AuthorTitleCitationSummaryYear
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
Representative Sheila Jackson Lee Why Immigration Reform Requires a Comprehensive Approach That Includes Both Legalization Programs and Provisions to Secure the Border 43 Harvard Journal on Legislation 267 (Summer, 2006) As many as eleven million undocumented immigrants are living and working in the United States today, and the number is only growing. This Policy Essay addresses the problems resulting from the presence of so many undocumented workers in this country and presents two key legislative proposals to help solve the current crisis. In particular, it... 2006
Janice Fine Worker Centers: Organizing Communities at the Edge of the Dream 50 New York Law School Law Review 417 (2005-2006) In the United States today, millions of workers, many of them immigrants and people of color, are laboring on the very lowest rungs of metropolitan labor markets with limited prospects for improving the quality of their present positions or advancing to better jobs. It is an unfortunate fact that their immigration status, combined with their ethnic... 2006
Craig B. Mousin A Clear View from the Prairie: Harold Washington and the People of Illinois Respond to Federal Encroachment of Human Rights 29 Southern Illinois University Law Journal 285 (Fall, 2004/Winter, 2005) The lives of immigrants, migrants, fugitive slaves, workers, and unemployed embed themselves deep within the historical debate between national security and civil liberties, often providing the fuel for restricting civil liberties. When the federal government's primary responsibility to provide for the common defense dovetails with its power to... 2005
Raquel Aldana , Sylvia R. Lazos Vargas Aliens in Our midst Post-9/11: Legislating Outsiderness Within the Borders 38 U.C. Davis Law Review 1683 (June, 2005) Defining America Through Immigration Policy (Mapping Racisms Series). By Bill Ong Hing. Temple University Press, 2003. Pp. 336. The Huddled Masses Myth: Immigration and Civil Rights. By Kevin R. Johnson. Temple University Press, 2003. Pp. 264. Alienated: Immigrant Rights, the Constitution, and Equality in America. By Victor C. Romero. New York... 2005
Antonia Hernandez American Citizenship Post 9-11 1 Stanford Journal of Civil Rights & Civil Liberties 289 (April, 2005) As an immigrant, the child of a United States-citizen father whose family was deported to Mexico during the Depression, as an attorney who has for over twenty-five years sought to change our immigration laws, and as the former President and General Counsel of MALDEF, the Mexican American Legal Defense and Educational Fund, I believe that I have... 2005
Julie Wilensky American Gulag: Inside U.s. Immigration Prisons, by Mark Dow 8 Yale Human Rights and Development Law Journal 228 (2005) In the wake of stringent 1996 federal immigration laws and post-9/11 terrorism concerns, the number of immigrants held in administrative detention in the U.S. has increased at an alarming rate. The Bureau of Immigration and Customs Enforcement (formerly the Immigration and Naturalization Service) currently detains around 200,000 noncitizens each... 2005
Victor C. Romero Asians, Gay Marriage, and Immigration: Family Unification at a Crossroads 15 Indiana International & Comparative Law Review 337 (2005) Family unification has long been a significant component of U.S. immigration policy, and the Asian Pacific American (APA) community has long been a champion of laws that strengthen America's commitment to this goal. The recent emergence of same-gender marriages among state and local governments has caused society to consider more closely its... 2005
Teresa A. Miller Blurring the Boundaries Between Immigration and Crime Control after September 11th 25 Boston College Third World Law Journal 81 (Winter, 2005) Abstract: Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has... 2005
Hiroshi Motomura Brown V. Board of Education, Immigrants, and the Meaning of Equality 49 New York Law School Law Review 1145 (2004-2005) Being asked to speak at a symposium on Brown v. Board of Education about the impact of Brown on immigration law is very much like being asked to teach immigration law at the University of North Carolina in Chapel Hill. Much of my personal challenge at UNC is to think about issues of race and equality, but in the specific ways that the study of... 2005
Mohar Ray Can I See Your Papers? Local Police Enforcement of Federal Immigration Law Post 9/11 and Asian American Permanent Foreignness 11 Washington and Lee Race and Ethnic Ancestry Law Journal 197 (Winter, 2005) If I see someone come in and he's got a diaper on his head and a fan belt around that diaper on his head, that guy needs to be pulled over and checked. U.S. Congressional Representative John Cooksey of Louisiana, Radio Announcement after September 11, 2001 In the aftermath of the September 11, 2001 terrorist attacks perpetuated by nineteen foreign... 2005
