| Author | Title | Citation | Summary | Year |
| Khiara M. Bridges |
THE DYSGENIC STATE: ENVIRONMENTAL INJUSTICE AND DISABILITY-SELECTIVE ABORTION BANS |
110 California Law Review 297 (April, 2022) |
Disability-selective abortion bans are laws that prohibit individuals from terminating a pregnancy because the fetus has been diagnosed with a health impairment. Many environmental toxins--to which low-income people and people of color disproportionately are exposed--are known to cause impairments in fetuses. When the fact of environmental... |
2022 |
| Huyen Pham , Pham Hoang Van |
The Economic Impact of Local Immigration Regulation: an Empirical Analysis |
32 Cardozo Law Review 485 (November, 2010) |
A wave of local anti-immigration laws has swept the country, triggering contentious debate and raising significant legal and policy issues. One critical dimension that has been largely ignored, however, is the economic impact of these laws: Are jurisdictions with them better off economically than those without them? In the first empirical study of... |
2010 |
| William R. Tamayo |
The Eeoc and Immigrant Workers |
44 University of San Francisco Law Review 253 (Fall 2009) |
I WANT TO THANK Professor Maria Ontiveros for inviting me to participate in this evening's event. I am honored to be on the program with Professor Juan Perea, one of this country's leading experts on labor law and national origin discrimination. He gave me quite a compliment when he cited one of my law review articles in one of his articles. I am... |
2009 |
| Caroline Bettinger-Lopez, Jamila Flomo, Amanda Suarez |
The Effects of Anti-Immigrant Laws in the U.s. on Victims of Domestic Violence, Sexual Assault, and Human Trafficking: a Gender-based Human Rights Analysis |
23 Harvard Latinx Law Review 17 (Spring, 2020) |
I. Introduction. 18 II. SB 168 Harms Immigrants and Immigrant Communities. 21 A. Recent Research and Data Reveal High Mistrust of the Police Amongst Immigrants When Local Law Enforcement Engages in Federal Immigration Enforcement. 23 B. Anti-Immigrant Laws Drain Resources and Divert Workstreams of Nonprofit Organizations Serving Victims. 26 C. SB... |
2020 |
| Shalini Bhargava Ray |
THE EMERGING LESSONS OF TRUMP v. HAWAII |
29 William & Mary Bill of Rights Journal 775 (March, 2021) |
In the years since the Supreme Court decided Trump v. Hawaii, federal district courts have adjudicated dozens of rights-based challenges to executive action in immigration law. Plaintiffs, including U.S. citizens, civil rights organizations, and immigrants themselves, have alleged violations of the First Amendment and the equal protection component... |
2021 |
| Kevin R. Johnson |
The End of "Civil Rights" as We Know It?: Immigration and Civil Rights in the New Millennium |
49 UCLA Law Review 1481 (June, 2002) |
This Article considers how emerging critical scholarship contributes to our understanding of the civil rights implications of immigration law and its enforcement. It further analyzes how immigration generates, and will continue to generate, new civil rights controversies in the United States for the foreseeable future. The nation has only begun to... |
2002 |
| Elora Mukherjee |
THE END OF ASYLUM REDUX AND THE ROLE OF LAW SCHOOL CLINICS |
133 Yale Law Journal Forum 473 (12/4/2023) |
abstract. The Biden Administration has perpetuated many of the prior administration's hostile policies undermining access to asylum at the southern border. This Essay first examines these policies and then identifies emerging opportunities for law school clinics to address these new challenges, including by serving asylum seekers south of the... |
2023 |
| Gabriel J. Chin *, Anna Ratner ** |
THE END OF CALIFORNIA'S ANTI-ASIAN ALIEN LAND LAW: A CASE STUDY IN REPARATIONS AND TRANSITIONAL JUSTICE |
29 Asian American Law Journal 17 (2022) |
For nearly a century, California law embodied a rabid anti-Asian policy, which included school segregation, discriminatory law enforcement, a prohibition on marriage with Whites, denial of voting rights, and imposition of many other hardships. The Alien Land Law was a California innovation, copied in over a dozen other states. The Alien Land Law,... |
