AuthorTitleCitationSummaryYear
Jonathan H. Wardle The Strategic Use of Mexico to Restrict South American Access to the Diversity Visa Lottery 58 Vanderbilt Law Review 1963 (November 1, 2005) I. Introduction. 1963 II. Setting the Stage. 1966 A. A Brief History. 1966 B. Policies and Principles. 1969 C. The Immigration Act of 1990. 1972 III. Enactment of the Diversity Visa Lottery. 1973 A. Background. 1974 B. In the Senate. 1974 C. In the House. 1976 1. Committee Hearings. 1977 2. Evolution of H.R. 4300. 1981 D. From Bill to Law. 1984 IV.... 2005
Ratna Kapur Travel Plans: Border Crossings and the Rights of Transnational Migrants 18 Harvard Human Rights Journal 107 (Spring, 2005) We are the people you never see. [Y]ou begin to give up the very idea of belonging. Suddenly, this thing, this belonging, it seems like some long, dirty lie. Come on, mohajir! Immigrant.. Pack-up double quick and be off to what gutter you choose. Dirty Pretty Things, a compelling, cross-cultural thriller from the United Kingdom, tells the complex... 2005
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
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
April McKenzie A Nation of Immigrants or a Nation of Suspects? State and Local Enforcement of Federal Immigration Laws since 9/11 55 Alabama Law Review 1149 (Summer 2004) Illegal immigration sparked nationwide debate in the 1990s, particularly on the local level. Many states were concerned about the financial burden imposed on them because of the lack of enforcement of federal immigration laws. The states demanded financial aid to offset the costs of social services provided, as well as requested overall immigration... 2004
Arístides Díaz-Pedrosa A Tale of Competing Policies: the Creation of Havens for Illegal Immigrants and the Black Market Economy in the European Union 37 Cornell International Law Journal 431 (2004) As long as it is possible to hire wetbacks at 10 cents an hour, they will be coming across the border until kingdom come. Introduction. 432 I. The Forces at Work in Transnational Immigration. 436 A. Push Factors of Immigration. 436 B. State Regulation of Immigration. 437 1. The Blessings. 438 2. The Burdens. 439 C. Labor Needs in the Receiving... 2004
Deborah A. Morgan Access Denied: Barriers to Remedies under the Violence Against Women Act for Limited English Proficient Battered Immigrant Women 54 American University Law Review 485 (December, 2004) Introduction. 486 I. Background. 490 A. The Violence Against Women Act. 490 B. The Story of May, an LEP Battered Immigrant Woman. 492 1. Language barriers to accessing VAWA information. 493 2. Language barriers to completing a VAWA application. 495 C. USCIS's Language Access Obligations Under Executive Order 13,166. 496 1. Title VI of the Civil... 2004
Nicole Jacoby America's De Facto Guest Workers: Lessons from Germany's Gastarbeiter for U.s. Immigration Reform 27 Fordham International Law Journal 1569 (April, 2004) In the summer of 2001, U.S.-Mexican talks on immigration reform reached a pinnacle. In an address to a joint session of Congress in September 2001, Mexican President Vicente Fox pressed for the legalization of undocumented Mexican workers in the United States and bilateral talks between the Mexican leader and his U.S. counterpart yielded promising... 2004
Gabriela A. Gallegos Border Matters: Redefining the National Interest in U.s.-mexico Immigration and Trade Policy 92 California Law Review 1729 (December, 2004) Introduction. 1730 I. The Standard Story: Economics-Based Justifications for Trade and Immigration Policies. 1734 A. Macroeconomics-Based Trade Liberalization Policy. 1735 B. Microeconomics-Based Restrictive Immigration Policy. 1738 II. The Real Story: Nativistic Racism Plus Economic Interest. 1740 A. Nativistic Racism Defined. 1740 B. Nativistic... 2004
Adam B. Cox Citizenship, Standing, and Immigration Law 92 California Law Review 373 (March, 2004) Introduction. 374 I. The Plenary Power as Standing Doctrine. 377 A. The Scope of Plenary Power Doctrine. 378 B. Justifications for Plenary Power Doctrine. 381 1. Judicial Deference. 382 2. Unlimited Congressional Power. 384 3. Alien Standing. 386 II. Citizen Injuries and Citizen Standing. 390 A. Associational Injuries. 391 B. Economic Injuries. 392... 2004
