| Author | Title | Citation | Summary | Year |
| 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 |
| Marie A. Failinger |
Recovering the Face-to-face in American Immigration Law |
16 Southern California Review of Law & Social Justice 319 (Spring, 2007) |
It is 1908. Yee Won mourns his father's death. Yee Won, in his own words a Chinese-born capitalist and property owner, is at home in San Francisco and at home in China. But Yee Won needs a wife. Perhaps because of anti-miscegenation laws or perhaps because he wants to honor his father's wishes, Yee Won returns to China a few years later for a... |
2007 |
| Marlin W. Burke |
Reexamining Immigration: Is it a Local or National Issue? |
84 Denver University Law Review 1075 (2007) |
Immigration, especially illegal immigration, is a subject currently generating intense controversy in American political and social discourse. To varying degrees, the subject has been controversial over the past one-hundred-eighty years, beginning with attempts by New York and Massachusetts to tax masters of ships who brought aliens into New York... |
2007 |
| Michael A. Scaperlanda |
Reflections on Immigration Reform, the Workplace and the Family |
4 University of Saint Thomas Law Journal 508 (Spring 2007) |
I. Introduction. 509 II. Failed Efforts. 510 A. Previous Immigration Reform Efforts. 510 B. Causes of Failure. 512 III. Reform Proposals: Comprehensive Reform or Increased Enforcement Only. 515 IV. My Assessment. 518 A. Catholic Social Thought. 519 B. Plan for Change. 523 1. Close the Back Door. 523 2. Opening the Front Door to Guest Workers. 526... |
2007 |
| Rachel Bloomekatz |
Rethinking Immigration Status Discrimination and Exploitation in the Low-wage Workplace |
54 UCLA Law Review 1963 (August, 2007) |
Popular discourse in the U.S. immigration debate often simply asserts that immigrants take jobs that native workers do not want. Though perhaps politically salient, such slogans overlook the complex interaction between employer preferences, immigration, and legal protections. Building on sociological research, this Comment explores the reality that... |
2007 |
| Lindsay Perez Huber, Maria C. Malagon |
Silenced Struggles: the Experiences of Latina and Latino Undocumented College Students in California |
7 Nevada Law Journal 841 (Summer 2007) |
ABSTRACT: Latina/o Critical Race Theory (LatCrit) exposes multiple forms of oppression Latina/o students experience, including race, class, gender, language, and immigration status. We utilize this theoretical framework to examine critically the experiences of Latina and Latino undocumented college students in California public institutions of... |
2007 |
| Michael J. Almonte |
State and Local Law Enforcement Response to Undocumented Immigrants: Can We Make the Rules, Too? |
72 Brooklyn Law Review 655 (Winter 2007) |
In 2005, in the towns of New Ipswich and Hudson, New Hampshire, local police arrested eight suspected undocumented immigrants on charges of criminal trespass when they failed to provide proper identification. Local police resorted to this tactic after the federal authorities declined to take action against the suspects. This novel approach to... |
2007 |
| Christie Hobbs |
State-federal Partnerships in Immigration Enforcement: Is the Trend Right for Texas? |
8 Texas Tech Administrative Law Journal 141 (Spring, 2007) |
Be careful in revising those immigration laws of yours. We got careless with ours. -Advice allegedly given to Vice President Hubert Humphrey by a Native American Illegal immigration is a growing burden on state and local entities. Its impact is felt in job markets, health care, education, and law enforcement. Though the United States Congress has... |
2007 |
| Adam Francoeur |
The Enemy Within: Constructions of U.s. Immigration Law and Policy and the Homoterrorist Threat |
3 Stanford Journal of Civil Rights & Civil Liberties 345 (August, 2007) |
Introduction. 346 I. Immigration, Gender, and Sexuality in U.S. History: A History of Early American Immigration Law up to the Mid-20th Century. 347 II. From McCarthyism to 1990: Conceiving and Crafting the Exclusion of LGBT Immigrants. 351 A. 1950s-1967: Immigration Laws Affecting Homosexuals During the Cold War. 352 B. 1967-1983: A Summary of... |
2007 |
| Sylvia R. Lazos Vargas |
The Immigrant Rights Marches (Las Marchas): Did the "Gigante" (Giant) Wake up or Does it Still Sleep Tonight? |
7 Nevada Law Journal 780 (Summer 2007) |
