AuthorTitleCitationSummaryYear
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
  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
The Editors Foreword 2 Law & Ethics of Human Rights Rts. 1 (January, 2008) This year's issue is based on the articles presented at the Academic Center of Law & Business second international human rights conference on the subject of Demography and Human Rights. The conference examined the role of demographic considerations in internal public policy and immigration policy raising challenging questions such as can a state... 2008
Charles R.P. Pouncy Foreword: Latcrit Xii--the Critical Locality and the Processes of Community 20 Saint Thomas Law Review 387 (Spring 2008) I. Introduction. 387 II. The Critical Locality and LatCrit Literature. 388 III. The Symposium Clusters. 393 IV. Cluster I--Immigration and Cosmopolitanism. 394 V. Cluster II: Economics Interpersonal, Structural and Political. 402 VI. Cluster III: Regions and Cultures. 417 VII. Cluster IV: Critical Politics and Jurisprudence. 424 VIII. Cluster V:... 2008
Mary Romero Go after the Women: Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women and Their Children 83 Indiana Law Journal 1355 (Fall, 2008) Protect Our Children, Secure Our Borders! is the rallying cry adopted by Mothers Against Illegal Aliens (MAIA), an Arizona-based women's anti-immigration group founded by Michelle Dallacroce in January 2006. Like other race-based nativist groups emerging in the United States, MAIA targets immigrants as the reason for overcrowded and low-achieving... 2008
Stella Burch Elias Good Reason to Believe: Widespread Constitutional Violations in the Course of Immigration Enforcement and the Case for Revisiting Lopez-mendoza 2008 Wisconsin Law Review 1109 (2008) In 1984, the United States Supreme Court held in INS v. Lopez-Mendoza that the exclusionary rule does not ordinarily apply to respondents in immigration proceedings. However, the Court suggested that its opinion about the applicability of the exclusionary rule might change if constitutional violations by immigration officers became a widespread... 2008
Ian Long Have You Been an Un-american?: Personal Identification and Americanizing the Noncitizen Self-concept 81 Temple Law Review 571 (Summer 2008) I. Introduction: The Current Immigration Debate. 572 II. Undocumented Immigrants and Personal Identification. 575 A. The Need for Personal Identification. 575 B. Attempts to Obtain Personal Identification for Undocumented Immigrants Enjoy Only Marginal (and Perhaps Temporary) Success. 578 1. Driver's Licenses. 578 2. Local Identification: The Elm... 2008
Fernando Garcia Human Rights and Immigrants in the U.s.: an Experience of Border Immigrant Communities 22 Georgetown Immigration Law Journal 405 (Spring, 2008) While living and working with immigrant communities on the United States' southern border with Mexico, and intentionally using human rights to shape the Border Network for Human Rights' (BNHR) vision, strategies and tactics to organize those communities, it has become unavoidable to critically review the current international human rights framework... 2008
Lesley Wexler Human Rights Impact Statements: an Immigration Case Study 22 Georgetown Immigration Law Journal 285 (Winter, 2008) The United States has long criticized other governments for their human rights abuses. Yet violations at home often go unobserved by both the government and the general public. A more proactive domestic policy, however, could prevent some of these human rights violations. Using Congress's mandate for environmental assessments and environmental... 2008
Kevin R. Johnson Hurricane Katrina: Lessons about Immigrants in the Administrative State 45 Houston Law Review 11 (Symposium 2008) I. Introduction. 12 II. The Legal Landscape. 22 A. The Immigration Bureaucracy, Judicial Review, and the (Lack of the) Rule of Law. 26 B. Judicial Deference to the Immigration Bureaucracy. 33 1. The Plenary Power Doctrine. 33 2. Chevron Deference. 36 C. Summary. 43 III. Hurricane Katrina and Immigrants: The General Implications for Administrative... 2008
Stephanie Francis Ward Illegal Aliens on I.c.e. 94-JUN ABA Journal 44 (June, 2008) When federal immigration and local Minnesota law enforcement agents entered several homes in Willmar in which undocumented workers were thought to be living, they were asked to show a search warrant. We don't need one, was one agent's response during last year's raid, according to a wrongful search action filed last April by 53 plaintiffs in... 2008
Garrett Kennedy Illegal Is Not Simply Illegal: the Broad Ramifications of a Pennsylvania Town's Attempt at Immigration Control, and the Inherent Problems of Racial Discrimination 10 University of Pennsylvania Journal of Business and Employment Law 1029 (Summer 2008) In September, 2006, the Pennsylvania city of Hazleton passed the Hazleton Illegal Immigration Relief Act Ordinance (Hazleton Ordinance) designed to purge the city of crime stemming from the presence of illegal aliens and to make Hazleton one of the most difficult places in the U.S. for illegal immigrants. While the statute sought to assault... 2008
