Author | Title | Citation | Summary | Year |
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 |
Adam B. Cox, Cristina M. Rodríguez |
The President and Immigration Law |
119 Yale Law Journal 458 (December, 2009) |
The plenary power doctrine sharply limits the judiciary's power to police immigration regulation--a fact that has preoccupied immigration law scholars for decades. But scholars' persistent focus on the distribution of power between the courts and the political branches has obscured a second important separation-of-powers question: how is... |
2009 |
Brendan L. Smith |
Tongue Ties |
95-APR ABA Journal 17 (April, 2009) |
JUAN ESTENOS MAY HAVE BEEN A HIGHLY EDUCATED accountant in Peru, but when he immigrated to the United States the best job he could find was as a clerk at an employee credit union for the Pan American Health Organization and World Health Organization in Washington, D.C. Estenos spoke little English but was hired in January 2000, though the job's... |
2009 |
Nina Rabin |
Unseen Prisoners: Women in Immigration Detention Facilities in Arizona |
23 Georgetown Immigration Law Journal 695 (Summer, 2009) |
L1-2Introduction . L3696 I. Background. 698 A. The Basics of Immigration Detention. 698 B. Women in Immigration Detention. 702 1. A Growing Population. 702 2. A Population with Distinctive Characteristics and Needs. 703 C. The Facilities. 703 D. Applicable Standards. 706 1. Detention Standards. 706 2. Other Applicable Standards. 707 3. Gender... |
2009 |
James Duff Lyall |
Vigilante State: Reframing the Minuteman Project in American Politics and Culture |
23 Georgetown Immigration Law Journal 257 (Winter, 2009) |
Last spring, this journal published an essay by Jim Gilchrist, co-founder of the Minuteman Project. In that essay, Gilchrist argues that an illegal alien invasion (undocumented immigration) is to blame for a host of social ills--from crime, unemployment, pollution, and disease to traffic gridlock, high tuition costs, poor health care, and... |
2009 |
Anna Williams Shavers |
Welcome to the Jungle: New Immigrants in the Meatpacking and Poultry Processing Industry |
5 Journal of Law, Economics & Policy 31 (Spring, 2009) |
I. Introduction. 31 II. Enter the Jungle: The Economics of Employing New Immigrants. 33 A. Immigration and the U.S. Workforce. 36 1. The Foreign-Born Workforce. 36 2. Black Americans and Immigration. 46 3. Taxes and Benefits. 48 B. The Meatpacking and Poultry Processing Industry. 52 1. The House of Swift. 52 2. The Changing Face of the Meatpacking... |
2009 |
Huyen Pham |
When Immigration Borders Move |
61 Florida Law Review 1115 (December, 2009) |
With recent immigration enforcement efforts, we have created a completely new paradigm of moving borders: laws, enacted at all levels of government, that require proof of legal immigration status in order to obtain a driver's license, a job, rental housing, government need-based assistance, and numerous other essential benefits. Unlike the fixed... |
2009 |
Keith Aoki , John Shuford , Kristy Young , Thomas Hwei |
(In)visible Cities: Three Local Government Models and Immigration Regulation |
10 Oregon Review of International Law 453 (2008) |
I. International Local Government Law and Three Local Government Models. 459 A. Setting the Stage. 459 B. Federalism and Constitutional Silence. 463 C. The City as Public or Private: Three Models of the Legitimate Scope and Type of Local Government Power. 472 1. The City as a Public De Facto Semi-Autonomous Polity. 472 2. A Hybrid Model:... |
2008 |
Virginia Martinez, Jazmin Garcia, Jasmine Vasquez |
A Community under Siege: the Impact of Anti-immigrant Hysteria on Latinos |
2 DePaul Journal for Social Justice 101 (Fall 2008) |
In April 2006, a 16 year-old Mexican-American boy named David Ritcheson was savagely beaten, sodomized with a patio umbrella pole and burned repeatedly with a cigarette. One of the attackers, a skinhead, attempted to carve a swastika in his chest. This occurred at a party in a private home in a small town in Texas as a result of a disagreement over... |
2008 |
Rick Su |
A Localist Reading of Local Immigration Regulations |
86 North Carolina Law Review 1619 (September, 2008) |
The conventional account of immigration regulations at the local level often assumes that the local is simply a new battleground in the national immigration debates. This Article questions that assumption. Foregrounding the legal rules that organize local governments and channel local action, this Article argues that the local immigration... |
2008 |
Leticia M. Saucedo |
A New "U": Organizing Victims and Protecting Immigrant Workers |
42 University of Richmond Law Review 891 (March, 2008) |
This article explores the viability and potential effectiveness of immigration law's U visa to contribute to the protection of groups of workers in substandard and dangerous workplaces. Immigration law has increasingly become an obstacle to the enforcement of employment and labor law to protect immigrant workers. Moreover, employment and labor law,... |
2008 |
Maria E. Andrade , Hans C. Meyer |