Lucy E. Salyer, University of New Hampshire David A. J. Richards, Italian American: the Racializing of an Ethnic Identity. New York: New York University Press, 1999. 273 Pp. $50.00 46 American Journal of Legal History 114 (January, 2004) From the perspective of a legal historian, this is an unusual book. Rather than an in-depth investigation of legal, ethnic, or immigration history, the book draws on moral and political philosophy with the aim of emphasizing the validity and importance of a multiculturalist perspective in contemporary American public law. The author builds on his... 2004
Lupe S. Salinas Deportations, Removals and the 1996 Immigration Acts: a Modern Look at the ex Post Facto Clause 22 Boston University International Law Journal 245 (Fall 2004) I. Introduction. 246 II. Concerns Over the Immigration Acts in the American Immigrant Community. 251 III. Congressional Plenary Power in the Area of Immigration and Naturalization. 253 IV. AEDPA and IIRIRA: The 1996 Immigration Acts and the Aggravated Felony . 255 V. The Supreme Court's Deportation Rulings--A Constitutional Enigma?. 260 VI.... 2004
Kevin R. Johnson Driver's Licenses and Undocumented Immigrants: the Future of Civil Rights Law? 5 Nevada Law Journal 213 (Fall 2004) In the United States, efforts to end racial discrimination have generally been viewed as struggles for basic civil rights. The anti-discrimination aim of the civil rights movement of the 1950s and 1960s might be considered the primary civil rights concern. With the help of cases like Brown v. Board of Education, officially sanctioned school and... 2004
Emilie Cooper Embedded Immigrant Exceptionalism: an Examination of California's Proposition 187, the 1996 Welfare Reforms and the Anti-immigrant Sentiment Expressed Therein 18 Georgetown Immigration Law Journal 345 (Winter, 2004) 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! While the Statue of Liberty claims to welcome the tired, the poor and the homeless to the United States of America, it has become increasingly... 2004
Elizabeth Keyes Expansion and Restriction: Competing Pressures on United Kingdom Asylum Policy 18 Georgetown Immigration Law Journal 395 (Winter, 2004) In November 2002, the British Parliament passed new legislation reforming its asylum system. The Nationality, Immigration and Asylum Act of 2002 is only the latest in a series of recent attempts to respond to domestic political pressures created largely by the rising number of asylum-seekers in the United Kingdom. In addition to domestic pressures,... 2004
Kevin K. McCormick Extraordinary Ability and the English Premier League: the Immigration, Adjudication, and Place of Alien Athletes in American and English Society 39 Valparaiso University Law Review 541 (Winter, 2004) Imagine playing the role of general manager for a professional soccer team. As the world's game, professional-caliber soccer players abound. After extensive scouting and preparation, four soccer prospects appear worthwhile to join the squad: a twenty-two-year-old forward who played magnificently at the World Cup, scored two huge goals at the FIFA... 2004
Elizabeth Heger Boyle, Fortunata Ghati Songora Formal Legality and East African Immigrant Perceptions of the "War on Terror" 22 Law & Inequality: A Journal of Theory and Practice 301 (Summer 2004) Ultimately, the meaning of law emerges from the interaction of law in the abstract, law in practical application, and law as the public perceives it. This Article focuses on the last category: the general assumptions and perceptions made about the law by ordinary individuals. We interviewed members of an immigrant community affected by the legal... 2004
Irwin P. Stotzky Haitian Refugees and the Rule of Law 61 Guild Practitioner 151 (Summer, 2004) All of us in this country, except perhaps for Native Americans, are either immigrants or the children of immigrants. Our roots, our origins, of course, suggest both subtle and stark cultural differences in the ways we live, view the world, behave. As a nation, a community, we publicly celebrate these differences. Moreover, the fact that the United... 2004
