| Author | Title | Citation | Summary | Year |
| 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 |
| Lucas Guttentag |
Immigration Reform: a Civil Rights Issue |
3 Stanford Journal of Civil Rights & Civil Liberties 157 (August, 2007) |
Introduction. 157 The Civil Rights Perspective. 158 Legalization and Judicial Review. 161 Conclusion. 163 |
2007 |
| Michael A. Olivas |
Immigration-related State and Local Ordinances: Preemption, Prejudice, and the Proper Role for Enforcement |
2007 University of Chicago Legal Forum 27 (2007) |
In a forum a dozen years ago on preemption issues and the proper balance between national immigration obligations and the role to be accorded states in immigration enforcement, I disagreed with those persons, such as Professor Peter J. Spiro, who saw the failure of federal enforcement as an opening for more robust state assumption of the needed... |
2007 |
| Muneer I. Ahmad |
Interpreting Communities: Lawyering Across Language Difference |
54 UCLA Law Review 999 (June, 2007) |
As the rapid growth of immigrant communities in recent years transforms the demography of the United States, language diversity is emerging as a critical feature of this transformation. Poor and low-wage workers and their families in the aggressively globalized U.S. economy increasingly are Limited English Proficient, renewing longstanding debates... |
2007 |
| Steven W. Bender |
Introduction: Old Hate in New Bottles: Privatizing, Localizing, and Bundling Anti-spanish and Anti-immigrant Sentiment in the 21st Century |
7 Nevada Law Journal 883 (Summer 2007) |
Anti-Spanish and anti-immigrant sentiment is nothing new in the U.S. As Lupe Salinas documents in his symposium contribution, these sentiments date back to the 1900s and earlier, and they include language regulation that targeted German and other eastern and southern European immigrants. During the 1980s, resurgent xenophobia against Latina/o and... |
2007 |
| Raquel E. Aldana |
Introduction: the Subordination and Anti-subordination Story of the U.s. Immigrant Experience in the 21st Century |
7 Nevada Law Journal 713 (Summer 2007) |
The five essays that comprise the immigration cluster for LatCrit XI focus on the living conditions of the immigrant student, mother and grandmother, undocumented worker and taxpayer, and the human trafficking victim, as well as on the laws and practices that regulate the lives of such people inside the United States. The protagonists in these... |
2007 |
| Eric L'Heureux Issadore |
Is Immigration Still Exclusively a Federal Power? A Preemption Analysis on Legislation by Hazleton, Pennsylvania Regulating Illegal Immigration |
52 Villanova Law Review 331 (2007) |
We do not care where they come from, we do not care what language they speak, but an illegal alien is not welcome in Hazleton! Although regulating immigrants entering into the United States is exclusively within the power of the federal government, the power to regulate illegal aliens already in the country may be shifting to cities and states as... |
2007 |
| Saby Ghoshray |
Is There a Human-rights Dimension to Immigration? Seeking Clarity Through the Prism of Morality and Human Survival |
84 Denver University Law Review 1151 (2007) |
She sat with him for a day, searching for water, never straying too far away for fear she could get lost. On Sunday, her little boy died . [Edith] Rodriguez had staggered and zigzagged in her dehydrated state. At one point, it took a half hour to track just 100 feet of her journey. Six hours later, they found the boy's body under a mesquite tree.... |
2007 |
| Felice Batlan |
Law in the Time of Cholera: Disease, State Power, and Quarantines past and Future |
80 Temple Law Review 53 (Spring 2007) |
I. Introduction. 54 II. A Brief History of Quarantine. 62 III. The 1892 Threatened Epidemics: Immigrants, Pesthouses, and Oysters. 68 A. Methodology. 68 B. The Most Modern of Facilities: The New York City Board of Health. 69 C. Frontiers: Immigration and Typhus. 72 D. The Erasure of the Juridical Being. 76 E. Awaiting Cholera. 79 F. Cholera and... |
2007 |
| Ana Romero-Bosch |
Lessons in Legal History--eugenics & Genetics |
11 Michigan State University Journal of Medicine & Law 89 (Winter, 2007) |
C1-3Table of Contents Introduction. 90 I. Historical Development. 91 II. Legal and Societal Impact. 93 A. Social Origins. 94 B. Scientific Origins. 95 C. Legal History: Sterilization Laws, Marriage Restriction, & Immigration Restriction. 96 1. Sterilization Laws. 96 2. Marriage and Immigration Laws. 97 D. Famous Supporters. 98 III. Later... |
2007 |
| Jennifer M. Chacón |
Loving Across Borders: Immigration Law and the Limits of Loving |
2007 Wisconsin Law Review 345 (2007) |
I. Introduction. 345 II. Immigration Restrictions and Antimiscegenation Laws. 348 A. Admission Policy and the Social Construction of Race. 350 B. Nationality Laws and the Policing of the Color Line. 356 III. Where Loving Never Tread: How the Law Still Regulates Intimacy. 358 A. Immigration, Nationality, and the Family. 359 B. Immigration and... |
2007 |
| Raquel J. Gabriel |
