| Author | Title | Citation | Summary | Year |
| Karen Engle |
The Political Economy of State and Local Immigration Regulation: Comments on Olivas and Hollifield, Hunt & Tichenor |
61 SMU Law Review 159 (Winter 2008) |
ON September 26, 2007, the New York Times reported that Riverside, New Jersey had rescinded its year-old ordinance penalizing anyone who employed or rented to an undocumented immigrant. The ordinance had apparently been too successful in its attempt to decrease the number of undocumented residents, with consequences few of its supporters had... |
2008 |
| 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 |
| Michael A. Olivas |
The Political Efficacy of Plyler V. Doe: the Danger and the Discourse |
45 U.C. Davis Law Review Rev. 1 (November, 2011) |
Stinky is one ugly robot, a raggedy contraption constructed of crudely painted, cheap plastic pipes pasted together with gobs of the foul-smelling glue that gave the monstrosity its name. Stinky's creators didn't look all that impressive, either--four teenage guys in baggy pants and sneakers, all of them illegal Mexican immigrants attending Carl... |
2011 |
| Edward J.W. Park |
The Political Formation of Korean Americans, 1992-2019: from Ethnic Politics to Managing Transnational Lives - an Interview with Professor Edward Park |
27 Asian American Law Journal 19 (2020) |
Editorial Disclaimer: The interview transcript below is based upon, but does not exactly reflect, an interview of the author. All editorial changes have been reviewed and approved by the author. Introduction. 19 Interview Transcript. 22 Personal History. 22 The Demographics of Los Angeles. 23 Korean Americans, African Americans, and Latinos. 24 The... |
2020 |
| Sarah Rogerson |
The Politics of Fear: Unaccompanied Immigrant Children and the Case of the Southern Border |
61 Villanova Law Review 843 (2016) |
No society, no state can successfully assume the tremendous responsibility of fostering thousands of motherless, embittered, persecuted children of undesirable foreigners and expect to convert these embattled souls into loyal, loving American citizens .. These children are seasoned veterans of a revolution of hate, are fertile fields for anarchy,... |
2016 |
| Deborah M. Weissman , Jacqueline Hagan , Ricardo Martinez Schuldt , Alyssa Peavey |
The Politics of Immigrant Rights: Between Political Geography and Transnational Interventions |
2018 Michigan State Law Review 117 (2018) |
Introduction. 118 I. Exacerbating Obstacles or Enhancing Opportunities: Devolution and Locality. 124 A. Devolution and Its Forms. 125 1. Federal Laws Authorizing Local Immigration Enforcement. 126 2. State Papers, Please Statutes. 129 3. Alienage Laws. 131 4. Political Geography Matters. 132 II. The Mexican Consular Network and the Department of... |
2018 |
| Stephen E. Schelle |
The Politics of Western Immigration |
3 Indiana Journal of Global Legal Studies 277 (Fall, 1995) |
Not surprisingly, immigration remains a central issue in politics around the world, particularly in western developed countries. While most societies embrace immigrants and the benefits that a healthy immigration policy can yield, the politics of fear, hatred, and racism inevitably enter into the picture. Immigrant groups often find themselves... |
1995 |
| Laura Donohue |
The Potential for a Rise in Wrongful Removals and Detention under the United States Immigration and Customs Enforcement's Secure Communities Strategy |
38 New England Journal on Criminal and Civil Confinement 125 (Winter 2012) |
The terrorist attacks of September 11, 2001 not only brought down New York City's Twin Towers, but spurred a major reorganization of the federal government's approach to immigration enforcement. In 2002, Congress passed the Homeland Security Act (HSA) creating the Department of Homeland Security (DHS), abolishing the Immigration and Naturalization... |
2012 |
| Virginia Sapiro |
The Power and Fragility of Social Movement Coalitions: the Woman Suffrage Movement to 1870 |
100 Boston University Law Review 1557 (October, 2020) |