Quinn H. Vandenberg How Can the United States Rectify its Post-9/11 Stance on Noncitizens' Rights? 18 Notre Dame Journal of Law, Ethics & Public Policy 605 (2004) Changes in immigration law following Congress' 1996 legislation and post-September 11, 2001 legislation created an inhospitable and discriminatory environment for noncitizens. Pursuant to Congress' 1996 and post-9/11 legislation, increases in the scope of crime-related deportation grounds and lack of judicial review result in a system where... 2004
Katherine Culliton How Racial Profiling and Other Unnecessary Post-9/11 Anti-immigrant Measures Have Exacerbated Long-standing Discrimination Against Latino Citizens and Immigrants 8 University of the District of Columbia Law Review 141 (Fall 2004) Latinos are uniting with other immigrant communities and people of color in being extremely concerned about unnecessary post-9/11 actions that have led to civil liberties and civil rights violations. Although the Latino voting power has presumably increased, infringements of Latinos' and Latinas' civil rights appear to be on the rise. This is... 2004
Maria L. Ontiveros Immigrant Workers' Rights in a Post-hoffman World-organizing Around the Thirteenth Amendment 18 Georgetown Immigration Law Journal 651 (Summer, 2004) At the start of the twenty-first century, the impact of global labor and product markets presents our society with an enormous challenge and an enormous opportunity. We are challenged to provide decent jobs for all peoplejobs that provide fulfillment, empowerment, opportunity and material comfort. Our opportunity is the chance to answer this... 2004
Jill Keblawi Immigration Arrests by Local Police: Inherent Authority or Inherently Preempted? 53 Catholic University Law Review 817 (Spring, 2004) As a result of the terrorist attacks on September 11, 2001, President George W. Bush's Administration has used immigration policy as its primary weapon in terrorist prevention. Because there are only two thousand federal immigration agents and an estimated eight million undocumented immigrants, this Administration has encouraged the nation's... 2004
Alice M. Rivlin, Visiting Professor, Georgetown Public Policy Institute Impossible Subjects: Illegal Aliens and the Making of Modern America, by Mae M. Ngai, Princeton University Press, 2003, 368pp. 9 Georgetown Public Policy Review 87 (Spring, 2004) This fascinating book describes the evolution of United States immigration policy during its most restrictive period from the 1920's to the 1960's. The author starts with the xenophobia and red scares that led to the Johnson-Reed Act of 1924, which imposed tight limits on immigration through country quotas favoring Northern Europeans. She moves... 2004
Bernie D. Jones International and Transracial Adoptions: Toward a Global Critical Race Feminist Practice? 10 Washington and Lee Race and Ethnic Ancestry Law Journal 43 (Spring, 2004) The practice of international adoption places feminist legal scholars of family law in a quandary. Adopted orphaned and abandoned children in impoverished developing countries immigrate to the United States and Europe, gaining families and a higher standard of living. But these improved circumstances come at a cost. Their mothers suffer the effects... 2004
Andrew B. Ayers International Law as a Tool of Constitutional Interpretation in the Early Immigration Power Cases 19 Georgetown Immigration Law Journal 125 (Fall, 2004) I. Introduction: The Modern Controversy. 126 R1II. L2Reliance on International Law in the Early Immigration Power Cases. 131 A. The Early Immigration Power Cases. 133 B. Chae Chan Ping. 133 C. Nishimura Ekiu. 138 D. Fong Yue Ting. 139 E. Persuasive Authority. 141 III. International Law as Binding Authority?. 144 IV. International Law and Natural... 2004
