David T. Ritchie Assessing the Moral Status of State Immigration Actions 5 John Marshall Law Journal 549 (Spring 2012) A growing number of states in the United States, including Georgia, have stepped into the area of immigration policy. While various rationales are given for this move, one must wonder what is really behind the drive to have states legislate in an area that has traditionally been reserved for the federal government. This Article explores the effect... 2012
Joe A. Tucker Assimilation to the United States: a Study of the Adjustment of Status and the Immigration Marriage Fraud Statutes 7 Yale Law and Policy Review 20 (1989) We do almost no single sensible and deliberate thing to make family life a success. And still the family survives. It has survived all manner of stupidity. It will survive the application of intelligence. Walter Lippmann A couple, who for the purposes of this article shall be identified as the Smiths, a citizen and nonimmigrant student, met and... 1989
Anita Christina Butera Assimilation, Pluralism and Multiculturalism: the Policy of Racial/ethnic Identity in America 7 Buffalo Human Rights Law Review Rev. 1 (2001) In the spring of 1921, 19 year old Annamaria and her 16 year old brother, Giuseppe, had finally completed their voyage to the United States from the Italian town of Palermo. After disembarking from the cramped and unsanitary quarters of the steamship, they wearily endured the endless lines and official inspections of the Ellis Island immigrant... 2001
Kaleigh Dryden ASTRONAUTS AND ASYLUM: INVESTIGATING THE INTERSECTION BETWEEN OUTER SPACE AND IMMIGRATION 84 University of Pittsburgh Law Review 763 (Spring, 2023) This Note explores the emerging intersection of outer space and immigration, specifically whether the United States can lawfully adjudicate asylum claims from astronauts. Although the prospect of astronauts seeking asylum in the United States may seem farfetched, this Note concludes that the U.S. immigration system can legally accept astronauts... 2023
Lindsay M. Harris , Hillary Mellinger ASYLUM ATTORNEY BURNOUT AND SECONDARY TRAUMA 56 Wake Forest Law Review 733 (2021) We are in the midst of a crisis of mental health for attorneys across all practice areas. Illustrating this broader phenomenon, this interdisciplinary Article shares the results of the 2020 National Asylum Attorney Burnout and Secondary Traumatic Stress Survey (Survey). Using well-established tools, such as the Copenhagen Burnout Inventory and... 2021
Aaditya P. Tolappa ASYLUM, RELIGION, AND THE TESTS FOR OUR COMPASSION 98 New York University Law Review Online 55 (April, 2023) Under pressure to turn away noncitizens who fabricate religious affiliation to improve their chances of gaining asylum, immigration judges are known to ask asylum seekers doctrinal questions about their purported religions to assess their overall credibility. Immigration judges administer these religious tests with broad statutory authority to... 2023
Michèle Alexandre At the Intersection of Post-911 Immigration Practices and Domestic Policies: Can Katrina Serve as a Catalyst for Change? 26 Chicana/o-Latina/o Law Review 155 (Spring 2006) First they came for the Communists, but I was not a Communist so I did not speak out. Then they came for the Socialists and the Trade Unionists, but I was neither, so I did not speak out. Then they came for the Jews, but I was not a Jew so I did not speak out. And when they came for me, there was no one left to speak out for me. One of the... 2006
Priya S. Gupta AUTOMATING RACIALIZATION IN INTERNATIONAL LAW 117 AJIL Unbound 156 (2023) From the continuation of colonial power structures in global economic development institutions, to immigration policies that favor applicants from white-majority European countries, to the use of counter-terrorism law to target primarily Muslim people, international law and its domestic analogues reflect and further inscribe racial distinctions and... 2023
Kristin Bohman Avetisyan's Limited Improvements Within the Overburdened Immigration Court System 85 University of Colorado Law Review 189 (Winter 2014) In early 2012, the Board of Immigration Appeals (BIA) decided Matter of Avetisyan, overturning precedent that prohibited immigration judges from administratively closing an immigrant's case over the objection of either party. Avetisyan enables immigration judges to administratively close a case and remove it from their active dockets, subject to... 2014
Chris F. Wright , Stephen Clibborn Back Door, Side Door, or Front Door? An Emerging De-facto Low-skilled Immigration Policy in Australia 39 Comparative Labor Law and Policy Journal 165 (Fall, 2017) Official routes of immigration can be conceptualized as small doors that permit entry selectively to certain categories of migrants deemed desirable. These small doors are situated within a much bigger protective wall of immigration control erected to deny entry to many other would-be migrants who fall outside of the selection criteria.... 2017
