| Author | Title | Citation | Summary | Year |
| 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 |
| Francine J. Lipman |
Bearing Witness to Economic Injustices of Undocumented Immigrant Families: a New Class of "Undeserving" Poor |
7 Nevada Law Journal 736 (Summer 2007) |
Seven fifty-five, Wednesday evening, November 8, the day before her eighty-second wedding anniversary and twenty-nine days before her 100th birthday, my grandmother slipped away from the American family and dream that she loved every day of her life. A first generation United States citizen, Rose was born at home on 15th Street in New York City to... |
2007 |
| Mae M. Ngai |
Birthright Citizenship and the Alien Citizen |
75 Fordham Law Review 2521 (April, 2007) |
The alien citizen is an American citizen by virtue of her birth in the United States but whose citizenship is suspect, if not denied, on account of the racialized identity of her immigrant ancestry. In this construction, the foreignness of non-European peoples is deemed unalterable, making nationality a kind of racial trait. Alienage, then, becomes... |
2007 |
| Natsu Taylor Saito |
Border Constructions: Immigration Enforcement and Territorial Presumptions |
10 Journal of Gender, Race and Justice 193 (Winter 2007) |
Securing our border is essential to securing the homeland. . . . I appreciate once again being here with the Border and Immigration Security officers. . . . By defending our border, you're defending our liberty, and our citizens, and our way of life. President George W. Bush, November 28, 2005, Tucson, Arizona In the post-September 11th world,... |
2007 |
| Christopher J. Walker |
Border Vigilantism and Comprehensive Immigration Reform |
10 Harvard Latino Law Review 135 (Spring, 2007) |
We must begin by recognizing the problems with our immigration system. For decades, the United States has not been in complete control of its borders .. We're a nation of laws, and we must enforce our laws. We are also a nation of immigrants, and we must uphold that tradition, which has strengthened our country in so many ways. These are not... |
2007 |
| Brian G. Slocum |
Canons, the Plenary Power Doctrine, and Immigration Law |
34 Florida State University Law Review 363 (Winter, 2007) |
There is a fundamental dichotomy in immigration law. On one hand, courts have consistently maintained that Congress has plenary power over immigration and reject most constitutional challenges on that basis. On the other hand, courts frequently use canons of statutory construction aggressively to help interpret immigration statutes in favor of... |
2007 |
| Jennifer Gordon , R. A. Lenhardt |
Citizenship Talk: Bridging the Gap Between Immigration and Race Perspectives |
75 Fordham Law Review 2493 (April, 2007) |
The breadth of citizenship as an analytical framework is amply demonstrated by the proceedings of this Symposium. Its very richness, however, creates challenges for the scholars working within its ambit. Others have discussed the need for clarity in parsing the multiple meanings of the concept. A different challenge, less explored, is that of... |
2007 |
| Joel C. Norwood |
Commentary Introduction |
39 Connecticut Law Review 1825 (July, 2007) |
Although the controversy over immigration reform has intensified since September 11, 2001, it has long been a subject that inflames individuals throughout the political spectrum. During the wave of immigration reform in the 1990s, arguments to change immigration laws focused on the economic threats allegedly posed by increasing numbers of... |
2007 |
| Hiroshi Motomura |
Comment--choosing Immigrants, Making Citizens |
59 Stanford Law Review 857 (February, 2007) |
Introduction. 857 I. A Closer Look at Second-Order Structure. 859 A. Defining Ex Ante and Ex Post Screening. 859 B. The Problem of Country-Specific Investments. 863 C. The Constitution, the Undocumented, and Ex Post Screening. 866 II. Frames of Reference. 868 Conclusion. 870 |
2007 |
| Ebba Gebisa |
Constitutional Concerns with the Enforcement and Expansion of Expedited Removal |
2007 University of Chicago Legal Forum 565 (2007) |
Sharon McKnight, a New York resident who is a United States citizen of Jamaican descent, was taken into custody and handcuffed by the Immigration and Naturalization Service (INS) upon her arrival at New York's John F. Kennedy International Airport on June 10, 2000. The INS officials at the airport took McKnight into custody because they... |
2007 |
| Brian G. Slocum |
Courts Vs. The Political Branches: Immigration "Reform" and the Battle for the Future of Immigration Law |
5 Georgetown Journal of Law and Public Policy 509 (Summer, 2007) |
When the topic of immigration reform is discussed, the focus is usually on the efforts of the political branches, particularly Congress. The role of the judiciary is typically ignored or mischaracterized. In this Article, Professor Slocum discusses the role of the judiciary with regard to immigration reform and argues that the judiciary's efforts... |
2007 |
| Howard F. Chang |
Cultural Communities in a Global Labor Market: Immigration Restrictions as Residential Segregation |
