AuthorTitleCitationSummaryYear
Chad Lieberman, Marc Brosseau Undocumented Workers and Lost Future Earnings 43-NOV Colorado Lawyer 61 (November, 2014) Lost future earnings are a damages item based on future potential and unearned wages. Immigration issues become intertwined with litigation issues when an undocumented worker is an injured plaintiff seeking damages. This article explores whether undocumented workers may seek lost future earnings as a damages item in Colorado despite an inability to... 2014
Jared A. Goldstein Unfit for the Constitution: Nativism and the Constitution, from the Founding Fathers to Donald Trump 20 University of Pennsylvania Journal of Constitutional Law 489 (February, 2018) The executive order on travel issued by President Donald Trump in January 2017 identified the foreigners who should be barred from entry as those who bear hostile attitudes toward the United States and its founding principles and who do not support the Constitution. As this Article shows, anti-immigrant movements have long used... 2018
Karla Mari McKanders Unforgiving of Those Who Trespass Against U.s.: State Laws Criminalizing Immigration Status 12 Loyola Journal of Public Interest Law 331 (Spring 2011) Since around 2005, states and localities have been using criminal trespass laws to target undocumented immigrants for unlawful presence. In New Hampshire, California, and Florida, local police officers have used state criminal trespass laws to prosecute undocumented immigrants. For example, the New Hampshire criminal trespass laws provide that a... 2011
Lindsay Sain Jones , Goldburn P. Maynard, Jr. UNFULFILLED PROMISES OF THE FINTECH REVOLUTION 111 California Law Review 801 (June, 2023) While financial technology (fintech) has the potential to make financial services more accessible and affordable, hope that technology alone can solve the complex issue of wealth inequality is misplaced. After all, fintech companies are still subject to the same market forces as traditional financial institutions, with little incentive to address... 2023
Rachel Johnson-Farias Uniquely Common: the Cruel Heritage of Separating Families of Color in the United States 14 Harvard Law & Policy Review 531 (Summer, 2020) Headlines abound with news of migrant family separation at the United States-Mexico border. Many of those articles attribute the practice of family separation to recent policy shifts under the current administration. Though this administration's policies are especially cruel and punitive, they are not novel. The separation of Black families,... 2020
Rachel Gonzalez Settlage Uniquely Unhelpful: the U Visa's Disparate Treatment of Immigrant Victims of Domestic Violence 68 Rutgers University Law Review 1747 (Summer, 2016) C1-2Table of Contents I. Introduction. 1748 II. Immigration Law and the Battered Immigrant. 1753 A. The Unique Vulnerabilities of Battered Immigrants and U.S. Immigration Law's Exacerbation of Abusive Situations. 1756 B. Congressional Efforts to Protect Battered Immigrants. 1759 1. The Battered Spouse Waiver for Conditional Permanent Residents.... 2016
Carolyn Waller, Linda M. Hoffman United States Immigration Law as a Foreign Policy Tool: the Beijing Crisis and the United States Response 3 Georgetown Immigration Law Journal 313 (Fall, 1989) On June 3 and 4, 1989, Americans glimpsed history through the television set, as we have done so often. We watched young Chinese students demand democracy from the People's Republic of China (PRC). Although they were unclear as to how their call for democracy translated into viable political and economic changes, these people, led mostly by... 1989
James F. Smith United States Immigration Law as We Know It: El Clandestino, the American Gulag, Rounding up the Usual Suspects 38 U.C. Davis Law Review 747 (March, 2005) Introduction. 748 I. Who Are Los Clandestinos? . 749 A. Pablo, Jose, and Maria. 752 1. Pablo. 752 2. Jose. 755 3. Maria. 756 B. Making Workers Fugitives. 757 II. Legislating the Fugitive Class. 764 A. Expanding the Grounds for Removal. 765 B. Restricting Relief from Removal. 770 C. Using Lengthy Detention to Coerce Waiver of the Right to a... 2005
