AuthorTitleCitationSummaryYear
Ruben J. Garcia Ghost Workers in an Interconnected World: Going Beyond the Dichotomies of Domestic Immigration and Labor Laws 36 University of Michigan Journal of Law Reform 737 (Summer 2003) Beginning with the September 11, 2001 (9/11) terrorist attacks, the labor movement's plans to organize immigrant workers and achieve immigration reform have met serious challenges. After 9/11, the political climate surrounding immigrants put the AFL-CIO's hopes for legislative reform on hold, because of socially perceived connections between... 2003
Kathleen Anne Harvey How Does Immigration Law Today Affect Your Domestic Law Practice? 72-MAY Journal of the Kansas Bar Association 16 (May, 2003) The Chinese Exclusion Act of 1888 was America's first law restricting immigration by race or nationality to the United States. The USA PATRIOT Act of 2001, and the Homeland Security Act of 2002 are the latest government efforts to tighten restrictions on aliens both present or entering the United States. Between 1888 and 2003, we have seen several... 2003
Michael J. Wishnie Immigrants and the Right to Petition 78 New York University Law Review 667 (May 1, 2003) Today in the United States, millions of undocumented persons are working long hours for illegally low pay, in workplaces that violate health and safety codes, for employers who defy labor and antidiscrimination laws. Many more fall victim to criminal activity, forced into involuntary servitude and subjected to physical abuse. Yet these immigrants... 2003
Howard F. Chang Immigration and the Workplace: Immigration Restrictions as Employment Discrimination 78 Chicago-Kent Law Review 291 (2003) I. The Liberal Ideal and the Cosmopolitan Perspective. 295 A. Immigration Restrictions and Global Economic Welfare. 296 B. Justice and the Alien. 298 II. Immigration Restrictions and National Economic Welfare. 303 A. Effects of Immigration in the Labor Market. 304 1. Effects on Native Workers: Empirical Evidence. 305 2. Income Distribution and the... 2003
Hiroshi Motomura Immigration and We the People after September 11 66 Albany Law Review 413 (2003) Immigration and citizenship issues are part of a larger discussion about how America should respond to the terrorist attacks of September 11, 2001. At the same time, how America should respond to terrorism is part of a larger discussion of immigration and citizenship issues. Both of these discussions are part of an ongoing conversation about... 2003
Jan Ting Immigration Law Reform after 9/11: What Has Been and What Still Needs to Be Done 17 Temple International and Comparative Law Journal 503 (Fall 2003) So here we are, eighteen months after the terrorist attacks of September 11, 2001 (9/11), and the most significant event of the past eighteen months is what did not happen. The United States has not experienced another terrorist attack on the scale of 9/11. Would any of us have dared to so predict eighteen months ago? Why have we experienced no... 2003
Ruchir Patel Immigration Legislation Pursuant to Threats to Us National Security 32 Denver Journal of International Law and Policy 83 (Winter 2003) This article will examine the United States' immigration legislation in the face of threats to national security. Throughout history foreign enemies have threatened the American way of life, from the Germans in World War I, to the spread of Communism, to the current threat of terrorism. As history has demonstrated, the U.S. has taken drastic... 2003
Kevin R. Johnson Immigration, Civil Rights, and Coalitions for Social Justice 1 Hastings Race and Poverty Law Journal 181 (Fall, 2003) In the face of persistent attacks in the popular press, as well as academia, the critical study of the impact of race on the social fabric of the United States continues. Immigration law historically has been considered a specialty area of practitioners spurned by academics. However, the treatment of aliens, particularly noncitizens of color,... 2003