Lenni B. Benson Back to the Future: Congress Attacks the Right to Judicial Review of Immigration Proceedings 29 Connecticut Law Review 1411 (Summer, 1997) To become a United States citizen, a lawful permanent resident alien must successfully demonstrate a knowledge of United States history and government. A standard examination question is: How many branches are there in the federal government of the United States? The correct answer of course is three branches. However, where immigration... 1997
Alvaro Bedoya Backlash at the Booth: Latino Turnout after H.r. 4437 115 Yale Law Journal Pocket Part 116 (May 1, 2006) The Latino community has mobilized as never before in response to H.R. 4437, the punitive immigration bill sponsored by Representative James Sensenbrenner (R-WI). The media has declared that the recent marches in Los Angeles, Dallas, Phoenix, and Chicago mark a new day of Hispanic political involvement. More than just getting Latinos in the... 2006
Frank Sharry Backlash, Big Stakes, and Bad Laws: How the Right Went for Broke and the Left Fought Back in the Fight over the 1996 Immigration Laws 9 Drexel Law Review 269 (Spring, 2017) This Article reflects upon the political contestation that led to the enactment of the Antiterrorism and Effective Death Penalty Act and the Illegal Immigration Reform and Immigrant Responsibility Act, contextualizing the anti-immigration backlash and debates. Further, this Article discusses some of the ways in which immigration advocates sought to... 2017
Cynthia Willis-Esqueda, Ph.D. Bad Characters and Desperados: Latinxs and Causal Explanations for Legal System Bias 67 UCLA Law Review 1204 (November, 2020) Although there is a long history of prejudice and discrimination against Latinxs within the U.S. legal system, there is a dearth of research seeking to understand the causal underpinnings of the biased decisionmaking that works against them. While this Article discusses the experience of those who identify as Latinx broadly, in several areas it... 2020
Jennifer Terrell Ballot Denied: Voting in the Age of Covid-19 34-OCT CBA Record 20 (September/October, 2020) During Indiana's primary election this year, held in June, Angela Horne and hermother planned to vote as they always do--by casting a ballot at their polling place. Because of safety concerns amidst the COVID-19 pandemic, however, Marion County opened only 22 polling places in this election--less than 10% of the normal amount. Angela's mother lives... 2020
Walter I. Gonçalves, Jr. Banished and Overcriminalized: Critical Race Perspectives of Illegal Entry and Drug Courier Prosecutions 10 Columbia Journal of Race and Law L. 1 (2020) Scholarship on illegal entry and drug courier prosecutions fails to apply Critical Race Theory (CRT). Disregard of how these prosecutions contribute to racial stratification in and outside American prisons or how drug couriers experience intersectionality ignores sociological and cultural processes. Criminal justice professionals have racialized... 2020
Melissa Cook Banished for Minor Crimes: the Aggravated Felony Provision of the Immigration and Nationality Act as a Human Rights Violation 23 Boston College Third World Law Journal 293 (Spring, 2003) Abstract: The aggravated felony provision of the U.S. Immigration and Nationality Act was was originally intended to provide for the deportation of non-citizens convicted of very serious crimes. Over the last 15 years, however, the provision has been consistently expanded to include a plethora of minor crimes that are neither aggravated nor... 2003
Peter Margulies Bans, Borders, and Sovereignty: Judicial Review of Immigration Law in the Trump Administration 2018 Michigan State Law Review Rev. 1 (2018) C1-2Table of Contents Introduction. 2 I. Stewardship, Governance, and the Challenge Of Immigration Law. 13 A. The Framers' Stewardship. 14 B. The Supreme Court Takes a Turn. 15 1. Stewardship and Levels of Review. 17 2. Conflicts and Contradictions in the Current Paradigm. 22 II. Shared Stewardship and Judicial Review of Immigration Measures. 25 A.... 2018
Jennifer Lee Koh Barricading the Immigration Courts 69 Duke Law Journal Online 48 (February, 2020) The nation's immigration courts are rapidly deteriorating. The American Bar Association has characterized the Department of Justice-run court system as irredeemably dysfunctional and on the brink of collapse. Historic highs in the immigration court backlog, coupled with the stridency of the federal government's immigration enforcement agenda,... 2020