2007 University of Chicago Legal Forum 93 (2007) |
When economists speak of a globalizing world, they have in mind first and foremost the dramatic moves we have made toward a global common market; that is, our evolution toward a world economy integrated across national boundaries. Our progress in this direction has been especially dramatic in the liberalization of international trade in goods.... |
2007 |
| Don Blankenau |
Ecosystem Protection Versus Immigration: the Coming Conflict |
12 Great Plains Natural Resources Journal J. 1 (Fall 2007) |
An undeniable and ever escalating tension exists between population growth and environmental conservation worldwide. This article seeks to draw attention to the impact of population growth, and specifically that related to immigration, on the depletion of resources specifically in the United States of America. The ability of U.S. environmental... |
2007 |
| Andrew J. Elmore |
Egalitarianism and Exclusion: U.s. Guest Worker Programs and a Non-subordination Approach to the Labor-based Admission of Nonprofessional Foreign Nationals |
21 Georgetown Immigration Law Journal 521 (Summer, 2007) |
Comprehensive immigration reform has been a top legislative priority for the last several years, and recent bills have contemplated the expansion of guest worker programs to adjust the status of undocumented immigrants and to control the future migrant flow. While there is a broad consensus that the current immigration system is broken, there is... |
2007 |
| Muzaffar A. Chishti |
Enforcing Immigration Rules: Making the Right Choices |
10 NYU Journal of Legislation and Public Policy 451 (2006-2007) |
It is estimated that close to twelve million undocumented immigrants currently reside in the United States. Given the scale of the phenomenon, various enforcement strategies are being employed or considered to control illegal immigration. This paper focuses on two of these strategies in the current policy debate: Part I examines the electronic... |
2007 |
| Nancy Foner |
Engagements Across National Borders, Then and Now |
75 Fordham Law Review 2483 (April, 2007) |
A focus on challenges to nationally bounded citizenship paradigms is inevitably about the dramatic effects of immigration on American society. In 2005, more than thirty-five million residents of the United States were immigrants, or a remarkable twelve percent of the population. It is not, of course, numbers alone that create the challenges. At the... |
2007 |
| Fernando Colon-Navarro |
Familia E Inmigracion: What Happened to Family Unity? |
19 Florida Journal of International Law 491 (August, 2007) |
The Immigration and Naturalization Act (INA), also known as The McCarran-Walter Act of 1952 (Act), states, as its goals, while maintaining an emphasis on nationality, (1) the reunification of families, (2) the protection of the domestic labor force, and (3) the immigration of persons with needed skills. The goal of family reunification has been a... |
2007 |
| Monique Lee Hawthorne |
Family Unity in Immigration Law: Broadening the Scope of "Family" |
11 Lewis & Clark Law Review 809 (Fall 2007) |
Throughout history, the U.S. government has claimed to stand by a strong policy of family reunification. After providing a brief overview of U.S. immigration policy and regulation since the 1800s, this Comment examines the existing statutory framework for family reunification. The author argues that legislation passed by the U.S. Senate in late-May... |
2007 |
| Sylvia R. Lazos Vargas |
Foreword: Emerging Latina/o Nation and Anti-immigrant Backlash |
7 Nevada Law Journal 685 (Summer 2007) |
LatCrit XI, Working and Living in the Global Playground: Frontstage and Backstage, convened at William S. Boyd School of Law, in Las Vegas Nevada, during October 2006 and called upon over 150 academics to focus on the impacts of globalization and immigration. At no time has LatCrit's critical approach of interconnecting the structures of... |
2007 |
| Cristina M. Rodriguez |
Guest Workers and Integration: Toward a Theory of What Immigrants and Americans Owe One Another |
2007 University of Chicago Legal Forum 219 (2007) |
The presence of over eleven million unauthorized immigrants in the United States has generated a wide-ranging and charged debate in recent years over the need to overhaul our immigration laws. Among the suggested reforms, the most novel (for the United States) and controversial has been the proposal that we adopt a large-scale temporary worker... |
2007 |
| Linda Kelly Hill |
Holding the Due Process Line for Asylum |
36 Hofstra Law Review 85 (Fall 2007) |
MONICA GOODLING: I interviewed candidates who were to be detailed into confidential policy-making positions and attorney general appointments, such as immigration judges and members of the Board of Immigration Appeal. . . . In every case I tried to act in good faith and for the purpose of ensuring that the department was staffed by well-qualified... |
2007 |
| Emily B. White |
How We Treat Our Guests: Mobilizing Employment Discrimination Protections in a Guest Worker Program |
