| Author | Title | Citation | Summary | Year |
| Jason G. Idilbi |
Local Enforcement of Federal Immigration Law: Should North Carolina Communities Implement 287(g) Authority? |
86 North Carolina Law Review 1710 (September, 2008) |
Introduction. 1710 I. Section 287(g) and the Structure and Enforcement of Federal Immigration Law at the State and Local Level. 1714 II. The Use of 287(g) Agreements in North Carolina and State Encouragement. 1718 III. The Effects of Immigration in North Carolina and Benefits of 287(g) Agreements. 1720 IV. Drawbacks of 287(g) Agreements. 1725 A.... |
2008 |
| Liav Orgad |
Love and War: Family Migration in Time of National Emergency |
23 Georgetown Immigration Law Journal 85 (Fall, 2008) |
Is there a constitutional right to family-sponsored immigration? What does love have to do with it? Is family immigration about rights of citizens or interests of aliens? Can the nation invoke the war justification for regulating family immigration by excluding enemy aliens en masse? Can the nation stigmatize alien family members as a potential... |
2008 |
| Tori Andrea |
Missouri Steps up Efforts in Immigration Enforcement |
22 Georgetown Immigration Law Journal 357 (Winter, 2008) |
On August 27, 2007, Governor of Missouri Matt Blunt announced a series of new initiatives that increase the purview of state law enforcement officials to enforce laws against illegal immigration. We cannot be complacent about illegal immigration, Governor Blunt stated, and we cannot wait for Washington to stop unlawful immigration. Accordingly,... |
2008 |
| Kevin R. Johnson |
Most RelevantA Handicapped, Not "Sleeping," Giant: the Devastating Impact of the Initiative Process on Latina/o and Immigrant Communities |
96 California Law Review 1259 (October, 2008) |
Despite being questioned on many grounds, direct democracy remains popular in many states. Calls for reform of the initiative process abound. Consider a few frequently expressed concerns about initiative lawmaking. Some critics contend that direct democracy benefits well-financed interest groups--often derided as special interests--that are able... |
2008 |
| Catharine Slack |
Municipal Targeting of Undocumented Immigrants' Travel in the Post 9/11 Suburbs: Waukegan, Illinois Case Study |
22 Georgetown Immigration Law Journal 485 (Spring, 2008) |
As the U.S. went to war on terrorism, the small Midwestern city of Waukegan began confiscating undocumented immigrants' cars. Waukegan's towing policy demonstrates the post 9/11 trend of restricting undocumented immigrants' travel inside our nation's borders. This article locates Waukegan's policy within that trend and the older trend of increasing... |
2008 |
| Lauren Gilbert |
National Identity and Immigration Policy in the U.s. and the European Union |
14 Columbia Journal of European Law 99 (Winter 2007/2008) |
This article contrasts the efforts currently underway in the European Union to develop a harmonized system for admitting and integrating immigrants with the repeated failure of immigration reform in the U.S. and the absence of a policy for immigrant integration. After examining recent obstacles to immigration reform in the U.S., Part I discusses... |
2008 |
| Lauren Gilbert |
National Identity and Immigration Policy in the U.s. and the European Union |
14 Columbia Journal of European Law 99 (Winter, 2007/2008) |
This article contrasts the efforts currently underway in the European Union to develop a harmonized system for admitting and integrating immigrants with the repeated failure of immigration reform in the U.S. and the absence of a policy for immigrant integration. After examining recent obstacles to immigration reform in the U.S., Part II discusses... |
2008 |
| Chaim Gans |
Nationalist Priorities and Restrictions in Immigration: the Case of Israel |
2 Law & Ethics of Human Rights 12 (January, 2008) |
It may be that the appropriate demographic objective of Israel as a country in which the Jewish people realize their right to self-determination is the existence of a Jewish public in Israel in numbers sufficient to allow its members to live in the framework of their culture. It may also be that the appropriate demographic objective of Israel... |
2008 |
| Tom I. Romero, II, J.D., Ph.D. |
