| Author | Title | Citation | Summary | Year |
| 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 |
| Allen Thomas O'Rourke |
Good Samaritans, Beware: the Sensenbrenner-king Bill and Assistance to Undocumented Migrants |
9 Harvard Latino Law Review 195 (Spring, 2006) |
The United States has always been an immigrant nation. From talented students and professionals to your tired, your poor, your huddled masses yearning to breathe free, migrants have, since the nation's birth, come from around the world seeking liberty and better fortunes. The nation has become very diverse by consequence, and in recent years, the... |
2006 |
| Elizabeth McCormick , Patrick McCormick |
Hospitality: How a Biblical Virtue Could Transform United States Immigration Policy |
83 University of Detroit Mercy Law Review 857 (Summer 2006) |
When millions of United States voters in the 2004 presidential election identified moral values as their central concern, the vast majority of these largely church-going Christians were no doubt referring to religious and biblical teachings on abortion and homosexuality. It is unlikely that more than a handful were referring to the oft repeated... |
2006 |
| Aileen Tom |
How Stricter Dutch Immigration Policies Are Contributing to Rising Islamic Fundamentalism in the Netherlands and Europe |
5 Washington University Global Studies Law Review 451 (2006) |
Immigration is at the forefront of world issues, especially in the European Union (EU) in light of economic changes and recent world events. Previously long-standing traditions in EU countries such as democracy, tolerance, human rights, and fundamental freedoms supported inclusive and pro-immigration policies. Now these same countries are enacting... |
2006 |
| Manuel D. Vargas |
Immigration Consequences of Guilty Pleas or Convictions |
30 New York University Review of Law and Social Change 701 (2006) |
The immigration consequences of a guilty plea or conviction in a New York court have increased dramatically in recent years. This is because in recent years the U.S. Congress has several times amended the federal immigration laws--in particular in 1996 when it enacted the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal... |
2006 |
| Marc Belanger |
Immigration, Race, and Economic Globalization on the U.s.-mexico Border: Tangled Histories and Contemporary Realities |
10 Journal of Gender, Race and Justice Just. 1 (Fall 2006) |
In a congressional hearing, a U.S. representative from Colorado explained the continuing need for labor from Mexico: The American working people will not get down on their hands and knees in the dirt and pull weeds and thin these beets and break their backs doing that kind of work . . . [n]o matter how much they are paid, they cannot and will not... |
2006 |
| Sarah Paoletti |
Making Visible the Invisible: Strategies for Responding to Globalization's Impact on Immigrant Workers in the United States |
13 Indiana Journal of Global Legal Studies 105 (Winter, 2006) |
This article explores the impact of globalization on immigrant workers in the United States. Although Congress created programs to provide vocational training services and cash allowances to workers who qualified by virtue of having lost their jobs as a result of the adverse impacts of trade, these programs have done little to assist many of the... |
2006 |
| Catherine Skulan |
Most RelevantAustralia's Mandatory Detention of "Unauthorized" Asylum Seekers: History, Politics and Analysis under International Law |
21 Georgetown Immigration Law Journal 61 (Fall, 2006) |
I. Introduction. 62 A. Detention of Asylum Seekers: International Context. 63 B. Detention of Asylum Seekers: Australian Context. 65 II. Australia's Policy of Mandatory Detention of Asylum Seekers. 65 A. History: Development of Australian Immigration Policy: From White Australia to Multiculturalism and Back Again?. 65 B. Recent Developments: The... |
2006 |
| Deborah A. Morgan |
Not Gay Enough for the Government: Racial and Sexual Stereotypes in Sexual Orientation Asylum Cases |
15 Law and Sexuality: A Review of Lesbian, Gay, Bisexual and Transgender Legal Issues 135 (2006) |
I. Introduction. 135 II. Background. 137 A. Racism and Homophobia in the Immigration Process. 138 B. The Asylum Process. 139 C. Characteristics of Asylum Applicants. 141 D. Not Gay Enough for the Government: The Case of Mohammad . 144 III. Uncovering Bias in Sexual Orientation Asylum Decisions. 147 A. Racial Stereotypes and Essentialism. 148 B.... |
2006 |
| Jeffrey Manns |
Private Monitoring of Gatekeepers: the Case of Immigration Enforcement |
2006 University of Illinois Law Review 887 (2006) |
This article addresses the monitoring paradox that public enforcers may face in attempting to oversee private gatekeepers. Governments frequently enlist private parties to serve as gatekeepers because they possess special skills or advantages that allow them to detect and prevent wrongdoing by their clients or suppliers in a cost-effective way.... |
2006 |
| Miranda Oshige McGowan , James Lindgren |
Testing the "Model Minority Myth" |
100 Northwestern University Law Review 331 (Special Issue 2006) |
The stereotype of Asian Americans as a Model Minority appears frequently in the popular press and in public and scholarly debates about affirmative action, immigration, and education. The model minority stereotype may be summarized as the belief that Asian Americans, through their hard work, intelligence, and emphasis on education and... |