C1-2Contents Introduction. 1558 I. Social Movement Theory and Research. 1560 II. The Nineteenth-Century Context for Movements for Enfranchisement. 1565 A. Federalism. 1566 B. The History of Enfranchisement. 1568 C. Women's Rights and Women's Status in the Nineteenth Century. 1570 D. The Ambiguous Language of Gender and Race Inclusion and Exclusion.... |
2020 |
| Jay T. Jorgensen |
The Practical Power of State and Local Governments to Enforce Federal Immigration Laws |
1997 Brigham Young University Law Review 899 (1997) |
In recent years, political debate over illegal immigration has taken on a decidedly local flavor. State and local governments increasingly complain that the federally controlled immigration system is failing and that the burdens created by that failure are borne at the local level. Rather than accepting those burdens, state and local governments... |
1997 |
| 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 |
| Jesus A. Osete |
The Praetorians: an Analysis of U.s. Border Patrol Checkpoints Following Martinez-fuerte |
93 Washington University Law Review 803 (2016) |
Suppose José needs a gallon of milk from the grocery store. He puts on his shoes and grabs his car keys and his wallet. The grocery store is located outside of town. José is aware of the inevitable: he'll have to cross an immigration checkpoint located halfway between his house and the grocery store. Upon arriving at the checkpoint, José must... |
2016 |
| Jenny-Brooke Condon |
The Preempting of Equal Protection for Immigrants? |
73 Washington and Lee Law Review 77 (Winter 2016) |
Recent debates about immigration have focused overwhelmingly on unauthorized migration and the respective roles of the federal and state governments in enforcing immigration law. But that emphasis in law and theory has obscured a critical civil rights question of our time: what measure of equality is due to those with the opportunity to abide by... |
2016 |
| 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 |
| Adam B. Cox, Cristina M. Rodríguez |
The President and Immigration Law Redux |
125 Yale Law Journal 104 (October, 2015) |
In November 2014, President Obama announced his intention to dramatically reshape immigration law through administrative channels. Together with relief policies announced in 2012, his initiatives would shield nearly half the population of unauthorized immigrants from removal and enable them to work in the United States. These events have drawn... |
2015 |
| Hiroshi Motomura |
The President's Dilemma: Executive Authority, Enforcement, and the Rule of Law in Immigration Law |
55 Washburn Law Journal L.J. 1 (Fall 2015) |
My topic for the 2015 Foulston Siefkin lecture was the President's authority to undertake what in immigration law has come to be called executive actions to grant temporary reprieves from deportation. The broad question that framed my comments was whether these measures are within or beyond the President's authority as set out and limited by the... |
2015 |
| Michael H. LeRoy |
The President's Immigration Powers: Migratory Labor and Racial Animus |
75 New York University Annual Survey of American Law 187 (2020) |
Since the nation's founding, presidents have been motivated by racial animus while using executive powers over migratory labor. Early presidents enforced the Constitution's fugitive slave provision. They explored diplomacy to deport free blacks to Africa. From the 1880s through 1940s, presidents acted on the racial animus of workers by restricting... |
2020 |
| Antonios Kouroutakis |
The Prevailing Culture over Immigration: Centralized Immigration and Policies Between Attrition and Accommodation |
13 Seton Hall Circuit Review Rev. 5 (Fall, 2016) |
In 2012, the Supreme Court delivered a decision in Arizona v. United States that attracted the interested of the press because it challenged a controversial immigration law which several states copied. Although faced with an opportunity to speak about immigration policy reform, the Court ruled on preemption issues instead. The case is still... |