Sarah Cleveland, Beth Lyon, Rebecca Smith Inter-american Court of Human Rights Amicus Curiae Brief: the United States Violates International Law When Labor Law Remedies Are Restricted Based on Workers' Migrant Status 1 Seattle Journal for Social Justice 795 (Spring/Summer, 2003) On March 27, 2002, the U.S. Supreme Court decided a case called Hoffman Plastic Compounds, Inc. v. NLRB. In Hoffman, the Supreme Court held that a worker who is undocumented could not recover the remedy of back pay under the National Labor Relations Act (NLRA). The case involved an immigrant worker named José Castro who was working in a factory in... 2003
  Most RelevantChildren's Section on the Educational Impact of Youth's Immigration Experience 7 U.C. Davis Journal of Juvenile Law & Policy 355 (Summer 2003) In this issue, the Children's Section focuses on the educational experience of youth immigrating to the United States. Interviews with two individuals who immigrated to this country as young children provide first-hand perspectives on how to effectively integrate immigrating youth into the American educational system. Drawings depicting immigrant... 2003
Robert S. Chang Most RelevantMigrations, Citizens and Latinas/os: the Sojourner's Truth and Other Stories 55 Florida Law Review 479 (January, 2003) I. Centering the Immigrant. 481 II. The Border, the Family, and the Nation. 484 III. My House in the Last World. 486 IV. The Sojourner's Truth. 488 2003
Kevin R. Johnson Most RelevantSeptember 11 and Mexican Immigrants: Collateral Damage Comes Home 52 DePaul Law Review 849 (Spring 2003) The federal government responded swiftly to the mass destruction and horrible loss of life on September 11, 2001. Quickly initiating a war on terror, the U.S. government pursued military action in Afghanistan. The violation of the civil rights of Arab and Muslim noncitizens in the United States followed as well. In the months immediately after... 2003
Victor C. Romero Noncitizen Students and Immigration Policy Post-9/11 17 Georgetown Immigration Law Journal 357 (Spring, 2003) My task is to describe the post-9/11 world for noncitizens students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to... 2003
Kevin R. Johnson Open Borders? 51 UCLA Law Review 193 (October, 2003) U.S. immigration law is premised on the fundamental idea that it is permissible, desirable, and necessary to restrict immigration into the United States and to treat borders as a barrier to entry rather than a port of entry. In this Article, Kevin Johnson seeks to add to the scholarly dialogue on immigration law by considering the possible... 2003
Shirin Sinnar Patriotic or Unconstitutional? The Mandatory Detention of Aliens under the Usa Patriot Act 55 Stanford Law Review 1419 (April, 2003) Introduction. 1420 I. Statutory Analysis: The USA Patriot Act Immigration Provisions. 1422 A. Section 412: Mandatory Detention of Certified Aliens. 1424 B. The Effect of Section 412. 1426 II. The Due Process Clause of the Fifth Amendment. 1427 III. Procedural Due Process. 1429 A. Is There a Protected Liberty Interest?. 1429 B. What Process Is... 2003
Victor C. Romero Proxies for Loyalty in Constitutional Immigration Law: Citizenship and Race after September 11 52 DePaul Law Review 871 (Spring 2003) I want to share with you some thoughts about using citizenship and race as proxies for loyalty in constitutional immigration discourse within two contexts: one historical and one current. The current context is the profiling of Muslim and Arab immigrants post-September 11, and the historical context is the distinction the Constitution draws between... 2003
Richard A. Boswell Racism and U.s. Immigration Law: Prospects for Reform after "9/11?" 7 Journal of Gender, Race and Justice 315 (Fall 2003) I. Introduction II. Brief History of Racial Exclusion in U.S. Immigration Policy A. Mexican, Asian and African Exclusion B. The National Origin Quota C. The 1965 Immigration Act D. The 1964 Civil Rights Laws E. The Modern Reform Movements III. Problems in the Immigration System A. Structural Barriers B. Doctrinal Barriers C. Attitudinal Barriers... 2003
Harvey Gee Semblances of Sovereignty: the Constitution, the State, and American Citizenship, T. Alexander Aleinikoff, Harvard University Press, 2002. Pp. 223. 16 Saint Thomas Law Review 147 (Fall 2003) A major contribution to the contemporary thinking about immigration, citizenship, and assimilation is offered by Georgetown Law Center Law Professor T. Alexander Aleinikoff in his recent volume, Semblances of Sovereignty: The Constitution, the State, and American Citizenship. The book helps to advance the immigration debate and define what it means... 2003