A Problem Worth Looking For: Immigration-related Employer Investigations, Sanctions and Protection Plans |
51-JUL Advocate 19 (June/July, 2008) |
Considering the present landscape of heightened immigration enforcement and recent changes to immigration law, businesses with a large non-citizen workforce need to take an honest look at their employment-related immigration practices. Failure to do so, particularly given the vitriolic and polarizing environment of the contemporary immigration... |
2008 |
Jason P. Luther |
A Tale of Two Cities: Is Lozano V. City of Hazleton the Judicial Epilogue to the Story of Local Immigration Regulation in Beaufort County, South Carolina? |
59 South Carolina Law Review 573 (Spring 2008) |
Immigration is a national issue. -District Judge Munley, writing in Lozano v. City of Hazleton I could no longer wait for the federal government to do anything. . . . Illegal immigration is not a federal problem. It is a local issue. We deal with it every single day. -Louis Barletta, Mayor of Hazleton, Pennsylvania When the federal government... |
2008 |
Gwynne Harris Birzer , Hite, Fanning & Honeyman L.L.P., Wichita, KBA Diversity Committee Chair |
Achieving Diversity in the Kansas Legal Profession |
77-OCT Journal of the Kansas Bar Association B.A. 6 (October, 2008) |
Racial and ethnic diversity has always been a hallmark of American society. Immigration from different parts of the world, and the different fertility and mortality rates among recent migrants, has kept the racial and ethnic composition in flux. Diversity is not only strength, it is a necessity. Our values should reflect appreciation of diversity... |
2008 |
Leticia M. Saucedo |
Addressing Segregation in the Brown Collar Workplace: Toward a Solution for the Inexorable 100% |
41 University of Michigan Journal of Law Reform 447 (Winter 2008) |
Despite public perception to the contrary, segregated workplaces exist in greater number today than ever before, largely because of the influx of newly arrived immigrant workers to low-wage industries throughout the country. Yet existing anti-discrimination frameworks no longer operate adequately to rid workplaces of the segregation that results... |
2008 |
Sarah E. Mullen-Domínguez |
Alienating the Unalienable: Equal Protection and Valley Park, Missouri's Illegal Immigration Ordinance |
52 Saint Louis University Law Journal 1317 (Summer 2008) |
Mayor Jeffrey Whitteaker turned up his radio as he cruised down Highway 30 in his American-made pick-up. A radio report caught his ear. It described a rousing controversy over a municipal ordinance recently passed in the small town of Hazelton, Pennsylvania. Hazelton's City Council had enacted an ordinance that cracked down on the illegal... |
2008 |
Christopher Angevine |
Amnesty and the "Legality" of Illegal Immigration: How Reliance and Underenforcement Inform the Immigration Debate |
50 South Texas Law Review 235 (Winter 2008) |
I. Introduction. 235 II. Illegal Immigration and the Law's Formal Response . 236 III. Immigration (Under)Enforcement. 243 A. Border Insecurity. 245 B. Turning a Blind Eye to the Employment of Illegal Immigrants. 247 IV. Enforcement, Reliance, and Amnesty. 251 V. Conclusion. 255 |
2008 |
Maria Fernanda Parra-Chico |
An Up-close Perspective: the Enforcement of Federal Immigration Laws by State and Local Police |
7 Seattle Journal for Social Justice 321 (Fall/Winter 2008) |
The attacks of September 11, 2001, evoked a debate over whether, and to what extent, the federal government should employ the resources and efforts of local law enforcement agencies to carry out U.S. immigration law mandates. Today, state and local governments--working closely with federal authorities-- are enacting laws and ordinances seeking to... |
2008 |
Priscilla Huang |
Anchor Babies, Over-breeders, and the Population Bomb: the Reemergence of Nativism and Population Control in Anti-immigration Policies |
2 Harvard Law & Policy Review 385 (Summer, 2008) |
At the start of 2008, news of a baby boomlet made headlines. For the first time in 35 years, the U.S. fertility rate, or average number of children born to each woman, reached 2.1 in 2006, the number statisticians say is needed for a population to replace itself. Demographers pointed to an increase in the number of immigrants as a main reason for... |
2008 |
Carlos Hiraldo |
Arroz Frito with Salsa: Asian Latinos and the Future of the United States |
15 Asian American Law Journal 47 (May, 2008) |
Just as media publications tend to demarcate national and international sections, as if one can be quarantined from the other, discussions of immigrant groups usually isolate the communities concerned. The United States popular media represents Asians and Latinos as separate entities inhabiting separate spheres, presuming no intersection between... |
2008 |
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Bibliography |
9 Rutgers Race & the Law Review 483 (2008) |
Lauren Arms, It's Not All Black and White: Race-Based Admissions Purport to Achieve a Critical Mass of Diversity, but in Reality Merely Mask a Pre-Determined Quota of the Ideal Integrated Society, 49 S. Tex. L. Rev. 205 (2007). Carrie L. Arnold, Note, Racial Profiling in Immigration Enforcement: State and Local Agreements to Enforce Federal... |