Minority Groups and Intimate Partner Violence: a Selected Annotated Bibliography |
19 Saint Thomas Law Review 451 (Spring 2007) |
ABSTRACT: This bibliography is designed to be an introduction to the topic of domestic/intimate partner violence within the broad definition of those traditionally identified as minority groups. Towards that end, the selected annotations cover African American, Asian, Disabled, Immigrant, Latina, and Native American populations. It is intended to... |
2007 |
| Neda Mahmoudzadeh |
Most RelevantLove Them, Love Them Not: the Reflection of Anti-immigrant Attitudes in Undocumented Immigrant Health Care Law |
9 Scholar: St. Mary's Law Review on Minority Issues 465 (Spring 2007) |
I. Introduction. 467 A. The Problem of Illegal Aliens. 467 II. Legal Background. 469 A. Regulation Affecting Undocumented Immigrants' Health Care. 469 1. The Immigration Reform Act. 469 2. The Welfare Reform Act. 470 3. The Role of States. 471 III. Legal Analysis. 473 A. The Political Context of the 1996 Reform Acts. 473 B. Current State of... |
2007 |
| Maria L. Ontiveros |
Noncitizen Immigrant Labor and the Thirteenth Amendment: Challenging Guest Worker Programs |
38 University of Toledo Law Review 923 (Spring 2007) |
CURRENTLY, immigration is a hot-button issue. Hundreds of thousands of people march in the streets to demand human rights and dignity for immigrant workers and their families. Armed citizens patrol the border to apprehend unauthorized immigrants, while human rights groups leave water in the desert in a desperate attempt to prevent the deaths of... |
2007 |
| Todd H. Goodsell |
On the Continued Need for H-1b Reform: a Partial, Statutory Suggestion to Protect Foreign and U.s. Workers |
21 BYU Journal of Public Law 153 (2007) |
During the summer of 2006, the nation was abuzz with talk of immigration reform. From Congress to Calexico, talk of amnesty and anti-terrorism, green cards and orange cards, minute men and mini-Ellis Islands filled both backyard summer barbecues and news reports. Emotions and rhetoric ran high. It seemed as though everyone had an opinion, but no... |
2007 |
| David C. Koelsch |
Panic in Detroit: the Impact of Immigration Reforms on Urban African Americans |
5 Georgetown Journal of Law and Public Policy 447 (Summer, 2007) |
Premise: Proposals to reform the current immigration system to legalize undocumented immigrants will impact poor, urban African Americans to a greater degree than the majority of the United States population. Detroit, as the largest African American-majority city in the United States, is a microcosm of the nationwide effects of a broad legalization... |
2007 |
| Michael J. Wishnie |
Prohibiting the Employment of Unauthorized Immigrants: the Experiment Fails |
2007 University of Chicago Legal Forum 193 (2007) |
For a century before 1986, federal law permitted employers to hire undocumented immigrants. The Immigration Reform and Control Act of 1986 (IRCA) marked a sea change in immigration law by extending federal immigration regulation into the private workplace through the prohibition of employment of unauthorized immigrants. In the two decades since... |
2007 |
| Daniel J. Moore |
Protecting Alien-informants: the State-created Danger Theory, Plenary Power Doctrine, and International Drug Cartels |
80 Temple Law Review 295 (Spring 2007) |
How can this be in modern day America? Mr. Enwonwu is an immigrant alien. . . . Congress does not much care about immigrant aliens, even those who, after endangering themselves assisting our law enforcement efforts to stem the international drug trade, are deported into the hands of the very drug traders upon whom they have informed. Does this... |
2007 |
| Kevin R. Johnson |
Protecting National Security Through More Liberal Admission of Immigrants |
2007 University of Chicago Legal Forum 157 (2007) |
Commentators and pundits have repeated the mantra September 11 changed everything so often in the last six years that the phrase has lost nearly any and all meaning. One cannot deny that that fateful day, with the tragic loss of human life, has unquestionably altered U.S. society and the way that Americans look at the world. As a response to the... |
2007 |
| Saby Ghoshray |
Race, Symmetry and False Consciousness: Piercing the Veil of America's Anti-immigration Policy |
16 Temple Political & Civil Rights Law Review 335 (Spring 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 [T]he streets of our country were taken over today by people who don't belong here. . . . Taxpayers who have surrendered highways,... |
2007 |
| Carrie L. Arnold |
Racial Profiling in Immigration Enforcement: State and Local Agreements to Enforce Federal Immigration Law |
49 Arizona Law Review 113 (Spring 2007) |
After the tragic attacks of September 11, 2001, the lack of communication and cooperation among local, state, and federal law enforcement became the subject of intense criticism. Under pressure to deal with illegal immigration, the Department of Justice (DOJ) began to consider extending immigration enforcement responsibilities to state and local... |
2007 |