AuthorTitleCitationSummaryYear
Todd Stevens Tender Ties: Husbands' Rights and Racial Exclusion in Chinese Marriage Cases, 1882-1924 27 Law and Social Inquiry 271 (Spring 2002) When Congress ended the immigration of Chinese laborers in 1882, the Chinese population was over 95% male. While there has been much disagreement about why so few women came, the more fruitful question may be to ask how Chinese women were able to immigrate to the United States at all. Central to their immigration were legal arguments for lawful... 2002
Javier Talamo The Cuban Adjustment Act: a Law under Siege? 8 ILSA Journal of International and Comparative Law 707 (Spring, 2002) I. L2-3,T3Introduction 707. II. L2-3,T3Cuban Adjustment Act of 1966: Congressional Intent 708. III. L2-3,T3Application and Use in Subsequent Migration Crisis: Mariel-Guantanamo 711. IV. L2-3,T3Enforcement or Circumvention of the Cuban Adjustment Act? 716. V. L2-3,T3INS Interpretation of the Illegal Immigration and Immigrant Responsibility of 1996... 2002
Kevin R. Johnson The End of "Civil Rights" as We Know It?: Immigration and Civil Rights in the New Millennium 49 UCLA Law Review 1481 (June, 2002) This Article considers how emerging critical scholarship contributes to our understanding of the civil rights implications of immigration law and its enforcement. It further analyzes how immigration generates, and will continue to generate, new civil rights controversies in the United States for the foreseeable future. The nation has only begun to... 2002
Kristalee Guerra The Policy and Politics of Illegal Immigrant Health Care in Texas 3 Houston Journal of Health Law & Policy 113 (Fall 2002) This comment will focus on the July 2001 Texas Attorney General advisory decision that barred Texas county hospital districts from providing preventive health services to undocumented immigrants. Although illegal immigrants can still receive medical care for emergency conditions, immunizations, and communicable diseases, the Attorney General's... 2002
Victor C. Romero The Selective Deportation of Same-gender Partners: in Search of the "Rara Avis" 56 University of Miami Law Review 537 (April, 2002) In Adams v. Howerton, the Ninth Circuit adjudicated an issue that may become an important civil rights concern during this millennium: Is it constitutional for Congress to deny immigration benefits to the foreign same-gender partner of a United States citizen? The panel upheld the constitutionality of interpreting Immigration and Nationality Act... 2002
Theodore W. Maya To Serve and Protect or to Betray and Neglect?: the Lapd and Undocumented Immigrants 49 UCLA Law Review 1611 (June, 2002) In this Comment, Theodore Maya examines Special Order 40, the Los Angeles Police Department's (LAPD's) internal mandate limiting officers' ability to question Los Angelenos about their immigration status. He explores the history of the LAPD's relationship with the city's immigrant and minority populations, and the constitutional and legal issues... 2002
Kevin R. Johnson U.s. Border Enforcement: Drugs, Migrants, and the Rule of Law 47 Villanova Law Review 897 (2002) OVER the last few decades, law enforcement efforts to control the U.S. borders have focused on drugs and illegal immigrants. While the North American Free Trade Agreement encouraged the free flow of capital and goods across American borders, the United States almost simultaneously with the trade pact's approval took aggressive steps in the name of... 2002
James H. Johnson, Jr. U.s. Immigration Reform, Homeland Security, and Global Economic Competitiveness in the Aftermath of the September 11, 2001 Terrorist Attacks 27 North Carolina Journal of International Law and Commercial Regulation 419 (Spring 2002) After nearly a half-century of liberal immigration policymaking, the U.S. government has implemented a series of get tough reforms in recent years, including the USA Patriot Act of 2001, which are designed to reduce the nation's risk of exposure to future acts of terrorism. Research indicates that most of the amendments to our immigration policy... 2002
Peter Margulies Uncertain Arrivals: Immigration, Terror, and Democracy after September 11 2002 Utah Law Review 481 (2002) American immigration law has struggled to balance two crucial values: democracy and security. Historically, national imagery celebrates immigration's role in renewing democracy. Yet, apprehension about the risks of immigration has also fueled recurring concerns about the security of American institutions. The tragic events of September 11, 2001... 2002
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