2016 |
| Aziz Z. Huq |
THE PRIVATE SUPPRESSION OF CONSTITUTIONAL RIGHTS |
101 Texas Law Review 1259 (May, 2023) |
On September 1, 2021, Texas's abortion ban, S.B. 8, went into effect even as the constitutional right to an abortion was under siege at the Supreme Court. It not only prohibited almost all abortions after six weeks but also allowed any private party to sue those who, knowingly or unwittingly, aid or abet such procedures. Texas's law has been... |
2023 |
| Joseph Daval |
THE PROBLEM WITH PUBLIC CHARGE |
130 Yale Law Journal 998 (February, 2021) |
The United States has long excluded immigrants who are likely to become a public charge. But while the exclusion has remained unchanged, the nation has changed around it, further blurring its unclear meaning. As public benefits replaced poorhouses, Congress and the courts left the administrative state to reconcile public charge with... |
2021 |
| Herbert Hovenkamp |
The Progressives: Racism and Public Law |
59 Arizona Law Review 947 (2017) |
American Progressivism initiated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds.... |
2017 |
| Linus Chan |
The Promise and Failure of Silence as a Shield Against Immigration Enforcement |
52 Valparaiso University Law Review 289 (Winter, 2018) |
In 1989 an Immigration Judge ruled that a respondent in deportation proceedings, a man by the name of Mr. Guevara, was not a United States citizen and therefore could be deported from the United States. Ruling that a person was not a United States citizen was a prerequisite under both federal regulations and Supreme Court precedent in order for... |
2018 |
| Rick Su |
The Promise and Peril of Cities and Immigration Policy |
7 Harvard Law & Policy Review 299 (Summer 2013) |
In recent years, progressives have begun to embrace cities as meaningful sites of reform. From gay rights to environmental protection, a host of progressive movements now look to urban policymaking as an important part of their political playbook. Even as this enthusiasm for the city grows, however, there remains one policy arena in which local... |
2013 |
| Steven M. Dawson |
The Promise of Opportunity-and Very Little More: an Analysis of the New Welfare Law's Denial of Federal Public Benefits to Most Legal Immigrants |
41 Saint Louis University Law Journal 1053 (Summer, 1997) |
Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 makes several major changes to the structure of the welfare system as it applies to legal immigrants. Under prior law, legal immigrants were, with some exceptions, eligible for most federal public benefits. Among the changes made by the Act is the unprecedented... |
1997 |
| Basia D. Ellis |
THE PSYCHOLOGY OF MIGRANT "ILLEGALITY": A GENERAL THEORY |
46 Law and Social Inquiry 1236 (November, 2021) |
Critical migration studies emerged to trace how restrictive immigration contexts contribute to conditions of migrant illegality and deportability. More recently, researchers have turned to examine diversity in migrants' experiences, revealing how migrant illegality and deportability can take varied forms based on different social factors,... |
2021 |
| Kris W. Kobach |
The Quintessential Force Multiplier: the Inherent Authority of Local Police to Make Immigration Arrests |
69 Albany Law Review 179 (2005-2006) |
The terrorist attacks of September 11, 2001 underscored for all Americans the link between immigration law enforcement and terrorism. Nineteen alien terrorists had been able to enter the country legally and undetected, overstay their visas or violate their immigration statuses with impunity, and move freely within the country without significant... |
2006 |
| Ayelet Shachar |
The Race for Talent: Highly Skilled Migrants and Competitive Immigration Regimes |
81 New York University Law Review 148 (April, 2006) |
The United States has long been the ultimate IQ magnet for highly skilled migrants. But this trend has changed dramatically in recent years. Today, the United States is no longer the sole--nor the most sophisticated--national player engaged in recruiting the best and brightest worldwide. Other attractive immigration destinations, such as... |