2022 |
| Eunice Lee |
THE END OF ENTRY FICTION |
99 North Carolina Law Review 565 (March, 2021) |
Although entry fiction emerged in immigration and constitutional law over a century ago, the doctrine has yet to account for present-day carceral and technological realities. Under entry fiction, arriving immigrants stopped at the border are deemed unentered and not here for constitutional due process purposes, even in detention centers... |
2021 |
| Adam Francoeur |
The Enemy Within: Constructions of U.s. Immigration Law and Policy and the Homoterrorist Threat |
3 Stanford Journal of Civil Rights & Civil Liberties 345 (August, 2007) |
Introduction. 346 I. Immigration, Gender, and Sexuality in U.S. History: A History of Early American Immigration Law up to the Mid-20th Century. 347 II. From McCarthyism to 1990: Conceiving and Crafting the Exclusion of LGBT Immigrants. 351 A. 1950s-1967: Immigration Laws Affecting Homosexuals During the Cold War. 352 B. 1967-1983: A Summary of... |
2007 |
| Rebecca A. Delfino |
The Equal Protection Doctrine in the Age of Trump: the Example of Undocumented Immigrant Children |
84 Brooklyn Law Review 73 (Fall, 2018) |
Nearly a century ago, Supreme Court Justice Oliver Wendell Holmes, Jr. described an equal protection claim as the usual last resort of constitutional arguments. Not anymore. In the last forty years, the equal protection doctrine has become the Court's chief instrument for invalidating . laws. Now dawns a new era--the age of Trump--when the... |
2018 |
| Michael Doran |
The Equal-protection Challenge to Federal Indian Law |
6 University of Pennsylvania Journal of Law & Public Affairs Aff. 1 (November, 2020) |
This article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit. The theory underlying the attack is that the statute distinguishes between... |
2020 |
| Shayna S. Cook |
The Exclusion of Hiv-positive Immigrants under the Nicaraguan Adjustment and Central American Relief Act and the Haitian Refugee Immigration Fairness Act |
99 Michigan Law Review 452 (November, 2000) |
Introduction. 452 I. The Plain Language of NACARA and HRIFA. 459 II. Understanding the Legislative History of NACARA and HRIFA in Light of the Legislative History of the HIV Exclusion. 462 A. Congress's Policy Reasons Behind the HIV Exclusion. 463 B. Legislative Intent Behind NACARA and HRIFA. 468 III. Comparing the INS Regulations under NACARA and... |
2000 |
| Hollis V. Pfitsch |
The Executive's Scapegoat, the Court's Blind Eye? Immigrants' Rights after September 11 |
11 Washington and Lee Race and Ethnic Ancestry Law Journal 151 (Winter, 2005) |
An Arab American cab driver had a sobering question for NAPALC's Executive Director, Karen K. Narasaki, as she made her way to a press conference at the Japanese American memorial a week after September 11. How were the Japanese Americans treated in the internment camps during WWII? he asked. When Narasaki asked why he posed the question, he... |
2005 |
| Brendan Williams |
THE EXPENDABLES: HISPANIC WORKERS IN THE U.S. DURING THE COVID-19 PANDEMIC |
13 Alabama Civil Rights & Civil Liberties Law Review 119 (2021-2022) |
I. Essential Work. 121 II. Health Care Inequities. 127 III. White Privilege and Opposition to COVID-19 Safeguards. 136 IV. Conclusion. 141 |
2022 |
| Ellen Weis Aragon |
The Factory Raid: an Unconstitutional Act? |
56 Southern California Law Review 605 (January, 1983) |
The factory raid is a procedure currently used by the Immigration and Naturalization Service (INS) to find and deport undocumented or illegal aliens who work in this country. Factories, restaurants, and shops where INS agents suspect that illegal aliens will be found are the targets of these raids. The INS focuses its efforts on these... |
1983 |
| Josefina Aguila |
The Federal Immigration Power: Why Congress Cannot Overturn the Court's Decision in Arizona V. United States |
28 Georgetown Immigration Law Journal 663 (Spring, 2014) |
C1-3Table of Contents I. Introduction. 663 II. Immigration Law in the United States. 664 III. The Court's Holding in Arizona v. United States. 667 IV. The SAFE Act. 669 V. Inherent Authority of the States. 670 VI. Constitutional Immigration Power. 673 VII. Practical Consequences of Local Immigration Power. 677 VIII. Conclusion. 679 |
