AuthorTitleCitationSummaryYear
Andrea Aguilar Civilian Border Patrols: the Right to Safely Cross the Border Vs. The Right to Protect Private Property 11 Scholar: St. Mary's Law Review on Minority Issues 371 (Spring 2009) I. Introduction. 372 II. Legal Background. 376 A. The Federal Government's Statutory Right to Control Immigration. 376 B. Civilian Border Patrol Groups' Legal Rights. 378 C. Constitutional Protections for Aliens. 383 III. Legal Analysis. 385 A. Political and Social Issues. 385 1. The Threat of Federal Interference Posed by Civilian Border Patrol... 2009
Christopher Carlberg Cooperative Noncooperation: a Proposal for an Effective Uniform Noncooperation Immigration Policy for Local Governments 77 George Washington Law Review 740 (April, 2009) If you are an illegal immigrant in New York City and a crime is committed against you, I want you to report that. Because . . . the next time a crime is committed, it could be against a citizen or a legal immigrant. -- Rudolph Giuliani Leaders of states, cities, and counties in the United States, like Mayor Giuliani, have struggled to determine... 2009
Heidi Beirich, Mark Potok Countering Anti-immigration Extremism: the Southern Poverty Law Center's Strategies 12 New York City Law Review 405 (Summer 2009) At the end of the twentieth century and the beginning of the twenty-first, it became increasingly clear that the United States was seeing the rise of a xenophobic and ostensibly racist anti-immigration movement. This nativist wave was, unsurprisingly, accompanied by a rise since 2000 of more than fifty percent in the number of hate groups listed by... 2009
Gerald L. Neuman Dangerous Intersection 44 University of San Francisco Law Review 241 (Fall 2009) IN FEBRUARY 2009, the University of San Francisco Law Review convened a Symposium for the purpose of investigating The Evolving Definition of the Immigrant Worker: The Intersection Between Employment, Labor, and Human Rights Law. On the eve of the Symposium, the theme was introduced by the delivery of the Jack Pemberton Lecture by Professor Juan F.... 2009
Riddhi Mukhopadhyay Death in Detention: Medical and Mental Health Consequences of Indefinite Detention of Immigrants in the United States 7 Seattle Journal for Social Justice 693 (Spring/Summer, 2009) My hope of a land of liberty has been transformed into a nightmare. To this is added moral suffering due to detention, for I do not know how long I will spend in this detention center. It is as if I am living through a bad dream, and soon will wake and finally reach this land of freedom that I still seek. Rwandan refugee and detainee Escaping civil... 2009
Corrie Bilke Divided We Stand, United We Fall: a Public Policy Analysis of Sanctuary Cities' Role in the "Illegal Immigration" Debate 42 Indiana Law Review 165 (2009) 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-tost to me . . . . This inscription located on the Statue of Liberty is recognized as a symbol of freedom and hope for those immigrants arriving in the United States, the initial step taken to... 2009
Laura Sullivan Enforcing Nonenforcement: Countering the Threat Posed to Sanctuary Laws by the Inclusion of Immigration Records in the National Crime Information Center Database 97 California Law Review 567 (April, 2009) Across the United States, local police officers are playing an increasingly active role in the enforcement of federal immigration laws against the nation's estimated 12 million illegal immigrants. Immigration-related detentions resulting from contact with local officers have dramatically increased in recent years. In some jurisdictions, local... 2009
David E. Bernstein , Thomas C. Leonard Excluding Unfit Workers: Social Control Versus Social Justice in the Age of Economic Reform 72 Law and Contemporary Problems 177 (Summer 2009) Immigration, working poverty, and the relationship of women to the labor market are vital and contentious issues today, as they were a century ago, when some influential, progressive social scientists blueprinted and began constructing the house of American labor reform. New Deal liberals later expanded the edifice. This article documents that the... 2009
Roya Hajbandeh France, Love it or Leave It: New French Law Restricts Family Reunification 27 Wisconsin International Law Journal 335 (Summer 2009) This article will demonstrate that the new French immigration law, On the Control of Immigration, Integration, and Asylum, does not accomplish the country's intent of inhibiting illegal immigration, and instead, restricts family reunification, which violates French laws, European Union laws, and promotes an underlying discriminatory policy to... 2009