Laura Fernandez Feitl Caring for the Elderly Undocumented Workers in the United States: Discretionary Reality or Undeniable Duty? 13 Elder Law Journal 227 (2005) Although contributing substantially to the economic growth of the United States, undocumented workers presently receive little return on their investment, as current immigration laws deprive them of the social benefits received by all other workers, namely social security benefits. In this note, Laura Fernandez Feitl examines the criteria which... 2005
Stephen Lee Citizen Standing and Immigration Reform: Commentary and Criticisms 93 California Law Review 1479 (October, 2005) Mary Douglas explains that dirt is simply matter out of place. This relative concept orders and classifies by rejecting inappropriate elements : strands of hair are not inherently dirty, but when left surreptitiously on the dining room table, they normatively transform into something threatening. The knee-jerk reaction is to purify the sullied... 2005
Sophie Robin-Olivier Citizens and Noncitizens in Europe: European Union Measures Against Terrorism after September 11 25 Boston College Third World Law Journal 197 (Winter, 2005) Abstract: In the European Union, new anti-terror measures have had an impact on the lives of noncitizens, immigrants, and asylum-seekers. This Essay outlines the rights guaranteed to both citizens and noncitizens under the European Convention on Human Rights and the EU treaties and evaluates how these rights have limited harsh treatment of... 2005
Eli J. Kay-Oliphant Considering Race in American Immigration Jurisprudence 54 Emory Law Journal 681 (Winter 2005) Imagine that you are President, fifteen years from now. You have been sitting in the Oval Office, thinking to yourself for over an hour. The silence is uncommon, considering your hectic schedule, and reflects the gravity of the situation and importance of the decision you must make. Time is moving slowly. Your mind races from one impossible... 2005
Tom Tancredo Cui Bono? The Case for an Honest Guest Worker Program 10 Texas Review of Law and Politics 63 (Fall 2005) I. Introduction. 64 II. Politics Versus Policy in Bush's Plan. 65 III. The Political Rationale for Amnesty. 66 IV. The Real Issue: Temporary Employment Versus Permanent Immigration. 68 V. Standards for a Sensible Program. 69 VI. Declining Wage Levels and Lost Tax Revenues. 71 VII. My Proposal: An Honest Plan for Temporary Workers. 77 VIII. Halting... 2005
Judy Amorosa Dissecting in re D-j-: the Attorney General, Unchecked Power, and the New National Security Threat Posed by Haitian Asylum Seekers 38 Cornell International Law Journal 263 (2005) Introduction. 264 I. Background. 266 A. Plenary Power and Exclusion. 266 B. National Security Justification Historically. 267 C. U.S. Treatment of Haitian Immigrants. 269 D. Obligations to Asylum Seekers Under U.S. and International Law. 270 II. The Attorney General's Decision in D-J-. 271 A. The Holding. 271 B. The Facts. 271 C. Application of... 2005
Christopher Ho , Jennifer C. Chang Drawing the Line after Hoffman Plastic Compounds, Inc. V. Nlrb: Strategies for Protecting Undocumented Workers in the Title Vii Context and Beyond 22 Hofstra Labor and Employment Law Journal 473 (Spring 2005) This is a time of rapid change and uncertainty in the laws affecting immigrant workers and, in particular, those who are undocumented. Although the jurisprudence in this area has never been static, the Supreme Court's 2002 opinion in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board constituted an abrupt departure from prior law,... 2005
Monica Nigh Smith France for the French? the Europeans? The Caucasians?: the Latest French Immigration Reform and the Attempts at Justifying its Disproportionate Impact on Non-white Immigrants 14 Transnational Law & Contemporary Problems 1107 (Spring 2005) I. Introduction. 1107 II. The Sarkozy Law. 1110 A. Introduction. 1110 B. Specific Impacts on Immigrants. 1111 1. Preparation for Arrival. 1111 2. An Overall Increase in Waiting Periods. 1111 3. Regulation of International Marriages. 1112 4. Regulation of Family Life. 1114 5. Effects on Transporters and Employers. 1115 6. Conditions Upon Discovery.... 2005
Farrah G. De Leon Girding the Nation's Armor: the Appropriate Use of Immigration Law to Combat Terrorism 3 Regent Journal of International Law 115 (2005) Three years after the tragic September 11, 2001, attacks, it is tempting to believe that America has returned to a time of normalcy. Yet, few would dispute that the nation is engaged in an ongoing War on Terror. September 11 has forever changed America, triggering a war that is affecting the everyday lives of Americans. This nation now realizes... 2005
Lynda L. Ford Hiv Afflicted Haitians: New Hope When Seeking Asylum 36 University of Miami Inter-American Law Review 293 (Winter-Spring 2005) There is new hope for HIV-positive Haitians who seek asylum in the United States. Historically, these asylum seekers have been limited in the arguments they could advance in order to avoid deportation. Recently, however, a team of lawyers used a new and innovative defense and prevailed in Miami-Dade County Immigration Court. This successfully... 2005