Marion Crain Whitewashed Labor Law, Skinwalking Unions 23 Berkeley Journal of Employment and Labor Law 211 (2002) I. Introduction. 212 II. Class Solidarity Means White Solidarity: Race-Neutral Organizing. 216 A. Slavery's Legacy. 217 B. White Privilege. 219 C. Colorblind Organizing Ideology. 221 III. An Alternative Ideology: Civil Rights Unionism. 223 A. Struggles for Racial/Economic Justice. 224 B. Immigrant Organizing. 228 IV. Colorblind Organizing... 2002
Farhad Ghaussy Who Protects the Stranger? The French Dual Court System Confronts the Politics of Immigration: a Critique of the Tribunal Des Conflits' Decision of May 12, 1997 7 UCLA Journal of International Law and Foreign Affairs Aff. 1 (Spring/Summer 2002) On May 12, 1997 the French Tribunal des Conflits rendered a controversial decision limiting exclusive judicial power to protect civil liberties. The Court freed administrative hands of matters regarding illegal entry into France, limiting judicial intervention to cases that involve a flagrant irregularity. Even more controversially, the court... 2002
Thomas Kleven Why International Law Favors Emigration over Immigration 33 University of Miami Inter-American Law Review 69 (Spring 2002) I. Introduction. 70 II. International Law Regarding Freedom of Movement. 70 III. Freedom of Movement and Liberal Idealism. 74 IV. An Historical-Materialist Analysis of International Practice. 83 V. The Freedom of Movement Under Socialism. 93 VI. Conclusion: Where to From Here. 98 2002
SAMUEL W. BETTWY A Proposed Legislative Scheme to Solve the Mexican Immigration Problem 2 San Diego International Law Journal 93 (2001) I. Introduction. 94 II. The Current Quota System. 98 III. Legislation That Has Led to the Mexican Immigration Problem. 102 A. Discrimination Against Asians (1875-1964). 103 B. Discrimination Against Eastern and Southern Europeans (1917-1964). 104 C. By Contrast, Pre-1965 Legislation That Favored Mexicans. 106 D. Immigration Legislation Inspired by... 2001
Anita Christina Butera Assimilation, Pluralism and Multiculturalism: the Policy of Racial/ethnic Identity in America 7 Buffalo Human Rights Law Review Rev. 1 (2001) In the spring of 1921, 19 year old Annamaria and her 16 year old brother, Giuseppe, had finally completed their voyage to the United States from the Italian town of Palermo. After disembarking from the cramped and unsanitary quarters of the steamship, they wearily endured the endless lines and official inspections of the Ellis Island immigrant... 2001
Anita Sinha Domestic Violence and U.s. Asylum Law: Eliminating the "Cultural Hook" for Claims Involving Gender-related Persecution 76 New York University Law Review 1562 (November, 2001) In this Note, Anita Sinha examines the treatment of asylum claims involving gender-related persecution. Analyzing the three most recent decisions published by the Board of Immigration Appeals, Sinha illustrates that these cases have turned on whether the gender-related violence can be linked to practices attributable to non-Western, foreign... 2001
Peter H. Schuck Immigration at the Turn of the New Century 33 Case Western Reserve Journal of International Law L. 1 (Winter, 2001) Migration is perhaps the most insistent world phenomenon of our age. The propensity to migrate in search of a better life has always been among the most powerful of human drives, and perhaps never more than today. Migration theorists attempting to explain population movements often distinguish between so-called push and pull factors. Before the... 2001
Catherine E. Halliday Inheriting the Storied Pomp of Ancient Lands: an Analysis of the Application of Federal Immigration Law on the United States'northern and Southern Borders 36 Valparaiso University Law Review 181 (Fall, 2001) Not like the brazen giant of Greek fame, With conquering limbs astride from land to land; Here at our sea-washed, sunset gates shall stand A mighty woman with a torch, whose flame Is the imprisoned lightning, and her name Mother of Exiles. From her beacon-hand Glows world-wide welcome; her mild eyes command The air-bridged harbor that twin cities... 2001
Michael J. Wishnie Laboratories of Bigotry? Devolution of the Immigration Power, Equal Protection, and Federalism 76 New York University Law Review 493 (May, 2001) In this Article, Professor Michael Wishnie addresses the current pressing problem of denial of benefits to legal immigrants under the 1996 Welfare Reform Act in the context of a deeper inquiry into the very heart of immigration law: From where does the federal government derive the power to regulate its borders? Can Congress devolve this power to... 2001
