Kevin R. Johnson The Case for African American and Latina/o Cooperation in Challenging Racial Profiling in Law Enforcement 55 Florida Law Review 341 (January, 2003) I. L2-3,T3Racial Profiling in Law Enforcement 343. A. Criminal Law Enforcement. 343 B. Immigration Enforcement. 347 II. L2-3,T3Similar Harms, Common Concerns, and the Relationship Between Different Forms of Race-Based Law Enforcement 353. III. L2-3,T3The Efficacy of Multiracial Coalitions in Challenging Racial Profiling in Law Enforcement 357. IV.... 2003
Mary Fan The Case for Crimmigration Reform 92 North Carolina Law Review 75 (December, 2013) The nation is mired in immigration reform debates again. Leaders vow that this time will be different. The two groups most targeted by immigration control law over the last century, Hispanics and Asians, have increased in numbers and in political power. Conservative leaders are realizing that hostile policies toward people perceived as foreign are... 2013
Ilya Somin THE CASE FOR EXPANDING THE ANTICANON OF CONSTITUTIONAL LAW 2023 Wisconsin Law Review 575 (2023) The anticanon of constitutional law is an underappreciated constraint on judicial discretion. Some past decisions are so reviled that no judge can issue analogous rulings today, without suffering massive damage to their reputation. This Essay argues for expanding the anti-canon and proposes three worthy new candidates: The Chinese Exclusion Case,... 2023
Kevin Tessier The Challenge of Immigration Policy in the New South Africa 3 Indiana Journal of Global Legal Studies 255 (Fall, 1995) South Africa's immigration policy is in a state of flux. South Africa's borders, once heavily guarded by government troops fighting African National Congress guerillas, have proven to be an ineffective barrier to the recent surge in illegal immigrants and refugees entering the country. Following the national election which brought Nelson Mandela's... 1995
Michael M. Hethmon The Chimera and the Cop: Local Enforcement of Federal Immigration Law 8 University of the District of Columbia Law Review 83 (Fall 2004) Iobates sent Bellerophon away with orders to kill the Chimera that none might approach; a thing of immortal make, not human, lion-fronted and snake behind, a goat in the middle, and snorting out the breath of the terrible flame of bright fire. -- Homer, Iliad 6.179-182. The questions of if, when, and how local police can enforce federal immigration... 2004
Rachel E. Rosenbloom The Citizenship Line: Rethinking Immigration Exceptionalism 54 Boston College Law Review 1965 (November, 2013) Abstract: It is not possible to police the movement of aliens without first determining who is and is not a citizen. Yet little scholarly attention has been devoted to the nature of citizenship determinations or their implication for our understanding of immigration enforcement as a whole. Thousands of U.S. citizens are caught up in immigration... 2013
Angela P. Harris , Aysha Pamukcu The Civil Rights of Health: a New Approach to Challenging Structural Inequality 67 UCLA Law Review 758 (October, 2020) An emerging literature on the social determinants of health reveals that subordination is a major driver of public health disparities. This body of research makes possible a powerful new alliance between public health and civil rights advocates: an initiative to promote the civil rights of health. Understanding health as a matter of justice, and... 2020
Gabriel J. Chin The Civil Rights Revolution Comes to Immigration Law: a New Look at the Immigration and Nationality Act of 1965 75 North Carolina Law Review 273 (November, 1996) In this historical analysis of the Immigration and Nationality Act Amendments of 1965, Professor Chin argues that Congress eased restrictions on Asian immigration into the United States in an effort to equalize immigration opportunities for groups who had been the victims of discriminatory immigration laws in the past. In Part I of the Article, he... 1996