Evelyn H. Cruz , Robert J. McWhirter G-men Run Amuck 45-AUG Arizona Attorney 34 (July/August, 2009) Don't shoot, G-Men; don't shoot, G-Men! So cried gangster Machine Gun Kelly with hands up when the Feds arrested him in 1933--at least that's the version from The FBI Story with Jimmy Stewart. After that, every kid in America wanted to be a G-Man! Now, theoretically, every cop in America can enforce immigration law and be a G-Man... 2009
Maria Jockel , Principal, Russell Kennedy Pty Ltd. Immigration Law and Enforcement in Australia 2009 Aspatore 4861184 (December, 2009) Immigration law in Australia continues to be a fundamental part of nation building. As a relatively young nation, Australia has continued to rely on its immigration laws and policies to meet the policies and priorities of the government of the day. The Australian Constitution at Section 51(xix) gives the Commonwealth Parliament of Australia the... 2009
Bridget Kessler In Jail, No Notice, No Hearing . . . No Problem? A Closer Look at Immigration Detention and the Due Process Standards of the International Covenant on Civil and Political Rights 24 American University International Law Review 571 (2009) INTRODUCTION. 573 I. BACKGROUND. 576 A. The International Covenant on Civil and Political Rights and the United States. 576 1. The Prohibition Against Arbitrary Detention of Article 9(1). 580 2. The Promptly Inform Notice Standard of Article 9(2). 581 3. The Right to Judicial Review Without Delay of Article 9(4). 582 B. Custody Procedures in... 2009
Bill Ong Hing Institutional Racism, Ice Raids, and Immigration Reform 44 University of San Francisco Law Review 307 (Fall 2009) ON A COLD, RAW DECEMBER MORNING in Marshalltown, Iowa, Teresa Blanco woke up to go to work at the local Swift meat packing plant. Hundreds of others across the town were doing the same thing, in spite of the miserable mixture of sleet, mist, and slush that awaited them outside their front doors. As they made their way to the plant, the workers, who... 2009
César Cuauhtémoc García Hernández La Migra in the Mirror: Immigration Enforcement and Racial Profiling on the Texas Border 23 Notre Dame Journal of Law, Ethics & Public Policy 167 (2009) The first step in any Latino urban agenda must be to remove La Migra from the front yard. -- Mike Davis Where would the United States be without its ilegales? -- Ilan Stavans On an ordinary Saturday night in late July 2007 the traffic on a bridge linking the Mexican state of Tamaulipas with the Texas border cities of Hidalgo and McAllen was in its... 2009
César Cuauhtémoc García Hernández La Migra in the Mirror: Immigration Enforcement, Racial Profiling, and the Psychology of One Mexican Chasing after Another 72 Albany Law Review 891 (2009) Good morning, it is a pleasure to be here. I would like to thank Professor Anthony Farley, the editors of the Albany Law Review, and the Albany Law Journal of Science & Technology for inviting me in, and for all of you for being here this morning. I would like to spend my time this morning talking about racial profiling. Specifically, I plan to... 2009
Lisa R. Pruitt Latina/os, Locality, and Law in the Rural South 12 Harvard Latino Law Review 135 (Spring 2009) Legal issues associated with immigration are playing out at multiple scales, from the local to the national. In this era of municipal anti-immigrant ordinances and federal-local cooperation to enforce immigration laws, legal actors at the municipal, county, and state levels have become frontline policymakers and law enforcers in relation to... 2009
Simi N. A. Junior Many Strands: Immigration Reform and the Effect of Mexican Migration on African American Unemployment 10 Rutgers Race & the Law Review 487 (2009) America is woven of many strands; I would recognize them and let it so remain . . . . Our fate is to become one, and yet many--This is not prophecy, but description. The events of that day were unforgettable. A grainy videotape showed a black man being viciously beaten by four white police officers. What appeared to be an act of racial savagery was... 2009
Stephen Steinberg Neoliberal Immigration Policy and its Impact on African Americans 23 Notre Dame Journal of Law, Ethics & Public Policy 209 (2009) This paper builds on my earlier paper,Immigration, African Americans, and Race Discourse, published inNew Politics in 2005. In that paper, I argued that all through American history, beginning with slavery, ruling elites installed a system of occupational apartheid that relegated African Americans to the least desirable jobs in the preindustrial... 2009
Matthew T. Hovey Oh, I'm Sorry, Did That Identity Belong to You? How Ignorance, Ambiguity, and Identity Theft Create Opportunity for Immigration Reform in the United States 54 Villanova Law Review 369 (2009) No subject touches the essence of the American experience more fundamentally than immigration, for our history is that of a heterogeneous people in quest of a homogeneous national identity. In 2004, Mr. Nassim Mohamed Leon, a Tanzanian man who legally immigrated to the United States and subsequently became a naturalized citizen, achieved a feat... 2009