No Brown Towns: Anti-immigrant Ordinances and Equality of Educational Opportunity for Latina/os |
12 Journal of Gender, Race and Justice 13 (Fall 2008) |
multi-racial community seems equally fundamental. Since the 1990s, the percentage of students of every race in multiracial groups has increased. Segregation is no longer black and white but increasingly multiracial. In 1972, the United States Supreme Court in Spencer v. Kugler affirmed without comment New Jersey's statutory scheme compelling... |
2008 |
| Rick Su |
Notes on the Multiple Facets of Immigration Federalism |
15 Tulsa Journal of Comparative & International Law 179 (Spring 2008) |
Immigration is a national issue and a federal responsibility. To describe it solely in those terms today seems almost wistfully passé. There is increasing skepticism as to the federal government's willingness or ability to regulate immigration in the twenty-first century. At the same time, there appears to be growing enthusiasm for an increased... |
2008 |
| César Cuauhtémoc García Hernández |
Of Inferior Stock: the Two-pronged Repression of Radical Immigrant Birth Control Advocates at the Turn-of-the-twentieth Century |
20 Saint Thomas Law Review 513 (Spring 2008) |
I. Introduction. 513 II. Birth Control: A Threat to Morality. 516 III. Immigration Law and the Threat of the Dysgenic Hordes. 521 IV. Convergence of Immigration Law & Criminal Law. 527 V. Conclusion. 536 |
2008 |
| Raquel Aldana |
Of Katz and "Aliens": Privacy Expectations and the Immigration Raids |
41 U.C. Davis Law Review 1081 (February, 2008) |
This Article examines privacy rights for noncitizens in the context of the recent immigration raids in peoples' homes and the workplace. The Immigration and Customs Enforcement Office is conducting these raids with general or defective warrants and executes them in a discriminating dragnet-style, mostly against Latinos. The Fourth Amendment,... |
2008 |
| Timothy J. Lukes , Minh T. Hoang |
Open and Notorious: Adverse Possession and Immigration Reform |
27 Washington University Journal of Law and Policy 123 (2008) |
The first thing visitors see upon arrival to Kelley Park and its San Jose Historical Museum is a replica of the gigantic light tower that briefly straddled the corner of Santa Clara and Market Streets. The tower was built by J. J. Owen, whose enlightenment interests also inspired his purchase of the San Jose Mercury, where a poetic supporter waxed... |
2008 |
| Kevin R. Johnson |
Opening the Floodgates: Why America Needs to Rethink its Borders and Immigration Laws |
61 SMU Law Review Rev. 3 (Winter 2008) |
TIME and time again, U.S. immigration law has been well behind global and domestic changes, resulting in numerous laws and incidents that we now regret as a nation. Sadly, the United States is still behind the times. In terms of immigration policy, the nation still lives in a world of kingdoms with moats, walls, and barriers, rather than a modern... |
2008 |
| Lindsay N. Wise |
People Not Equal: a Glimpse into the Use of Profiling and the Effect a Pending U.n. Human Rights Committee Case May Have on United States' Policy |
14 Washington and Lee Journal of Civil Rights and Social Justice 303 (Spring, 2008) |
C1-3Table of Contents I. Introduction. 303 II. Incidents of Unequal Treatment and Profiling of Aliens in the United States. 305 III. Why Profiling is Permitted When Applied to Aliens: An Overview of Immigration Law in the United States. 311 IV. Why the Plenary Power Doctrine Should be Modified to Prevent Discriminatory Profiling of Aliens. 314 V.... |
2008 |
| Bryan Boyle |
Private Damages for Immigration Violations: a Reality for the U.s.; a Possibility for the E.u. |
7 Washington University Global Studies Law Review 569 (2008) |
Host countries have attempted to develop creative ways to address immigration issues in an effort to reach fair and sustainable solutions to the problems posed by large waves of immigration. A variety of party interests affect host countries' decisions in this arena. On one hand, these countries consider the rights of immigrants, even those of... |
2008 |
| Adrian J. Rodríguez |
Punting on the Values of Federalism in the Immigration Arena? Evaluating Operation Linebacker, a State and Local Law Enforcement Program along the U.s.-mexico Border |
