AuthorTitleCitationSummaryYear
Aaron Haas Profiling and Immigration 18 Washington and Lee Journal of Civil Rights and Social Justice Just. 3 (Fall, 2011) C1-3Table of Contents R1-2Introduction . R33. I. Criminalization of Immigration Enforcement. 5 II. Localization of Immigration Enforcement. 9 III. Virginia and Immigration Enforcement. 12 IV. Proposals. 19 2011
Michael J. Wishnie Proportionality: the Struggle for Balance in U.s. Immigration Policy 72 University of Pittsburgh Law Review 431 (Spring, 2011) In September 1957, Governor Orval Faubus dispatched Arkansas National Guard troops to prevent black students from entering Central High School in Little Rock, Arkansas. The Eisenhower Administration responded by sending Justice Department lawyers to enter school desegregation litigation brought by the NAACP that was already pending before the U.S.... 2011
Lisa Sandoval Race and Immigration Law: a Troubling Marriage 7 Modern American 42 (Spring, 2011) The differences of race added greatly to the difficulties of the situation .. [T]hey remained strangers in the land, residing apart by themselves, and adhering to the customs and usages of their own country. It seemed impossible for them to assimilate with our people, or to make any change in their habits or modes of living. As they grew in... 2011
Lupe S. Salinas , Fernando Colon-Navarro Racial Profiling as a Means of Thwarting the Alleged Latino Security Threat 37 Thurgood Marshall Law Review Rev. 5 (Fall, 2011) Not all Latinos are undocumented persons, and not all undocumented persons are Latinos. Throughout the history of Latino presence and immigration to the United States, the open welcome extended by many Americans eventually developed into rejection and an effort to terminate the invitation. Persons of Mexican ethnicities were initially welcomed... 2011
Stephen H. Legomsky Rationing Family Values in Europe and America: an Immigration Tug of War Between States and Their Supra-national Associations 25 Georgetown Immigration Law Journal 807 (Summer, 2011) For decades, family reunification has been the centerpiece of immigration policy practically everywhere. Today, however, it is under siege in both Europe and the United States. Two trends seem to have escaped notice. First, the most popular restriction strategies have been quantitative controls that ration family reunification by reducing or... 2011
Matthew R. Smith Reaction To: Health Care Challenges for Non-citizen Immigrants in the U.s. 3 Georgetown Journal of Law & Modern Critical Race Perspectives 169 (Fall, 2011) In her Article, author Jennifer Seo outlines the barriers that immigrants, both documented and undocumented, face in accessing affordable health care in the United States. Despite the fact that affordable health care strikes deep moral sentiment, economic reality and historic fact, along with public fears and prejudices, preclude any sort of... 2011
Robbie Clarke Reaffirming the Role of the Federal Courts: How the Sixties Provide Guidance for Immigration Reform 17 Washington and Lee Journal of Civil Rights and Social Justice 463 (Spring, 2011) Immigration policy should be generous; it should be fair; it should be flexible. With such a policy we can turn to the world, and to our own past, with clean hands and a clean conscience. Such a policy would be but a reaffirmation of old principles. John F. Kennedy, A Nation of Immigrants (1964) C1-3Table of Contents L1-2Introduction . L3464 I.... 2011
Javier Perez Reasonably Suspicious of Being Mojado: the Legal Derogation of Latinos in Immigration Enforcement 17 Texas Hispanic Journal of Law and Policy 99 (Spring, 2011) C1-3Summary I. Introduction 100 II. The Legal Framework & Doctrinal Prejudice 104 A. [Un]Reasonableness of an Exception to the Fourth Amendment 104 B. Equal Protection as a Guardian for Fairness 109 C. A Comment on Non-Federal Enforcement 113 III. The Cultural Force of Immigration Status 114 IV. CONCLUSION 122 2011
Daniel Correa Reciprocity Interest in Political Affiliation: Redefining the Political Community to Attain Just Principles in Immigration Reform 14 Harvard Latino Law Review 67 (Spring 2011) I was born the citizen of a free state and a member of the sovereign, and, however feeble an influence my voice may have in public affairs, my right to vote on them suffices to make it my duty to inform myself on such matters. I am always happy, whenever I reflect upon the nature of government, to find in my inquiries new reasons for loving that of... 2011
Carol Daugherty Rasnic Removing the Welcome Mat: Myth and Reality on the 2004 Irish Constitutional Referendum and Citizenship by Birth in the Usa 17 New England Journal of International and Comparative Law L. 1 (2011) Give me your tired, your poor, your huddled masses yearning to breathe free. . . Emma Lazarus, The New Colossus The famous words of Emma Lazarus have become synonymous with the concept of America's welcoming arms to immigrants from all over the world and, by extension, to children born to these immigrants. Since 1868, American constitutional... 2011