D. Wendy Greene On Race, Nationhood, and Citizenship: Laura E. Gómez, Manifest Destinies: the Making of the Mexican American Race--new York University Press, 2007 34 Thurgood Marshall Law Review 421 (Spring, 2009) In response to a marked increase in immigration from South and Central America and a rapidly changing demography, within the past two decades a number of United States news pundits, politicians, and scholars have manufactured media campaigns linking illegal immigration in the United States to individuals of Mexican descent. This portrayal has... 2009
Abby Sullivan On Thin Ice: Cracking down on the Racial Profiling of Immigrants and Implementing a Compassionate Enforcement Policy 6 Hastings Race and Poverty Law Journal 101 (Winter 2009) Since 2006 the United States Immigration and Customs Enforcement (ICE) has increasingly conducted workplace and residence raids as a prominent mechanism for the enforcement of immigration laws. According to the Immigration Policy Center, a nonprofit immigration think tank, the immigration reform debate's heavy focus on undocumented immigration... 2009
Stephen H. Legomsky Portraits of the Undocumented Immigrant: a Dialogue 44 Georgia Law Review 65 (Fall, 2009) It has been fifty-six years since Henry Hart's classic article, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, introduced dialectic into the world of legal scholarship. His imaginary exchange between two legal scholars rooted out the arguments for and against a congressional power to insulate... 2009
Rachel Feller Preempting State E-verify Regulations: a Case Study of Arizona's Improper Legislation in the Field of "Immigration-related Employment Practices" 84 Washington Law Review 289 (May, 2009) Abstract: In 1996, Congress established E-Verify, a program that allows employers to confirm the employment eligibility of new hires by using a federal electronic database. Although the federal government makes the program voluntary for employers, some states and municipalities have enacted legislation requiring the program's use to prevent the... 2009
Stephen Lee Private Immigration Screening in the Workplace 61 Stanford Law Review 1103 (March, 2009) For over twenty years, our immigration laws have required employers to screen their workforces for unauthorized immigrants. But rather than punish employers for failing to carry out these duties, the Department of Homeland Security (DHS) has worked with employers to identify unauthorized workers for removal--even where it is abundantly clear that... 2009
Donald S. Dobkin Race and the Shaping of U.s. Immigration Policy 28 Chicana/o-Latina/o Law Review 19 (2009) The date is October 13, 2004, some 147 years after Chief Justice Roger Taney and the infamous Dred Scott case. Representing the United States government, Deputy Solicitor General Edwin Kneedler, stands before the United States Supreme Court and tells the Court that the nation needs to protect its borders and in doing so some noncitizens must be... 2009
Diana R. Podgorny Rethinking the Increased Focus on Penal Measures in Immigration Law as Reflected in the Expansion of the "Aggravated Felony" Concept 99 Journal of Criminal Law and Criminology 287 (Winter 2009) This Comment discusses how the Immigration Acts of 1996 have focused on poor predictors of character and how they have created inconsistency in immigration law, increased litigation, and heightened incentives for illegality and dishonesty. First, the Comment discusses the current state of the criminal provisions present in immigration law. Then, it... 2009
Pratheepan Gulasekaram , Rose Cuison Villazor Sanctuary Policies & Immigration Federalism: a Dialectic Analysis 55 Wayne Law Review 1683 (Winter, 2009) Introduction. 1683 I. The San Francisco Sanctuary Ordinance. 1687 II. San Francisco's Ordinance, 8 U.S.C. § 1373, and Preemption Analysis. 1691 A. Political Showdown. 1692 B. Preemption Analysis: Doctrinal Framework. 1697 III. Sub-Federal Immigration Regulation and Preemption Doctrine. 1707 A. Local Matters Versus Local Immigration Regulation. 1707... 2009
Claire A. Smearman Second Wives' Club: Mapping the Impact of Polygamy in U.s. Immigration Law 27 Berkeley Journal of International Law 382 (2009) Polygamy played a role in the development of United States immigration law from its very inception. Concerns about the polygamous marriage practices of Chinese immigrants flooding into California in the mid-nineteenth century fueled the passage of early anti-immigrant statutes, with predictions that the immoral Chinese, with their tradition of... 2009