108 Columbia Law Review 1226 (June, 2008) |
Attempting to combat drug trafficking and immigrant smuggling, a coalition of sheriffs' departments increased police presence along the United States's border with Mexico. Dubbed Operation Linebacker, sheriff deputies have increased patrols and, in some cases, set up vehicle checkpoints to deter crime along the border. In Texas, the Governor has... |
2008 |
| Erik Camayd-Freixas, Ph.D. |
Raids, Rights and Reform: the Postville Case and the Immigration Crisis |
2 DePaul Journal for Social Justice Just. 1 (Fall 2008) |
We must also find a sensible and humane way to deal with people here illegally. Illegal immigration is complicated, but it can be resolved. And it must be resolved in a way that upholds both our laws and our highest ideals. - George W. Bush, State of the Union Address, January 28, 2008. It is impossible to overestimate the importance of Postville... |
2008 |
| Michael Scaperlanda |
Religious Freedom in the Face of Harsh State and Local Immigration Laws |
15 Tulsa Journal of Comparative & International Law 165 (Spring 2008) |
In recent years, the issue of illegal immigration has taken center stage on the American political scene. In 2005, the House Judiciary Committee estimated that eleven million aliens resided in this country illegally, with another 500,000 moving to the United States annually. Two approaches emerged to deal with this tide: an enforcement first model,... |
2008 |
| Lior Jacob Strahilevitz |
Reputation Nation: Law in an Era of Ubiquitous Personal Information |
102 Northwestern University Law Review 1667 (Fall 2008) |
Introduction. 1668 I. The Reputation Revolution and the Law. 1670 A. Existing Scholarship on Consumer Information and Discrimination. 1675 B. Landlord-Tenant Law. 1677 C. Antidiscrimination Law. 1682 D. Jury Selection. 1688 E. Medical Diagnosis and Treatment. 1695 F. Insurance. 1698 G. Immigration Law. 1699 H. Consumer Protection Law. 1706 II. When... |
2008 |
| Nancy Morawetz |
Rethinking Drug Inadmissibility |
50 William and Mary Law Review 163 (October, 2008) |
Changes in federal statutory policy, state criminal justice laws, and federal enforcement initiatives have led to an inflexible and zero-tolerance immigration policy with respect to minor drug use. This Article traces the evolution of the statutory scheme and how various provisions in state and federal law interact to create the current policy. It... |
2008 |
| Matthew S. Mulqueen |
Rethinking the Role of the Exclusionary Rule in Removal Proceedings |
82 Saint John's Law Review 1157 (Summer 2008) |
On December 12, 2006, the Department of Homeland Security's Immigration and Customs Enforcement (DHS ICE) swept up over 12,000 meatpacking workers in the largest immigration raid in the Nation's history. While Secretary of Homeland Security Michael Chertoff praised the raids as part of the Nation's comprehensive plan to combat illegal immigration... |
2008 |
| Jennifer Gordon , R.A. Lenhardt |
Rethinking Work and Citizenship |
55 UCLA Law Review 1161 (June, 2008) |
This Article advances a new approach to understanding the relationship between work and citizenship that comes out of research on African American and Latino immigrant low-wage workers. Media accounts typically portray African Americans and Latino immigrants as engaged in a pitched battle for jobs. Conventional wisdom suggests that the source of... |
2008 |
| Jennifer M. Hansen |
Sanctuary's Demise: the Unintended Effects of State and Local Enforcement of Immigration Law |
10 Scholar: St. Mary's Law Review on Minority Issues 289 (Symposium 2008) |
I. Introduction. 290 A. Criminal vs. Civil Enforcement. 292 B. Authority. 293 C. Currently Proposed Legislation. 296 D. Effect of Proposed Legislation. 297 II. Legal Background. 298 A. Precedent. 300 B. The Department of Justice Memos. 301 C. Statutes (the 1996 Laws). 302 1. Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 302... |
2008 |
| Sara Catherine Barnhart |
Second Class Delivery: the Elimination of Birthright Citizenship as a Repeal of "The Pursuit of Happiness" |
42 Georgia Law Review 525 (Winter, 2008) |