Peter A. Le Piane Stateless Corporations: Challenges the Societas Europaea Presents for Immigration Laws 18 Saint John's Journal of Legal Commentary 311 (Fall 2003) Since the 1882 Chinese Exclusion Act, the United States has instituted complex and systematic controls on immigration. Under the current system of immigration, an alien who intends to enter the United States is inadmissible unless he or she fits into one of the narrowly defined exceptions embodied by the alphabet soup of visa categories and is... 2003
Professor Leti Volpp Syllabus: Asian Pacific Americans and the Law 10 Asian Law Journal 97 (May, 2003) Yen Le Espiritu, Asian American Panethnicity: Bridging Institutions and Identities 1-2, 12-18 (1992). Lisa Lowe, Heterogeneity, Hybridity, Multiplicity: Asian American Differences, in Immigrant Acts: On Asian American Cultural Politics 60-83 (1996). Chris Iijima, The Era of We-Construction: Reclaiming the Politics of Asian Pacific American Identity... 2003
Kevin R. Johnson The Case for African American and Latina/o Cooperation in Challenging Racial Profiling in Law Enforcement 55 Florida Law Review 341 (January, 2003) I. L2-3,T3Racial Profiling in Law Enforcement 343. A. Criminal Law Enforcement. 343 B. Immigration Enforcement. 347 II. L2-3,T3Similar Harms, Common Concerns, and the Relationship Between Different Forms of Race-Based Law Enforcement 353. III. L2-3,T3The Efficacy of Multiracial Coalitions in Challenging Racial Profiling in Law Enforcement 357. IV.... 2003
Ming-sung Kuo The Duality of Federalist Nation-building: Two Strains of Chinese Immigration Cases Revisited 67 Albany Law Review 27 (2003) The terrorist attacks on September 11, 2001 rekindled the national debate on the status of non-citizen immigrants in the United States. While the ostensible cause of this debate--a massive atrocity committed by non-U.S. citizens--is new, its substance is not. Over a century ago, two cases involving the constitutional status of Chinese immigrants in... 2003
Kathryn Lohmeyer The Pitfalls of Plenary Power: a Call for Meaningful Review of Nseers "Special Registration" 25 Whittier Law Review 139 (Fall 2003) The benefit of having an agency that fights terrorism control immigration over Attorney General Ashcroft's Department of Justice is, I assume, as obscure to others as it is to me. On September 11, 2001, terrorist attacks on New York City and Washington, D.C. held our nation transfixed in fear. We quickly learned that the terrorists had been... 2003
Mae M. Ngai The Strange Career of the Illegal Alien: Immigration Restriction and Deportation Policy in the United States, 1921-1965 21 Law and History Review 69 (Spring, 2003) In January 1930 officials of the Bureau of Immigration testified about the Border Patrol before a closed session of the House Immigration Committee. Henry Hull, the commissioner general of immigration, explained that the Border Patrol did not operate on the border line but as far as one hundred miles back of the line. The Border Patrol, he... 2003
Kevin R. Johnson The Struggle for Civil Rights: the Need For, and Impediments To, Political Coalitions among and Within Minority Groups 63 Louisiana Law Review 759 (Spring, 2003) The ominous title of this conference-Is Civil Rights Law Dead?-is in no small part a sign of the times. The last few years have seen dire setbacks in civil rights law, including but not limited to attacks on affirmative action, passage of restrictionist immigration legislation and welfare reform, imposition of limits on civil rights litigation,... 2003
Margot Canaday Who Is a Homosexual?: the Consolidation of Sexual Identities in Mid-twentieth-century American Immigration Law 28 Law and Social Inquiry 351 (Spring 2003) This essay uses court records to trace the federal government's attempts to regulate homosexuality among immigrants in the mid-twentieth century, asserting that such attempts illustrate the state's struggle to make homosexuality visible, to produce a homosexuality that could be both detected and managed. I focus on the process by which two... 2003