Michael A. Olivas Immigrants in the Administrative State and the Polity Following Hurricane Katrina 45 Houston Law Review Rev. 1 (Symposium 2008) This year's Frankel Lecture topic is appropriate for several important reasons. First, Hurricane Katrina stands as one of the most important and tragic events of our time, combining elements of natural disaster, human tragedy, governmental incompetence, private sector indifference, racism, and extraordinary spectacle, as well as countervailing... 2008
James F. Hollifield , Valerie F. Hunt , Daniel J. Tichenor Immigrants, Markets, and Rights: the United States as an Emerging Migration State 27 Washington University Journal of Law and Policy Pol'y 7 (2008) Since the end of World War II immigration in the core industrial democracies has been increasing. The rise in immigration is a function of market forces (demand-pull and supply-push) and kinship networks, which reduce the transaction costs of moving from one society to another. These economic and sociological forces are the necessary conditions for... 2008
Lucas Guttentag Immigration and American Values: Some Initial Steps for a New Administration 35-FALL Human Rights 10 (Fall, 2008) The treacherous debate over immigration was remarkably muted during the presidential campaign. But the system's failures are unchanged, and the need for reform more urgent than ever. Today's dysfunction has multiple causes exacerbated by three seismic developments over the last twelve years. First, enormous changes to the immigration statute... 2008
Michael Blake Immigration and Political Equality 45 San Diego Law Review 963 (November/December 2008) The act of immigration alters several forms of human relationship simultaneously. It represents a change in physical location and so alters the relationship between persons represented by geographic concepts such as territory and property. In immigrating, immigrants acquire a new place in the world that they may understand, in some sense of the... 2008
Kai Bartolomeo Immigration and the Constitutionality of Local Self Help: Escondido's Undocumented Immigrant Rental Ban 17 Southern California Review of Law & Social Justice 855 (Summer 2008) And they had hoped to find a home, and they found only hatred. -John Steinbeck The City of Escondido sits about eighteen miles east of the California coast, just north of the heart of San Diego County. Once the home of ranches, farms and citrus groves, Escondido now has all the benefits of city living. In the words of City promoters, Escondido... 2008
Sandra Guerra Thompson Immigration Law and Long-term Residents: a Missing Chapter in American Criminal Law 5 Ohio State Journal of Criminal Law 645 (Spring, 2008) I am a criminal law professor. I know about penal codes, police practices, sentencing, and the use of incarceration to punish criminals. Like most criminal law professors, I know precious little about American immigration law. I have always considered it to be a different part of the law school curriculum, and one that had little, if anything, to... 2008
Hiroshi Motomura Immigration Outside the Law 108 Columbia Law Review 2037 (December, 2008) In current debates about undocumented or illegal immigration, three themes have emerged as central: the meaning of unlawful presence, the role of states and cities, and the integration of immigrants. This Essay's starting premise is that a reappraisal of these themes is essential to a conceptual roadmap of this difficult area of law and policy.... 2008
Bill Piatt , Ryan Professor of Law Immigration Reform from the Outside in 10 Scholar: St. Mary's Law Review on Minority Issues 269 (Symposium 2008) I. Introduction. 270 II. Historical Extremes. 271 III. Contemporary Extreme Positions. 277 A. Closed Border Approach. 278 B. Open Border Plus Amnesty. 280 IV. Moving Inward. 282 A. Why do People Want to come to the United States?. 282 B. What Impact do New Arrivals Have on the Economy?. 282 C. What Would be the Costs and Benefits of Attempting to... 2008
Sandra Guerra Thompson Latinas and Their Families in Detention: the Growing Intersection of Immigration Law and Criminal Law 14 William and Mary Journal of Women and the Law 225 (Winter, 2008) In this article, Professor Sandra Guerra Thompson explores the growing enforcement of immigration law within the interior of the United States and the growing intersection of the criminal justice system and immigration law. Through the use of worksite enforcement sweeps and immigration screening by state and local law enforcement, growing numbers... 2008
Michael A. Olivas Lawmakers Gone Wild? College Residency and the Response to Professor Kobach 61 SMU Law Review 99 (Winter 2008) Of critical importance is the fact that all four of the [September 11th] hijackers who were stopped by local police prior to 9/11 had violated federal immigration laws and could have been detained by the state or local police officers. Indeed, there were only five hijackers who were clearly in violation of immigration laws while in the United... 2008
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