Alexis Hoag THE COLOR OF JUSTICE 120 Michigan Law Review 977 (April, 2022) Free Justice: a History of the Public Defender in Twentieth Century America. By Sara Mayeux. University of North Carolina Press. 2020. Pp. xi, 271. $26.95. Writing about history requires making certain decisions: when to start the account, what to include and exclude, which documents and artifacts to rely upon, and what questions to address. One... 2022
Tom I. Romero, II THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE 25 CUNY Law Review 241 (Summer, 2022) This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... 2022
Meredith K. Olafson The Concept of Limited Sovereignty and the Immigration Law Plenary Power Doctrine 13 Georgetown Immigration Law Journal 433 (Spring, 1999) Precedents are made or unmade not on logic and history alone . We can get from those who preceded a sense of the continuity of a society. We can draw from their learning a feel for the durability of a doctrine and a sense of the origins of principles. But we have experience that they never knew. Our vision may be shorter or longer. But it is ours.... 1999
Trevor George Gardner THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE 171 University of Pennsylvania Law Review 1699 (June, 2023) This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... 2023
Nicole E. Merritt The Conflicting Interests of Labor Demands and Employer Based Immigration Laws: Old Problems Require New Solutions 11 Scholar: St. Mary's Law Review on Minority Issues 281 (Winter 2009) I. Introduction. 282 A. Origins of Employment Based Enforcement. 287 II. Legal Background. 289 III. Legal Analysis. 301 A. No-Match Letters: DHS's Plan to Strengthen the Laws on the Books . 301 1. Constructive Knowledge as It Currently Exists. 303 2. The Employee Verification Process. 309 3. Answering the Knowledge Question Through Electronic... 2009
Victor C. Romero The Congruence Principle Applied: Rethinking Equal Protection Review of Federal Alienage Classifications after Adarand Constructors, Inc. V. Peña 76 Oregon Law Review 425 (Summer 1997) Founded on the ideal of equality under the law for all people, the United States has long prided itself as a nation of immigrants. From the welcoming words of Lady Liberty to the metaphor of the melting pot, America's history is replete with images of an inclusive society dedicated to the proposition that all parties to its social contract are... 1997
Thomas F. Hicks The Constitution, Aliens Control Act, and Xenophobia: the Struggle to Protect South Africa's Pariah--the Undocumented Immigrant 7 Indiana Journal of Global Legal Studies 393 (Fall, 1999) Since the fall of the apartheid regime and the dawn of a promising democratic government, immigrants from neighboring southern African countries have increasingly sought entry into South Africa. Awaiting these immigrants, in stark contrast to their expectations of social and legal security, is a harsh climate of xenophobia. South Africa, burdened... 1999
Clare Huntington The Constitutional Dimension of Immigration Federalism 61 Vanderbilt Law Review 787 (April, 2008) Introduction. 788 I. States, Localities, and Immigration. 795 A. The Legal Backdrop: Federal Dominance. 795 B. The Current Resurgence of State and Local Regulation. 799 II. The Constitution and Federal Exclusivity. 807 A. A Taxonomy of Preemption. 808 B. The Category Error. 811 1. Structural Preemption. 812 a. Text. 812 b. Institutional Structure.... 2008
Laura A. Hernández The Constitutional Limits of Supply and Demand: Why a Successful Guest Worker Program must Include a Path to Citizenship 10 Stanford Journal of Civil Rights & Civil Liberties 251 (June, 2014) The United States is a proud nation of immigrants, with a short memory. As the country's need for immigrant labor continues unabated, legislative reaction to these labor demands is myopic. It is undisputed that the American desire for cheap labor incentivizes the migration of unskilled and undocumented guest workers. As long as market demand for... 2014
