AuthorTitleCitationSummaryYear
Abbey C. Furlong Cultural Integration in the European Union: a Comparative Analysis of the Immigration Policies of France and Spain 19 Transnational Law & Contemporary Problems 681 (Spring 2010) I. Introduction. 681 II. History of the Existing Immigration Policies of France and Spain. 682 A. France. 682 B. Spain. 684 III. Framing the Issue: Recent Immigration to the Eurpoean Union and Its Effect on the Immigration Policy Debate. 687 IV. Heightened Racial and Political Tension. 689 A. 2005 Paris Race Riots. 689 B. Violence in El Ejido. 691... 2010
Pilar Menor , Partner, DLA Piper Current Practices and Upcoming Changes for Immigration Law in Spain 2010 Aspatore 271731 (January, 2010) When considering the economic and political factors that influence trends in immigration law, it is important to understand that the Spanish immigration regulations that are applicable to European Union (EU) citizens vary substantially from those applicable to non-EU citizens. Regarding the legal framework applicable to non-EU foreigners, the main... 2010
Anthony V. Alfieri Discovering Identity in Civil Procedure 83 Southern California Law Review 453 (March, 2010) Speak up, baby.--Reverend Dorothy WashingtonCoconut Grove Ministerial Alliance Meeting This Review explores the story of Floride Norelus--an undocumented Haitian immigrant--her civil rights lawyers, and the judges who did not believe them. The backdrop for Norelus's story comes out of Ariela J. Gross's new book, What Blood Won't Tell: A History... 2010
Samuel L. Johnson Eagle Versus Phoenix: a Tale of Federalism 7 South Carolina Journal of International Law & Business 109 (Fall, 2010) On July 28, 2010, the battle between the federal government and Arizona over immigration enforcement finally came to a head, albeit a temporary one, when United States District Court Judge Susan R. Bolton issued an order granting in part and denying in part the United States' Motion for Preliminary Injunction, thereby enjoining Arizona from... 2010
Reyna Ramolete Hayashi Empowering Domestic Workers Through Law and Organizing Initiatives 9 Seattle Journal for Social Justice 487 (Fall/Winter, 2010) We are subjected to emotional and physical exploitation from which we cannot easily free ourselves because of the need to work and support our families in our home countries. For some of us, being immigrants--this makes our situation worse, because the employers take advantage of this situation, increasing our work hours, many times reaching 24... 2010
David B. Thronson Entering the Mainstream: Making Children Matter in Immigration Law 38 Fordham Urban Law Journal 393 (November, 2010) Myths that parents are afforded easy and unwarranted pathways to U.S. citizenship through their U.S. citizen children and that children receive privileged treatment in U.S. immigration law stubbornly persist in public discussion surrounding possible immigration reform. Testing these myths, this essay examines immigration law's treatment of children... 2010
Shelly Chandra Patel E-verify: an Exceptionalist System Embedded in the Immigration Reform Battle Between Federal and State Governments 30 Boston College Third World Law Journal 453 (Spring, 2010) Abstract: The immigration debate has proven to be fertile ground for promoting exceptionalist practices, where certain groups of people are isolated from the rest of the population and regarded as a subclass. The federal electronic employment verification system, E-Verify, is a prime example of such a practice. Passed under the Procurement Act, the... 2010
Naomi Barrowclough E-verify: Long-awaited 'Magic Bullet' or Weak Attempt to Substitute Technology for Comprehensive Reform? 62 Rutgers Law Review 791 (Spring 2010) The subject of immigration reform was notably absent from the 2008 presidential campaign. Neither John McCain nor Barack Obama, who incidentally take similar positions on immigration, made immigration a focal point, or even a supporting feature, of their respective platforms. Notwithstanding the lack of attention given to what many term... 2010
Darcy M. Pottle Federal Employer Sanctions as Immigration Federalism 16 Michigan Journal of Race and Law 99 (Fall 2010) Introduction. 990 I. IRCA's Employer Sanctions: From Punishment to Decentralization of Power. 105 A. A Brief History of IRCA's Employer Sanctions. 105 B. Employers as Private Immigration Screeners. 112 1. The I-9 Process. 114 2. E-Verify: An Attempt to Salvage Work Authorization Verification. 116 II. Federal Exclusivity in Immigration Enforcement.... 2010
