| Author | Title | Citation | Summary | Year |
| 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 |
| Mary Sarah Bilder |
The Struggle over Immigration: Indentured Servants, Slaves, and Articles of Commerce |
61 Missouri Law Review 743 (Fall 1996) |
A long time ago, but not too long ago, Ships came from across the sea Bringing Pilgrims and prayer-makers, Adventurers and booty seekers, Free men and indentured servants, Slave men and slave masters, all new-- To a new world, America! --Langston Hughes C1-3Table of Contents I. Introduction. 745 II. Immigrants as Indentured Servants. 751 III.... |
1996 |
| Patrick J. Charles |
The Sudden Embrace of Executive Discretion in Immigration Law |
55 Washburn Law Journal 59 (Fall 2015) |
In recent years, immigration law scholars known for criticizing federal plenary power over immigration are openly embracing it. This includes Professor Hiroshi Motomura, who has not only defended executive disrection over immigration enforcement under a myriad of legal theories, but was also instrumental in influencing President Barack H. Obama's... |
2015 |
| Caroline Mala Corbin |
The Supreme Court's Facilitation of White Christian Nationalism |
71 Alabama Law Review 833 (2020) |
Introduction. 835 I. Jager v. Douglas County School District. 837 II. The Promotion of Christian Nationalism. 840 A. Christian Nationalism Explained. 841 B. Government-Sponsored Christianity and Christian Nationalism. 846 III. End Government-Sponsored Christianity. 858 Conclusion. 865 |
2020 |
| Ana Clavijo |
THE SYSTEMIC DISCRIMINATION AND MISINTERPRETATION OF MENTAL DISORDERS AND THEIR CONTINUING EFFECTS ON IMMIGRATION STATUS |
19 Journal of Health & Biomedical Law 306 (2023) |
Eighty-seven percent of American adults believe that mental health disorders [are] nothing to be ashamed of. Even so, archaic statutory mental health exclusions are still very much alive within the U.S. immigration system. The Immigration and Nationality Act (INA), one of the primary sources of immigration law, lists numerous grounds of... |
2023 |
| Francine J. Lipman |
The Taxation of Undocumented Immigrants: Separate, Unequal, and Without Representation |
9 Harvard Latino Law Review Rev. 1 (Spring, 2006) |
Many Americans believe that undocumented immigrants are exploiting the United States economy. The widespread belief is that illegal aliens cost more in government services than they contribute to the economy. This belief is demonstrably false. [E]very empirical study of illegals' economic impact demonstrates the opposite .: undocumenteds... |
2006 |
| Asees Bhasin |
THE TELEHEALTH "REVOLUTION" & HOW IT FAILS TO TRANSFORM CARE FOR UNDOCUMENTED IMMIGRANTS |
24 North Carolina Journal of Law & Technology 1 (October, 2022) |
The outbreak of COVID-19 led to the rapid adoption and expansion of telehealth services. Upon understanding telehealth's potential to reach under served populations, people began referring to this method of health care delivery as revolutionary. This reputation stuck, even though it quickly became obvious that telehealth utilization was more... |
2022 |
| Kathleen Kim |
The Thirteenth Amendment and Human Trafficking: Lessons & Limitations |
36 Georgia State University Law Review 1005 (Summer, 2020) |
Understanding the significance of the Thirteenth Amendment for current antihuman trafficking policies and efforts requires scrutiny of the white supremacist roots that forced the chattel slavery of Africans in the United States. Passage of the Thirteenth Amendment in 1865 federalized the abolition of slavery and involuntary servitude and promised a... |
2020 |
| Cynthia Lee |
The Trans Panic Defense Revisited |
57 American Criminal Law Review 1411 (Fall, 2020) |
Violence against transgender individuals in general, and trans women of color in particular, is a significant problem in the United States today. When a man is charged with murdering a transgender woman, a common defense strategy is to assert what is called the trans panic defense. The trans panic defense is not a traditional criminal law defense.... |
2020 |
| Jennifer M. Chacón |
The Transformation of Immigration Federalism |
21 William & Mary Bill of Rights Journal 577 (December, 2012) |
CHIEF JUSTICE ROBERTS: Before you get into what the case is about, I'd like to clear up at the outset what it's not about. No part of your argument has to do with racial or ethnic profiling, does it? I saw none of that in your brief. GENERAL VERRILLI: Where-that's correct, Mr. Chief Justice. CHIEF JUSTICE ROBERTS: Okay. So this is not a case about... |
2012 |
| Peter H. Schuck |
The Transformation of Immigration Law |
84 Columbia Law Review Rev. 1 (January, 1984) |
Immigration has long been a maverick, a wild card, in our public law. Probably no other area of American law has been so radically insulated and divergent from those fundamental norms of constitutional right, administrative procedure, and judicial role that animate the rest of our legal system. In a legal firmament transformed by revolutions in due... |
1984 |
| John Ip |
The Travel Ban, Judicial Deference, and the Legacy of Korematsu |