Leslye Orloff Lifesaving Welfare Safety Net Access for Battered Immigrant Women and Children: Accomplishments and next Steps 7 William and Mary Journal of Women and the Law 597 (Spring, 2001) The United States is currently experiencing one of the largest waves of immigration in its history. Contrary to common assumptions, more than half of new immigrants are women. Despite this fact, U.S. immigration policy and most agencies serving immigrants have remained blind to gender differences and have treated all immigrants alike. Immigrant... 2001
Kunal M. Parker Making Blacks Foreigners: the Legal Construction of Former Slaves in Post-revolutionary Massachusetts 2001 Utah Law Review 75 (2001) How might one conceive of African-American history as U.S. immigration history, and with what implications for our understanding of immigration itself? The historiography of U.S. immigration has been heavily invested in producing an idea of immigrants as individuals who move from there to here, with both there and here taken to be actually... 2001
Lisa Sun-Hee Park Perpetuation of Poverty Through "Public Charge" 78 Denver University Law Review 1161 (2001) A number of federal and state policies have had significant impacts on low-income, pregnant immigrant women living in California. This paper focuses on the issue of Public Charge, in conjunction with the 1996 Welfare Reform and the 1996 Immigration Act. I argue that the social contexts that helped garner support for such anti-immigrant... 2001
Patrick Weil Races at the Gate: a Century of Racial Distinctions in American Immigration Policy (1865-1965) 15 Georgetown Immigration Law Journal 625 (Summer, 2001) Traditionally, scholars who study the history of American immigration policy adhere to one of two paths. The first path distinguishes between restrictionist or racist and liberal periods or ideologies. The other path, a more institutional approach, differentiates between a period without control, beginning with the foundation of the republic... 2001
Nimish R. Ganatra The Cultural Dynamic in Domestic Violence: Understanding the Additional Burdens Battered Immigrant Women of Color Face in the United States 2 Journal of Law in Society 109 (Winter, 2001) The women's movement has made significant progress on many issues over the past thirty years. Included among the accomplishments are the gains achieved by the anti-domestic violence movement in making violence against women a crime and a growing concern for society. However, not all of the intended beneficiaries of the anti-domestic violence... 2001
Michele R. Pistone , Philip G. Schrag The New Asylum Rule: Improved but Still Unfair 16 Georgetown Immigration Law Journal L.J. 1 (Fall, 2001) In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which some observers have reasonably characterized as the harshest, most procrustean immigration control measure in [the twentieth] century. Enacted during a brief flood-tide of anti-immigrant sentiment, which receded soon afterward, IIRIRA made... 2001
Harvey Gee The Refugee Burden: a Closer Look at the Refugee Act of 1980 26 North Carolina Journal of International Law and Commercial Regulation 559 (Spring 2001) I. Introduction. 560 II. Immigration, Policymaking, and the Law. 563 A. Citizenship and Community: The Racial and Cultural Politics of Belonging and the Plenary Power and Judicial Review. 563 B. Sharing the Burden of Refugees. 572 III. Reinterpreting Old Laws with New Perspectives. 573 IV. The Refugee Act of 1980 . 577 A. A Critical Theory of the... 2001
JORGE A. VARGAS U.s. Border Patrol Abuses, Undocumented Mexican Workers, and International Human Rights 2 San Diego International Law Journal L.J. 1 (2001) I. Introduction. 3 A. Long Journey From the South to El Norte Seeded with Hope and Dangers. 5 1. History, Geography, and Economics: The Three Fundamental Reasons for Mexican Migration. 5 2. Mexico: The Leading Source Country of Undocumented Immigration to the United States. 7 3. The Remote Origins and Periodic Causes of Mexican Migrations to El... 2001
Charles J. Ogletree, Jr. America's Schizophrenic Immigration Policy: Race, Class, and Reason 41 Boston College Law Review 755 (July, 2000) Abstract: The historical purpose of American immigration policy was to provide a haven for those fleeing persecution and those seeking prosperity, as well as to satisfy workforce and frontier-expansion needs. However, a survey of U.S. immigration policy reveals that this historical purpose has been distorted and abandoned, if in fact it ever... 2000