Joyce A. Hughes , Alexander L. Alum Rethinking the Cuban Adjustment Act and the U.s. National Interest 23 Saint Thomas Law Review 187 (Spring 2011) I. Introduction. 188 II. Fidel Castro's Rise to Power and Cuba's Tension with the United States. 189 III. The Passage of, and Justification for the Cuban Adjustment Act. 194 A. Cuban Immigration Prior to the Passage of the CAA: 1959-1966. 194 B. The Cuban Adjustment Act of 1966. 195 1. Easing the Administrative Burden. 196 2. Integrating Cuban... 2011
Margaret D. Stock S.b. 1070: the Unconstitutional and Inefficient Law That May Just Fix Immigration 23 Regent University Law Review 363 (2010-2011) The immigration issue is as old as America itself. One of the Founders' primary complaints against King George was that he restricted immigration. This complaint carried such weight that it was one of the grievances listed in the Declaration of Independence. Because of the Founders' apparent open-border mentality, the Constitution only mentions two... 2011
Austin Tyler Brown Senate Bill 1070: an Opportunity to Align the Interests of Federal and State Governments with the Rights of the Child 12 Florida Coastal Law Review 453 (Spring 2011) The United States immigration system has been an immense failure for many years and, at the current pace, it appears the issue will not be adequately addressed anytime soon. As a result, children's rights, public safety, police officer safety, border security, and the economic health of the nation are suffering. This Article highlights the effect... 2011
Scott Nakama Senate Bill 1070: the Implications of Arizona's Immigration Law upon Mlb 8 DePaul Journal of Sports Law & Contemporary Problems 23 (Fall 2011) On April 23, 2010, Arizona Governor Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) - one of the most controversial pieces of immigration legislation in recent history. Judge John T. Noonan, Jr. of the Ninth Circuit Court of Appeals believes S.B. 1070 has become a symbol. For those sympathetic to... 2011
Kevin Brown Should Black Immigrants Be Favored over Black Hispanics and Black Multiracials in the Admissions Processes of Selective Higher Education Programs? 54 Howard Law Journal 255 (Winter 2011) INTRODUCTION. 256 I. EFFORTS TO STANDARDIZE THE COLLECTION OF DATA ON RACE AND ETHNICITY IN THE 1970s: ADOPTION OF DIRECTIVE 15. 266 II. ADOPTION OF THE 1997 REVISED STANDARDS. 272 A. Need to Revise Directive 15. 272 B. 1997 Revised Standards. 274 1. Hispanic/Latino Ethnicity Question and the Two Question Format. 274 2. How to Collect Data on... 2011
Laila Aziz, Nicole Sykes State Government 28 Georgia State University Law Review 51 (Fall, 2011) Illegal Immigration Reform and Enforcement Act of 2011: Enact the Illegal Immigration Reform and Enforcement Act of 2011; Amend Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, Relating to Security and Immigration Compliance, so as to Provide Penalties for the Failure of a Public Employer to Utilize the Federal Work... 2011
Kevin R. Johnson Sweet Home Alabama? Immigration and Civil Rights in the "New" South 64 Stanford Law Review Online 22 (December 5, 2011) In the next few weeks, the Supreme Court will decide whether to review the constitutionality of Arizona's high-profile immigration enforcement effort, known popularly as S.B. 1070. Arizona's law is simply the tip of the iceberg. State legislatures have passed immigration enforcement laws over the last few years at breakneck speed, and, generally... 2011
Francine J. Lipman The "Illegal" Tax 11 Connecticut Public Interest Law Journal 93 (Fall-Winter, 2011) Illegals do NOT pay taxes. As a law professor researching and writing about undocumented immigrants and their tax issues I see this comment in my email inbox and hear it during outreach efforts routinely. Every time I hear or read this or a similar comment, my whole body cringes. This short statement truly embodies the exploitation of the... 2011
Barbara A. Frey , X. Kevin Zhao The Criminalization of Immigration and the International Norm of Non-discrimination: Deportation and Detention in U.s. Immigration Law 29 Law & Inequality: A Journal of Theory and Practice 279 (Summer 2011) The Law and Inequality Fall 2010 Symposium focused on the growing use of criminal prosecutions to end impunity for human rights violations. This Article takes a different look at the intersection between criminal justice and human rights law--not a view of the criminalization of human rights violations, but criminalization as a human rights... 2011