Maria Luisa Sepulveda Barring Extraterritorial Protection for Haitian Refugees Interdicted on the High Seas: Sale V. Haitian Centers Council, Inc. 44 Catholic University Law Review 321 (Fall, 1994) Give me your tired, your poor, [y]our huddled masses yearning to breathe free, [t]he wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! Although this axiom is often used to describe the United States immigration policy, United States immigration laws have traditionally... 1994
Karin Wang Battered Asian American Women: Community Responses from the Battered Women's Movement and the Asian American Community 3 Asian Law Journal 151 (May, 1996) The anti-domestic violence movement has made significant progress in the past twenty years. However, these gains largely have not been realized by Asian American women. The author argues that for Asian American women, domestic violence is complicated by factors such as language barriers, immigrant status, cultural differences, and racial... 1996
Mariela Olivares Battered by Law: the Political Subordination of Immigrant Women 64 American University Law Review 231 (December, 2014) The Article explores the state of immigrant battered women in the United States, focusing on how their identity as a politically and culturally marginalized community impacts the measure of help that they receive. Specifically, the Article examines the 2012-2013 Violence Against Women Act (VAWA) reauthorization debate as an example of how... 2014
Mika Galilee-Belfer Bdsm, Kink, and Consent: What the Law Can Learn from Consent-driven Communities 62 Arizona Law Review 507 (Summer, 2020) Millions of Americans participate in consensual, mutually agreed-upon activities such as bondage, dominance, and submission--collectively referred to as BDSM or kink--yet the relationship between individual consent to such participation and consent as legally understood and defined is imperfect at best. Because the law has not proven adept at... 2020
Dennis J. Loiacono, Jillian Maloff Be Our Guest: Synthesizing a Realistic Guest Worker Program as an Element of Comprehensive Immigration Reform 24 Hofstra Labor and Employment Law Journal 111 (Fall 2006) The United States is frequently referred to as a nation of immigrants. This description, when considered alongside such public displays of openness as the erection of the Statue of Liberty and the inauguration of Ellis Island, suggests that the United States has a history of being particularly accepting of immigrants. However, immigration law and... 2006
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
Stacey M. Schwartz Beaten Before They Are Born: Immigrants, Their Children, and a Right to Prenatal Care 1997 Annual Survey of American Law 695 (1997) Jennifer moved to the United States from China when she was eight years old. For fifteen years, she has lived in New York City as an undocumented immigrant, without obtaining legal status or United States citizenship. At age twenty-three, Jennifer has become pregnant. Because her job as a dress-maker fails to provide her with medical benefits, she... 1997
Christina Elhaddad Bed Time for the Bed Mandate: a Call for Administrative Immigration Reform 1 ALR Accord 32 (2014) C1-2Table of Contents Introduction 32 I. Brief History of Immigration Law, Plenary Power, the Bed Mandate, and Detention 36 II. The Importance of Prosecutorial Discretion 39 III. Lack of Enforceable Regulation 46 IV. Why Congress Must Eliminate the Bed Mandate 49 Conclusion 51 2014
Meera E. Deo, JD, PhD BETTER THAN BIPOC 41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... 2023
Amy Reavis BETTER TOGETHER: TOWARD ENDING STATE REMOVAL OF SUBSTANCE-EXPOSED NEWBORNS FROM THEIR PARENTS 46 New York University Review of Law and Social Change 362 (2022) The United States' child welfare system has long been an emperor with no clothes. The stated mission of the federal Children's Bureau is to strengthen families, prevent child abuse and neglect, and ensure permanency for children. This mission is impossible to critique in the abstract. But the reality is that this behemoth of a system--operating... 2022
Rigel C. Oliveri Between a Rock and a Hard Place: Landlords, Latinos, Anti-illegal Immigrant Ordinances, and Housing Discrimination 62 Vanderbilt Law Review 55 (January, 2009) Introduction. 56 I. The AII Ordinances. 59 A. Background. 59 B. Housing Provisions. 61 1. Complaint-Driven Enforcement Procedures. 62 2. Pre-authorization. 63 C. Preemption: Hazleton and Beyond. 65 II. Probable Results of AII Housing Ordinances. 72 A. Multiple Groups Likely to Be Affected. 72 B. Violations of the Fair Housing Act Likely. 81 1.... 2009
Neha Vora, Lafayette College BETWEEN DREAMS AND GHOSTS: INDIAN MIGRATION AND MIDDLE EASTERN OIL ANDREA WRIGHT (STANFORD: STANFORD UNIVERSITY PRESS, 2021) 46 PoLAR: Political and Legal Anthropology Review 1 (May, 2023) Perhaps no region of the world today is more associated with migrant labor exploitation than the oil-rich monarchies of the Arabian Peninsula. The plight of migrant workers, mostly from South Asia, was front and center most recently in the media coverage of Qatar's World Cup 2022. Within this coverage, Gulf leaders--and by extension Gulf... 2023