63 Howard Law Journal 153 (Winter, 2020) |
One week into the start of his administration, President Donald Trump issued an executive order that would become known as the travel ban. This executive order, and the two others that would eventually succeed it, suspended the entry into the United States of nationals from specified Muslim-majority countries. Legal challenges were brought against... |
2020 |
| Juan C. Quevedo |
The Troubling Case(s) of Noncitizens: Immigration Enforcement Through the Criminal Justice System and the Effect on Families |
10 Tennessee Journal of Law and Policy 386 (Spring, 2015) |
Close your eyes and imagine yourself a homeless mother, moving from one place to another every six months. Imagine how you would feel, alone with no friends or family to ask for help. You-in this imaginary world-are undocumented to people, and no matter how much you try, no one is reaching out to help you. Instead, your first name becomes... |
2015 |
| Mila Sohoni |
The Trump Administration and the Law of the Lochner Era |
107 Georgetown Law Journal 1323 (May, 2019) |
During the Lochner era, the Supreme Court shielded liberty of contract and property rights; it privileged private ordering and restrained the reach of government regulation; and it embraced robust conceptions of national sovereignty with respect to immigration and trade. Though Lochner itself remains an anti-canonical case, many of the conceptions... |
2019 |
| Rose Cuison Villazor , Kevin R. Johnson |
The Trump Administration and the War on Immigration Diversity |
54 Wake Forest Law Review 575 (Spring, 2019) |
As candidate and President, Donald Trump has unabashedly expressed his disdain for immigrants of color and demonstrated an unmistakable commitment to restrict their immigration to the United States. Contemptuous words about immigrants translated into concrete policies designed to restrict the number of immigrants entering and remaining in the... |
2019 |
| Michele Goodwin , Erwin Chemerinsky |
THE TRUMP ADMINISTRATION: IMMIGRATION, RACISM, AND COVID-19 |
169 University of Pennsylvania Law Review 313 (January, 2021) |
Two of the most important issues defining the Trump Administration were the President's response to the COVID-19 pandemic and the Administration's dealing with immigration issues. These have been regarded, in the popular press and in the scholarly literature, as unrelated. But there is a key common feature in the Trump Administration's response:... |
2021 |
| Allegra M. McLeod |
The U.s. Criminal-immigration Convergence and its Possible Undoing |
49 American Criminal Law Review 105 (Winter, 2012) |
The intensifying convergence of U.S. criminal law and immigration law poses fundamental structural problems. This convergence--which manifests in the criminal prosecution of immigration law violators, in deportation of criminal law violators, and in a growing immigration enforcement and detention apparatus--distorts criminal law incentives and... |
2012 |
| Alexandra M. Ashbrook |
The Unauthorized Practice of Law in Immigration: Examining the Propriety of Non-lawyer Representation |
5 Georgetown Journal of Legal Ethics 237 (Summer, 1991) |
I. Introduction II. The Immigration and Nationality Act's Provisions for Non-Lawyer Practice III. Examining the Legitimacy of Unauthorized Practice of Law Prohibitions in the Immigration Field A. Protection of the Public from Harm 1. An Overview of Unauthorized Practice of Law Restrictions 2. The Public's Demand for Increased Accessibility to Legal... |
1991 |
| Michael H. LeRoy |
The Unborn Citizen |
108 Georgetown Law Journal Online 118 (2020) |
In May of 2019, the Governor of Alabama signed House Bill 314 into law. The statue, entitled the Alabama Human Life Protection Act (the Act), makes abortion and attempted abortion felony offenses, except in cases in which the mother is at risk of serious health complications. This Article does not address the constitutional validity of the Act.... |
2020 |
| Rigoberto Ledesma |
The Unconstitutional Application of Apprehension and Detention Laws: Section 236(c) of the Immigration and Nationality Act |
19 Scholar: St. Mary's Law Review on Race and Social Justice 361 (2017) |
It was an era before United States commitment to international human rights; before enlightenment in and out of the United States brought an end both to official racial discrimination at home and to national-origins immigration law; before important freedoms were recognized as preferred, inviting strict scrutiny if they were invaded and requiring... |
2017 |
| Iris Bennett |
The Unconstitutionality of Nonuniform Immigration Consequences of "Aggravated Felony" Convictions |
74 New York University Law Review 1696 (December, 1999) |
In this Note, Iris Bennett analyzes the aggravated felony provision of the Immigration and Nationality Act, which requires the deportation of noncitizens convicted of a number of crimes under federal or state law. Bennett discusses the implications of the provision in light of the Constitution's Naturalization Clause, which requires a uniform... |
1999 |