Michelle Carey You Don't Know If They'll Let You out in One Day, One Year, or Ten Years . . . Indefinite Detention of Immigrants after Zadvydas V. Davis 24 Chicano-Latino Law Review 12 (Spring 2003) They just lock us up and throw away the key. It's like a people business for them. They don't care about us. They have beds here and it's like they're losing business unless they fill up the beds. So they just keep us locked down . . . I understand that I made a mistake, but I already did my time for that. Here I don't even know how much time I... 2003
Harvey Gee A Review of Frank Wu's Renegotiating America's Multi-colored Lines 5 New York City Law Review 203 (Fall 2002) During the mid-1990s, affirmative action and immigration were the most controversial political issues of the day. The fact that both subjects concerned race was perhaps part of the reason for this great fervor. As many Americans reevaluated civil rights policy, especially affirmative action, remarkably, there was virtually no discussion of the... 2002
Bill Ong Hing Answering Challenges of the New Immigrant-driven Diversity: Considering Integration Strategies 40 Brandeis Law Journal 861 (Summer, 2002) In an odd manner, the tragic events of September 11th served as a reminder that the United States is a nation of immigrants that has grown more and more diverse since the 1965 amendments to the country's immigration laws. As the nation reeled from the attacks, we regrouped in incredible demonstrations of unity and patriotism. Yet, an ugly side of... 2002
Natsu Taylor Saito Asserting Plenary Power over the "Other": Indians, Immigrants, Colonial Subjects, and Why U.s. Jurisprudence Needs to Incorporate International Law 20 Yale Law and Policy Review 427 (2002) I. Human Rights and the Contradictions Within U.S. Law. 427 II. Origins of the Plenary Power Doctrine: The 19th Century Cases. 433 A. Immigrants. 434 B. Indian Nations. 437 C. External Colonies. 443 III. Plenary Power Today: The Doctrine and the Destruction. 447 A. Immigrants. 447 B. Indian Nations. 451 C. External Colonies. 455 IV. The Inadequacy... 2002
Adrienne R. Bellino Changing Immigration for Arabs with Anti-terrorism Legislation: September 11 Was Not the Catalyst 16 Temple International and Comparative Law Journal 123 (Spring 2002) September 11, 2001 marked the largest terrorist attack to ever take place on U.S. soil. Terrorists, an amorphous group of people who are difficult to identify and retaliate against, perpetuated this attack. Retaliation appeared evident, however, in Congress' rush to legislate via the USA PATRIOT Act of 2001. This legislation was perceived as a... 2002
Victor C. Romero Devolution and Discrimination 58 New York University Annual Survey of American Law 377 (2002) One way to determine whether the national or the state governments should have the power over immigration, that is, the ability to regulate the flow of noncitizens into a polity, is to look at the text of the U.S. Constitution, which purports to allocate powers between these entities. Unfortunately, the word immigration appears nowhere in the... 2002
David Cole Enemy Aliens 54 Stanford Law Review 953 (May, 2002) Come on, let us deal wisely with them; lest they multiply, and it come to pass, that, when there falleth out any war, they join also unto our enemies, and fight against us, and so get them up out of the land. Exodus 1:10 To those who pit Americans against immigrants and citizens against non-citizens, to those who scare peace-loving people with... 2002
Erin M. O'Callaghan Expedited Removal and Discrimination in the Asylum Process: the Use of Humanitarian Aid as a Political Tool 43 William and Mary Law Review 1747 (March, 2002) In 1996 Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Through this act, Congress attempted to combat illegal immigration, while revamping the asylum process in the United States. Some of the harshest new measures were instituted under the expedited removal system. This system allows the Immigration and... 2002