Steven T. Taylor Firms in Phoenix Bank on Bankruptcy, Litigation as Economic Rebound Creeps along 29 No. 9 Of Counsel Counsel 5 (September, 2010) Arizona's known for its bright sun and warm weather, desert landscape, retirement communities, baseball's spring training, the Grand Canyon, and, recently, for illegal immigration, legal battles, racial profiling, and tourism boycotts--sadly. One thing that may not immediately come to mind when considering the Valley of the Sun is its legal market,... 2010
Nicholas D. Michaud From 287(g) to Sb 1070: the Decline of the Federal Immigration Partnership and the Rise of State-level Immigration Enforcement 52 Arizona Law Review 1083 (Winter 2010) In July 2009, the Department of Homeland Security (DHS) dramatically altered the notorious 287(g) program, a program that cultivates partnerships between Immigration and Customs Enforcement and local law enforcement. Billed as an effort to standardize immigration enforcement while focusing efforts upon priority aliens, the policy shift instead... 2010
Renee C. Redman From Importation of Slaves to Migration of Laborers: the Struggle to Outlaw American Participation in the Chinese Coolie Trade and the Seeds of United States Immigration Law 3 Albany Government Law Review Rev. 1 (2010) I. The Chinese Coolie Trade--Briefly. 6 A. Recruitment of Chinese Coolies. 8 II. The Coolie Trade Prohibition Act. 13 A. Presidential Messages. 16 1. 1856 Presidential Report to Congress. 17 2. 1860 Bill. 28 B. 1860 Presidential Message. 38 C. 1861 Presidential Message. 43 D. 1862 Bill Introduced by Eliot. 47 III. The Legacy of the Coolie Trade... 2010
Sarah Bienkowski Has France Taken Assimilation Too Far? Muslim Beliefs, French National Values, and the June 27, 2008 Conseil D'état Decision on Mme M. 11 Rutgers Journal of Law & Religion 437 (Spring, 2010) When people immigrate to a new country, they bring with them a variety of defining characteristics such as different languages, traditions, social norms, and religions that make up their respective identities. Some countries adopt a multiculturalist approach whereby the qualities that immigrants bring are embraced; however, other countries favoring... 2010
Anna C. Tavis Healthcare for All: Ensuring States Comply with the Equal Protection Rights of Legal Immigrants 51 Boston College Law Review 1627 (November, 2010) Abstract: Noncitizens lawfully residing in the United States are considered a discrete and insular minority in equal protection jurisprudence. Foreclosed from meaningful political participation because of an inability to vote, this population is frequently the target of budget cuts in an economic downturn when legislators struggle to preserve... 2010
Kevin R. Johnson How Racial Profiling in America Became the Law of the Land: United States V. Brignoni-ponce and Whren V. United States and the Need for Truly Rebellious Lawyering 98 Georgetown Law Journal 1005 (April, 2010) C1-3Table of Contents L1-2Introduction L31006 I. United States v. Brignoni-Ponce: Mexican Appearance [May Be] a Relevant Factor in Making an Immigration Stop. 1009 a. the historical backdrop. 1009 b. the stop. 1012 c. the district court. 1012 d. the court of appeals. 1014 e. the supreme court. 1015 1. The Briefs. 1016 2. Oral Argument. 1019 3.... 2010
Ryszard Cholewinski Human Rights of Migrants: the Dawn of a New Era? 24 Georgetown Immigration Law Journal 585 (Summer, 2010) At the beginning of the 21 century, lawyers and activists concerned with the treatment of migrants in various parts of the world had good reason for concern. While international human rights law in principle applies to all persons regardless of nationality and immigration status, the core human rights instrument devoting specific attention to the... 2010
Randall G. Shelley, Jr. If You Want Something Done Right . . . : Chicanos Por La Causa V. Napolitano and the Return of Federalism to Immigration Law 43 Akron Law Review 603 (2010) The Immigration Reform and Control Act of 1986, the lynchpin of federal regulation of illegal immigration, has failed, and as a result, the State of Arizona has taken action on its own. This action flies in the face of conventional thought about the role of states in regulating immigration, not to mention the Constitutional directive that... 2010