VICTOR C. ROMERO United States Immigration Policy: Contract or Human Rights Law? 32 Nova Law Review 309 (Spring, 2008) All nations distinguish between their citizens and others. In the United States, the primary set of laws for determining these distinctions is found in our immigration policy. The term immigration law refers to a rather narrow set of rules covering essentially two aspects of a non-citizen's stay in the United States: first, those rules that... 2008
Beverly Baker-Kelly United States Immigration: a Wake up Call! 37 Howard Law Journal 283 (Winter, 1994) The purpose of this paper is to issue a wake-up call without sounding an alarm. The immigration debate has become so polarized and politicized that certain fundamental issues have escaped serious scrutiny. This paper encapsulates a few of the sometimes intractable issues raised by immigration with the hope that it triggers substantive public... 1994
Daniel R. Schutrum-Boward United States V. Texas and Supreme Court Immigration Jurisprudence: a Delineation of Acceptable Immigration Policy Unilaterally Created by the Executive Branch 76 Maryland Law Review 1193 (2017) The United States has become increasingly dependent on immigrants. Immigrants aid in providing U.S. citizens with a myriad of services, making possible crucial aspects of our lives. However, many of these hardworking individuals remain undocumented and, therefore, live with the constant possibility of being detained by immigration authorities,... 2017
Hana E. Brown , Jennifer A. Jones , Taylor Dow Unity in the Struggle: Immigration and the South's Emerging Civil Rights Consensus 79 Law and Contemporary Problems Probs. 5 (2016) In October of 2015, North Carolina Governor Pat McCrory signed into law a bill that banned counties and cities in the state from declaring themselves sanctuaries for undocumented immigrants. Though they take many forms, self-declared sanctuary cities typically refuse to allocate municipal funds or resources toward immigration enforcement efforts... 2016
Lindsay F. Wiley UNIVERSALISM, VULNERABILITY, AND HEALTH JUSTICE 70 UCLA Law Review Discourse 204 (5/27/2023) This Essay responds to two recent articles which, on the surface, appear to pull the health justice movement in different directions: Angela Harris and Aysha Pamukcu's The Civil Rights of Health and Martha Albertson Fineman's Vulnerability and Social Justice. As a framework for health law scholarship and advocacy, health justice emphasizes... 2023
Linus Chan Unjust Deserts: How the Modern Immigration System Lacks Moral Credibility 16 Ohio State Journal of Criminal Law 103 (Fall, 2018) On February 26, 2018, the mayor of Oakland decided to give a warning to residents of the North Bay of an impending action by Immigration and Customs Enforcement to find and arrest non-citizens for removal from the United States. Her office posted a statement on Twitter which among other things said, My priority is for the well-being and safety of... 2018
Molly F. Franck Unlawful Arrests and Over-detention of America's Immigrants: What the Federal Government Can Do to Eliminate State and Local Abuse of Immigration Detainers 9 Hastings Race and Poverty Law Journal 55 (Winter 2012) Marcotulio Mendez was a twenty-eight year-old Latino male who lived in Palm Beach County, Florida. One day while Marcotulio was driving home, a police officer from the Sheriff's Office began discretely following him, just a few blocks before Marcotulio reached his residence. Once Marcotulio exited the car and entered his yard, the officer turned on... 2012
Sarah Ganty , Dimitry V. Kochenov , Suryapratim Roy UNLAWFUL NATIONALITY-BASED BANS FROM THE SCHENGEN ZONE: POLAND, FINLAND, AND THE BALTIC STATES AGAINST RUSSIAN CITIZENS AND EU LAW 48 Yale Journal of International Law Online 1 (2023) In this Essay, we demonstrate that there is no legal way under current European Union (EU, the Union) law to adopt a citizenship-based ban on entering the Schengen zone. The de facto national-level ban against Russian citizens introduced by Poland, Finland, and the Baltic States breaches EU law. Further, amending the law to allow for a... 2023