Daniel J. Steinbock National Identity Cards: Fourth and Fifth Amendment Issues 56 Florida Law Review 697 (September, 2004) In the frenzied days and weeks following September 11, 2001, many observers called for serious consideration of a national identity system, the centerpiece of which would be some form of national identity card. Such a system was seen mainly as a tool against terrorists and also as a useful response to illegal immigration, identity theft, and... 2004
Devon A. Corneal On the Way to Grandmother's House: Is U.s. Immigration Policy More Dangerous than the Big Bad Wolf for Unaccompanied Juvenile Aliens? 109 Penn State Law Review 609 (Fall, 2004) When Little Red Riding Hood began her now infamous journey, she stepped onto a well-marked path designed to take her straight to her loving (albeit ailing) grandmother's house and home again. Neither Red Riding Hood nor her mother had any reason to fear that her outing would be anything but a safe and uneventful jaunt to take her grandmother a... 2004
Mark C. Weber Opening the Golden Door: Disability and the Law of Immigration 8 Journal of Gender, Race and Justice 153 (Spring 2004) The United States is a nation of immigrants. It is also a nation founded on ideals of equality, however imperfectly realized those ideals have always been. This Article considers the equality rights of people with disabilities who seek to pass through the golden door of immigration into the United States. After the early historical period of free... 2004
Victor Romero Race, Immigration, and the Department of Homeland Security 19 Saint John's Journal of Legal Commentary 51 (Fall 2004) Before I begin, I would like to thank Peter and Maureen for thinking of me and inviting me to participate. This is a rare thing for me because usually when I attend these symposia, I am one of many academics on panels, but today I am the only academic on this morning's panels and so this is a fun and new experience for me. I teach Immigration Law... 2004
  Soundoff 41-OCT Arizona Attorney Att'y 8 (October, 2004) I was heartened to read Our Immigrant Nation, by Grant Woods (July/August 2004 Ariz. Attorney, The Last Word). In his column, Grant spoke of being roundly booed by his party's faithful for suggesting that the Martin Luther King Holiday needed to be passed. It's what I've always admired about Grant's public life. He said and did what his heart... 2004
Michael J. Wishnie State and Local Police Enforcement of Immigration Laws 6 University of Pennsylvania Journal of Constitutional Law 1084 (May, 2004) Federal law enforcement agencies responded to the attacks of September 11, 2001, with forceful initiatives directed at noncitizens and their communities. Several of these measures raise grave civil rights concerns. Quite apart from investigations prompted by individualized leads, officials have singled out Arab, Muslim, and South Asian immigrants... 2004
Karen C. Tumlin Suspect First: How Terrorism Policy Is Reshaping Immigration Policy 92 California Law Review 1173 (July, 2004) Introduction. 1175 I. Immigrants Are People: The Traditional Constitutional Rights of Immigrants. 1182 II. The Government's Creation of a Suspect Group of Immigrants. 1184 III. The Erosion of Civil Liberties and Immigrants' Rights Since 9/11. 1193 A. Encroachment on the Public's Right to Information. 1193 B. Physical Liberty Violations. 1197 IV.... 2004
Thomas M. McDonnell Targeting the Foreign Born by Race and Nationality: Counter-productive in the "War on Terrorism"? 16 Pace International Law Review 19 (Spring 2004) I. Introduction. 20 II. War on Terrorism, Dangerously Overbroad Rhetoric. 23 III. Ethnic and Racial Profiling In the Wake of September 11. 24 A. Mass Arrests and Preventive Detention of Arab and Muslim Immigrants. 26 B. Conducting Secret (Closed) Immigration Hearings for the Arab and Muslim Immigrants Who Were Arrested and Detained. 28 1.... 2004
Hon. Paul Brickner , Meghan Hanson The American Dreamers: Racial Prejudices and Discrimination as Seen Through the History of American Immigration Law 26 Thomas Jefferson Law Review 203 (Spring 2004) For over two centuries, people from countries throughout the world have sought refuge in the United States. Whether they came to escape political or economic strife in their native countries, all were in search of the so-called American Dream. What originated as a welcoming immigration policy in the earliest days of our nation, however, was met... 2004