2014 |
| Ammar Phillips, 3L CHARLESTON SCHOOL OF LAW |
The Fight Towards Equality in a Public School: Whether "Separate but Unequal" Remains a Reality in Today's Public- School System |
14 Southern Journal of Policy and Justice Just. 3 (Fall, 2020) |
Over the past sixty-five years, America attempted to evolve from a segregated public-school system into an integrated one. The purpose of this paper is to discuss the still lasting effects of de jure and de facto segregation on the public-school system. The United States Supreme Court's school segregation decision in Brown v. Board of Education... |
2020 |
| Deborah M. Weissman , Angelina Godoy , Havan M. Clark |
THE FINAL ACT: DEPORTATION BY ICE AIR |
49 Hofstra Law Review 437 (Winter, 2021) |
Immigration enforcement has long served as an indicator of the prevailing visceral fears and loathing toward the Other. The foreign is always suspect. Foreigners in great numbers are especially suspicious. These developments are historically tied to the conventions of colonialism, expanded as a function of foreign policy, and to be sure, ideology.... |
2021 |
| Katherine E. Otto |
The Foreign National Prisoner's Dilemma in the United Kingdom: the Human Rights Implications of Restricting Article 8 Claims |
24 Transnational Law & Contemporary Problems 431 (Fall 2015) |
I. Introduction. 432 II. Development of U.K. Immigration Policies. 433 A. 1971 Immigration Act. 433 B. 2006 Backlash. 434 C. The Use of Article 8 by Foreign National Offenders. 435 D. 2012 Immigration Rule Changes and Controversy. 435 III. The 2014 Immigration Act. 439 IV. Advantages of the New Law. 441 A. Public Appeasement. 441 B. Public Safety.... |
2015 |
| Lucas Guttentag |
The Forgotten Equality Norm in Immigration Preemption: Discrimination, Harassment, and the Civil Rights Act of 1870 |
8 Duke Journal of Constitutional Law & Public Policy Pol'y 1 (2013) |
This Article explores the importance of the Civil Rights Act of 1870 to the current debate over immigration federalism and the preemption of state and local immigration laws under the Supremacy Clause. The 1870 Act, enacted by the Reconstruction Congress after the Civil War, prohibits discrimination on the basis of alienage. The Article shows... |
2013 |
| Tabatha L. Castro, Esq. |
THE FORGOTTEN PEOPLE |
39-WTR Delaware Lawyer 14 (Winter, 2021) |
How COVID-19 has affected the immigrant community Immigrants in Delaware make up a robust community filled with culture and diversity that makes the First State a unique place to call home. Immigrants work hard daily to support their families in Delaware and even in their native countries, by sending financial assistance to their loved ones.... |
2021 |
| Anil Kalhan |
The Fourth Amendment and Privacy Implications of Interior Immigration Enforcement |
41 U.C. Davis Law Review 1137 (February, 2008) |
This Article proposes privacy as a descriptive and normative framework to analyze the constellation of recent initiatives to expand interior enforcement of federal immigration laws. By expanding the circumstances in which individuals are expected to demonstrate their lawful presence in the United States, these various initiatives seek to transform... |
2008 |
| Mary Holper |
The Fourth Amendment Implications of "U.s. Imitation Judges" |
104 Minnesota Law Review 1275 (February, 2020) |
John Oliver, in a recent episode entitled Immigration Courts, shone a spotlight on the numerous problems with how U.S. immigration courts operate. He refuted a general misunderstanding that immigration courts sit in the judicial branch of government, rendering critical adjudicative decisions about deportation, and explained that they actually are... |
2020 |
| David A. Super |
The Future of U.s. Immigration Law |
53 U.C. Davis Law Review 509 (November, 2019) |
President Trump has exposed the longstanding inadequacy in the accepted model of immigration law. This model assumes that preferences range linearly from strongly pro-immigrant to strongly anti-immigrant, with centrist business groups holding the balance of power. This linear model ignores fundamental differences among family-based, humanitarian,... |