Ramanujan Nadadur Beyond "Crimigration" and the Civil-criminal Dichotomy--applying Mathews V. Eldridge in the Immigration Context 16 Yale Human Rights and Development Law Journal 141 (2013) Policies and regulations from the past decade underscore the need for strong constitutional safeguards in removal proceedings, which are administrative proceedings where an Immigration Judge adjudicates whether a noncitizen should be deported from the United States under the Immigration and Nationality Act (INA). Deportation has accelerated; the... 2013
Anna Hales BEYOND BORDERS: HOW PRINCIPLES OF PRISON ABOLITION CAN SHAPE THE FUTURE OF IMMIGRATION REFORM 11 UC Irvine Law Review 1415 (August, 2021) This Note presents prison abolition theory and discusses how principles of abolition can be applied in the context of immigration enforcement and reform. In doing so, this Note argues for an open borders approach to immigration, presents several viewpoints on what such a regime may look like, and discusses how this vision can shape immigration... 2021
Muneer I. Ahmad Beyond Earned Citizenship 52 Harvard Civil Rights-Civil Liberties Law Review 257 (Summer, 2017) For more than a decade, a single rubric for legalization of the 11 million undocumented people in the United States has dominated every major proposal for comprehensive immigration reform, and continues to do so today: earned citizenship. Introduced as a rhetorical move intended to distinguish such proposals from amnesty, the earned citizenship... 2017
Wyatt G. Sassman , Danielle C. Jefferis BEYOND EMISSIONS: MIGRATION, PRISONS, AND THE GREEN NEW DEAL 51 Environmental Law 161 (Spring, 2021) The Green New Deal is a bold resolution that asks us to envision climate policy beyond emissions reductions and pollution controls. The proposal seeks to reduce environmental impacts, including by dramatically reducing carbon emissions, while supporting domestic manufacturing, unionized labor, sustainable agriculture, and social equity. The Biden... 2021
Emily Ryo , Reed Humphrey BEYOND LEGAL DESERTS: ACCESS TO COUNSEL FOR IMMIGRANTS FACING REMOVAL 101 North Carolina Law Review 787 (March, 2023) Removal proceedings are high-stakes adversarial proceedings in which immigration judges must decide whether to allow immigrants who allegedly have violated U.S. immigration laws to stay in the United States or to order them deported to their countries of origin. In these proceedings, the government trial attorneys prosecute noncitizens who often... 2023
Margo Lindauer , Emily Postman BEYOND NON-VIOLENT OFFENSES: CRIMINAL JUSTICE REFORM AND INTIMATE PARTNER VIOLENCE IN THE AGE OF PROGRESSIVE PROSECUTION 16 Stanford Journal of Civil Rights & Civil Liberties 457 (2021) Intimate partner violence is routinely left out of the public discourse about criminal justice reform. The criminal legal system all too often fails to effectively protect victims from intimate partner violence, although it continues to impose deleterious collateral consequences on defendants. In this Article, we review the platforms and policy... 2021
Angélica Cházaro Beyond Respectability: Dismantling the Harms of "Illegality" 52 Harvard Journal on Legislation 355 (Summer 2015) Current pro-immigrant reform efforts focus on legalization. Proposals seek to place as many of the eleven million undocumented people in the United States as possible on a path to earned citizenship. However, these reform efforts suffer from a significant and underappreciated blind spot: the strategies used to advocate legalization harm those to... 2015
Rachel E. Rosenbloom Beyond Severity: a New View of Crimmigration 22 Lewis & Clark Law Review 663 (2018) While the Trump Administration's harsh crackdown on immigrants builds on an enforcement infrastructure inherited from previous administrations, this Article cautions against characterizing it as merely an escalation of crimmigration--the merging of criminal and immigration law evident in recent decades. I argue instead that key contrasts between... 2018
Freddy Funes Beyond the Plenary Power Doctrine: How Critical Race Theory Can Help Move Us past the Chinese Exclusion Case 11 Scholar: St. Mary's Law Review on Minority Issues 341 (Spring 2009) I. Introduction. 341 II. A Nation of (Mistreated) Immigrants. 343 A. A Short Sample of Immigration History. 343 1. The Chinese, California, and the Exclusion Act. 343 2. The Bracero Program and Labor Shortages. 347 B. The Plenary Power Doctrine: Fictional Sovereignty. 351 III. The Plenary Power Doctrine Fallacy. 354 A. Doctrinally Unsound. 355 B.... 2009
