| Author | Title | Citation | Summary | Year |
| 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 |
| Mariela Olivares |
The Rise of Zero Tolerance and the Demise of Family |
36 Georgia State University Law Review 287 (Winter, 2020) |
This article explores the intersection of immigration law and family law and argues that the current regime dedicated to decimating immigrant families in the United States does not comport with the history and spirit of immigration law and policy. Policies shifting away from family unity and towards an inhumane treatment of immigrant families is... |
2020 |
| 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 |
| Carrie L. Rosenbaum |
The Role of Equality Principles in Preemption Analysis of Sub-federal Immigration Laws: the California Trust Act |
18 Chapman Law Review 481 (Spring 2015) |
In December 2014 the Obama Administration acknowledged the serious critiques of Secure Communities and replaced it with the Priority Enforcement Program (PEP). The United States Department of Homeland Security's Secure Communities program had been subject to extensive and prolonged critique, and quantitative data suggested that it did not deter... |
2015 |
| Monica Soderlund |
The Role of News Media in Shaping and Transforming the Public Perception of Mexican Immigration and the Laws Involved |
31 THE ROLE OF NEWS MEDIA IN SHAPING AND TRANSFORMING THE PUBLIC PERCEPTION OF MEXICAN IMMIGRATION AND THE LAWS INVOLVED 167 (Spring, 2007) |
The news media is a powerful tool because it provides the public with crucial information; but more importantly, the manner in which news pieces are presented can determine how viewers form their opinions about different public issues. The way the public perceives the contentious issue of Mexican immigration is important because their opinion about... |
2007 |
| |
The Role of the Exclusionary Rule in Removal Hearings |
126 Harvard Law Review 1633 (April, 2013) |
In July 2011, a New York City immigration court judge entered a notable order: she suppressed evidence that an alien had entered the United States illegally. A review of the circumstances precipitating the alien's arrest, however, would make the grant of a suppression remedy seem unexceptional to any attorney versed in Fourth Amendment doctrine. In... |
2013 |
| Mariana Olaizola Rosenblat |
THE ROLE OF TRANSNATIONAL CIVIL SOCIETY IN SHAPING INTERNATIONAL VALUES, POLICIES, AND LAW |
23 Chicago Journal of International Law 144 (Summer, 2022) |
This Essay suggests that predictions about the character of international law in the context of rising authoritarianism may be nuanced by paying closer attention to the influence of transnational civil society (TCS) on global affairs and normative development. While acknowledging that pro-liberal civil society has faced escalating threats from... |
2022 |
| Jonathan L. Hafetz |
The Rule of Egregiousness: Ins V. Lopez-mendoza Reconsidered |
19 Whittier Law Review 843 (Summer, 1998) |
The application of the Fourth Amendment to the Immigration and Naturalization Service (INS) came relatively late and in a watered-down form. A key limitation on the Fourth Amendment protection of illegal aliens was the Supreme Court's decision in INS v. Lopez-Mendoza, which barred use of the exclusionary rule in civil deportation hearings.... |
1998 |
| Michael Hernandez |
The Rule of Law, Historical Equity, and Mexican Contra Prohibition Immigrants |
9 Regent Journal of International Law 29 (2012) |
Events surrounding the recent Presidential election revealed a contentious and politically charged debate regarding immigration issues. President Obama's failure to uphold his campaign promise to pursue comprehensive immigration reform alienated some of his base on the left. His administration's recent adoption of regulations providing immigrants... |
2012 |
| Zohra Ahmed |
The Sanctuary of Prosecutorial Nullification |
83 Albany Law Review 239 (2019-2020) |
In the aftermath of the 2016 election, the shortcomings of existing sanctuary protections came sharply into focus. Historically, cities enacted sanctuary protections to extricate their law enforcement agencies from activities related to federal immigration enforcement. In sanctuary cities, local government agencies are typically restricted from... |
2020 |
| Andrew Haile |
The Scandal of Refugee Family Reunification |
56 Boston College Law Review 273 (January, 2015) |
Abstract: Headlines have highlighted the plight of unaccompanied children seeking asylum at our southern border. Some political pundits have called this a crisis, casting blame for the migrant influx on our outdated and confusing immigration policies. Yet further away from the border, another group of migrants--all of whom have already resettled... |
2015 |
| Laila Hlass |
The School to Deportation Pipeline |