Kiera LoBreglio The Border Security and Immigration Improvement Act: a Modern Solution to a Historic Problem? 78 Saint John's Law Review 933 (Summer 2004) The United States is essentially a country of immigrants; however, current United States immigration policy fails to adequately safeguard the rights of certain immigrant groups. Our nation's views toward immigration have changed considerably over the decades. Today, there is a marked focus both in the political arena and in general public discourse... 2004
Michael M. Hethmon The Chimera and the Cop: Local Enforcement of Federal Immigration Law 8 University of the District of Columbia Law Review 83 (Fall 2004) Iobates sent Bellerophon away with orders to kill the Chimera that none might approach; a thing of immortal make, not human, lion-fronted and snake behind, a goat in the middle, and snorting out the breath of the terrible flame of bright fire. -- Homer, Iliad 6.179-182. The questions of if, when, and how local police can enforce federal immigration... 2004
Susan Burkhardt The Contours of Conformity: Behavioral Decision Theory and the Pitfalls of the 2002 Reforms of Immigration Procedures 19 Georgetown Immigration Law Journal 35 (Fall, 2004) I. Introduction. 36 II. Background of Immigration Law and Adjudication. 42 A. Deference and Delegation. 42 B. Structure of Administrative Immigration Adjudication. 43 R1III. L2Recent Procedural Changes in Adjudication of Immigration Cases. 44 A. Expanded Single-Member Review. 46 B. Decisions Without Opinion. 49 L2C. Heightened Standard of Review of... 2004
Huyen Pham The Inherent Flaws in the Inherent Authority Position: Why Inviting Local Enforcement of Immigration Laws Violates the Constitution 31 Florida State University Law Review 965 (Summer, 2004) I. Introduction. 965 II. The Evolution of the Inherent Authority Position. 968 A. Norm of Nonenforcement. 968 B. Instances of Local Enforcement. 970 C. Potential Efficiencies of Local Enforcement. 971 D. Why an Invitation? Tenth Amendment Constraints. 975 E. Preemption: The Legal Quagmire. 976 F. Civil v. Criminal Immigration Laws. 977 G. Emphasis... 2004
Paul Brickner The Passenger Cases (1849): Justice John Mclean's "Cherished Policy" as the First of Three Phases of American Immigration Law 10 Southwestern Journal of Law and Trade in the Americas 63 (2003-2004) I. Introduction. 64 II. Phase I: The Cherished Policy of Encouraging Foreign Migration. 66 A. Justice John McLean's Cherished Policy and The Passenger Cases. 66 B. Another Voice Supportive of Unrestricted Immigration, J. Prescott Hall, Esq.. 70 C. Chief Justice Roger B. Taney's Dissent: Benefits and Pitfalls of Immigration. 71 D. Justice Daniel... 2004
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
Alberto J. Perez Wet Foot, Dry Foot, No Foot: the Recurring Controversy Between Cubans, Haitians, and the United States Immigration Policy 28 Nova Law Review 437 (Winter 2004) I. Introduction. 437 II. Cuba and Emigration. 438 III. Haitian Emigration. 446 A. The Foundation of Haitian Emigration. 446 B. Laws Relating to Haitian Emigration. 450 IV. The Current Controversy Involving Cuban and Haitian Emigration. 454 V. Rational Basis Scrutiny as Applied to Alien Regulations and Their Constitutionality. 457 VI.... 2004
Beth Lyon When More "Security" Equals less Workplace Safety: Reconsidering U.s. Laws That Disadvantage Unauthorized Workers 6 University of Pennsylvania Journal of Labor and Employment Law 571 (Spring 2004) In the search for security, the United States is obscuring rights for low-income immigrant workers, and in so doing is sacrificing its own workplace safety. Poverty and unemployment all over the world drive millions of people to the United States in search of jobs, meeting strong employer demand for low-wage labor. As a result, the United States is... 2004