2019 |
| Dave McCurdy |
The Future of U.s. Immigration Law |
20 Journal of Legislation Legis. 3 (1994) |
Immigration reform is rapidly becoming a major political issue in 1994. With economic growth at a standstill and a new wave of immigrants rushing to our shores, some sixty-five percent of Americans now favor tighter immigration laws. Dozens of immigration bills have been introduced in Congress, bills which call for everything from a strengthening... |
1994 |
| Joan Fitzpatrick |
The Gender Dimension of U.s. Immigration Policy |
9 Yale Journal of Law & Feminism 23 (1997) |
I. Introduction. 23 II. Gender-Blind Immigration Policy-The U.S. Experience. 27 A. Gender Impact of the 1986 Amnesty Programs. 27 B. The 1986 Immigration Marriage Fraud Amendments. 31 C. Limits on Immigration by Household Workers. 34 D. Disqualification of Lawful Immigrants From Eligibility for Public Benefits. 37 III. Forced Migration of Women... |
1997 |
| James A. R. Nafziger |
The General Admission of Aliens under International Law |
77 American Journal of International Law 804 (October, 1983) |
One often reads or hears that a state has a right to exclude all aliens from its territory unless a treaty obligation requires admission. Frequently, that proposition prefaces discussion of such issues as immigration quotas, expulsion and deportation of aliens, justiciability and procedural due process in litigation involving immigration questions,... |
1983 |
| Marilyn L. Uzdavines |
The Great American Health Care System and the Dire Need for Change: Stark Law Reform as a Path to a Vital Future of Value-based Care |
7 Texas A&M Law Review 573 (Spring, 2020) |
I. Introduction 574 II. The Health Care Crisis Moves Lawmakers to Increase Fraud and Abuse Enforcement. 578 III. Enforcement of Health Care Fraud and Abuse Laws Save Billions of Dollars in the Medicare and Medicaid Programs. 583 A. The AKS as a Tool to Combat Health Care Fraud. 585 B. The FCA as a Tool to Combat Health Care Fraud. 587 C. The Stark... |
2020 |
| Mariah Stephens |
THE GREAT CLIMATE MIGRATION: A CRITIQUE OF GLOBAL LEGAL STANDARDS OF CLIMATE CHANGE-CAUSED HARM |
23 Sustainable Development Law & Policy 16 (Spring, 2023) |
Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one-hundred kilometers) of a coastline. The United Nations (U.N.) determined that a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that... |
2023 |
| Khaled A. Beydoun , Nura A. Sediqe |
THE GREAT REPLACEMENT: WHITE SUPREMACY AS TERRORISM? |
58 Harvard Civil Rights-Civil Liberties Law Review 69 (Winter, 2023) |
The events of January 6th 2021, and the era of emboldened armed white supremacist violence that surrounded the United States Capitol attack spurred state commitment to counter white supremacist terrorism. This unprecedented shift on the part of the federal executive branch, spearheaded by the Biden Administration, redirected War on Terror tools... |
2023 |
| Bridgette Ellen Hickey |
The Haitian Refugee Crisis and U.s. Immigration Law: the Extraterritorial Scope of § 243(h) of the Immigration and Nationality Act |
18 Vermont Law Review 173 (Fall, 1993) |
On November 18, 1991, the United States Government forcibly repatriated 538 Haitian boat people, perhaps to be murdered by their persecutors, without a perfunctory hearing of their claims for political asylum. More than 38,000 Haitians have attempted to flee to the United States in rickety boats since the bloody 1991 coup that overthrew the... |
1993 |
| Stephen M. Maurer |
The Healing Constitution: Updating the Framers' Design for a Hyperpolarized Society |
29-SPG Kansas Journal of Law & Public Policy 173 (Spring, 2020) |
I . recognized that I'm going to get nothing done--nothing--unless [my Democratic opponents] . work with me and can work collaboratively. - Mitt Romney To American ears, statements that legislation requires reaching across the aisle sound self-evident. How else could one reach a majority? Conversely, the idea that democratic politics can... |
2020 |
| Kerry Abrams |