2006 |
| Dalia Castillo-Granados , Rachel Leya Davidson , Laila L. Hlass , Rebecca Scholtz |
THE RACIAL JUSTICE IMPERATIVE TO REIMAGINE IMMIGRANT CHILDREN'S RIGHTS: SPECIAL IMMIGRANT JUVENILES AS A CASE STUDY |
71 American University Law Review 1779 (June, 2022) |
The immigration legal system has codified and perpetuated racial violence in many ways, yet the experiences of young people of color in this system have yet to be deeply examined. This Article surfaces the distinct and varied racialized harms that children experience in the immigration system through the example of Special Immigrant Juveniles.... |
2022 |
| Elijah T. Staggers |
The Racialization of Crimes Involving Moral Turpitude |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 17 (Spring, 2020) |
C1-2Table of Contents Introduction. 18 I. Defining the Phrase Crime Involving Moral Turpitude. 20 A. The Original White Supremacist Trope of Race-Based Morality: The Negro Rascal. 20 B. Presumptions of Race-Based Morality in the Immigration Act of 1917. 23 1. Race-Based Morality Shifted During the Progressive Era to Target Non-Anglo-Saxon... |
2020 |
| Ingrid V. Eagly |
THE RACISM OF IMMIGRATION CRIME PROSECUTION |
109 Iowa Law Review Online 27 (2023) |
ABSTRACT: Eric Fish's Article, Race, History, and Immigration Crimes, explores the racist motivation behind the original 1929 enactment of the two most common federal immigration crimes, entry without permission and reentry after deportation. This Response engages with Fish's archival work unearthing this unsettling history and examines how his... |
2023 |
| Arianna Garcia |
The Real Id Act and the Negative Impact on Latino Immigrants |
9 Scholar: St. Mary's Law Review on Minority Issues 275 (Winter 2007) |
I. Introduction. 276 II. Immigration Reform Rises as a Public Concern. 280 A. H.R. 10 & S.B. 2845: The Beginnings of the Real ID Act. 283 B. H.R. 418 Introduction of the Real ID Act. 285 III. Provisions of the Real ID Act and Its Effect on Latino Immigrants. 289 A. Asylum Qualifications. 289 B. Latin American and Caribbean Refugees. 294 C. Barriers... |
2007 |
| Christian Briggs |
The Reasonableness of a Race-based Suspicion: the Fourth Amendment and the Costs and Benefits of Racial Profiling in Immigration Enforcement |
88 Southern California Law Review 379 (January, 2015) |
Claudia, a Mexican American with family roots in the United States since the mid-1800s, walked out of a grocery store, happily chatting with her three young children in Spanish as they walked toward her car. Before arriving at her car, she was stopped by government officials and asked for proof of citizenship. Speaking to the officers in... |
2015 |
| Patrick W. Thomas |
The Recurring Native Response to Global Labor Migration |
20 Indiana Journal of Global Legal Studies 1393 (2013) |
For the past few decades, and increasingly in the past few years, U.S. state governments have supplemented federal immigration law with state laws overtly designed to combat the perceived ills stemming from undocumented immigration to the United States. Proponents of these laws justify them on the basis of a normative negativity associated with... |
2013 |
| Harvey Gee |
The Refugee Burden: a Closer Look at the Refugee Act of 1980 |
26 North Carolina Journal of International Law and Commercial Regulation 559 (Spring 2001) |
I. Introduction. 560 II. Immigration, Policymaking, and the Law. 563 A. Citizenship and Community: The Racial and Cultural Politics of Belonging and the Plenary Power and Judicial Review. 563 B. Sharing the Burden of Refugees. 572 III. Reinterpreting Old Laws with New Perspectives. 573 IV. The Refugee Act of 1980 . 577 A. A Critical Theory of the... |
2001 |
| Erica L. Sharp |
The Resolution of the "Show Me Your Papers" Circuit Split: Constitutionality and Consequences of Enforcing State and Local Immigration Laws |
19 Widener Law Review 465 (2013) |