I. El Gigante Despierta: The Giant Awakens. 786 A. Chicago, the Traditional City of Immigrants, Produces a Political Miracle . 786 B. Los Angeles: The Massive Gran Marcha. . 787 II. Las Vegas: In a New City, the Struggle to Form a Civil Rights Movement for Immigrants. 791 A. Middle and High School Students Walk Out and Lead. 792 B. The... |
2007 |
| Kevin R. Johnson , Bill Ong Hing |
The Immigrant Rights Marches of 2006 and the Prospects for a New Civil Rights Movement |
42 Harvard Civil Rights-Civil Liberties Law Review 99 (Winter 2007) |
For weeks in the spring of 2006, television and newspapers featured spectacular images of masses of humanity lined up for miles in marches across the United States. What was most startling about the marches was that they were overwhelmingly pro-immigrant. Hundreds of thousands of U.S. citizens and immigrants peacefully marched in Chicago and Los... |
2007 |
| Nicholas R. Montorio |
The Issue of Mexican Immigration: Where Do We Go from Here? |
6 Journal of International Business and Law 169 (Spring 2007) |
This note will examine the issue of Mexican immigration into the U.S. from three different perspectives: historical, economical, and political. Analyzing this issue from these three perspectives will illustrate its multifaceted nature and each perspective is critical to understanding the delicacy of the Mexican immigration debate. Regardless of the... |
2007 |
| Stephen H. Legomsky |
The New Path of Immigration Law: Asymmetric Incorporation of Criminal Justice Norms |
64 Washington and Lee Law Review 469 (Spring, 2007) |
Starting approximately twenty years ago, and accelerating today, a clear trend has come to define modern immigration law. Sometimes dubbed criminalization, the trend has been to import criminal justice norms into a domain built upon a theory of civil regulation. An embryonic literature chronicles this process well but fails to showcase its... |
2007 |
| Lesley Wexler |
The Non-legal Role of International Human Rights Law in Addressing Immigration |
2007 University of Chicago Legal Forum 359 (2007) |
Current domestic and international law relating to immigration, particularly that favored by countries that draw large number of migrants, tends to favor law enforcement over human rights approaches. The response to September 11th has exacerbated this tendency to promote law enforcement and security paradigms at the expense of human rights... |
2007 |
| Arianna Garcia |
The Real Id Act and the Negative Impact on Latino Immigrants |
9 Scholar: St. Mary's Law Review on Minority Issues 275 (Winter 2007) |
I. Introduction. 276 II. Immigration Reform Rises as a Public Concern. 280 A. H.R. 10 & S.B. 2845: The Beginnings of the Real ID Act. 283 B. H.R. 418 Introduction of the Real ID Act. 285 III. Provisions of the Real ID Act and Its Effect on Latino Immigrants. 289 A. Asylum Qualifications. 289 B. Latin American and Caribbean Refugees. 294 C. Barriers... |
2007 |
| 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 |
| 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 |
| Randy Capps |
U.s. Immigrant Workers and Families: Demographics, Labor Market Participation, and Children's Education |
14 Virginia Journal of Social Policy and the Law 170 (Winter 2007) |
This article assesses the impact of rapid recent immigration on the nation's demographics, labor force and public schools. Recent immigration flows have exceeded those in any decade in the nation's history, with an estimated fifteen million immigrants entering the country during the 1990s. The number of immigrants passed thirty-five million in... |
2007 |
| Jennifer M. Chacón |
Unsecured Borders: Immigration Restrictions, Crime Control and National Security |
39 Connecticut Law Review 1827 (July, 2007) |
In this Article, I explore the origins and consequences of the blurred boundaries between immigration control, crime control and national security, specifically as related to the removal of non-citizens. Part II of this Article focuses on the question of how immigration control and crime control issues have come to be subsumed by national security... |
2007 |
| Saby Ghoshray |
Using Unfair Competition Law to Deter Undocumented Immigration: Examining the Broader Implications of Recent California Litigation |
29 Campbell Law Review 233 (Winter 2007) |
Stained fingers and sunburned skin have destroyed his youthful appearance. Juan's stocky five-foot frame appears much older than that of a man in his mid-twenties. He used to enjoy the glistening southwestern sun, but now the California rays have become his nemesis. The boss man sits comfortably in his air-conditioned 4 x 4. Pick faster, you're... |