Jason H. Lee Unlawful Status as a "Constitutional Irrelevancy"?: the Equal Protection Rights of Illegal Immigrants 39 Golden Gate University Law Review Rev. 1 (Fall 2008) In 1982, the Supreme Court decided Plyler v. Doe, the first and only case in which it has addressed the level of scrutiny applicable to state classifications of illegal immigrants under the Equal Protection Clause of the Fourteenth Amendment. In a complex and internally incoherent opinion, the Court declared that unlawful status is not a... 2008
Gurjot Kaur, Dana Sussman Unlocking the Power and Possibility of Local Enforcement of Human and Civil Rights: Lessons Learned from the Nyc Commission on Human Rights 51 Columbia Human Rights Law Review 582 (Winter, 2020) If you ask most people in the United States where to go to file a complaint of discrimination or receive assistance from the government in addressing discrimination, chances are that they will not likely be able to tell you. For those who do have some familiarity, they may point to the United States Equal Employment Opportunity Commission (EEOC),... 2020
Regina Morris Unmet Legal Needs of Dc Immigrants: How Substantive and Procedural Changes in the Laws Restrict Liberty and Deny Access to Justice 5 University of the District of Columbia Law Review 205 (Fall 2000) . . .[W]ith liberty and justice for all. The promise of social justice in America requires access to the legal system for both newly arrived and well established residents. However, recent substantive and procedural restrictions in the form of new laws have produced a huge unmet legal need within immigrant populations in the District of... 2000
Mariela Olivares Unreformed: Towards Gender Equality in Immigration Law 18 Chapman Law Review 419 (Spring 2015) The history of American immigration law and policy has hills and valleys, twists and turns. When it comes to the inclusion and exclusion of socially and politically marginalized communities into the fabric of U.S. citizenship and society, U.S. immigration law is characterized by its inhospitality. Not surprising when considered against the backdrop... 2015
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
César Cuauhtémoc García Hernández Unseen Exclusions in Voting and Immigration Law 17 Berkeley Journal of African-American Law & Policy 168 (2015) Nineteen sixty-five proved monumental in the history of race relations in the United States. In New York, Malcolm X was assassinated, while in Selma, Alabama, state police officers attacked civil rights marchers in what would come to be known as Bloody Sunday. That fall, Congress enacted two pieces of legislation that promised to alter the United... 2015
Jaclyn Kelley-Widmer UNSEEN POLICIES: TRUMP'S LITTLE-KNOWN IMMIGRATION RULES AS EXECUTIVE POWER GRAB 35 Georgetown Immigration Law Journal 801 (Spring, 2021) Throughout the Trump presidency, immigration horror stories riveted Americans and people across the globe. Over the past four years, splashy headlines highlighted the United States government's dehumanization and penalization of immigrants, from travel bans, to family separation, to the Wall. These stories not only captured public attention but... 2021
Nina Rabin Unseen Prisoners: Women in Immigration Detention Facilities in Arizona 23 Georgetown Immigration Law Journal 695 (Summer, 2009) L1-2Introduction . L3696 I. Background. 698 A. The Basics of Immigration Detention. 698 B. Women in Immigration Detention. 702 1. A Growing Population. 702 2. A Population with Distinctive Characteristics and Needs. 703 C. The Facilities. 703 D. Applicable Standards. 706 1. Detention Standards. 706 2. Other Applicable Standards. 707 3. Gender... 2009
Monika Batra Kashyap Unsettling Immigration Laws: Settler Colonialism and the U.s. Immigration Legal System 46 Fordham Urban Law Journal 548 (June, 2019) This Article flows from the premise that the United States is a present-day settler colonial society whose laws and policies function to support an ongoing structure of invasion called settler colonialism, which operates through the processes of Indigenous elimination and the subordination of racialized outsiders. At a time when U.S. immigration... 2019