In January 2010 the Department of Homeland Security (DHS) estimated that 10.8 million unauthorized immigrants were living in the United States. The population of illegal immigrants in the United States increased by twenty-seven percent between 2000 and 2010. Although immigration is traditionally a federally regulated area, state and local... |
2013 |
| Jonathan Simon |
The Return of the Medical Model: Disease and the Meaning of Imprisonment from John Howard to Brown V. Plata |
48 Harvard Civil Rights-Civil Liberties Law Review 217 (Winter 2013) |
Forty years after the medical model--as the rehabilitative-oriented penology that dominated American correctional systems from World War II until the 1970s was widely known--began to be abandoned, Brown v. Plata suggests the imminent return of medicine and the problem of disease to our public imagination of the prison and our constitutional... |
2013 |
| Tjas̆a Uc̆akar |
The Rhetoric of European Migration Policy and its Role in Criminalization of Migration |
81 IUS Gentium 91 (2020) |
Abstract European migration policy frames migration predominantly as a securitarian issue and thus paints migrants as a threat to the established order of the EU. Even though the most recent documents use more liberal and humane rhetoric, the underlying assumptions about migration have not changed, and, furthermore, are getting even more difficult... |
2020 |
| Michael Maio |
THE RIGHT TO ASYLUM DURING THE COVID-19 PANDEMIC: A LEGAL REVIEW OF THE POWER TO EXPEL NONCITIZENS UNDER TITLE 42 |
86 Albany Law Review 649 (2022-2023) |
The morning of February 24, 2022, will be forever etched in the minds of millions of Ukrainians who were forced to flee their homes due to the conflict sparked by the Russian invasion. Many of these refugees sought sanctuary in neighboring countries, such as Poland, while others attempted to enter at the United States border. Among those refugees... |
2023 |
| Alison Bashford, Jane McAdam |
The Right to Asylum: Britain's 1905 Aliens Act and the Evolution of Refugee Law |
32 Law and History Review 309 (May, 2014) |
From the 1880s, states and self-governing colonies in North and South America, across Australasia, and in southern Africa began introducing laws to regulate the entry of newly defined undesirable immigrants. This was a trend that intensified exclusionary powers originally passed in the 1850s to regulate Chinese migration, initially in the context... |
2014 |
| Michael Vastine |
THE RIGHT TO DEPORT IMMIGRANTS BEARING FIREARMS CONVICTIONS SHALL NOT BE INFRINGED? CONTEMPLATING THE CONSEQUENCES FOR IMMIGRANTS' FIREARM CRIMES, IN LIGHT OF BRUEN |
66 Howard Law Journal 475 (Spring, 2023) |
Eventually, this article will turn to the task at hand, using a critique of courts' use of originalism and the categorical approach to illustrate how firearms offenses are characterized as deportable offenses. Originalism and the categorical approach are two intellectual methods--theoretically, at least--for reducing arbitrary outcomes by... |
2023 |
| Thomas Carnes, United States Military Academy, thomas.carnes@usma.edu |
The Right to Exclude Immigrants Does Not Imply the Right to Exclude Newcomers by Birth |
14 Journal of Ethics & Social Philosophy 28 (October, 2018) |
Recent arguments defending a state's right to restrict immigration argue from a certain notion of individual rights to a parallel collective state right to restrict immigration. These so-called statist arguments for closed borders have each received their fair share of independent criticism. Recently, however, an interesting generic challenge has... |
2018 |
| Jaya Ramji-Nogales |
The Right to Have Rights: Undocumented Migrants and State Protection |
63 University of Kansas Law Review 1045 (May, 2015) |
We are in the midst of a national conversation, albeit raucous and vitriolic, about questions of membership and belonging. As Congress repeatedly fails to take action on comprehensive immigration reform, the Executive exercises its authority to determine which migrants should be eligible to remain, becoming incorporated into our polity, and which... |