Immigrants are dirty and lazy . . . . They will never be Americans like us. Historically, anti-immigration backlashes have followed large waves of immigration to the United States. Nativism was evident in America as early as the days of Benjamin Franklin even though, aside from the Native Americans, few Americans were truly native.... |
2008 |
| Raquel E. Aldana |
Silent Victims No More?: Moral Indignation and the Potential for Latino Political Mobilization in Defense of Immigrants |
45 Houston Law Review 73 (Symposium 2008) |
I. Introduction. 74 II. Electoral Politics and Latina/o Voters. 83 A. The Numbers: 2006 Elections and Predictions for 2008. 85 B. Latino Voters on Immigration. 88 III. The Promise of Nonelectorate Latino Civic Engagement: The 2006 Immigration Marches and Beyond. 92 IV. Conclusion. 97 Media reports identified at least 50 of the 130 victims of the... |
2008 |
| Juliet P. Stumpf |
States of Confusion: the Rise of State and Local Power over Immigration |
86 North Carolina Law Review 1557 (September, 2008) |
Federal immigration law has evolved from a stepchild of foreign policy into a national legislative and regulatory scheme that intersects with the triumvirate of state power: criminal law, employment law, and welfare. Shifting the locus of immigration law out of the category of foreign affairs and into these domestic spheres casts immigration law... |
2008 |
| Kathryn Nicole Lewis |
Streets of Wrath: the Constitutionality of the Town of Jupiter's Non-solicitation Ordinance |
37 Stetson Law Review 471 (Winter 2008) |
Whether it is discussed in the context of homeland security, economic implications, or allegations of racism, the issue of immigration is a perennial hot-button topic. Though much of the debate and discussion takes place at the national level as various talking heads argue the merits of guest-worker programs versus fence-building initiatives, the... |
2008 |
| Ediberto Román |
The Alien Invasion? |
45 Houston Law Review 841 (Summer 2008) |
I. Introduction. 842 II. The Invasion?. 843 III. The Empirical Data. 856 A. The Alleged Invasion. 857 B. Immigrants' Economic Impact. 858 C. Immigrants' Impact on Crime Rates. 862 IV. The State and Local Government Attacks Against Immigration. 867 V. A History of Invitation and Exclusion. 870 VI. The Psychological Impact of the Anti-Immigrant... |
2008 |
| Kimberly Jantz |
The Boiling Point: Does Oklahoma Have a Role to Play in Creating Immigration Law or a Responsibility to Allow the Federal Government to Independently Manage Reform, Borders, and Treaties? |
15 Tulsa Journal of Comparative & International Law 243 (Spring 2008) |
America is not a melting pot. It is a sizzling cauldron. - Barbara Mikulski Gary Rutledge, a professor at Rogers State College in Claremore, Oklahoma, discovered firsthand the practical problems caused by illegal immigration when he had a car accident in Tulsa. While no one involved in the accident was seriously injured, the damage done to... |
2008 |
| Clare Huntington |
The Constitutional Dimension of Immigration Federalism |
61 Vanderbilt Law Review 787 (April, 2008) |
Introduction. 788 I. States, Localities, and Immigration. 795 A. The Legal Backdrop: Federal Dominance. 795 B. The Current Resurgence of State and Local Regulation. 799 II. The Constitution and Federal Exclusivity. 807 A. A Taxonomy of Preemption. 808 B. The Category Error. 811 1. Structural Preemption. 812 a. Text. 812 b. Institutional Structure.... |
2008 |
| Anil Kalhan |
The Fourth Amendment and Privacy Implications of Interior Immigration Enforcement |
41 U.C. Davis Law Review 1137 (February, 2008) |
This Article proposes privacy as a descriptive and normative framework to analyze the constellation of recent initiatives to expand interior enforcement of federal immigration laws. By expanding the circumstances in which individuals are expected to demonstrate their lawful presence in the United States, these various initiatives seek to transform... |
2008 |
| Brietta R. Clark |
The Immigrant Health Care Narrative and What it Tells Us about the U.s. Health Care System |
17 Annals of Health Law 229 (Summer 2008) |