Kristina M. Campbell Imagining a More Humane Immigration Policy in the Age of Obama: the Use of Plenary Power to Halt the State Balkanization of Immigration Regulation 29 Saint Louis University Public Law Review 415 (2010) The first decade of the twenty-first century has been grim for immigrants to the United States--both legal and undocumented--and the lawyers and advocates who work on their behalf. Following the failure of comprehensive immigration reform at the federal level, states and municipalities have seen fit to take matters into their own hands and pass a... 2010
Richardson LaBruce Immigrant Teachers in High-minority Schools: Using Immigration Law to Bypass Strict Scrutiny & the Colorblind Constitutionalism of Parents Involved 79 Mississippi Law Journal 1073 (Summer, 2010) We are just students trying to become lawyers, doctors, congressmen like yourself and one day president, so we can make a change to not just the state of South Carolina but also the world. We are not quitters. Nestled amongst the golden tobacco fields of Dillon, South Carolina is J.V. Martin Junior High school. This hodgepodge of decrepit,... 2010
Catherine Norris Immigration and Abduction: the Relevance of U.s. Immigration Status to Defenses under the Hague Convention on International Child Abduction 98 California Law Review 159 (February, 2010) In our increasingly mobile world, family relationships and problems often span national borders. These transborder entanglements pose challenges both for individuals and legal regimes. In the late 1970s, as a result of growing awareness of the phenomenon of child abduction by a parent, nations sought to address this issue through the creation of... 2010
Cristina M. Rodríguez Immigration and the Civil Rights Agenda 6 Stanford Journal of Civil Rights & Civil Liberties 125 (April, 2010) I. Introduction. 125 II. The Civil Rights Paradigm. 127 A. Civil Rights as Incorporation. 128 B. Incorporation as Out of Reach. 130 III. The Mutual Benefit and Rule of Law Alternatives. 132 A. Mutual Benefit and Pragmatism. 132 B. The Rule of Law and Proportionality. 135 IV. Conclusion. 145 2010
Matthew J. Lindsay Immigration as Invasion: Sovereignty, Security, and the Origins of the Federal Immigration Power 45 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (Winter 2010) This Article offers a new interpretation of the modern federal immigration power. At the end of the nineteenth century, the Supreme Court and Congress fundamentally transformed the federal government's authority to regulate immigration, from a species of commercial regulation firmly grounded in Congress's commerce authority, into a power that was... 2010
Rick Su Immigration as Urban Policy 38 Fordham Urban Law Journal 363 (November, 2010) Immigration has done more to shape the physical and social landscape of many of America's largest cities than almost any other economic or cultural force. Indeed, immigration is so central to urban development in the United States that it is a wonder why immigration is not explicitly discussed as an aspect of urban policy. Yet in the national... 2010
G.M. Filisko Immigration Rx 96-JUL ABA Journal 64 (July, 2010) THE QUEStion of how to revamp U.S. immigration policy hasn't quite moved to the top of the agenda on Capitol Hill, but when the talk about immigration reform does get serious, the ABA plans to be part of the conversation. Actually, the ABA already has taken steps to carve out policy positions on certain immigration issues, and the association is... 2010
Rachel Zoghlin Insecure Communities: How Increased Localization of Immigration Enforcement under President Obama Through the Secure Communities Program Makes Us less Safe, and May Violate the Constitution 6 Modern American 20 (Fall, 2010) An undocumented immigrant who lives in Maryland was recently stopped by the police while walking to the Hyattsville Metro Station to go to work. Short, darkskinned and Latino, with long, black hair, the police told him that he resembled someone suspected of mugging an old woman a few blocks away. The police questioned him about his whereabouts... 2010
