as Private Immigration Screeners. 112 1. The I-9 Process. 114 2. E-Verify: An Attempt to Salvage Work Authorization Verification. 116 II. Federal Exclusivity in Immigration Enforcement.... |
2010 |
| Steven T. Taylor |
Firms in Phoenix Bank on Bankruptcy, Litigation as Economic Rebound Creeps along |
29 No. 9 Of Counsel Counsel 5 (September, 2010) |
Arizona's known for its bright sun and warm weather, desert landscape, retirement communities, baseball's spring training, the Grand Canyon, and, recently, for illegal immigration, legal battles, racial profiling, and tourism boycotts--sadly. One thing that may not immediately come to mind when considering the Valley of the Sun is its legal market,... |
2010 |
| Nicholas D. Michaud |
From 287(g) to Sb 1070: the Decline of the Federal Immigration Partnership and the Rise of State-level Immigration Enforcement |
52 Arizona Law Review 1083 (Winter 2010) |
In July 2009, the Department of Homeland Security (DHS) dramatically altered the notorious 287(g) program, a program that cultivates partnerships between Immigration and Customs Enforcement and local law enforcement. Billed as an effort to standardize immigration enforcement while focusing efforts upon priority aliens, the policy shift instead... |
2010 |
| Renee C. Redman |
From Importation of Slaves to Migration of Laborers: the Struggle to Outlaw American Participation in the Chinese Coolie Trade and the Seeds of United States Immigration Law |
3 Albany Government Law Review Rev. 1 (2010) |
I. The Chinese Coolie Trade--Briefly. 6 A. Recruitment of Chinese Coolies. 8 II. The Coolie Trade Prohibition Act. 13 A. Presidential Messages. 16 1. 1856 Presidential Report to Congress. 17 2. 1860 Bill. 28 B. 1860 Presidential Message. 38 C. 1861 Presidential Message. 43 D. 1862 Bill Introduced by Eliot. 47 III. The Legacy of the Coolie Trade... |
2010 |
| Sarah Bienkowski |
Has France Taken Assimilation Too Far? Muslim Beliefs, French National Values, and the June 27, 2008 Conseil D'état Decision on Mme M. |
11 Rutgers Journal of Law & Religion 437 (Spring, 2010) |
When people immigrate to a new country, they bring with them a variety of defining characteristics such as different languages, traditions, social norms, and religions that make up their respective identities. Some countries adopt a multiculturalist approach whereby the qualities that immigrants bring are embraced; however, other countries favoring... |
2010 |
| Anna C. Tavis |
Healthcare for All: Ensuring States Comply with the Equal Protection Rights of Legal Immigrants |
51 Boston College Law Review 1627 (November, 2010) |
Abstract: Noncitizens lawfully residing in the United States are considered a discrete and insular minority in equal protection jurisprudence. Foreclosed from meaningful political participation because of an inability to vote, this population is frequently the target of budget cuts in an economic downturn when legislators struggle to preserve... |
2010 |
| Kevin R. Johnson |
How Racial Profiling in America Became the Law of the Land: United States V. Brignoni-ponce and Whren V. United States and the Need for Truly Rebellious Lawyering |
98 Georgetown Law Journal 1005 (April, 2010) |
C1-3Table of Contents L1-2Introduction L31006 I. United States v. Brignoni-Ponce: Mexican Appearance [May Be] a Relevant Factor in Making an Immigration Stop. 1009 a. the historical backdrop. 1009 b. the stop. 1012 c. the district court. 1012 d. the court of appeals. 1014 e. the supreme court. 1015 1. The Briefs. 1016 2. Oral Argument. 1019 3.... |
2010 |
| Ryszard Cholewinski |
Human Rights of Migrants: the Dawn of a New Era? |
24 Georgetown Immigration Law Journal 585 (Summer, 2010) |
At the beginning of the 21 century, lawyers and activists concerned with the treatment of migrants in various parts of the world had good reason for concern. While international human rights law in principle applies to all persons regardless of nationality and immigration status, the core human rights instrument devoting specific attention to the... |
2010 |
| Randall G. Shelley, Jr. |
If You Want Something Done Right . . . : Chicanos Por La Causa V. Napolitano and the Return of Federalism to Immigration Law |
43 Akron Law Review 603 (2010) |
The Immigration Reform and Control Act of 1986, the lynchpin of federal regulation of illegal immigration, has failed, and as a result, the State of Arizona has taken action on its own. This action flies in the face of conventional thought about the role of states in regulating immigration, not to mention the Constitutional directive that... |
2010 |
| Kristina M. Campbell |
Imagining a More Humane Immigration Policy in the Age of Obama: the Use of Plenary Power to Halt the State Balkanization of Immigration Regulation |
29 Saint Louis University Public Law Review 415 (2010) |
The first decade of the twenty-first century has been grim for immigrants to the United States--both legal and undocumented--and the lawyers and advocates who work on their behalf. Following the failure of comprehensive immigration reform at the federal level, states and municipalities have seen fit to take matters into their own hands and pass a... |
2010 |
| Richardson LaBruce |
Immigrant Teachers in High-minority Schools: Using Immigration Law to Bypass Strict Scrutiny & the Colorblind Constitutionalism of Parents Involved |
79 Mississippi Law Journal 1073 (Summer, 2010) |
We are just students trying to become lawyers, doctors, congressmen like yourself and one day president, so we can make a change to not just the state of South Carolina but also the world. We are not quitters. Nestled amongst the golden tobacco fields of Dillon, South Carolina is J.V. Martin Junior High school. This hodgepodge of decrepit,... |
2010 |
| Catherine Norris |
Immigration and Abduction: the Relevance of U.s. Immigration Status to Defenses under the Hague Convention on International Child Abduction |
98 California Law Review 159 (February, 2010) |
In our increasingly mobile world, family relationships and problems often span national borders. These transborder entanglements pose challenges both for individuals and legal regimes. In the late 1970s, as a result of growing awareness of the phenomenon of child abduction by a parent, nations sought to address this issue through the creation of... |
2010 |
| Cristina M. Rodríguez |
Immigration and the Civil Rights Agenda |
6 Stanford Journal of Civil Rights & Civil Liberties 125 (April, 2010) |
I. Introduction. 125 II. The Civil Rights Paradigm. 127 A. Civil Rights as Incorporation. 128 B. Incorporation as Out of Reach. 130 III. The Mutual Benefit and Rule of Law Alternatives. 132 A. Mutual Benefit and Pragmatism. 132 B. The Rule of Law and Proportionality. 135 IV. Conclusion. 145 |
2010 |