In San Diego, California, a hospital used the private company Nextcare to transfer undocumented immigrants to a clinic in Mexico after providing stabilizing emergency care. A Los Angeles Times (L.A. Times) article recounted one patient's experience: the patient was brought to the emergency room because he had been in a car accident. He required... |
2008 |
| Anna Williams Shavers |
The Invisible Others and Immigrant Rights: a Commentary |
45 Houston Law Review 99 (Symposium 2008) |
I. Introduction. 100 II. Revelations in the Hurricane Katrina Aftermath. 102 A. The Invisibility of Black Americans. 102 1. So Poor, So Black: The Demographics of the Katrina Victims and the Focus on Black Americans. 102 2. Tensions between Black Americans and Immigrants. 111 B. The Mistreatment of Immigrants. 123 1. Citizenship Matters. 124 2.... |
2008 |
| Maritza I. Reyes |
The Latino Lawful Permanent Resident Removal Cases: a Case Study of Nicaragua and a Call for Fairness and Responsibility in the Administration of U.s. Immigration Law |
11 Harvard Latino Law Review 279 (Spring 2008) |
What has become of the descendants of the irresponsible adventurers, the scapegrace sons, the bond servants, the redemptionists and the indentured maidens, the undesirables, and even the criminals, which made up, not all, of course, but nevertheless a considerable part of, the earliest emigrants to these virgin countries? They have become the... |
2008 |
| James F. Hollifield , Valerie F. Hunt , Daniel J. Tichenor |
The Liberal Paradox: Immigrants, Markets and Rights in the United States |
61 SMU Law Review 67 (Winter 2008) |
With the gradual rollback of the national origins quota system in the 1950s and its eventual repeal in 1965, U.S. immigration policy became increasingly liberal and expansive. This liberalization continued throughout the 1980s and was reinforced by the passage of the Immigration Reform and Control Act of 1986 and the Immigration Act of 1990, both... |
2008 |
| Aubry Holland |
The Modern Family Unit: Toward a More Inclusive Vision of the Family in Immigration Law |
96 California Law Review 1049 (August, 2008) |
Immigration law's shortcomings in setting family policy are often overlooked, as the modern immigration debate is preoccupied with border control and employment opportunities. As a result, immigration law's narrow vision of the family unit often produces contradictory and counterintuitive results. In the recent case Nguyen v. INS, for example, the... |
2008 |
| Bryn Siegel |
The Political Discourse of Amnesty in Immigration Policy |
41 Akron Law Review 291 (2008) |
[S]hall we refuse to the unhappy fugitives from distress that hospitality which the savages of the wilderness extended to our fathers arriving in this land? Shall oppressed humanity find no asylum on this globe? Eduardo Sandoval has lived in the United States without legal status for nearly twenty years. He now has a wife and three children who are... |
2008 |
| 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 |
| Cristina M. Rodríguez |
The Significance of the Local in Immigration Regulation |
106 Michigan Law Review 567 (February, 2008) |
The proliferation of state and local regulation designed to control immigrant movement generated considerable media attention and high-profile lawsuits in 2006 and 2007. Proponents and opponents of these measures share one basic assumption, with deep roots in constitutional doctrine and political rhetoric: immigration control is the exclusive... |
2008 |
| Max J. Pfeffer |
The Underpinnings of Immigration and the Limits of Immigration Policy |
41 Cornell International Law Journal 83 (Winter 2008) |
Introduction. 83 I. Recent Immigration Trends and Immigrant Characteristics. 84 II. Public Opinion of Immigration. 87 III. The Underpinning of Immigration. 89 A. The Limits of Immigration Policy. 89 B. Conditions in Mexico. 92 IV. A Comprehensive Policy Approach to Immigration. 93 A. Development Policy. 94 B. Labor Policy. 94 C. Social Welfare... |
2008 |
| Jill E. Family |
Threats to the Future of the Immigration Class Action |
27 Washington University Journal of Law and Policy 71 (2008) |
I. Introduction. 71 II. The Immigration Class Action. 76 III. Threats to the Future of the Immigration Class Action. 81 A. Threat One: Congressional Willingness to Restrict Immigration Judicial Review. 82 B. Threat Two: Waivers of Judicial Review. 86 1. The Threat. 86 2. Evaluating the Threat. 94 a. The Plenary Power Doctrine. 95 b. The Contract... |