Maria Bucci Young, Alone, and Fleeing Terror: the Human Rights Emergency of Unaccompanied Immigrant Children Seeking Asylum in the United States 30 New England Journal on Criminal and Civil Confinement 275 (Summer, 2004) Imagine being forced to abandon your home, your belongings, your everyday life. Imagine being separated from . your family . [and] herded into a camp alongside thousands of others . as a massive purge sweeps your country. Meena awoke to the sound of gunfire. The sounds of violence and destruction were not new or surprising, yet an intense fear... 2004
Ruben J. Garcia Across the Borders: Immigrant Status and Identity in Law and Latcrit Theory 55 Florida Law Review 511 (January, 2003) I. L2-3,T3Introduction 512. II. L2-3,T3The Porous Borders of Existing Legal Doctrines 515. A. Workplace Law: Weak Protection of Immigrants. 515 B. Fair Housing Law: No Home for the Immigrant Worker. 520 C. Darkness: Public Accommodations, Hate Crimes, and Street Harassment. 522 D. The Mutually Constitutive Nature of Law and Society. 523 III.... 2003
Juliet Stumpf, Bruce Friedman Advancing Civil Rights Through Immigration Law: One Step Forward, Two Steps Back? 6 NYU Journal of Legislation and Public Policy 131 (2002-2003) The migration of the labor pool across international borders forces nations to face conflicting pressures to maintain the cultural and economic status of the current population, while at the same time responding to the demand for more labor. In the United States, the response to this problem is immigration law-- the primary tool that the... 2003
Melissa Cook Banished for Minor Crimes: the Aggravated Felony Provision of the Immigration and Nationality Act as a Human Rights Violation 23 Boston College Third World Law Journal 293 (Spring, 2003) Abstract: The aggravated felony provision of the U.S. Immigration and Nationality Act was was originally intended to provide for the deportation of non-citizens convicted of very serious crimes. Over the last 15 years, however, the provision has been consistently expanded to include a plethora of minor crimes that are neither aggravated nor... 2003
Asli Ü Bâli Changes in Immigration Law and Practice after September 11: a Practitioner's Perspective 2 Cardozo Public Law, Policy and Ethics Journal 161 (December 1, 2003) Although America is properly described as a nation of immigrants, periods of national crisis have revealed the vulnerability of immigrants' rights to hysteria and repression. When national security is threatened, this country has a blemished history of targeting immigrant communities. This is exemplified by the anti-Catholic animus of the... 2003
Victor C. Romero Decoupling "Terrorist" from "Immigrant:" an Enhanced Role for the Federal Courts Post 9/11 7 Journal of Gender, Race and Justice 201 (Spring 2003) Immigration law is traditionally understood to encompass the rules that govern foreign citizens' entry into and departure from the United States, and may therefore be seen as an important domestic arm of the nation's foreign policy power. Immigration law is the exclusive purview of the federal government. While there are times when federal law... 2003
Kenya Hart Defending Against a "Death by English" : English-only, Spanish-only, and a Gringa's Suggestions for Community Support of Language Rights 14 Berkeley La Raza Law Journal 177 (Fall 2003) Introduction. 178 I. Language Minorities and Language Legislation in the United States. 182 A. Immigrants and Immigration. 182 B. Minority Languages. 184 C. The English-Only Movement. 185 II. English-Only, Spanish-Only, and First Amendment Interests. 189 A. Article 28 and Yniguez v. Arizonans for Official English. 191 1. Article 28 of the Arizona... 2003
Michele Totah Fortress Italy: Racial Politics and the New Immigration Amendment in Italy 26 Fordham International Law Journal 1438 (May, 2003) We need a law that can deal with these invasions, otherwise crime will continue to rise and Italian culture will be threatened . . . People who come to Italy must come to work. We will make illegal immigration a serious crime . . . Stop treating illegal immigrants like normal people. Only people who have got work contracts can come in. And we need... 2003
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