John J. Ammann Introduction 29 Saint Louis University Public Law Review 369 (2010) The Hazleton, Pennsylvania, City Council. The Arizona Legislature. The Valley Park, Missouri, Board of Aldermen. The Congress of the United States. When it comes to regulation of immigration, the first three legislative bodies have been more active in the last few years than the fourth, even though there is a strong argument to be made that... 2010
L. Darnell Weeden It Is Discriminatory for Arizona or Society to Engage in the Anti-immigration Practice of Profiling Hispanics for Speaking Spanish 12 Loyola Journal of Public Interest Law 109 (Fall 2010) This article addresses whether it is a discriminatory practice for Arizona or society to engage in the practice of profiling Hispanics for speaking Spanish. It first looks at whether the United States Constitution allows Arizona to implement an anti-immigration law, S.B. 1070, that creates a presumption that speaking Spanish by a person Hispanic in... 2010
Kevin R. Johnson It's the Economy, Stupid: the Hijacking of the Debate over Immigration Reform by Monsters, Ghosts, and Goblins (Or the War on Drugs, War on Terror, Narcoterrorists, Etc.) 13 Chapman Law Review 583 (Spring 2010) The title to this conference -- Drug War Madness: Policies, Borders, and Corruption--brings to mind many images, few of them positive. Although Mexico is not mentioned in the conference title, much of the live symposium at which this paper was originally presented discussed drug war madness in connection with the United States and Mexico. My... 2010
Kimberly A. Arkin, Boston University Judging Mohammed: Juvenile Delinquency, Immigration, and Exclusion at the Paris Palace of Justice Susan Terrio (Stanford, Ca: Stanford University Press, 2009) 33 PoLAR: Political and Legal Anthropology Review 158 (May, 2010) Susan Terrio begins Judging Mohammed: Juvenile Delinquency, Immigration, and Exclusion at the Paris Palace of Justice with a puzzle: why does the anxious French public engage in a discourse about a new form of delinquency among minority youth (a delinquency of exclusion) when overall crime rates are actually declining? This question situates... 2010
Rick Su Local Fragmentation as Immigration Regulation 47 Houston Law Review 367 (Spring 2010) I. Introduction. 368 II. The Intersection of Immigration and Local Government Law. 371 A. Space, Immigration, and the Internalization of Boundary Controls. 373 1. The Multiple Significance of Spatial Fragmentation. 373 2. The Joint Construction of Spatial Fragmentation. 378 3. The Shared History of Spatial Fragmentation. 383 B. Community,... 2010
Mimi E. Tsankov , Christina J. Martin Measured Enforcement: a Policy Shift in the Ice 287(g) Program 31 University of La Verne Law Review 403 (May, 2010) On any given Tuesday, Thursday, and Saturday morning, representatives of the Esperanza Immigrant Rights Project of Catholic Charities of Los Angeles, Inc. (hereinafter Esperanza) convene inmates at the Los Angeles County Men's Central Jail (MCJ) to participate in a legal rights presentation. This presentation guides foreign-born males at MCJ... 2010
Ingrid V. Eagly Most RelevantProsecuting Immigration 104 Northwestern University Law Review 1281 (Fall 2010) Introduction. 1281 I. The Conventional View of Immigration and Criminal Law. 1291 A. Doctrinal Equality. 1291 B. Institutional Autonomy. 1294 II. The Practice of Prosecuting Immigration. 1300 A. Procedure. 1304 B. Structure. 1320 III. The Structural Implications of Immigration Enforcement. 1337 A. Immigration Enforcement, Incentives, and Equality.... 2010
  Panel Two: Should There Be Remote Public Access to Court Filings in Immigration Cases? 79 Fordham Law Review 25 (October, 2010) JUDGE HINKLE: This next panel is a more specific application of some of the general principles that were addressed in the panel that we just finished. When CACM was first developing the privacy policies that led later to the adoption of the rules that we are operating under, Social Security cases were cut out for different treatment than all other... 2010
Augustina Reyes Post Katrina Children: the Education of Immigrant Children in New Orleans 11 Loyola Journal of Public Interest Law 249 (Spring 2010) The first thing we want to do after a disaster is to get that yellow school bus running in the community picking up kids for school. Schools may not be ready to start serious instruction but the yellow school bus is a symbol that following a disaster, life is returning to normalcy. Schools are an American institution that profoundly touch the lives... 2010