28 Berkeley Journal of Employment and Labor Law 269 (2007) |
With immigration reform moving to the forefront of the national agenda, proposals for a guest worker program have become politically feasible. The potential effects of these proposals on the employment rights of guest workers have not been fully considered. In this Comment, Emily White argues that a guest worker program should include undiluted... |
2007 |
| Linda Bertling Meade |
Human Rights and the Current Immigration Debate: Legislative Proposals' Effects on the Mexican Immigrant Population |
3 South Carolina Journal of International Law & Business 107 (Spring, 2007) |
The United States is a nation of immigrants. It is a nation founded by immigrants. The debate over immigration, therefore, is not a new one. While the immigration dispute has been around for over a century, it is during times of high unemployment, economic distress, and national security scares that the immigration issue comes into sharper focus... |
2007 |
| |
Immigration -- Practice and Policy Fall 2006 Symposium George Mason University School of Law Civil Rights Law Journal October 18, 2006 |
17 George Mason University Civil Rights Law Journal 545 (Spring 2007) |
One of the Civil Rights Law Journal's goals is to bring attention to current civil rights topics and contribute to the legal community's discussion of these important issues. The Civil Rights Law Journal chose immigration as this year's Symposium topic because it has burgeoned into one of the most important national policy debates that cross-cuts... |
2007 |
| Lupe S. Salinas |
Immigration and Language Rights: the Evolution of Private Racist Attitudes into American Public Law and Policy |
7 Nevada Law Journal 895 (Summer 2007) |
American history is replete with narrow-minded reactions to speaking languages other than English. The early settlers spoke primarily English; however, many colonists who arrived later spoke other European languages. Regardless, the new settlements inevitably became English-speaking communities. Their numbers and traditions dictated this result.... |
2007 |
| George A. Martínez |
Immigration and the Meaning of United States Citizenship: Whiteness and Assimilation |
46 Washburn Law Journal 335 (Winter 2007) |
At the outset of the twenty-first century, United States immigration policy has become one of the most pressing issues of our time. In recent years, we have witnessed, among other things, calls for dramatically restricting immigration in light of an alleged threat to American national identity, increased border enforcement associated with thousands... |
2007 |
| Kerry Abrams |
Immigration Law and the Regulation of Marriage |
91 Minnesota Law Review 1625 (June, 2007) |
Introduction. 1626 I. Marriage and Immigration Law. 1633 A. Marriage as a Central Organizing Principle. 1634 B. Congress's Plenary Power to Regulate Immigration. 1638 II. Regulating Courtship. 1647 A. Family Law and Courtship. 1647 B. Immigration Law and Courtship. 1650 1. Fiancé Visas. 1650 2. The International Marriage Broker Regulation Act. 1653... |
2007 |
| Kitty Calavita |
Immigration Law, Race, and Identity |
3 Annual Review of Law and Social Science Sci. 1 (2007) |
ethnicity, naturalization, exclusion, Hurricane Katrina This review examines the scholarship at the intersection of immigration law, race, and identity. Historically, much of the literature has focused on the ways immigration law has constructed, and been constructed by, racial categories. I argue that African American racialization has been a... |
2007 |
| Adela de la Torre, Ph.D., Julia Mendoza |
Immigration Policy and Immigration Flows: a Comparative Analysis of Immigration Law in the U.s. and Argentina |
3 Modern American 46 (Summer-Fall, 2007) |
Lawyers and policy experts within the Latino community need to foster cultural responsibility for immigration reform by participating in the policy dialogue. Although Latino lawyers do not represent the broad American population, they do represent American communities that have been discriminated against because of their cultural and racial... |
2007 |
| Bill Ong Hing |
Immigration Policy: Thinking Outside the (Big) Box |
39 Connecticut Law Review 1401 (May, 2007) |
Wal-Mart and other large U.S. companies have run afoul of employer sanctions laws against the hiring of undocumented workers. In order to understand why undocumented workers are so willing to take low-paying U.S. jobs, we need to understand why undocumented workers from Mexico are so readily available, the history of labor migration from Mexico,... |
2007 |
| Kevin R. Johnson , Bernard Trujillo |
Immigration Reform, National Security after September 11, and the Future of North American Integration |
91 Minnesota Law Review 1369 (May, 2007) |
Ostensibly to meet the challenge of terrorism after September 11, 2001, but also to soothe the nerves of a tense public, the legal terrain surrounding what can be done in the name of national security changed dramatically in the United States over the last five years. Government, and the public, quickly became ready and willing to trade off civil... |
2007 |