2015 |
| Roberto Rosas, Valeria Montalvo |
THE RIGHT TO IMMIGRATE: A COMPARATIVE ANALYSIS OF IMMIGRATION SYSTEM IN THE UNITED STATES AND MEXICO |
24 Rutgers Race & the Law Review 121 (2023) |
C1-2Table of Contents I. INTRODUCTION. 123 II. THE RIGHT TO IMMIGRATE AS A HUMAN RIGHT. 124 III. MEXICO'S LEGAL FRAMEWORK FOR THE PROTECTION OF IMMIGRATION. 128 A. Authorities. 128 i. State Actors. 128 ii. Non-State Actors. 129 B. Policial Constitution of the United Mexican States and its relation to immigration. 130 C. Immigration Law. 133 D.... |
2023 |
| Matthew J. Lindsay |
THE RIGHT TO MIGRATE |
27 Lewis & Clark Law Review 95 (2023) |
Since the late-19th century, the Supreme Court has insisted that the preservation of national sovereignty requires a constitutional chasm between immigration law and ordinary law. If the Court is to bridge that chasm, it must reimagine the longstanding premise of the federal immigration power that the presence of noncitizens in U.S. territory... |
2023 |
| Barbara Hines |
The Right to Migrate as a Human Right: the Current Argentine Immigration Law |
43 Cornell International Law Journal 471 (Fall 2010) |
Introduction. 472 I. Historical Background and Constitutional Framework of Argentine Immigration Law. 474 A. Historical Background. 474 B. Constitutional Framework. 476 C. Prior Immigration Law. 479 1. Avellaneda Law and the Law of Residency. 479 2. The Videla Law. 480 II. The New Immigration Law. 482 A. Events and Advocacy Leading to the Passage... |
2010 |
| Fred J. Porter |
THE RIGHT VISA AT THE RIGHT TIME: PROPOSING A TARGETED SPECIAL IMMIGRANT VISA AS A FLEXIBLE TOOL FOR PRACTICAL IMMIGRATION REFORM |
41 Journal of Law and Commerce 341 (Spring, 2023) |
As the Islamic Republic of Afghanistan collapsed in the summer of 2021 and the Taliban moved into Kabul to displace the American-backed government, thousands of Afghans who had worked with the U.S. government were airlifted to the United States to receive emergency residency. These individuals' work put them under direct threat from the Taliban,... |
2023 |
| Susan Bibler Coutin |
The Rights of Noncitizens in the United States |
7 Annual Review of Law and Social Science 289 (2011) |
immigration, legalization, detention, deportation, criminalization, securitization Over the past three decades, sociolegal scholarship on the rights of noncitizens in the United States has sought to explain rights and exclusions while incorporating new theory regarding racialization, biopolitics, neoliberalism, risk, and states of exception. Early... |
2011 |
| Hiroshi Motomura |
The Rights of Others: Legal Claims and Immigration Outside the Law |
59 Duke Law Journal 1723 (May, 2010) |
This Article analyzes the rights of unauthorized migrants and elucidates how these noncitizens are incompletely but importantly integrated into the U.S. legal system. I examine four topics: (1) state and local laws targeting unauthorized migrants, (2) workplace rights and remedies, (3) suppression of evidence from an unlawful search or seizure, and... |
2010 |
| David Bacon, Bill Ong Hing |
The Rise and Fall of Employer Sanctions |
38 Fordham Urban Law Journal 77 (November, 2010) |
Workplace raids by gun-wielding Immigration and Customs Enforcement (ICE) agents that resulted in the mass arrests of dozens and sometimes hundreds of employees have ceased under the Obama administration. But silent raids, or audits of companies' records by federal agents, that replaced them have resulted in the firing of thousands of... |
2010 |
| Jennifer Lee Koh |
THE RISE OF THE 'IMMIGRANT-AS-INJURY' THEORY OF STATE STANDING |
72 American University Law Review 885 (January, 2023) |
Despite the Biden Administration's efforts to hold itself out as a humane alternative to the excesses of immigration enforcement during the Trump presidency, federal courts have prevented a number of immigration policy changes from going forward during the first half of the Biden era. States serve as the primary plaintiffs in these lawsuits, which... |
2023 |