2007 |
| 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 |
| 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 |
| 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 |
| Victor M. Hwang, Asian Pacific Islander Legal Outreach |
Brief of Amici Curiae Asian Pacific Islander Legal Outreach and 28 Asian Pacific American Organizations, in Support of All Respondents in the Six Consolidated Marriage Cases, Lancy Woo and Cristy Chung, et Al., Respondents, V. Bill Lockyer, et Al., Appell |
13 Asian American Law Journal 119 (November, 2006) |
Asian and Pacific Islander (API) people in this country are intimately familiar with the enormous harm that marriage discrimination causes families, individuals, and communities. Since the very beginning of our immigration to the United States and for much our history in California, Asians and Pacific Islanders have been denied equal access to... |
2006 |
| Berta Hernández-Truyol , Justin Luna |
Children and Immigration: International, Local, and Social Responsibilities |
15 Boston University Public Interest Law Journal 297 (Spring, 2006) |
This essay focuses on the human rights of immigrant children, regardless of the legality of their presence within U.S. borders, especially with respect to health, education, and welfare. In that context, the work explores, as the title suggests, the international, local, and social/cultural normative standards that structure the... |
2006 |
| Enid Trucios-Haynes |
Civil Rights, Latinos, and Immigration: Cybercascades and Other Distortions in the Immigration Reform Debate |
44 Brandeis Law Journal 637 (Spring, 2006) |
The web of cooperation is under siege. A profound transformation is occurring in America as the balance between wealth and the commonwealth is threatened by that winner-take-all ideology. From public schools and universities to public lands and other natural resources, from the media with their broadcast and digital spectrum to scientific... |
2006 |
| Laurel R. Boatright |
Clear Eye for the State Guy: Clarifying Authority and Trusting Federalism to Increase Nonfederal Assistance with Immigration Enforcement |
84 Texas Law Review 1633 (May, 2006) |
If the 9/11 terrorist attacks changed everything, they particularly changed the character of American law enforcement and the relationship of federal authorities to their state and local counterparts. Although less publicized than its condemnation of the infamous intelligence-sharing wall, the 9/11 Commission also insisted upon increased... |
2006 |
| Jeffrey L. Ehrenpreis |
Controlling Our Borders Through Enhanced Employer Sanctions |
79 Southern California Law Review 1203 (July 1, 2006) |
As a nation built by immigrants, the United States has historically maintained a generally pro-immigration policy. For many Americans, however, the current immigration system appears broken. Proponents of tighter immigration controls often point to the fact that two of the terrorists involved in the attacks on September 11, 2001 received approval... |
2006 |
| Marta Vides Saade |
Entertaining Angels Con Pasión |
83 University of Detroit Mercy Law Review 901 (Summer 2006) |
This Symposium considers the relationship between immigration law and religious values as relevant. As a Roman Catholic ethicist, whose religious values are influenced by the indigenous traditions of the south, the question of how questions of borders and migration are treated in society has a poignant historical significance. As a lawyer, I... |
2006 |
| Cynthia L. Wolken |
Feminist Legal Theory and Human Trafficking in the United States: Towards a New Framework |
6 University of Maryland Law Journal of Race, Religion, Gender and Class 407 (Fall 2006) |
Human trafficking is modern day slavery. Over the past decade, policy makers in the United States have begun to recognize human trafficking as a distinct act, rather than lumping trafficking into one of its associated acts such as immigration violations, labor law violations, prostitution or other peripheral crimes. In 2000, Congress passed the... |
2006 |
| Andrew Yuengert |
From Prophecy to Policy: Bishops, Prudence, and Immigration Politics |
4 University of Saint Thomas Law Journal 66 (Summer 2006) |
I. Introduction: Prophets and Policy. 66 II. Catholic Social Teaching on Immigration. 69 III. Prudence. 72 IV. Turning Teaching into Immigration Policy: Facts and Judgments. 75 A. Economic Effects. 76 B. Culture. 78 C. Security and the Rule of Law. 79 V. The Bishops' Reform Agenda. 82 VI. Conclusions. 85 |
2006 |