Micaela Schuneman Seven Years of Bad Luck: How the Government's Delay in Issuing U-visa Regulations Further Victimized Immigrant Crime Victims 12 Journal of Gender, Race and Justice 465 (Winter 2009) In June 2001, Sai Maddi, an Indian national who had a U.S. employment visa, was charged with attempted murder for biting, burning, and beating his wife. Maddi's wife, Sireesha Pesala, wanted to stay in New Jersey to testify against her husband, but her U.S. immigration status was based on, or derivative of, her husband's visa. This derivative... 2009
Eileen Kaufman Shelter from the Storm: an Analysis of U.s. Refugee Law as Applied to Tibetans Formerly Residing in India 23 Georgetown Immigration Law Journal 497 (Spring, 2009) I. Introduction & Representative Case Study. 498 II. Immigration Law, the Theory of Asylum, and the Firm Resettlement Doctrine. 505 A. Immigration Law as a Rule of Regulation/Exclusion. 505 B. Asylum as an Exception to the Rule of Exclusion. 506 1. Theory of Asylum. 506 2. Sources of Law: International Conventions and Domestic Law. 509 C. Doctrine... 2009
Andrea Barton Sitting on Ellis Island: the Fate of Disparate Immigration Policies in the Wake of the Guantanamo Bay Cases 23 Notre Dame Journal of Law, Ethics & Public Policy 233 (2009) In the early morning hours of December 5, 2007, a light snow fell just before sun break on the steps of Supreme Court plaza in Washington, D.C. and on seventy-three sleeping spectators camped out waiting in the hope of securing one of the few public seats for oral arguments the next day in what was assured to be an historic day in the Court. The... 2009
Rhonda V. Magee Slavery as Immigration? 44 University of San Francisco Law Review 273 (Fall 2009) As an African-American woman and legal scholar, I have long been troubled by the absence of sustained discourse within the legal academy on the legacies of American chattel slavery and its multifaceted impact on contemporary U.S. law and policy. Since entering the academy, I have puzzled, mostly in silence, over the continued absence of scholarship... 2009
L. Darnell Weeden Standing and Speaking Constitutional Truth to Local Power Regarding Undocumented Immigrant Residents Dwelling with We the People of the United States 34 Southern Illinois University Law Journal 55 (Fall, 2009) We the People of the United States, in order to establish a more perfect Union with justice and fairness for all persons, shall promote domestic tranquility by giving voice and constitutional protections to those undocumented immigrants dwelling with us. This article will consider the logic of recent policies involving laws targeting undocumented... 2009
Timothy A. Newman Standing to Challenge State and Local Immigration Regulation: How the Notion of Expressive Injury Can Restore Federal Power over Immigration 17 William & Mary Bill of Rights Journal 1215 (May, 2009) John Doe 1 was a tenant in Hazleton, Pennsylvania, in September, 2006. Because he was not a United States citizen or permanent legal resident, he was confident the United States government could deport him at any time. But the city council of the town he called home, and not the federal government, was the first to take action against him. Most are... 2009
Seth M.M. Stodder , Nicolle Sciara Rippeon State and Local Governments and Immigration Laws 41 Urban Lawyer 387 (Summer, 2009) The United States Supreme Court has repeatedly held that the authority to control immigration . is vested solely in the Federal government. The Court has linked this exclusive power to Article I of the Constitution, which grants Congress the authority to establish an uniform Rule of Naturalization and to regulate Commerce with foreign... 2009
Nchimunya D. Ndulo State Employer Sanctions Laws and the Federal Preemption Doctrine: the Legal Arizona Workers Act Revisited 18 Cornell Journal of Law & Public Policy 849 (Summer 2009) As the desire to seize upon employment opportunities within the United States persists, illegal immigration continues to rise. Some states are disproportionately affected by this phenomenon, and as a result, frustration continues to mount in response to what is perceived as an ineffective attempt by the federal government to regulate illegal... 2009
Pratheepan Gulasekaram Sub-national Immigration Regulation and the Pursuit of Cultural Cohesion 77 University of Cincinnati Law Review 1441 (Summer 2009) Introduction. 1443 I. Sub-national Legislation and the Importance of Cultural Cohesion. 1448 A. The Relationship Between National Border Control and Sub-national Immigration Regulation. 1449 B. The Importance of Cultural Cohesion and Continuity. 1451 II. Proscriptions on Sub-national Pursuit of Cultural Cohesion Through Closure. 1456 A. Cultural... 2009