Bill Ong Hing Beyond the Rhetoric of Assimilation and Cultural Pluralism: Addressing the Tension of Separatism and Conflict in an Immigration-driven Multiracial Society 81 California Law Review 863 (July, 1993) Immigration is quickly changing the racial demographics of the United States. In so doing, it is creating both tensions and opportunities. The author responds to those who advocate restricted immigration as the solution to racial problems. He refutes the underlying assumptions of such Euro-immigrationists: that the United States has a solely white,... 1993
Monica Ramsy BEYOND THE U VISA AND CARCERAL FEMINIST "CRIMMIGRATION": TRANSFORMING THE VAWA SELF-PETITION TO REMEDY SEXUAL VIOLENCE IN IMMIGRATION DETENTION 45 New York University Review of Law and Social Change 37 (2021) When, and on what terms and conditions, do the experiences of an immigrant survivor of sexual violence matter? On what basis do we, and should we, devise our immigration laws in relation to gender-based violence? In wrestling with these questions, this Article seeks to develop a framework with which to more meaningfully support survivors of sexual... 2021
Khiara M. Bridges BEYOND TORTS: REPRODUCTIVE WRONGS AND THE STATE: BIRTH RIGHTS AND WRONGS: HOW MEDICINE AND TECHNOLOGY ARE REMAKING REPRODUCTION AND THE LAW, BY DOV FOX. NEW YORK: OXFORD UNIVERSITY PRESS, 2019. PP. 265. $44.00 121 Columbia Law Review 1017 (April, 2021) In Birth Rights and Wrongs: How Medicine and Technology Are Remaking Reproduction and the Law, Dov Fox schematizes the concept of reproductive negligence (also called reproductive wrongs) into three categories: procreation imposed, procreation deprived, and procreation confounded. This Book Review aims to extend Fox's analysis by looking beyond... 2021
Andrea Galvez BIAS AND IMMIGRATION: A NEW FACTORS TEST TO EXAMINE EXTRINSIC EVIDENCE OF ANIMUS IN IMMIGRATION CASES 71 Emory Law Journal 57 (2021) Courts have historically struggled to consistently consider extrinsic evidence of animus and bias in immigration cases. In two key cases concerning challenges to restrictive immigration policies of the Trump Administration-- Trump v. Hawaii and DHS v. Regents of the University of California--the Supreme Court shied away from considering numerous... 2021
  Bibliography 9 Rutgers Race & the Law Review 483 (2008) Lauren Arms, It's Not All Black and White: Race-Based Admissions Purport to Achieve a Critical Mass of Diversity, but in Reality Merely Mask a Pre-Determined Quota of the Ideal Integrated Society, 49 S. Tex. L. Rev. 205 (2007). Carrie L. Arnold, Note, Racial Profiling in Immigration Enforcement: State and Local Agreements to Enforce Federal... 2008
Stephen Manning , Juliet Stumpf Big Immigration Law 52 U.C. Davis Law Review 407 (November, 2018) The forays of the Trump administration into uncharted waters of immigration restriction have highlighted a trend that pre-dates the 2016 election: the unchecked growth of immigration governance strategies that rely on large-scale restrictions of liberty in the form of mass detention and deportation. These mushrooming immigration policing... 2018
Rachel F. Moran Bilingual Education, Immigration, and the Culture of Disinvestment 2 Journal of Gender, Race and Justice 163 (Spring 1999) I. From Federal Reform to Federal Retreat: The Rise of the New Federalism II. The Impact of the New Federalism on Bilingual Education A. California B. New York C. The Culture of Disinvestment and the Failure of the New Federalism III. Race, Immigration, and the Symbolic Politics of Bilingual Education in California and New York A. Historical... 1999
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
Michael Robert W. Houston Birthright Citizenship in the United Kingdom and the United States: a Comparative Analysis of the Common Law Basis for Granting Citizenship to Children Born of Illegal Immigrants 33 Vanderbilt Journal of Transnational Law 693 (May, 2000) The common law concept of territorial birthright citizenship is the foundation for the Fourteenth Amendment's Citizenship Clause, which confers citizenship on those born within the United States and subject to its jurisdiction. Likewise territorial underpinnings were the basis for over 375 years of birthright citizenship within the United... 2000
Ediberto Román , Ernesto Sagás Birthright Citizenship under Attack: How Dominican Nationality Laws May Be the Future of U.s. Exclusion 66 American University Law Review 1383 (August, 2017) Attacks on birthright citizenship periodically emerge in the United States, particularly during presidential election cycles. Indeed, blaming immigrants for the country's woes is a common strategy for conservative politicians, and the campaign leading up to the 2016 presidential election was not an exception. Several of the Republican presidential... 2017
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