Marissa B. Litwin The Decentralization of Immigration Law: the Mischief of § 287(g) 41 Seton Hall Law Review 399 (2011) On September 4, 2007, Geraldo Carlos, a photographer for the Newark, New Jersey newspaper the Brazilian Voice, discovered a dead body in the Ironbound district of the city. After photographing the body, he notified Roberto Lima, the editor of the publication, who contacted the Newark Police Department. When Samuel Demaio, Chief of the Newark Police... 2011
Nelson Maldonado-Torres The Latina/o Academy of Arts and Sciences: Decolonizing Knowledge and Society in the Context of Neo-apartheid 14 Harvard Latino Law Review 283 (Spring 2011) Inspired by the massive protests in 2006 against the criminalization of illegal immigration in H.R. 4437, and after months of communication and organizing, dozens of Latina/o scholars met at the University of California, Berkeley, on May 2-3 2008, in a first round of discussions exploring the possibility of establishing a Latina/o Academy of Arts... 2011
Jennifer M. Chacón The Mercer Girls Guide to Immigration 64 Vanderbilt Law Review En Banc 15 (February 22, 2011) I. The Payoffs (and Limitations) of Reconceiving Immigration History. 18 A. Reframing Settlement. 19 B. Reframing Immigration Law. 21 C. Expanding Immigration Law. 22 D. Understanding the Role of Marriage in Immigration History. 25 E. Gender and Family Structure in Immigration Law. 27 II. Conclusion. 28 2011
Kenji Yoshino The New Equal Protection 124 Harvard Law Review 747 (January, 2011) Our nation is increasingly beset with pluralism anxiety. Commentary from both the right and the left has expressed the fear that we are fracturing into fiefs that do not speak with each other. That fear has a basis in fact, as the nation confronts new kinds of people (introduced to the country through immigration) or newly visible people... 2011
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
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
Kristina M. Campbell The Road to S.b. 1070: How Arizona Became Ground Zero for the Immigrants' Rights Movement and the Continuing Struggle for Latino Civil Rights in America 14 Harvard Latino Law Review Rev. 1 (Spring 2011) When Arizona Governor Janice K. Brewer signed into law the Support Our Law Enforcement and Safe Neighborhoods Act-better known as S.B. 1070 -in April 2010, the world was taken aback not only by the State of Arizona's brazen attempt to regulate immigration at the state level, but also by the means it authorized for doing so. By giving state and... 2011
Patrycja Rynduch The United States of Immigration: a Nation in Crisis How Fear Has Shaped Immigration Law and Has Led Us to Question Basic Constitutional Rights 45 John Marshall Law Review 205 (Fall 2011) 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-tossed to me, I lift my lamp beside the golden door! Emma Lazarus You cannot spill a drop of American blood without spilling the blood of the whole world . . . . Herman Melville In 2004, John Doe... 2011
Keith Aoki The Yellow Pacific: Transnational Identities, Diasporic Racialization, and Myth(s) of the "Asian Century" 44 U.C. Davis Law Review 897 (February, 2011) Introduction. 899 I. The Twenty-First Century as the Asian Century: Is There a There There?. 902 II. Fear of a Yellow Planet: Was the Twentieth Century the Asian Century?. 907 A. Prelude to the Asian Century: Harsh Nineteenth and Early- to Mid-Twentieth Century Immigration Policies Towards Asian Immigrants. 912 B. The Gentleman's Agreement of... 2011
Erin Komada Turned Away: the Detrimental Effect of Italy's Public Security Law on Undocumented Children's Right to Education 29 Boston University International Law Journal 451 (Summer 2011) I. Introduction. 452 II. A History of Italian Immigration Law. 453 A. Italian Statutory Law. 453 B. Current Social Trends Affecting Italian Immigration. 457 C. Legge n. 94/2009. 459 III. Children's Right to Education. 461 A. Convention on the Rights of the Child. 461 B. Supporting UN Instruments. 464 C. European Law. 465 IV. Blaming the Victim as... 2011
Lorraine Schmall U.s. Internal Immigration Enforcement: Not a Model but an Alarum 1 Wake Forest Journal of Law and Policy 157 (April, 2011) Despite or because of geopolitical and demographic realities, nativism in the United States and the European Union has been one response to immigration during difficult current economic cycles. A global recession means more people in the destination countries are uncharacteristically unemployed. Citizens and their political representatives are wary... 2011
Karla Mari McKanders Unforgiving of Those Who Trespass Against U.s.: State Laws Criminalizing Immigration Status 12 Loyola Journal of Public Interest Law 331 (Spring 2011) Since around 2005, states and localities have been using criminal trespass laws to target undocumented immigrants for unlawful presence. In New Hampshire, California, and Florida, local police officers have used state criminal trespass laws to prosecute undocumented immigrants. For example, the New Hampshire criminal trespass laws provide that a... 2011