Huyen Pham The Constitutional Right Not to Cooperate? Local Sovereignty and the Federal Immigration Power 74 University of Cincinnati Law Review 1373 (Summer, 2006) I. Introduction. 1374 II. Federalism Harms of Cooperation Laws:Immigration as a Case Study. 1378 A. The Significance of Cooperation. 1379 B. The Roots of Non-Cooperation. 1381 1. Nature of the Immigration Power. 1381 2. Sanctuary Laws. 1382 3. Federal Reaction: 1996 Cooperation Laws. 1384 C. Non-Cooperation Laws Post 9/11:. 1386 1. Federal Push for... 2006
Karla Mari McKanders The Constitutionality of State and Local Laws Targeting Immigrants 31 University of Arkansas at Little Rock Law Review 579 (Summer Symposium 2009) This symposium is targeted at addressing current immigration issues across the country, specifically in Arkansas, and how lawyers can seek to achieve social justice for immigrants. There is currently much activity and discussion surrounding state and local laws that target immigrants. Central to this discussion is whether states and localities are... 2009
Margaret McEntire The Constriction of Rights: a Property Law Approach to City-based Immigration Initiatives That Place Rental Bans on City Ballots 12 Scholar: St. Mary's Law Review on Minority Issues 291 (Winter 2010) I. Introduction. 292 II. Background. 295 A. Genesis and Evolution of Rental Ban Ordinances. 295 B. Conflict of Laws. 296 C. Rental Ban Layout. 297 1. Prohibitions and Requirements for Property Owners. 297 2. Punitive Measures for Violators. 298 3. Harboring Leads to Prosecution. 299 D. Parallel Ordinances and the Alleged Reasoning Behind Their... 2010
Tanya Katerí Hernández The Construction of Race and Class Buffers in the Structure of Immigration Controls and Laws 76 Oregon Law Review 731 (Fall 1997) In the midst of current anti-immigration sentiment, which is motivating dramatic changes in the United States' immigration laws, there exists the myth that prior immigration laws were more equitable and humanitarian. Yet historical analysis reveals that immigration law has been put to uses far from idyllic, and has always been concerned with the... 1997
Susan Burkhardt The Contours of Conformity: Behavioral Decision Theory and the Pitfalls of the 2002 Reforms of Immigration Procedures 19 Georgetown Immigration Law Journal 35 (Fall, 2004) I. Introduction. 36 II. Background of Immigration Law and Adjudication. 42 A. Deference and Delegation. 42 B. Structure of Administrative Immigration Adjudication. 43 R1III. L2Recent Procedural Changes in Adjudication of Immigration Cases. 44 A. Expanded Single-Member Review. 46 B. Decisions Without Opinion. 49 L2C. Heightened Standard of Review of... 2004
Kari Hong The Costs of Trumped-up Immigration Enforcement Measures 2017 Cardozo Law Review de novo 119 (2017) Currently, our country spends $18 billion each year on immigration enforcement, which is nearly $4 billion more than the combined budgets of the FBI, DEA, Secret Service, and ATF. President Trump hopes to substantially increase that annual number with his proposed heightened enforcement measures that result in more arrests, more ICE officers... 2017
Susan Bibler Coutin , Véronique Fortin THE CRAFT OF TRANSLATION: DOCUMENTARY PRACTICES WITHIN IMMIGRATION ADVOCACY IN THE UNITED STATES 46 PoLAR: Political and Legal Anthropology Review 24 (May, 2023) This article builds on anthropological research on bureaucratic inscription as a power-laden process to explore the craft of document translation in contexts of immigration legal advocacy. In a legal climate characterized by suspicion and resource scarcity, immigrants who seek to regularize their status in the United States face steep evidentiary... 2023
Jonathan Simon The Criminal Is to Go Free: the Legacy of Eugenic Thought in Contemporary Judicial Realism about American Criminal Justice 100 Boston University Law Review 787 (May, 2020) The criminal is to go free because the constable has blundered. --Judge Benjamin Cardozo, People v. Defore Historians of the American penal state agree that eugenics--the global scientific and social movement for government managing of the racial stock of society--was a significant influence on the major wave of penal expansion that took... 2020