Sherally Munshi UNSETTLING THE BORDER 67 UCLA Law Review 1720 (April, 2021) When scholars and lawmakers ask who should be allowed to cross borders, under what circumstances, on what ground, they often leave unexamined the historical formation of the border itself. National borders are taken for granted as the backdrop against which normative debates unfold. This Article intervenes in contemporary debates about border... 2021
Khaled A. Beydoun , Nura A. Sediqe UNVEILING: THE LAW OF GENDERED ISLAMOPHOBIA 111 California Law Review 465 (April, 2023) For far too long, unveiling has been the subject of imperial fetish and Muslim women the expedients for western war. This Article reclaims the term and serves the liberatory mission of reimagining how Islamophobia distinctly impacts Muslim women. By crafting a theory of gendered Islamophobia centering Muslim women rooted in law, this Article... 2023
Kristin Connor Updating Brignoni-ponce: a Critical Analysis of Race-based Immigration Enforcement 11 NYU Journal of Legislation and Public Policy 567 (2008) Introduction. 568 I. Current Law on the Permissible Use of Race in Immigration Enforcement. 570 A. Search and Seizure Standard for Police Stops. 570 B. Brignoni-Ponce: Reasonable Suspicion and Permissibility of Race as One of Many Factors. 572 C. Martinez-Fuerte: Rejecting Stigmatization Concerns and Allowing Secondary Checkpoint Stops without... 2008
John A. Powell , Eloy Toppin, Jr. UPROOTING AUTHORITARIANISM: DECONSTRUCTING THE STORIES BEHIND NARROW IDENTITIES AND BUILDING A SOCIETY OF BELONGING 11 Columbia Journal of Race and Law 1 (January, 2021) Authoritarianism is on the rise globally, threatening democratic society and ushering in an era of extreme division. Most analyses and proposals for challenging authoritarianism leave intact the underlying foundations that give rise to this social phenomenon because they rely on a decontextualized intergroup dynamic theory. This Article argues that... 2021
Michael S. Shaddix Usda Certified Legal Producers: a Program to Give Consumers a Voice and a Choice in Immigration Reform 21 San Joaquin Agricultural Law Review 291 (2011-2012) The illegal immigration of Mexican farm workers into the United States is a complex and far-reaching issue that affects businesses, consumers, and immigrants alike. In fact, the illegal immigration issue is the impetus behind vast amounts of proposed legislation at the local, state and national levels, with seventy-five percent of Americans... 2012
William J. Aceves ; Paul L. Hoffman Using Immigration Law to Protect Human Rights: a Legislative Proposal 20 Michigan Journal of International Law 657 (Summer 1999) Introduction. 658 I. The Legislative History Of The Nazi Persecution And Genocide Provisions. 662 II. A Review Of The Nazi Persecution And Genocide Provisions. 669 A. Ineligibility for Admission. 669 B. Preclusion from Waiver of Inadmissibility. 670 C. Denaturalization. 671 D. Deportation. 672 E. Ineligibility for Withholding of Removal on Grounds... 1999
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
Haylee R. Bunner VAGUE MADE VOGUE: THE UNCONSTITUTIONALITY OF THE PARTICULARLY SERIOUS CRIME BAR 54 Columbia Human Rights Law Review 999 (Spring, 2023) C1-2Table of Contents Introduction. 1002 I. The Evolution of the Particularly Serious Crime Bar and the Void for Vagueness Doctrine. 1006 A. The Current State of the Particularly Serious Crime Bar. 1006 1. Evolution of the Particularly Serious Crime Bar. 1008 2. Adjudicatory Evolution of the Particularly Serious Crime Bar Post-IIRIRA. 1019 B. The... 2023
Sarah M. Wood Vawa's Unfinished Business: the Immigrant Women Who Fall Through the Cracks 11 Duke Journal of Gender Law & Policy 141 (Spring 2004) Domestic violence is a crime that does not recognize racial, cultural, or socioeconomic barriers. Between 1992 and 1996, there were an average of 960,000 incidents of violence between partners in an intimate relationship per year; most of these victims were women. The case of the Latin American immigrant community is examined later in Part IV of... 2004