Jennifer M. Pacella Welcoming the Unwanted: Italy's Response to the Immigration Phenomenon and European Union Involvement 25 Georgetown Immigration Law Journal 341 (Winter, 2011) In recent years, Italy has experienced a significant influx in the number of immigrants seeking to establish a new life in Europe. As a result, the nation is transforming from a traditionally homogenous society to one of varying races, religions, and backgrounds. As such a transformation occurs, anti-immigrant sentiment and xenophobia have surfaced... 2011
Hila Shamir What's the Border Got to Do with It? How Immigration Regimes Affect Familial Care Provision--a Comparative Analysis 19 American University Journal of Gender, Social Policy and the Law 601 (2011) I. Introduction. 602 II. Importing Care. 607 A. Feminist Approaches to Paid In-Home Care Work. 608 B. Feminist Approaches to Migrant Care Work. 611 C. Legal Distributive Analysis of Care Work. 615 D. Given the informal character of care work what does legal analysis have to contribute to it?. 616 III. The State, the Family, and the Market: A Legal... 2011
Vivian Chang Where Do We Go from Here: Plea Colloquy Warnings and Immigration Consequences Post-padilla 45 University of Michigan Journal of Law Reform 189 (Fall 2011) Although deportation can sometimes represent a more serious consequence for a non-citizen defendant than some criminal sanctions, deportation has traditionally been viewed as a purely civil matter. This is well reflected in criminal law, where the threat of deportation has typically been categorized as a collateral consequence of criminal activity.... 2011
Robert F. Castro Xenomorph!! 46 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (2011) The national debate over illegal immigration has been dramatically altered since 9/11. In his book The Latino Threat, Leo R. Chavez argues that Latina/o immigrants--including those U.S. populations that physically resemble them-- have been socially constructed as grave risks to the United States. Arizona Senate Bill 1070 (hereinafter S.B. 1070)... 2011
Ajmel Quereshi 287(g) and Women: the Family Values of Local Enforcement of Federal Immigration Law 25 Wisconsin Journal of Law, Gender & Society 261 (Fall 2010) Introduction. 261 I. The History of INA § 287(g). 263 II. The Impact of 287(g) Agreements on Minority Communities.. 265 A. The Prevalence of Racial Profiling. 266 B. The Program's Disproportionate Focus on Traffic Offenses and Misdemeanors.. 273 C. Lack of Adequate Federal Oversight. 276 D. Lack of Adequate Data Collection. 279 III. The Impact of... 2010
Jennifer M. Chacón A Diversion of Attention? Immigration Courts and the Adjudication of Fourth and Fifth Amendment Rights 59 Duke Law Journal 1563 (May, 2010) Because of fundamental changes in the nature of immigration enforcement over the past decade, an increasing number of interactions between law enforcement agents and noncitizens in the United States are ultimately adjudicated not in criminal courts, but in immigration courts. Unfortunately, unlike the state and federal courts that have long... 2010
Christina McMahon Amidst Controversy over Federal 287(g) Immigration Program, Arizona Approves Immigration Trespassing Crime under New Law 15 Public Interest Law Reporter 141 (Spring 2010) In 2008, Velia Meraz and Manuel Nieto, Jr. were traveling to their Phoenix, Ariz. auto-repair store when four local law enforcement patrol cars blocked their path. Officers then surrounded Meraz and Nieto with weapons raised. The officers, who had been conducting an immigration sweep near the store, believed that Meraz and Nieto were undocumented... 2010
Bill Ong Hing Asian Americans and Immigration Reform 17 Asian American Law Journal 83 (2010) The Asian American community has much to gain from progressive immigration reform. Asian Americans abroad make up the bulk of an immigrant entry list that commands a wait of almost two decades in some immigration categories. Many young men and women from Asian American communities face deportation even though they have grown up in the United... 2010
Jennifer M. Chacón Border Exceptionalism in the Era of Moving Borders 38 Fordham Urban Law Journal 129 (November, 2010) Historically, the courts have indicated that the tasks of enacting and enforcing immigration laws are federal functions. The federal agents who police the nation's borders have exceptionally broad policing authority--an authority that the courts have justified based on the special need to secure the nation's borders from a variety of threats. Part... 2010