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
Juliet Stumpf The Crimmigration Crisis: Immigrants, Crime, and Sovereign Power 56 American University Law Review 367 (December, 2006) Prologue: Memorandum to the President-Elect. 368 Introduction. 376 I. Immigration and Criminal Law Converge. 379 A. Overlap in the Substance of the Law. 381 1. Removing noncitizen offenders. 382 2. Immigration-related criminal offenses. 384 3. Crimmigration and terrorism. 385 B. Similarities in Enforcement. 386 C. Procedural Parallels. 390 D.... 2006
Michele R. Pistone THE CRISIS OF UNREPRESENTED IMMIGRANTS: VASTLY INCREASING THE NUMBER OF ACCREDITED REPRESENTATIVES OFFERS THE BEST HOPE FOR RESOLVING IT 92 Fordham Law Review 893 (December, 2023) Introduction. 894 I. Representation in Immigration Cases Dramatically Improves Outcomes for Migrants. 896 II. The Reasons Why Unrepresented Migrants Fare Worse in Immigration Courts Are Multifold and Overdetermined. 899 III. The Traditional Solution Proposed for Improving Immigrant Representation--The Encouragement of More Pro Bono Representation... 2023
Breanne J. Palmer The Crossroads: Being Black, Immigrant, and Undocumented in the Era of #Blacklivesmatter 9 Georgetown Journal of Law & Modern Critical Race Perspectives 99 (Spring, 2017) This paper discusses the detrimental, intersectional effects of immigration law and criminal law on Black immigrants, both with and without documentation. Anti-Black racism, deeply embedded in America's criminal law system, funnels Black immigrants into the criminal justice system, and subsequently into removal or other punitive immigration... 2017
Javier Talamo The Cuban Adjustment Act: a Law under Siege? 8 ILSA Journal of International and Comparative Law 707 (Spring, 2002) I. L2-3,T3Introduction 707. II. L2-3,T3Cuban Adjustment Act of 1966: Congressional Intent 708. III. L2-3,T3Application and Use in Subsequent Migration Crisis: Mariel-Guantanamo 711. IV. L2-3,T3Enforcement or Circumvention of the Cuban Adjustment Act? 716. V. L2-3,T3INS Interpretation of the Illegal Immigration and Immigrant Responsibility of 1996... 2002
Nimish R. Ganatra The Cultural Dynamic in Domestic Violence: Understanding the Additional Burdens Battered Immigrant Women of Color Face in the United States 2 Journal of Law in Society 109 (Winter, 2001) The women's movement has made significant progress on many issues over the past thirty years. Included among the accomplishments are the gains achieved by the anti-domestic violence movement in making violence against women a crime and a growing concern for society. However, not all of the intended beneficiaries of the anti-domestic violence... 2001
Angela M. Banks The Curious Relationship Between "Self-deportation" Policies and Naturalization Rates 16 Lewis & Clark Law Review 1149 (Winter, 2012) Governor Mitt Romney has stated that the country's immigration problems can be solved through self-deportation. Arizona, Alabama, Georgia, South Carolina, and Virginia agree. For example, K-12 public schools in Alabama are required to ascertain the immigration status of all enrolling students. Police officers in Arizona, Alabama, Georgia, South... 2012
Hope M. Babcock The Current Role of the Environment in Reinforcing Acts of Domestic Terrorism: How Fear of a Climate Change Apocalypse May Strengthen Right-wing Hate Groups 38 Virginia Environmental Law Journal 207 (2020) Right-wing extremist organizations, like white supremacists and nativists, are using the environment as a rallying cry to gain supporters of their anti-social agendas. Apocalyptic rhetoric about climate change and the lack of action to combat it has frightened some people into accepting the simplistic, violent worldview of these groups. Although... 2020