David M. Turoff Illegal Aliens: Can Monetary Damages Be Recovered from Countries of Origin under an Exception to the Foreign Sovereign Immunities Act? 28 Brooklyn Journal of International Law 179 (2002) For many years the United States (U.S.) has struggled with the high costs of illegal immigration, mounting to $5.4 billion in public assistance alone in 1990, according to one study. In response the federal government has restricted social service and health care benefits paid to illegal aliens. Affected states, including Arizona, California,... 2002
Kenneth Juan Figueroa Immigrants and the Civil Rights Regime: Parens Patriae Standing, Foreign Governments and Protection from Private Discrimination 102 Columbia Law Review 408 (March, 2002) Easily identified by race and certain shared social characteristics, today's immigrants are particularly susceptible to private discrimination. While immigrants are protected by a series of federal antidiscrimination statutes, enforcement of these statutes is complicated by the existence of various social obstacles and by the fact that state and... 2002
Sameer M. Ashar Immigration Enforcement and Subordination: the Consequences of Racial Profiling after September 11 34 Connecticut Law Review 1185 (Summer, 2002) I appreciate the opportunity offered by this Symposium to reflect on the questions raised by immigration enforcement activities undertaken since the September 11 attacks. Like many others in New York and elsewhere, the shock of the collapse of the World Trade Center towers caused me to lose sensation in some part of myself. The spate of hate crime... 2002
Marie A. Taylor Immigration Enforcement Post-september 11: Safeguarding the Civil Rights of Middle Eastern-american and Immigrant Communities 17 Georgetown Immigration Law Journal 63 (Fall, 2002) The terrorist attacks of September 11, 2001 caused untold suffering and resulted in the loss of thousands of lives. They will almost certainly be remembered as one of the worst tragedies experienced by the United States. In the wake of the attacks fear and outrage gripped the nation. With much popular support, the Bush administration and a... 2002
Nora V. Demleitner Immigration Threats and Rewards: Effective Law Enforcement Tools in the "War" on Terrorism? 51 Emory Law Journal 1059 (Summer 2002) Since September 11, 2001, the United States has witnessed the mass arrests of Arab and Muslim immigrants. While none of these men have been charged with terrorism-related offenses, most of them have been held in immigration detention. Some have been deported because of immigration violations or prior criminal convictions which were not related to... 2002
Michael J. Wishnie Introduction: Immigration and Federalism 58 New York University Annual Survey of American Law 283 (2002) Two of the most important legal trends of recent years have been the dramatic changes in the nation's immigration laws and the general devolution of decision-making authority from federal to state and local governments. The papers for this symposium address the convergence of these two trends, by examining the numerous issues of policy, principle,... 2002
Rachel E. Rosenbloom Is the Attorney General the Custodian of an Ins Detainee? Personal Jurisdiction and the "Immediate Custodian" Rule in Immigration-related Habeas Actions 27 New York University Review of Law and Social Change 543 (2001-2002) Habeas corpus, the Great Writ, allows those in government custody to challenge the legality of their confinement. Individuals may petition federal courts for writs of habeas corpus to review such diverse forms of custody as state court criminal sentences, military draft orders, and orders of deportation. For those in the custody of the... 2002
Sanford G. Hooper Judicial Minimalism and the National Dialogue on Immigration: the Constitutional Avoidance Doctrine in Zadvydas V. Davis 59 Washington and Lee Law Review 975 (Summer, 2002) The constitutional avoidance doctrine is a canon of construction dictating that where a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, [a court's] duty is to adopt the latter. Although the avoidance doctrine is nearly a century... 2002