Mae M. Ngai, University of Chicago Andrew Gyory, Closing the Gate: Race, Politics, and the Chinese Exclusion Act. Chapel Hill: University of North Carolina Press, 1998. Xii, 354 Pp. $49.95 (Cloth). $19.95 (Paper). 44 American Journal of Legal History 304 (July, 2000) The Chinese exclusion laws (1882-1943) stand among the darkest moments in the history of American race policy. One of the first acts of federal legislation regulating immigrants, Chinese exclusion would remain the only policy that banned from entering the United States a group of people explicitly on grounds of race. Over the last thirty years... 2000
Michael Robert W. Houston Birthright Citizenship in the United Kingdom and the United States: a Comparative Analysis of the Common Law Basis for Granting Citizenship to Children Born of Illegal Immigrants 33 Vanderbilt Journal of Transnational Law 693 (May, 2000) The common law concept of territorial birthright citizenship is the foundation for the Fourteenth Amendment's Citizenship Clause, which confers citizenship on those born within the United States and subject to its jurisdiction. Likewise territorial underpinnings were the basis for over 375 years of birthright citizenship within the United... 2000
Daniel Kanstroom Deportation, Social Control, and Punishment: Some Thoughts about Why Hard Laws Make Bad Cases 113 Harvard Law Review 1889 (June, 2000) The Illegal Immigration Reform and Immigrant Responsibility Act and the Antiterrorism and Effective Death Penalty Act, both passed in 1996, substantially altered U.S. immigration law and policy. In December 1999, the Criminal Justice Institute of Harvard Law School, the Harvard Law School Immigration and Refugee Clinic, and the Boston College Law... 2000
Stephen H. Legomsky Fear and Loathing in Congress and the Courts: Immigration and Judicial Review 78 Texas Law Review 1615 (June, 2000) Immigration policy and judicial review have always had a kind of oil-and-water relationship. The most famous illustration of this uneasy mix has been the so-called plenary power doctrine, under which the Supreme Court has explicitly accorded Congress unusual deference in matters that affect the admission or expulsion of aliens. This doctrine, which... 2000
Terri Yuh-lin Chen Hate Violence as Border Patrol: an Asian American Theory of Hate Violence 7 Asian Law Journal 69 (December, 2000) Arsonists of the Order of Caucasians, a white supremacist group that blamed Chinese immigrants for all the economic sufferings of white workers, tried to burn down the Chinatown in Chico and murdered four Chinese men by tying them up, dousing them with kerosene, and setting them on fire. A mob of white miners massacred twenty-eight Chinese... 2000
Bernard Trujillo Immigrant Visa Distribution: the Case of Mexico 2000 Wisconsin Law Review 713 (2000) On every immigration lawyer's desk there is a chart. A constant source of reference for attorneys, this chart gives a sense of how long the waiting line is for an applicant to receive a visa and enter the United States as a permanent resident. The chart is a simple, one-page affair compiled by the Department of State and published monthly on its... 2000
Michael A. Olivas Immigration Law Teaching and Scholarship in the Ivory Tower: a Response to Race Matters 2000 University of Illinois Law Review 613 (2000) Why does one write? Why does one respond to another's writing? What sources does one consult and cite as influences? In Race Matters: Immigration Law and Policy Scholarship, Law in the Ivory Tower, and the Legal Indifference of the Race Critique, Professor Kevin Johnson offers an interesting and provocative response to these and other key questions... 2000
Gerald L. Neuman Introductory Comment 31 Columbia Human Rights Law Review 473 (Summer, 2000) The Supreme Court's decision in Reno v. American-Arab Anti-Discrimination Committee (AADC) brought temporary closure to a legal struggle that has stretched on since 1987. The litigation involved competing claims of freedom of political speech and association on the one hand and immigration enforcement and suppression of terrorism on the other. It... 2000
Gabriel J. Chin Is There a Plenary Power Doctrine? A Tentative Apology and Prediction for Our Strange but Unexceptional Constitutional Immigration Law 14 Georgetown Immigration Law Journal 257 (Winter, 2000) This essay is an effort to predict what the Supreme Court will do with constitutional immigration law, focusing in particular on substantive categories of aliens who are not allowed to enter or remain in the United States. The Court's record in this context consists of a string of cases, over a century long, upholding with depressing regularity... 2000
Bill Ong Hing No Place for Angels: in Reaction to Kevin Johnson 2000 University of Illinois Law Review 559 (2000) In the early summer of 1912, at the height of the racist Chinese exclusion era, Ong Choon Hing boarded the SS Siberia destined for the Port of San Francisco. He arrived at the immigration inspection station at Angel Island on July 28, 1912. Angel Island, located in San Francisco Bay not far from Alcatraz Island, was used as a detention and... 2000