The Hidden Dimension of Nineteenth-century Immigration Law |
62 Vanderbilt Law Review 1353 (October, 2009) |
I. Introduction. 1353 II. Mercer's Two Voyages. 1362 III. The Legal Response: Refusal to Restrict. 1381 A. The Response in the East: Massachusetts. 1381 B. The Response in the West: Washington Territory. 1386 1. The Public Charge Exclusions. 1388 2. The Lewd and Debauched Women Exclusions. 1392 IV. The Productive Role of Law. 1401 A. Laws to... |
2009 |
| Mary D. Fan |
THE HIDDEN HARMS OF PRIVACY PENALTIES |
56 U.C. Davis Law Review 71 (November, 2022) |
How to frame privacy penalties to protect our personal information is an important question as demands for legislation and proposals proliferate. The predominant assumption in calls for a comprehensive consumer privacy regime is that regulation and penalties arm the consumer David against Goliath businesses. Missing in the focus on powerful... |
2022 |
| Kristina M. Campbell |
The High Cost of Free Speech: Anti-solicitation Ordinances, Day Laborers, and the Impact of "Backdoor" Local Immigration Regulations |
25 Georgetown Immigration Law Journal L.J. 1 (Fall, 2010) |
This paper examines how local efforts to regulate the activities of immigrants, while not regulation of immigration per se, can have a substantial and detrimental effect on the civil rights of immigrants and Latinos. It will discuss how day laborers--individuals, mostly Latino men, who seek short-term employment in public fora--are routinely... |
2010 |
| Tina S. Ching |
THE HISTORY OF OREGON'S SO-CALLED "SANCTUARY" LAW |
114 Law Library Journal 233 (2022) |
Sanctuary laws are known as intensely partisan policy responding to immigration decisions made during the Trump administration. However, Oregon's law has been in place since 1987 and continues to evolve. This article documents the history of this pioneering state law through the passage of the 2021 Sanctuary Promise Act. Introduction. 233... |
2022 |
| Ruben J. Garcia |
THE HUMAN RIGHT TO WORKPLACE SAFETY IN A PANDEMIC |
64 Washington University Journal of Law & Policy 113 (2021) |
The COVID-19 pandemic has presented unique challenges for immigrant workers many of whom occupy jobs most at risk in the pandemic: heath care, janitorial services, and mass transit. This Article encourages the extension of human rights instruments protecting health and safety in the workplace to all workers, particularly immigrant workers. Garcia... |
2021 |
| Andres F. Rengifo , Lee Ann Slocum |
The Identity Prism: How Racial Identification Frames Perceptions of Police Contact, Legitimacy, and Effectiveness |
45 Law and Social Inquiry 590 (August, 2020) |
This article examines the role of racial identity in the configuration of opinions about the police. We argue that racial identity links social context to individual valuations of law enforcement, moderating the association between specific encounters and general views on police legitimacy and effectiveness. These propositions are assessed using... |
2020 |
| Sonia Chen |
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996: Another Congressional Hurdle for the Courts |
8 Indiana Journal of Global Legal Studies 169 (Fall, 2000) |
The development of U.S. immigration law has largely been influenced by the tension between the plenary power doctrine and constitutional norms. Some scholars have further suggested that this tension has resulted in the creation of phantom constitutional norms in the context of immigration laws. The plenary power doctrine declares that Congress... |
2000 |
| Cecelia M. Espenoza |
The Illusory Provisions of Sanctions: the Immigration Reform and Control Act of 1986 |
8 Georgetown Immigration Law Journal 343 (Summer, 1994) |
There are those in this nation who would use [the Immigration Reform and Control Act] as a pretext to deny employment to United States citizens and aliens lawfully residing here by right, simply because they look and sound foreign. The Zoë Baird incident revealed among other things, that aliens present in the United States without work... |
1994 |
| Nikolas Bowie , Norah Rast |
THE IMAGINARY IMMIGRATION CLAUSE |
120 Michigan Law Review 1419 (May, 2022) |