34 Georgia State University Law Review 697 (Spring, 2018) |
The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has... |
2018 |
| Pratheepan Gulasekaram |
THE SECOND AMENDMENT'S "PEOPLE" PROBLEM |
76 Vanderbilt Law Review 1437 (October, 2023) |
The Second Amendment has a people problem. In 2008, District of Columbia v. Heller expanded the scope of the Second Amendment, grounding it in an individualized right of self-protection. At the same time, Heller's rhetoric limited the people of the Second Amendment to law-abiding citizens. In 2022, New York State Rifle & Pistol Ass'n v. Bruen... |
2023 |
| John R.B. Palmer |
The Second Circuit's "New Asylum Seekers": Responses to an Expanded Immigration Docket |
55 Catholic University Law Review 965 (Summer, 2006) |
The year 2002 saw a dramatic shift in the dynamics of immigration litigation in the United States. Triggered by a streamlining of the Department of Justice (DOJ)'s administrative review of expulsion orders, immigration appeals have been pouring into the federal courts in record numbers. Not only is DOJ ordering more people expelled, but a... |
2006 |
| Adam B. Cox , Eric A. Posner |
The Second-order Structure of Immigration Law |
59 Stanford Law Review 809 (February, 2007) |
Immigration law concerns both first-order issues about the number and types of immigrants who should be admitted into a country and second-order design issues concerning the legal rules and institutions that are used to implement those first-order policy goals. The literature has focused on the first set of issues and largely neglected the second.... |
2007 |
| Victor C. Romero |
The Selective Deportation of Same-gender Partners: in Search of the "Rara Avis" |
56 University of Miami Law Review 537 (April, 2002) |
In Adams v. Howerton, the Ninth Circuit adjudicated an issue that may become an important civil rights concern during this millennium: Is it constitutional for Congress to deny immigration benefits to the foreign same-gender partner of a United States citizen? The panel upheld the constitutionality of interpreting Immigration and Nationality Act... |
2002 |
| Raquel Aldana |
The September 11 Immigration Detentions and Unconstitutional Executive Legislation |
29 Southern Illinois University Law Journal L.J. 5 (Fall, 2004/Winter, 2005) |
In response to the tragic September 11 attacks, the U. S. government waged war on terror internationally and domestically. One key component of the domestic war on terror has been the detention of thousands of civilians inside the United States. The target of these civilian detentions overwhelmingly has been foreign nationals from Arab and... |
2005 |
| Melissa Hogan |
The Shadow Spreads: Impact of S.b. 1070 and Trends in Modern Immigration Law |
14 Rutgers Journal of Law & Religion 551 (Spring, 2013) |
When Adolf Hitler came to power in Germany in 1933, the world had no idea of the horrific acts that were about to take place. From our vantage point, safe in the United States, we saw the deprivation of rights of the Jews in Nazi Germany start off small. We saw horrific persecution begin with a front of blaming Jews for Germany's societal ills. We... |
2013 |
| Tally Kritzman-Amir |
The Shifting Categorization of Immigration Law |
58 Columbia Journal of Transnational Law 279 (2020) |
For political reasons, the rise in forced migration and arrival of mixed flows of migrants to the U.S. and Europe is frequently referred to as a crisis or an emergency. Such statements fail to adequately characterize the crisis, and focus on its scope. This paper argues that the current international migration crisis is not merely one of numbers,... |
2020 |
| Daniel Kanstroom |
The Shining City and the Fortress: Reflections on the "Eurosolution" to the German Immigration Dilemma |
16 Boston College International and Comparative Law Review 201 (Summer, 1993) |
The aspiration toward what is generally referred to as a European solution of the German asylum/immigration dilemma has long been a leitmotif in German politico-legal debate. Recently, as progress toward completion of the European Community (EC or Community) has moved center stage, it has been accompanied by ever increasing German interest in... |
1993 |
| 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 |
| Katherine Terrell |
The Simpson-mazzoli Bill: Employer Sanctions and Immigration Reform |
17 New York University Journal of International Law & Politics 987 (Summer, 1985) |
On May 18, 1983, the United States Senate passed the Immigration Reform and Control Act (hereinafter the IRCA), another in a long line of proposed immigration reform bills intended to amend the Immigration and Nationality Act of 1952 (hereinafter the INA), few of which have become law. The IRCA, sponsored by Senator Alan K. Simpson, a Republican... |
1985 |
| Claire R. Thomas |