Suja A. Thomas THE CUSTOMER CASTE: LAWFUL DISCRIMINATION BY PUBLIC BUSINESSES 109 California Law Review 141 (February, 2021) It is legal to follow and watch people in retail stores based on their race, give inferior service to restaurant customers based on their race, and place patrons in certain hotel rooms based on their race. Congress enacted Title II of the Civil Rights Act of 1964 to protect Black and other people of color from discrimination and segregation in... 2021
Thomas Ward Frampton THE DANGEROUS FEW: TAKING SERIOUSLY PRISON ABOLITION AND ITS SKEPTICS 135 Harvard Law Review 2013 (June, 2022) Prison abolition, in the span of just a few short years, has established a foothold in elite criminal legal discourse. But the basic question of how abolitionists would address the dangerous few often receives superficial treatment; the problem constitutes a spectral force haunting abolitionist thought . as soon as abolitionist discourses... 2022
Talia Peleg THE DANGERS OF ICE'S UNCHECKED REARREST POWER 86 Albany Law Review 517 (2022-2023) Introduction. 519 I. Background: The Modern Presumption of Detention, ICE Arrest Authority, Alternatives to Detention, and the Power to Rearrest. 533 A. Immigration Detention: From a Presumption of Release to Presumption of Detention. 533 1. Standards for Initial Arrest. 535 2. DHS's Initial Custody Determination. 538 3. Immigration Judge Custody... 2023
Paul Gowder The Dangers to the American Rule of Law Will Outlast the next Election 2020 Cardozo Law Review de novo 126 (2020) According to many constitutional lawyers and political scientists, the presidential administration of Donald Trump (for scholars on the left), or the response to that presidency (for scholars on the right) poses serious dangers to American constitutional democracy and the rule of law. However, this Essay argues that a more careful understanding of... 2020
Dale Carpenter THE DEAD END OF ANIMUS DOCTRINE 74 Alabama Law Review 585 (2023) Introduction. 586 I. A Primer on Animus Doctrine.. 589 A. Animus in Democratic Theory. 590 B. Animus in Constitutional History. 591 C. Animus Doctrine in the Supreme Court: The Quadrilogy. 592 1. U.S. Department of Agriculture v. Moreno. 592 2. City of Cleburne v. Cleburne Living Center. 593 3. Romer v. Evans. 594 4. United States v. Windsor. 596... 2023
Shelese Emmons The Debre Bill: Immigration Legislation or a National "Front"? 5 Indiana Journal of Global Legal Studies 357 (Fall 1997) France has absorbed more immigrants than any other European country. Even today, forty percent of all French people have at least one foreign grandparent. The number of foreigners migrating to France declined by forty percent between 1992 and 1995 and the proportion of immigrants in the French population has remained the same for the past twenty... 1997
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
Robert Foss The Demise of the Homosexual Exclusion: New Possibilities for Gay and Lesbian Immigration 29 Harvard Civil Rights-Civil Liberties Law Review 439 (Summer, 1994) The passage of the Immigration Act of 1990 and its subsequent signature by President Bush represent the closing of a shameful chapter in United States history. The new law repealed many of the exclusionary provisions of the Immigration and Nationality Act (INA), among them, the exclusion of homosexuals. The quiet and unspectacular passage of the... 1994
Eddie Bernice Johnson , Lawrence J. Trautman THE DEMOGRAPHICS OF DEATH: AN EARLY LOOK AT COVID-19, CULTURAL AND RACIAL BIAS IN AMERICA 48 Hastings Constitutional Law Quarterly 357 (Spring, 2021) During late 2019, reports emerged that a mysterious coronavirus was resulting in high contagion and many deaths in Wuhan, China. In just a few weeks, cases rose quickly in Seattle, spread to California, and the first instance of the virus appeared in New York (from Iran) on March 1, 2020. As the months pass, it is abundantly clear that less wealthy... 2021