2006 |
| Alyssa Garcia Perez |
Texas Rangers Resurrected: Immigration Proposals after September 11th |
8 Scholar: St. Mary's Law Review on Minority Issues 277 (Spring 2006) |
I. Introduction. 277 II. Background. 281 A. Los Rinches. 281 B. La Migra. 284 C. Vigilantes. 286 1. Ranch Rescue. 286 2. The Minuteman Project. 287 III. Legal Analysis: The Power to Enforce Immigration Policy. 287 A. Basis of Federal Authority. 288 1. Constitutional Authority. 289 2. Judicial Interpretation: Beyond the Constitution. 291 B.... |
2006 |
| Huyen Pham |
The Constitutional Right Not to Cooperate? Local Sovereignty and the Federal Immigration Power |
74 University of Cincinnati Law Review 1373 (Summer, 2006) |
I. Introduction. 1374 II. Federalism Harms of Cooperation Laws:Immigration as a Case Study. 1378 A. The Significance of Cooperation. 1379 B. The Roots of Non-Cooperation. 1381 1. Nature of the Immigration Power. 1381 2. Sanctuary Laws. 1382 3. Federal Reaction: 1996 Cooperation Laws. 1384 C. Non-Cooperation Laws Post 9/11:. 1386 1. Federal Push for... |
2006 |
| Juliet Stumpf |
The Crimmigration Crisis: Immigrants, Crime, and Sovereign Power |
56 American University Law Review 367 (December, 2006) |
Prologue: Memorandum to the President-Elect. 368 Introduction. 376 I. Immigration and Criminal Law Converge. 379 A. Overlap in the Substance of the Law. 381 1. Removing noncitizen offenders. 382 2. Immigration-related criminal offenses. 384 3. Crimmigration and terrorism. 385 B. Similarities in Enforcement. 386 C. Procedural Parallels. 390 D.... |
2006 |
| María Pabón López |
The Intersection of Immigration Law and Civil Rights Law: Noncitizen Workers and the International Human Rights Paradigm |
44 Brandeis Law Journal 611 (Spring, 2006) |
Doubtless in the United States today, the law regarding noncitizens and traditional civil rights law have met and forever changed each other's destiny. Ever-present questions over whether immigrants and other noncitizens fit into the national polity so as to be afforded civil rights protections and the like may now be definitively resolved.... |
2006 |
| Kris W. Kobach |
The Quintessential Force Multiplier: the Inherent Authority of Local Police to Make Immigration Arrests |
69 Albany Law Review 179 (2005-2006) |
The terrorist attacks of September 11, 2001 underscored for all Americans the link between immigration law enforcement and terrorism. Nineteen alien terrorists had been able to enter the country legally and undetected, overstay their visas or violate their immigration statuses with impunity, and move freely within the country without significant... |
2006 |
| Ayelet Shachar |
The Race for Talent: Highly Skilled Migrants and Competitive Immigration Regimes |
81 New York University Law Review 148 (April, 2006) |
The United States has long been the ultimate IQ magnet for highly skilled migrants. But this trend has changed dramatically in recent years. Today, the United States is no longer the sole--nor the most sophisticated--national player engaged in recruiting the best and brightest worldwide. Other attractive immigration destinations, such as... |
2006 |
| John R.B. Palmer |
The Second Circuit's "New Asylum Seekers": Responses to an Expanded Immigration Docket |
55 Catholic University Law Review 965 (Summer, 2006) |
The year 2002 saw a dramatic shift in the dynamics of immigration litigation in the United States. Triggered by a streamlining of the Department of Justice (DOJ)'s administrative review of expulsion orders, immigration appeals have been pouring into the federal courts in record numbers. Not only is DOJ ordering more people expelled, but a... |
2006 |
| Francine J. Lipman |
The Taxation of Undocumented Immigrants: Separate, Unequal, and Without Representation |
9 Harvard Latino Law Review Rev. 1 (Spring, 2006) |
Many Americans believe that undocumented immigrants are exploiting the United States economy. The widespread belief is that illegal aliens cost more in government services than they contribute to the economy. This belief is demonstrably false. [E]very empirical study of illegals' economic impact demonstrates the opposite .: undocumenteds... |
2006 |
| Emily Ryo |
Through the Back Door: Applying Theories of Legal Compliance to Illegal Immigration During the Chinese Exclusion Era |
31 Law and Social Inquiry 109 (Winter, 2006) |
This article applies theories of legal compliance to analyze the making of this country's first illegal immigrants--Chinese laborers who crossed the U.S.-Canadian and U.S.-Mexican borders in defiance of the Chinese exclusion laws (1882-1943). Drawing upon a variety of sources, including unpublished government records, I explore the ways in which... |
2006 |
| Mohar Ray |
Undocumented Asian American Workers and State Wage Laws in the Aftermath of Hoffman Plastic Compounds |
13 Asian American Law Journal 91 (November, 2006) |
In 2002, the United States Supreme Court held in Hoffman Plastic Compounds v. NLRB that an undocumented immigrant employee who used false work-authorization documentation could not be awarded statutory back pay regarding his employment termination for lawful union activity. The Court's underlying premise lay in limiting the back pay remedy to be... |
2006 |