Rachel K. Alexander Bridging the Title Vii Gap: Protecting All Workers from "Work Authorization" Discrimination 10 University of Maryland Law Journal of Race, Religion, Gender and Class 199 (Fall 2010) Despite the numerous laws protecting workers in the United States, a gap remains that leaves all categories of workers unprotected under certain circumstances. Many scholars have examined protections and remedies available to unauthorized immigrant workers, including existing protections after the United States Supreme Court's decision in Hoffman... 2010
Shoba Sivaprasad Wadhia Business as Usual: Immigration and the National Security Exception 114 Penn State Law Review 1485 (Spring 2010) I. Introduction. 1486 II. Continuing Impact of Post 9-11 Immigration Practices. 1491 A. PENTBOTTM Detentions and OIG Detainee Report. 1401 B. OIG MDC Report. 1493 C. Turkmen Lawsuit. 1495 D. 48 Hour Rule. 1497 E. Closed Hearings. 1499 F. Alien Absconder Initiative. 1499 G. Voluntary Interview Program. 1501 H. Special Registration. 1502 I. Other... 2010
Donald S. Dobkin Challenging the Doctrine of Consular Nonreviewability in Immigration Cases 24 Georgetown Immigration Law Journal 113 (Winter, 2010) It has happened to everyone who has ever practiced in the United States immigration field. Your client's petition is approved by the United States Citizen and Immigration Services (USCIS). After a long and arduous process, in most cases several years, your client finally arrives at the United States embassy in his home country for his interview on... 2010
Victor C. Romero Christian Realism and Immigration Reform 7 University of Saint Thomas Law Journal 310 (Winter 2010) Drawing upon President Barack Obama's admiration of Reinhold Niebuhr's work, this essay outlines a Protestant, Christian realist approach toward immigration policy, with specific focus on the role of the executive in providing providential leadership. Embracing realism in its political, moral, and theological dimensions, Christian realism offers a... 2010
Yael Barbibay Citizenship Privilege or the Right to Religious Freedom: the Blackmailing of France's Islamic Women 18 Cardozo Journal of International and Comparative Law 159 (Winter 2010) Table of Contents. 159 I. Introduction. 160 II. Mabchour's Application for Citizenship. 164 III. Islam in France. 167 IV. French Law No. 2004-228. 175 V. The Restrictive Turn of French Immigration Policies and Citizenship Laws. 179 VI. Violation of Article 9 of the Convention. 182 A. The Margin of Appreciation Doctrine. 185 B. Prescribed by Law.... 2010
Matthew Lister Citizenship, in the Immigration Context 70 Maryland Law Review 175 (2010) Recently, many international law scholars have begun to argue that the modern world is experiencing a decline of citizenship and that citizenship is no longer an important normative category. This Article argues that, on the contrary, citizenship remains an important category and one that implicates considerations of justice. I articulate and... 2010
Sofía D. Martos Coded Codes: Discriminatory Intent, Modern Political Mobilization, and Local Immigration Ordinances 85 New York University Law Review 2099 (December, 2010) The extent to which some local immigration ordinances are motivated by national-origin or racial discrimination is difficult to discern because our current application of the Equal Protection Clause involves a narrow understanding of the evidence of discriminatory intent. In the last decade, cities and towns have become immigration policy... 2010
Steven W. Bender Compassionate Immigration Reform 38 Fordham Urban Law Journal 107 (November, 2010) To be hopeful in bad times is not just foolishly romantic. It is based on the fact that human history is a history not only of cruelty, but also of compassion, sacri?ce, courage, kindness.-Howard Zinn Ideals of comprehensive immigration reform have been co-opted by advocates of border and internal security and enforcement, leaving behind our... 2010
Margot K. Mendelson Constructing America: Mythmaking in U.s. Immigration Courts 119 Yale Law Journal 1012 (March, 2010) This Note argues that immigration courts have served and continue to serve as important sites for the perpetuation of national identity myths. By focusing on a subset of cases called cancellation of removal, I examine the functional criteria by which immigrants are granted exemption from deportation. Despite ostensibly neutral statutory... 2010
Richard A. Boswell Crafting an Amnesty with Traditional Tools: Registration and Cancellation 47 Harvard Journal on Legislation 175 (Winter 2010) Two pieces of legislation form the cornerstones of modern immigration reform. The first, the Immigration Reform and Control Act (IRCA), was enacted by Congress and signed into law by President Ronald Reagan in 1986. IRCA was proclaimed as a major step towards reform and was touted as the solution to the problem of illegal migration. The second,... 2010
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