2008 |
| Wendy Andre |
Undocumented Immigrants and Their Personal Injury Actions: Keeping Immigration Policy out of Lost Wage Awards and Enforcing the Compensatory and Deterrent Functions of Tort Law |
13 Roger Williams University Law Review 530 (Spring 2008) |
Immigration is by definition a gesture of faith in social mobility. It is the expression in action of a positive belief in the possibility of a better life. It has thus contributed greatly to developing the spirit of personal betterment in American society and to strengthening the national confidence in change and the future. Such confidence, when... |
2008 |
| VICTOR C. ROMERO |
United States Immigration Policy: Contract or Human Rights Law? |
32 Nova Law Review 309 (Spring, 2008) |
All nations distinguish between their citizens and others. In the United States, the primary set of laws for determining these distinctions is found in our immigration policy. The term immigration law refers to a rather narrow set of rules covering essentially two aspects of a non-citizen's stay in the United States: first, those rules that... |
2008 |
| Jason H. Lee |
Unlawful Status as a "Constitutional Irrelevancy"?: the Equal Protection Rights of Illegal Immigrants |
39 Golden Gate University Law Review Rev. 1 (Fall 2008) |
In 1982, the Supreme Court decided Plyler v. Doe, the first and only case in which it has addressed the level of scrutiny applicable to state classifications of illegal immigrants under the Equal Protection Clause of the Fourteenth Amendment. In a complex and internally incoherent opinion, the Court declared that unlawful status is not a... |
2008 |
| Kristin Connor |
Updating Brignoni-ponce: a Critical Analysis of Race-based Immigration Enforcement |
11 NYU Journal of Legislation and Public Policy 567 (2008) |
Introduction. 568 I. Current Law on the Permissible Use of Race in Immigration Enforcement. 570 A. Search and Seizure Standard for Police Stops. 570 B. Brignoni-Ponce: Reasonable Suspicion and Permissibility of Race as One of Many Factors. 572 C. Martinez-Fuerte: Rejecting Stigmatization Concerns and Allowing Secondary Checkpoint Stops without... |
2008 |
| Tera Rica Murdock |
Whose Child Is This?: Genetic Analysis and Family Reunification Immigration in France |
41 Vanderbilt Journal of Transnational Law 1503 (November, 2008) |
In an attempt to limit fraudulent family reunification immigration and control how many migrants enter its borders, France statutorily implemented the use of DNA testing in family reunification immigration in late 2007. Where an immigrating child possesses suspicious documentation, and the child is seeking to reunite with his or her mother in... |
2008 |
| Anne B. Chandler |
Why Is the Policeman Asking for My Visa? The Future of Federalism and Immigration Enforcement |
15 Tulsa Journal of Comparative & International Law 209 (Spring 2008) |
The allocation of power between the federal government and the states to control immigration has long been a subject of controversy in the United States. Likewise controversial has been the allocation of authority between federal criminal law and federal civil remedies in the regulation of federal immigration norms. Recent years have seen... |
2008 |
| Wesley Kennedy , Angie M. Cowan |
A Touch of "Class"-immigration and the Intersection of Politics and Protected Section 7 Activity |
23 Labor Lawyer 99 (Summer, 2007) |
Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door. Emma Lazarus, The New Colossus Is this the best way we can grow our big orchards? Is this the best way we can grow our good fruit? To fall... |
2007 |
| Hannah Whitney McMurry Schrock |
An Emerging Civil Rights Movement: Immigrant Populations in Need of Equal Protection under the Fourteenth Amendment |
34 Northern Kentucky Law Review 749 (2007) |
Studying abroad in Oaxaca, Mexico, I saw first-hand the extreme poverty that plagues third world countries; and it is intensely magnified in comparison to that of my Appalachian Eastern Kentucky hometown. It is not difficult to understand why one may choose to leave his or her country and loved ones behind, risking death or mutilation for the... |
2007 |