THE SO-CALLED STATELESS: FIRM RESETTLEMENT, AFRICAN MIGRANTS, AND HUMAN RIGHTS VIOLATIONS IN MEXICO |
32 Boston University Public Interest Law Journal 43 (Winter, 2023) |
Prologue. 45 Introduction. 45 I. Extracontinental Migration through Mexico: Lived Experiences in 2015 and 2019. 49 II. Trump Administration Changes Impacting ExtraContinental Asylum-Seekers, Continuing Under the Biden Administration. 53 A. United States. 53 B. Mexico. 56 1. Mexican National Guard and Increased Detention. 56 2. Pre-June 2019... |
2023 |
| Paula C. Johnson |
The Social Construction of Identity in Criminal Cases: Cinema Verite and the Pedagogy of Vincent Chin |
1 Michigan Journal of Race and Law 347 (Summer 1996) |
INTRODUCTION. 348 I. The Enigma of Race. 355 A. Theories of Racial Identity. 355 1. Biological Race. 355 2. Socially Constructed Race. 358 B. Constructions of Asian Americans. 359 1. Historical Constructions of Asian Identities. 359 a. Constructions of Early Chinese Immigrants. 362 b. Constructions of Early Japanese Immigrants. 371 c. Chinese and... |
1996 |
| Raquel Muñiz , Maria Lewis , Grace Cavanaugh , Melissa Woolsey |
THE SOCIAL CONTEXT OF THE LAW: A CRITICAL ANALYSIS OF RELIANCE INTERESTS IN THE DEPARTMENT OF HOMELAND SECURITY v. REGENTS OF THE UNIVERSITY OF CALIFORNIA |
95 Southern California Law Review 857 (April, 2022) |
In 2020, the U.S. Supreme Court ruled on the Department of Homeland Security v. Regents of the University of California case. The case concerned the rescission of the Deferred Action for Childhood Arrivals (DACA) policy, an issue that sparked the interest of a wide range of amicus curiae, including those in support of the policy. Using Critical... |
2022 |
| Lauren Hodges |
THE STATE OF DISABILITY-BASED ASYLUM CLAIMS UNDER CURRENT (AND REINTERPRETED) LAW: ASSESSING VIABILITY THROUGH DISABILITY STUDIES FRAMEWORKS |
37 Georgetown Immigration Law Journal 291 (Winter, 2023) |
Throughout history, societies all over the world--including the United States--have viewed persons with disabilities a group, and often, subjected that group to discrimination, marginalization, and outright violence. Disabled individuals may find protection from these injustices in the United States, and in some cases, existing U.S. asylum law can... |
2023 |
| Rick Su |
The States of Immigration |
54 William and Mary Law Review 1339 (March, 2013) |
Immigration is a national issue and a federal responsibility. So why are states so actively involved? Their legal authority over immigration is questionable. Their institutional capacity to regulate it is limited. Even the legal actions that states take sometimes seem pointless from a regulatory perspective. Why do they enact legislation that... |
2013 |
| Yujin Yi |
The Status Quo of Racial Discrimination in Japan and the Republic of Korea and the Need to Provide for Anti-discrimination Laws |
7 Columbia Journal of Race and Law 410 (2017) |
Japan and the Republic of Korea, two neighboring nations situated in East Asia, have homogenous demographics. Both societies face large influxes of foreigners--from immigration and tourism alike--due to various factors ranging from rapidly aging populations, low birth rates, and globalization. Despite this, neither country has sufficient legal... |
2017 |
| Mae M. Ngai |
The Strange Career of the Illegal Alien: Immigration Restriction and Deportation Policy in the United States, 1921-1965 |
21 Law and History Review 69 (Spring, 2003) |
In January 1930 officials of the Bureau of Immigration testified about the Border Patrol before a closed session of the House Immigration Committee. Henry Hull, the commissioner general of immigration, explained that the Border Patrol did not operate on the border line but as far as one hundred miles back of the line. The Border Patrol, he... |
2003 |
| Jonathan H. Wardle |
The Strategic Use of Mexico to Restrict South American Access to the Diversity Visa Lottery |
58 Vanderbilt Law Review 1963 (November 1, 2005) |
I. Introduction. 1963 II. Setting the Stage. 1966 A. A Brief History. 1966 B. Policies and Principles. 1969 C. The Immigration Act of 1990. 1972 III. Enactment of the Diversity Visa Lottery. 1973 A. Background. 1974 B. In the Senate. 1974 C. In the House. 1976 1. Committee Hearings. 1977 2. Evolution of H.R. 4300. 1981 D. From Bill to Law. 1984 IV.... |
2005 |
| Kevin R. Johnson |
The Struggle for Civil Rights: the Need For, and Impediments To, Political Coalitions among and Within Minority Groups |
63 Louisiana Law Review 759 (Spring, 2003) |
The ominous title of this conference-Is Civil Rights Law Dead?-is in no small part a sign of the times. The last few years have seen dire setbacks in civil rights law, including but not limited to attacks on affirmative action, passage of restrictionist immigration legislation and welfare reform, imposition of limits on civil rights litigation,... |
2003 |