Nathan Virag, Esq. VBF GRANTEE SPOTLIGHT: THE ASSOCIATION OF AFRICANS LIVING IN VERMONT 48-WTR Vermont Bar Journal 40 (Winter, 2023) The Association of Africans Living in Vermont (AALV) is a nonprofit organization in Burlington that provides various free services to refugees and new Americans. The mission of the organization is to promote equal opportunity, dignity, and self-sufficiency for all refugee and immigrant individuals and families in Vermont. The AALV provides are... 2023
Jamie Rowen, Scott Blinder, Rebecca Hamlin , Department of Legal Studies and Political Science, University of Massachusetts, Amherst, Massachusetts, USA VICTIM, PERPETRATOR, NEITHER: ATTITUDES ON DESERVINGNESS AND CULPABILITY IN IMMIGRATION LAW 56 Law and Society Review 369 (September, 2022) This study examines whether there is popular support for a restrictive immigration policy aimed at denying safe haven to human rights abusers and those affiliated with terrorism. We designed a public opinion survey experiment that asks respondents to evaluate whether low level or high-level Taliban members who otherwise qualify for refugee status... 2022
Kavitha Sreeharsha Victims' Rights Unraveling: the Impact of Local Immigration Enforcement Policies on the Violence Against Women Act 11 Georgetown Journal of Gender and the Law 649 (2010) I. Background. 651 A. Local Enforcement of Immigration Law. 651 1. The 287(g) Program. 651 2. The Secure Communities Program. 655 3. Criminal Alien Program (CAP). 656 4. State and Local Anti-Immigration Laws. 657 B. Immigrant Victims. 658 1. VAWA: Law Enforcement and Domestic Violence. 658 2. Immigration Relief Under the Violence Against Women Act.... 2010
Bill Ong Hing Vigilante Racism: the De-americanization of Immigrant America 7 Michigan Journal of Race and Law 441 (Spring 2002) Ahmad Namrouti is giving up on America. It's just too difficult to be an Arab and live here, said the San Francisco grocer. I'm afraid, said the native of Jordan, who came here seven years ago to follow his dreams. I came here for freedom, to live here . . . for the good life . . . . At 59, Namrouti had just received his U.S. citizenship when... 2002
James Duff Lyall Vigilante State: Reframing the Minuteman Project in American Politics and Culture 23 Georgetown Immigration Law Journal 257 (Winter, 2009) Last spring, this journal published an essay by Jim Gilchrist, co-founder of the Minuteman Project. In that essay, Gilchrist argues that an illegal alien invasion (undocumented immigration) is to blame for a host of social ills--from crime, unemployment, pollution, and disease to traffic gridlock, high tuition costs, poor health care, and... 2009
Mary Romero, Marwah Serag Violation of Latino Civil Rights Resulting from Ins and Local Police's Use of Race, Culture and Class Profiling: the Case of the Chandler Roundup in Arizona 52 Cleveland State Law Review 75 (2005) I. Overview of the Chandler Roundup. 81 II. Urban Policing Practices and Constructing Citizenship. 83 III. Micro and Macroaggressions and Immigration Law Enforcement. 85 IV. Citizenship Socialization and Immigration Control. 91 V. Conclusion. 95 2005
Michael J. Nunez Violence at Our Border: Rights and Status of Immigrant Victims of Hate Crimes and Violence along the Border Between the United States and Mexico 43 Hastings Law Journal 1573 (August, 1992) The bosom of America is open to receive not only the Opulent and respectable Stranger, but the oppressed and persecuted of all nations and religions, whom we shall welcome to a participation of all our rights and privileges . -George Washington, 1783 Hello, Beaners! Starting a war with the white man, down on Dairy Mart road? We will definitely... 1992
Anna Henson VIRTUAL WHAC-A-MOLE: ADDRESSING THE PATCHWORK REGULATION OF ONLINE HATE SPEECH 31 Michigan State International Law Review 115 (2023) This note will discuss hate speech, why it's dangerous, and how it can spread without being detected. This leads to the exploration of existing international, national, and company regulations regarding online hate speech, the identification of holes and inadequacies, and ultimately suggestions for moving forward in a digital age. The note... 2023