2008 |
Robert Koulish |
Blackwater and the Privatizaton of Immigration Control |
20 Saint Thomas Law Review 462 (Spring 2008) |
I. Introduction. 462 II. The Shock Doctrine. 464 III. The Shock Doctrine Infrastructure: Plenary Powers and Privatization. 467 IV. The Immigration Industrial Complex. 474 V. Conclusion. 488 |
2008 |
Ilyce Shugall , Rebecca Desnoyers |
Case Note: Orozco V. Mukasey: When an Entry May Not Be an "Admission" and the Fundamental Problems with the Ninth Circuit's Analysis |
35 William Mitchell Law Review 68 (2008) |
I. Introduction. 69 II. Historical Background and Development. 74 A. A Brief Overview of the Immigration and Nationality Act. 74 B. Adjustment of Status Under INA section 245(a). 77 1. Background. 77 2. Current Provision. 80 C. The Term Admission . 81 1. Entry vs. Admission. 81 2. Multiple References in INA. 84 D. Waivers Authorized for Fraud and... |
2008 |
Veronica Nelly Velez |
Challenging Lies Latcrit Style: a Critical Race Reflection of an Ally to Latina/o Immigrant Parent Leaders |
4 FIU Law Review 119 (Fall, 2008) |
I was nervous as I looked over my notes, preparing to share some preliminary research about Rose Unified's current schooling dilemmas. As I tried to release some of the tension I felt, I realized that in many ways the information I was about to present, and the forum organized to share it that evening with teachers, school district officials, civic... |
2008 |
Jennifer M. Chacón |
Civil Rights, Immigrants' Rights, Human Rights: Lessons from the Life and Works of Dr. Martin Luther King, Jr. |
32 New York University Review of Law and Social Change 465 (2008) |
Unlike several of the scholars participating in this symposium, I have no personal memory of Martin Luther King, Jr. I was born several years after the assassination of Dr. King. My memories of Dr. King are the product of books and television. I have seen documentary footage of the March on Washington and have therefore heard, in scratchy... |
2008 |
Richard A. Boswell |
Crafting True Immigration Reform |
35 William Mitchell Law Review Rev. 7 (2008) |
I. Introduction. 7 II. The Elusivity of Reform. 8 A. National Security and Terrorism. 13 III. America's Changing Demographics. 19 IV. A Growing Undocumented Population. 22 V. Proposed Reforms. 31 A. Reducing the Underground Population. 32 B. Dealing with the Forces of Migration. 34 VI. Conclusion. 36 |
2008 |
Karen E. Bravo , María Pabón López |
Crisis Meets Reality: a Bold Proposal for Immigration Reform |
61 SMU Law Review 191 (Winter 2008) |
Opening the Floodgates: Why America Needs to Rethink its Borders and Immigration Laws, by Kevin R. Johnson, New York: New York University Press, Critical America Series, 2007, 304 pp, $35.00, ISBN 0814742866. ILLEGAL ALIENS SUCK! This was the brash message on the bumper sticker on the back of a pick-up truck on the north side of Indianapolis,... |
2008 |
David B. Thronson |
Custody and Contradictions: Exploring Immigration Law as Federal Family Law in the Context of Child Custody |
59 Hastings Law Journal 453 (February, 2008) |
The Border Patrol arrested and processed for repatriation an undocumented father who was detained along with his U.S. citizen daughter who was in his care. As the moment of repatriation approached, the daughter's U.S. citizen mother appeared at the Border Patrol station and demanded the child. In the absence of a state court order awarding her... |
2008 |
Frances Ansley |
Doing Policy from Below: Worker Solidarity and the Prospects for Immigration Reform |
41 Cornell International Law Journal 101 (Winter 2008) |
I remember stepping to the podium last winter and congratulating the editors of this journal: first, for organizing a symposium around the important theme of immigration policy, and second, for featuring a panel on the question of immigrant workers' rights. The focus on rights at least implicitly invited us to put the perspectives of U.S.... |
2008 |
Christopher N. Lasch |
Enforcing the Limits of the Executive's Authority to Issue Immigration Detainers |
35 William Mitchell Law Review 164 (2008) |
I. A Brief History of Recent Immigration Enforcement Efforts Targeting Criminal Aliens. 166 II. Detainers in Practice. 173 A. Who initiates the detainer process?. 177 B. When are detainers placed?. 178 C. In what cases are detainers placed?. 179 D. When does ICE obtain custody of those held on detainers?. 179 III. Authority to Issue Immigration... |
2008 |
Rachel E. Morse |
Following Lozano V. Hazleton: Keep States and Cities out of the Immigration Business |
28 Boston College Third World Law Journal 513 (Spring, 2008) |
IMMIGRANTS: YOUR COUNTRY NEEDS THEM. By Philippe Legrain. United States: Princeton University Press. 2007. Pp. 333. Abstract: In Immigrants: Your Country Needs Them, Phillipe Legrain makes an economic argument for open borders. While he describes an ideal, the reality is that the United States will not implement an open border policy anytime soon.... |
2008 |