Adriane Meneses The Deportation of Lawful Permanent Residents for Old and Minor Crimes: Restoring Judicial Review, Ending Retroactivity, and Recognizing Deportation as Punishment 14 Scholar: St. Mary's Law Review on Minority Issues 767 (2012) I. Introduction. 769 II. Legal History of Criminal Consequences in Immigration Law. 778 A. The Historical Expansion of Grounds of Deportation. 778 1. Crimes Involving Moral Turpitude (CIMTs). 779 2. Narcotics Offenses. 780 3. Evolving Definition of Aggravated Felony . 781 4. 1996 Laws: AEDPA and IIRIRA. 781 B. Elimination of Judicial Review and... 2012
T.S. Twibell The Development of Gender as a Basis for Asylum in United States Immigration Law and under the United Nations Refugee Convention: Case Studies of Female Asylum Seekers from Cameroon, Eritrea, Iraq and Somalia 24 Georgetown Immigration Law Journal 189 (Winter, 2010) Enhancing understanding of and sensitivity to gender-related issues will improve U.S. asylum adjudications . it is important that United States asylum adjudicators understand those complexities and give proper consideration to gender-related claims. Legacy INS Policy Memorandum Regarding Adjudicating Asylum Cases on the Basis of Gender, United... 2010
Mabel Aguilar The Discriminatory Impact of the Immigration Reform and Control Act of 1986 10 Chicano Law Review 14 (1990) The purpose of this paper is to examine the discriminatory effect of the Immigration Reform and Control Act of 1986, which attempts to resolve the present immigration crisis through the use of employer sanctions. This note addresses the validity of IRCA opponents' fears that increased discrimination would result from IRCA's employer sanctions... 1990
Laila L. Hlass , Rachel Leya Davidson , Austin Kocher THE DOUBLE EXCLUSION OF IMMIGRANT YOUTH 111 Georgetown Law Journal 1407 (June, 2023) Congress created Special Immigrant Juvenile Status (SIJS) in 1990 to protect vulnerable children from deportation by providing a pathway to lawful permanent residency and citizenship. Although relatively few immigrant children applied for SIJS in the early years of the program, the number of SIJS petitions grew significantly over the past decade.... 2023
Aziz Z. Huq The Double Movement of National Origin Discrimination 87 University of Chicago Law Review 2397 (December, 2020) Jose Figueroa's case presented little out of the ordinary for the federal courts. His was a multimillion-dollar drug operation run out of Wisconsin that fell apart when a dealer and a partner flipped and gave testimony for the government. Only in the closing moments of sentencing did Figueroa's case take an unusual turn, one that would in due... 2020
Ming-sung Kuo The Duality of Federalist Nation-building: Two Strains of Chinese Immigration Cases Revisited 67 Albany Law Review 27 (2003) The terrorist attacks on September 11, 2001 rekindled the national debate on the status of non-citizen immigrants in the United States. While the ostensible cause of this debate--a massive atrocity committed by non-U.S. citizens--is new, its substance is not. Over a century ago, two cases involving the constitutional status of Chinese immigrants in... 2003
Sharon Shaji THE DUE PROCESS OWED TO NONCITIZENS: STANDARDIZING THE BURDEN IN § 1226(A) BOND HEARINGS WITH THE HELP OF HERNANDEZ-LARA AND VELASCO LOPEZ 44 Cardozo Law Review 1635 (April, 2023) C1-2Table of Contents Introduction. 1636 I. Background. 1639 A. An Overview of Immigration Courts. 1639 B. Section 1226(a) and Removal Proceedings. 1641 C. The Shift from Favoring Liberty to Favoring Detention. 1643 D. The Due Process Owed to Noncitizens. 1645 E. Guidance (or Lack Thereof) from the Supreme Court. 1647 II. Circuit Split. 1648 A.... 2023
BY: EMMA O. GUZMÁN The Dynamics of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996: the Splitting-up of American Families 2 Scholar: St. Mary's Law Review on Minority Issues 95 (2000) I. Introduction. 100 II. Background. 104 A. The Historical Aspect of Separation of Families. 104 B. Constitutional Rights of Families. 105 III. Congressional Limits on Immigration. 108 A. The History of Immigration Law. 108 B. The Goals of Immigration Law. 109 C. The Preference System Concerning Families. 111 D. Changes Made by IIRIRA. 115 E.... 2000
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