For the past century, the Supreme Court has skeptically scrutinized Congress's power to enact healthcare laws and other domestic legislation, insisting that nothing in the Constitution gives Congress a general power to regulate an individual from cradle to grave. Yet when Congress regulates immigrants, the Court has contradictorily assumed that... |
2022 |
| Anita Ortiz Maddali |
The Immigrant "Other": Racialized Identity and the Devaluation of Immigrant Family Relations |
89 Indiana Law Journal 643 (Spring, 2014) |
This Article explores how current terminations of undocumented immigrants' parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the... |
2014 |
| Anjana Malhotra |
The Immigrant and Miranda |
66 SMU Law Review 277 (Winter 2013) |
The recent dramatic convergence of immigration and criminal law is transforming the immigration and criminal justice system. While scholars have begun to examine some of the structural implications of this convergence, this Article breaks new ground by examining judicial responses and specifically the lens of Miranda v. Arizona. This Article... |
2013 |
| Bill Ong Hing |
The Immigrant as Criminal: Punishing Dreamers |
9 Hastings Women's Law Journal 79 (Winter 1998) |
Being a boat person is a crime. The crime begins with the acute desire on the part of the person to enter the United States, under even the most harrowing circumstances, in order to better herself or the lot of her family. They pay snakeheads to secret them in. We punish people for this crime. We capture them, imprison them, hold them without... |
1998 |
| Kristina M. Oven |
The Immigrant First as Human: International Human Rights Principles and Catholic Doctrine as New Moral Guidelines for U.s. Immigration Policy |
13 Notre Dame Journal of Law, Ethics & Public Policy 499 (1999) |
In American society, which so guards and upholds the right of the individual, there remains an inconsistency claiming more and more of the forefront of societal interaction, and with increasingly widespread effects throughout our nation as the twenty-first century approaches. It is the confrontation between immigrant and native-born, non-citizen... |
1999 |
| Brietta R. Clark |
The Immigrant Health Care Narrative and What it Tells Us about the U.s. Health Care System |
17 Annals of Health Law 229 (Summer 2008) |
In San Diego, California, a hospital used the private company Nextcare to transfer undocumented immigrants to a clinic in Mexico after providing stabilizing emergency care. A Los Angeles Times (L.A. Times) article recounted one patient's experience: the patient was brought to the emergency room because he had been in a car accident. He required... |
2008 |
| James D. DeRosa |
The Immigrant Investor Program: Cleaning up Canada's Act |
27 Case Western Reserve Journal of International Law 359 (Spring/Summer, 1995) |
Canada's Business Immigration Program was enacted as part of the Immigration Act as a way to promote, encourage, and facilitate the immigration of experienced business persons who can contribute to Canada's economic growth by applying risk capital and business acumen to Canadian business ventures that create jobs for Canadians. There are three... |
1995 |
| Robert A. Ferguson |
The Immigrant Plight/immigration Law: a Study in Intractability |
2 Columbia Journal of Race and Law 241 (2012) |
Intractable problems, ones that defy solution because of conflicting lines of force, almost always require an outside catalyst for any movement toward an answer. This Essay explores intractability through two parallel historical moments of conflict: debate over slavery in ante-bellum America and debate over aliens in current America. Severe... |
2012 |
| Geoffrey Heeren |
The Immigrant Right to Work |
31 Georgetown Immigration Law Journal 243 (Winter, 2017) |
Federal and state policies that make immigrant work putatively illegal are in tension with a constitutional right to work that is deeply rooted in United States history and jurisprudence. The Department of Homeland Security (DHS) regulates immigrant work through a system of employment authorization and sanctions on employers who hire unauthorized... |
2017 |