Susan M. Akram , Maritza Karmely Immigration and Constitutional Consequences of Post-9/11 Policies Involving Arabs and Muslims in the United States: Is Alienage a Distinction Without a Difference? 38 U.C. Davis Law Review 609 (March, 2005) Introduction. 610 I. Dispelling the Myth: Targeting Arab and Muslim Citizens and Noncitizens Before and After September 11, 2001. 611 A. Pre-9/11 Policies Targeting Arabs and Muslims. 612 B. Post-9/11 Policies Targeting Arabs and Muslims. 620 1. Policies Immediately After 9/11 Directly Targeted Noncitizen Arabs and Muslims. 620 2. Legislation... 2005
Ediberto Roman Immigration and the Allure of Inclusion 35 Seton Hall Law Review 1349 (2005) The legal predicament of Victor Navorski is a classic tale of a man without a country and is unfortunately replete with metaphors for the plight of immigrants to this land. Navorski's saga begins when he is detained at the border of the United States, which in his case is at one of New York City's airports. He is legally unable to leave his port of... 2005
Shoba Sivaprasad Wadhia Immigration: Mind over Matter 5 University of Maryland Law Journal of Race, Religion, Gender and Class 201 (Fall, 2005) In August 2005, The Washington Post featured a story about a man named Mukit Hossain, an immigrant from Bangladesh who came to the United States thirty years ago to study at Duke University. The story opens with a clear image: On a frigid winter day two years ago, Mukit Hossain drove past a 7-Eleven in Herndon and noticed a large group of men, some... 2005
Leti Volpp Impossible Subjects: Illegal Aliens and Alien Citizens 103 Michigan Law Review 1595 (May, 2005) Impossible Subjects: Illegal Aliens and the Making of Modern America. By Mae Ngai. Princeton: Princeton University Press. 2004. pp. 377. $35. America is a nation of immigrants, according to our national narrative. This is the America with its gates open to the world, as well as the America of the melting pot. Underpinning this national narrative is... 2005
Andowah A. Newton Injecting Diversity into U.s. Immigration Policy: the Diversity Visa Program and the Missing Discourse on its Impact on African Immigration to the United States 38 Cornell International Law Journal 1049 (Fall 2005) Introduction. 1050 I. The Diversity Visa Program. 1051 A. History: Predecessor and Temporary Programs. 1052 B. Permanent Program: Procedures and Requirements. 1053 C. Purpose. 1055 II. Criticism of the Diversity Visa Program. 1056 III. Disproportionate Underrepresentation of Africans in U.S. Immigration System. 1059 A. Historical Exclusion of... 2005
Jayashri Srikantiah Introduction 16 Stanford Law and Policy Review 317 (2005) Immigration law over the past decade has been characterized by a sharp reduction in discretion and judicial oversight. Whereas earlier laws allowed for discretionary judgments in the case of individual non-citizens, current law calls for categorical elimination of discretion based on group determinations of blameworthiness. The individual story of... 2005
Kitty Calavita Law, Citizenship, and the Construction of (Some) Immigrant "Others" 30 Law and Social Inquiry 401 (Spring 2005) Rhael Salazar Parrenas. Servants of Globalization: Women, Migration, and Domestic Work. Palo Alto, Calif.: Stanford University Press, 2001. Pp. 309. $55.00 cloth; $21.95 paper. Bonnie Honig. Democracy and the Foreigner. Princeton, N.J.: Princeton University Press, 2001. Pp. 204. $39.95 cloth; $19.95 paper. Peter Schuck. Citizens, Strangers, and... 2005
Daniel Kanstroom Legal Lines in Shifting Sand: Immigration Law and Human Rights in the Wake of September 11th 25 Boston College Third World Law Journal L.J. 1 (Winter, 2005) Abstract: In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the... 2005
Tisha R. Tallman Liberty, Justice, and Equality: an Examination of Past, Present, and Proposed Immigration Policy Reform Legislation 30 North Carolina Journal of International Law and Commercial Regulation 869 (Summer 2005) I. Introduction. 869 II. The Current State. 872 A. The Current System: The Problem Defined. 872 B. The Current Immigration Structure. 873 C. Current Immigration Enforcement Policies. 874 D. Our Current System's Relation to Labor. 879 E. Positive Economic Contributions of Immigrants. 881 III. A Historical Perspective. 883 IV. Proposed Legislation.... 2005
Lindsey Rubin Love's Refugees: the Effects of Stringent Danish Immigration Policies on Danes and Their Non-danish Spouses 20 Connecticut Journal of International Law 319 (Summer, 2005) Denmark may long have been perceived as the small, friendly country which gave the world Lego, Hans Christian Andersen and the beauty of Copenhagen . [b]ut Denmark no longer has a reputation as an open, cosy [sic] society where policemen stop the traffic to allow ducks to cross the road. At age eighteen Christina Reves could vote, die for her... 2005
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