Mark S. Grube Preemption of Local Regulations Beyond Lozano V. City of Hazleton: Reconciling Local Enforcement with Federal Immigration Policy 95 Cornell Law Review 391 (January, 2010) Introduction. 392 I. Immigration Regulation at the Federal and Local Levels. 396 A. The Nineteenth Century. 396 B. Modern Immigration Legislation. 397 C. Recent Municipal Ordinances. 398 II. Challenges to Local Employer-Sanctions Laws. 400 A. De Canas and Categories of Preemption. 400 B. Express Preemption. 402 C. Field Preemption. 405 D. Conflict... 2010
Maria Marulanda Preemption, Patchwork Immigration Laws, and the Potential for Brown Sundown Towns 79 Fordham Law Review 321 (October, 2010) The raging debate about comprehensive immigration reform is ripe ground to overhaul federal exclusivity in the immigration context and move toward a cooperative federal and state-local model. The proliferation of immigration-related ordinances at the state and local level reflects lawful attempts to enforce immigration law to conserve limited... 2010
Geoffrey Heeren Pulling Teeth: the State of Mandatory Immigration Detention 45 Harvard Civil Rights-Civil Liberties Law Review 601 (Summer 2010) During the three years that Mohammad Azam Hussain was in the custody of the Department of Homeland Security (DHS), he lost three teeth. The dentist who pulled those teeth suggested that Hussain would keep losing teeth until he received periodontal surgery. Hussain had developed gum disease while in DHS custody--a condition he blamed on poor... 2010
George A. Martinez Race, American Law and the State of Nature 112 West Virginia Law Review 799 (Spring, 2010) L1-2Abstract L3799 I. Introduction. 800 II. State of Nature Theory: Hobbes and Spinoza. 802 A. Hobbes. 803 B. Spinoza. 805 III. Racial Minorities in the State of Nature. 806 A. African-Americans and the State of Nature. 806 B. Native Americans and the State of Nature. 811 C. Mexican-Americans and Lack of Constraint. 815 D. Immigration and Plenary... 2010
Liav Orgad , Theodore Ruthizer Race, Religion and Nationality in Immigration Selection: 120 Years after the Chinese Exclusion Case 26 Constitutional Commentary 237 (Spring 2010) 120 years ago, in May 1889, the U.S. Supreme Court ruled that the power of exclusion of foreigners being an incident of sovereignty . . . cannot be granted away or restrained. Sixty years later, in January 1950, at the height of the Cold War, the U.S. Supreme Court reaffirmed the plenary power doctrine by holding that it is not within the... 2010
James E. Pfander , Theresa R. Wardon Reclaiming the Immigration Constitution of the Early Republic: Prospectivity, Uniformity, and Transparency 96 Virginia Law Review 359 (April, 2010) I. Prelude: Immigration Policy in North America Before 1787. 371 II. Framing the Constitution's Naturalization Clause. 385 III. Naturalization Policy in the Early Republic. 393 A. The Naturalization Act of 1790 and the Refusal of Congress to Proceed by Private Bill. 393 B. Early Congressional Adherence to the Norm of Prospectivity. 403 C. The Scope... 2010
Emily B. Kanstroom Sans-papiers, sans Recourse? Challenging Recent Immigration Laws in France 33 Boston College International and Comparative Law Review 87 (Winter, 2010) Abstract: The 1789 Declaration of the Rights of Man and of the Citizen established natural and inalienable rights not only for French citizens but also for all of humanity. This historic commitment to fundamental rights and liberties notwithstanding, immigrants without legal documents living in France (sans-papiers) often do not benefit from some... 2010
Ashley Arcidiacono Silencing the Voices of Battered Women: How Arizona's New Anti-immigration Law "Sb1070" Prevents Undocumented Women from Seeking Relief under the Violence Against Women Act 47 California Western Law Review 173 (Fall 2010) Claudia flinches as she touches the side of her face where her husband just slapped her. She hadn't properly greeted him when he came home from a long day of work. It seems she never greets him properly; sometimes, he is mad when she doesn't act excited enough, and other times, he wants her out of his way. He is so unpredictable. But what is... 2010