Kevin R. Johnson Ten Guiding Principles for Truly Comprehensive Immigration Reform: a Blueprint 55 Wayne Law Review 1599 (Winter, 2009) I. Introduction. 1600 II. The Ten Guiding Principles. 1610 A. U.S. Immigration Laws Must Recognize that Migration Between Nations is Primarily Driven by Economic Opportunity and Labor Supply and Demand in the United States. 1610 B. U.S. Immigration Laws Must Be Enforceable. 1617 C. Immigration Law Must Fairly Treat Immigrants. 1620 D. Immigration... 2009
Erin E. Stefonick The Alienability of Alien Suffrage: Taxation Without Representation in 2009 10 Florida Coastal Law Review 691 (Summer 2009) The history of immigration in the United States of America reaches beyond the establishment of the country itself. Beginning with the arrival of explorers, slaves, and the Pilgrims, there were a number of different ethnic groups that migrated to the United States. While the diversity ultimately helped shape America into a culturally rich nation,... 2009
Paul Spruhan The Canadian Indian Free Passage Right: the Last Stronghold of Explicit Race Restriction in United States Immigration Law 85 North Dakota Law Review 301 (2009) Peter Roberts had a problem. A Canadian citizen and a member of the Campbell River Band of Canadian Indians, Roberts regularly crossed the United States-Canada border to visit his property in Point Roberts, Washington. He had a green card, and had been crossing the border since he was a young boy with his family to visit relatives on the Lummi... 2009
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
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
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
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
Adam Blank The Immigration Enforcement Multiplier: Examination of Ina Section 287(g) in Light of Florida's Memorandum of Understanding 34 Nova Law Review 219 (Fall, 2009) I. Introduction. 220 II. Authority of State and Local Law Enforcement Regarding Federal Immigration Laws. 222 A. Scope of Police Powers Defined by Case Law. 222 B. 1996 Amendment to the Immigration and Nationality Act, Analysis of Section 287(g). 224 III. Overview of the Florida Memorandum of Understanding. 226 A. Purpose Behind the Formulation of... 2009
Kevin R. Johnson The Intersection of Race and Class in U.s. Immigration Law and Enforcement 72 Law and Contemporary Problems Probs. 1 (Fall 2009) Since its emergence in the 1960s and 1970s, ethnic- (including white) studies scholarship has analyzed race and class as intertwined and interrelated. An inherently conservative discipline, law is notoriously resistant to scholarly change. As a result, legal scholarship often lags behind the cutting edge of other disciplines. Not surprisingly, only... 2009
Robert T. Senh The Liberty Rights of Resident Aliens: You Can't Always Get What You Want, but If You Try Sometimes, You Might Find, You Get What You Need 11 Oregon Review of International Law 137 (2009) L1-2Introduction . L3138 I. The Unnecessary Doctrine of Plenary Power over Immigration. 141 II. Retooling the Debate. 145 A. Limiting the Definition of Immigration Law. 146 B. The Limits of Legal Citizenship. 147 C. The Personhood and Membership Paradigms. 148 D. Separation and Convergence Models. 150 III. Distributive Principles. 157 A.... 2009
Elizabeth McCormick The Oklahoma Taxpayer and Citizen Protection Act: Blowing off Steam or Setting Wildfires? 23 Georgetown Immigration Law Journal 293 (Winter, 2009) This article considers Oklahoma's recent experiment in immigration regulation and examines how it is that Oklahoma has found itself on the front lines of the illegal immigration debate. The article begins with a discussion of the rich history of immigration to and immigrants in Oklahoma. It then attempts to unpack the evolution of Oklahoma's... 2009
Michael A. Olivas The Political Economy of the Dream Act and the Legislative Process: a Case Study of Comprehensive Immigration Reform 55 Wayne Law Review 1757 (Winter, 2009) I. The DREAM Act. 1759 A. Litigation, Legal Developments. 1759 B. State Legislative Developments: New State Legislation Introduced, Passed and Defeated. 1769 II. The DREAM Act in Congress and Federal Developments. 1785 III. The Politics of Immigration Reform. 1789 IV. Conclusion. 1802 Many developments have kept the Development, Relief, and... 2009
Lori A. Nessel The Practice of Medical Repatriation: the Privatization of Immigration Enforcement and Denial of Human Rights 55 Wayne Law Review 1725 (Winter, 2009) I. The Mixed Messages Sent by the Jimenez Ruling. 1730 II. Informed Consent and Voluntary Repatriations. 1733 III. Can State Courts Order Repatriations When Patients Will Not Consent?. 1742 IV. Should Hospitals Report Undocumented Status to DHS?. 1745 V. Human Rights Norms Prohibit Forced or Coerced Medical Repatriations. 1749 VI. Need for... 2009
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