Kevin R. Johnson Latinas/os and the Political Process: the Need for Critical Inquiry 81 Oregon Law Review 917 (Winter 2002) Migration from Mexico to the United States was a fact of life in the twentieth century. It continues in the new millennium, with more than 200,000 lawful immigrants from Mexico--the largest contingent of immigrants from any nation-- coming to the United States in 2001 alone. An important part of the nation's labor force, Mexican immigrants... 2002
Leti Volpp Migrating Identities: on Labor, Culture, and Law 27 North Carolina Journal of International Law and Commercial Regulation 507 (Spring 2002) If Asians would just stop abusing their own, we'd be rid of sweatshops. When is the language of culture used to explain the exploitation of immigrant workers? Cultural pathology arguments are made by those seeking to defend corporate practices and in turn, are invoked by advocates defending the rights of immigrant workers. This essay examines the... 2002
Sylvia R. Lazos Vargas Missouri, the "War on Terrorism," and Immigrants: Legal Challenges Post 9/11 67 Missouri Law Review 775 (Fall 2002) The 2000 census confirmed what many already knew--the traditional image of what it means for Missouri to be a heartland state is changing. The 2000 census shows that the fastest growing racial/ethnic group in Missouri are Latinos. A total of 118,592 Missourians self identify as Latinos, almost doubling during the last decade. Latino growth has... 2002
Roland Estevez Modern Application of the Cuban Adjustment Act of 1966 and Helms-burton: Adding Insult to Injury 30 Hofstra Law Review 1273 (Summer 2002) Remember, remember always that all of us, and you and I especially, are descended from immigrants and revolutionists.--President Franklin D. Roosevelt In the summer of 1955, while in the Mexican apartment of Cuban exile Maria Antonia Gonzalez, two young and well-educated men, one a doctor and the other a lawyer, met and developed a friendship... 2002
NORA V. DEMLEITNER, JON M. SANDS Assistant Federal Public Defender, District of Arizona Non-citizen Offenders and Immigration Crimes: New Challenges in the Federal System 2002 Federal Sentencing Reporter 31304859 (March 1, 2002) In absolute numbers the last decade has seen the largest influx of immigrants in the history of the United States. With the rise in immigration, the United States has also witnessed an increase in the number of non-citizens under the supervision of the criminal justice system. The vast increase in immigration has raised a series of important... 2002
Leslie Castro, Chris Nugent, Andrew Painter, Andrew Morton, Christina DeConcini, Kareem Shora, Carol Wolchok, Steven Lang Perversities and Prospects: Whither Immigration Enforcement and Detention in the Anti-terrorism Aftermath? 9 Georgetown Journal on Poverty Law and Policy Pol'y 1 (Winter, 2002) We must not establish by law within our own borders the very tyranny that we are now pledged to destroy. Foreword: Leslie Castro. 1 I. Remarks of Moderator Chris Nugent. 2 II. Remarks of Panelist Andrew Painter. 9 III. Remarks of Panelist Andrew Morton. 13 IV. Remarks of Panelist Christina DeConcini. 17 V. Remarks of Panelist Kareem Shora. 22 VI.... 2002
Susan M. Akram , Kevin R. Johnson Race, Civil Rights, and Immigration Law after September 11, 2001: the Targeting of Arabs and Muslims 58 New York University Annual Survey of American Law 295 (2002) Although only time will tell, September 11, 2001, promises to be a watershed in the history of the United States. After the tragic events of that day, including the hijacking of four commercial airliners for use as weapons of mass destruction, America went to war on many fronts, including but not limited to military action in Afghanistan. As... 2002
Enid Trucios-Haynes Temporary Workers and Future Immigration Policy Conflicts: Protecting U.s. Workers and Satisfying the Demand for Global Human Capital 40 Brandeis Law Journal 967 (Summer, 2002) Immigration should not be our principal public policy response to temporary labor shortages. [I]mmigration must be part of an overall human resources policy that recognizes the needs of members of our own society who have been left behind. The United States has relied on its national immigration policy to increase the available labor pool since... 2002
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