Gloria Valencia-Weber, Antoinette Sedillo Lopez Stories in Mexico and the United States about the Border: the Rhetoric and the Realities 5 Intercultural Human Rights Law Review 241 (2010) Immigration was a hot topic before the failure of the June 2007 United States (U.S.) President's Immigration Reform Bill and remains so today. President Obama has promised to work on comprehensive immigration reform. This initiative will, of course, involve popular discourse and press coverage. During the time in which the 2007 Immigration Reform... 2010
Karla Mari McKanders Sustaining Tiered Personhood: Jim Crow and Anti-immigrant Laws 26 Harvard Journal on Racial & Ethnic Justice 163 (Spring 2010) Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal immigration law. State and local legislatures are responding by passing their own laws targeting immigrants. While many... 2010
Bill Ong Hing Teaching Immigration Law and Immigrant Rights from Your Own Caseload 54 Saint Louis University Law Journal 877 (Spring 2010) The case began about two months earlier. Do you have time to come to our next staff meeting to go over the preference system and grounds of deportation? I was on the phone with Vera Haile, a counselor and paralegal at the International Institute. Vera was a veteran counselor at the institute, working with foreign students on English language... 2010
Jennifer M. Chacón Tensions and Trade-offs: Protecting Trafficking Victims in the Era of Immigration Enforcement 158 University of Pennsylvania Law Review 1609 (May, 2010) Introduction. 1609 I. Framing Antitrafficking Policy Within the Discourse of Migrant Criminality. 1617 A. Trafficking as an Immigration Crime. 1618 B. Victim Vulnerability and the Myth of Migrant Criminality. 1628 II. Antitrafficking Enforcement and the Criminalization of Migration. 1636 A. Border Control Policy as Antitrafficking Policy. 1637 B.... 2010
Francesca Strumia Tensions at the Borders in the U.s. and the E.u.: the Quest for State Distinctiveness and Immigrant Inclusion 25 American University International Law Review 969 (2010) INTRODUCTION. 970 I. STATE DISTINCTIVENESS VS. IMMIGRANTS' INCLUSION: THE ROLE OF INTERNAL BORDERS. 975 A. Distinctiveness vs. Inclusion in the Chen Case. 975 B. The Role of Internal Borders. 980 Table 1 Internal Borders Classification. 983 II. A MAP OF U.S. AND E.U. INTERNAL BORDERS. 983 A. Admission and Treatment of Immigrants. 984 1. Admission... 2010
Lucy Panza The (Un)holy Trinity: Unconscionable Contracts Between Latinas and the Family, Religion, and the State 2 Georgetown Journal of Law & Modern Critical Race Perspectives 299 (Fall, 2010) Cecilia is a 44-year old Mexican immigrant living in the Adams Morgan neighborhood of the District of Columbia. She entered the United States illegally with her husband, Ernesto, in 2001 while she was pregnant with her first son, Antonio. He was born shortly after they settled in D.C. Ever since she and Ernesto arrived, Cecilia has been working... 2010
Margaret McEntire The Constriction of Rights: a Property Law Approach to City-based Immigration Initiatives That Place Rental Bans on City Ballots 12 Scholar: St. Mary's Law Review on Minority Issues 291 (Winter 2010) I. Introduction. 292 II. Background. 295 A. Genesis and Evolution of Rental Ban Ordinances. 295 B. Conflict of Laws. 296 C. Rental Ban Layout. 297 1. Prohibitions and Requirements for Property Owners. 297 2. Punitive Measures for Violators. 298 3. Harboring Leads to Prosecution. 299 D. Parallel Ordinances and the Alleged Reasoning Behind Their... 2010
T.S. Twibell The Development of Gender as a Basis for Asylum in United States Immigration Law and under the United Nations Refugee Convention: Case Studies of Female Asylum Seekers from Cameroon, Eritrea, Iraq and Somalia 24 Georgetown Immigration Law Journal 189 (Winter, 2010) Enhancing understanding of and sensitivity to gender-related issues will improve U.S. asylum adjudications . it is important that United States asylum adjudicators understand those complexities and give proper consideration to gender-related claims. Legacy INS Policy Memorandum Regarding Adjudicating Asylum Cases on the Basis of Gender, United... 2010
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