Liz Bradley , Hillary Farber VIRTUALLY INCREDIBLE: RETHINKING DEFERENCE TO DEMEANOR WHEN ASSESSING CREDIBILITY IN ASYLUM CASES CONDUCTED BY VIDEO TELECONFERENCE 36 Georgetown Immigration Law Journal 515 (Winter, 2022) The COVID-19 pandemic forced courthouses around the country to shutter their doors to in-person hearings and embrace video teleconferencing (VTC), launching a technology proliferation within the U.S. legal system. Immigration courts have long been authorized to use VTC, but the pandemic prompted the Executive Office for Immigration Review (EOIR) to... 2022
Rebecca Sharpless VIRUS AS FOREIGN INVADER: U.S. VOTERS & THE IMMIGRATION DEBATE 75 University of Miami Law Review 547 (Winter, 2021) Nativist sentiments against classes of immigrants have existed since colonial times. But views about immigration and immigrants drive U.S. electoral politics now more than ever, accounting for a significant number of voters who crossed party lines in the 2016 presidential election. The COVID-19 pandemic has the potential to harden deeply-held... 2021
Leticia M. Saucedo , Maria Cristina Morales Voices Without Law: the Border Crossing Stories and Workplace Attitudes of Immigrants 21 Cornell Journal of Law & Public Policy 641 (Spring 2012) Introduction. 641 I. Border Crossing and Workplace Narratives in Action: The Construction Worker Project. 642 II. Background: A Brief History of the Growing Restrictions in Immigration Law. 643 A. The Current Border Crossing Landscape. 647 1. The Realities: Death, Trafficking, Injury and Economic Costs. 647 III. The Masculinities Narratives:... 2012
Federica Dell'Orto, Judith Wood WAIVERS OF INADMISSIBILITY REQUIREMENTS AND THEIR IMPACT ON APPLICANTS FOR ADJUSTMENT OF STATUS 2023 Federal Lawyer 10 (2023) Adjustment of status is the process of applying for lawful permanent residency in the United States, a process which allows transition from being a non-immigrant visa holder or a foreign national without status to lawful permanent residency. Adjusting status is an option available to only a few categories of people, amongst those: certain relatives... 2023
Ashley Poonia We Are All Family: Broadening the Family-based Immigration System to Include Extended Family Members 93 University of Detroit Mercy Law Review 159 (Winter 2016) The history of the United States is, in large, the history of immigrants. The three priorities that continue to govern the United States immigration system are skilled workers, family relationships, and refugee status. This Note will focus on the second priority: family relationships. Within the current immigration system, family relationships fall... 2016
Duane Rudolph WE HAVE THE RIGHT TO PLAY 26 University of Pennsylvania Journal of Law and Social Change 369 (2023) Abstract. This article evaluates landmark cases spanning almost seven decades from the Supreme Court of the United States dealing with sexual orientation and gender identity. The cases are as follows: (1) One, Inc. v. Olesen (1958); (2) Boutilier v. Immigration and Naturalization Service (1967); (3) Baker v. Nelson (1972); (4) Rowland v. Mad River... 2023
Jennifer Gordon We Make the Road by Walking: Immigrant Workers, the Workplace Project, and the Struggle for Social Change 30 Harvard Civil Rights-Civil Liberties Law Review 407 (Summer, 1995) Maria Luisa Paz, an undocumented woman who worked in a factory in her native Columbia, is employed by a commercial laundry, Sparrow Linens, together with 300 other workers from El Salvador, the Dominican Republic, and other Latin American countries. Their work consists of disinfecting, washing, pressing, and folding mounds of hospital linens. Paz's... 1995
Gregory Ablavsky , W. Tanner Allread WE THE (NATIVE) PEOPLE?: HOW INDIGENOUS PEOPLES DEBATED THE U.S. CONSTITUTION 123 Columbia Law Review 243 (March, 2023) The Constitution was written in the name of the People of the United States. And yet, many of the nation's actual people were excluded from the document's drafting and ratification based on race, gender, and class. But these groups were far from silent. A more inclusive constitutional history might capture marginalized communities' roles as... 2023
36 37 38 39 40 41 42 43 44 45 46