Kevin R. Johnson Race and Immigration Law and Enforcement: a Response to Is There a Plenary Power Doctrine? 14 Georgetown Immigration Law Journal 289 (Winter, 2000) Professor Jack Chin has written a provocative paper that, as is characteristic of his work, has much to commend to it. His basic thesis is that the gulf between the constitutional law of immigration and that which applies to citizens is not as great as is frequently stated. To support this novel argument, he takes on the ambitious task of comparing... 2000
George A. Martínez Race and Immigration Law: a Paradigm Shift? 2000 University of Illinois Law Review 517 (2000) For many years, controversies impacting many areas of legal scholarship have left the field of immigration law virtually untouched. Thus, although other areas of law have felt the critique advanced by critical scholars, immigration law has proceeded as a virtually self-contained unit. In doing so, immigration law has developed a paradigm for legal... 2000
Kevin R. Johnson Race Matters: Immigration Law and Policy Scholarship, Law in the Ivory Tower, and the Legal Indifference of the Race Critique 2000 University of Illinois Law Review 525 (2000) After the elimination of the discriminatory national origins quota system in 1965, the United States experienced a dramatic change in the demographics of immigration. Many more immigrants of color from developing nations have come to this country since the revolutionary reform. Over the decades following the elimination of the quota system, public... 2000
Joan Fitzpatrick Race, Immigration, and Legal Scholarship: a Response to Kevin Johnson 2000 University of Illinois Law Review 603 (2000) The harshest measures of contemporary American immigration law disproportionately affect persons of color. At the same time, persons of color have become the primary subjects of migration to the United States and are thus the main beneficiaries of the substantial benefits the U.S. immigration system offers. The extent to which racism, conscious or... 2000
Adrien Katherine Wing Reno V. American-arab Anti-discrimination Committee: a Critical Race Perspective 31 Columbia Human Rights Law Review 561 (Summer, 2000) On January 26, 1987, life changed forever for Michel Shehadeh, a Palestinian who had immigrated to the United States in 1975. [He] and his 3-year old son, Ibrahim, were sleeping at home in Long Beach, Calif., when Shehadeh heard a loud knock. He opened the front door to a man and woman in grey suits. Shehadeh had just applied for naturalization and... 2000
Linda Kelly The Alienation of Fathers 6 Michigan Journal of Race and Law 181 (Fall 2000) Maternal preference has long been rejected as an unconstitutional vehicle responsible for perpetuating outdated and inaccurate stereotypes regarding the parenting ability of mothers and fathers. However, little attention is paid to how identical gender biases continue in other legal arenas, such as immigration. Announcing the decision of Miller v.... 2000
Mark C. Rogers The Asylum Process in Ireland: a Reflection of Racist and Xenophobic Sentiments? 23 Suffolk Transnational Law Review 539 (Summer, 2000) A history of Ireland often entails a reference to its long-standing tradition as an emigrant nation. For hundreds of years, the people of Ireland emigrated across the world in search of better economic and social conditions. Ireland's recent transformation, however, from an emigrant to an immigrant society, now overshadows this amazing facet of... 2000
Kevin R. Johnson The Case Against Race Profiling in Immigration Enforcement 78 Washington University Law Quarterly 675 (Fall 2000) I. Introduction. 676 II. Race Profiling in Criminal Law Enforcement. 680 A. Harms. 684 B. Legal Remedies. 685 III. Race Profiling in Immigration Law Enforcement. 688 A. Law in Books. 692 B. Law in Action. 696 1. On the Roads. 697 2. In the Workplace. 703 3. The Lack of Effective Remedies. 705 C. The Need for Change. 707 1. Over-Inclusiveness. 707... 2000
BY: EMMA O. GUZMÁN The Dynamics of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996: the Splitting-up of American Families 2 Scholar: St. Mary's Law Review on Minority Issues 95 (2000) I. Introduction. 100 II. Background. 104 A. The Historical Aspect of Separation of Families. 104 B. Constitutional Rights of Families. 105 III. Congressional Limits on Immigration. 108 A. The History of Immigration Law. 108 B. The Goals of Immigration Law. 109 C. The Preference System Concerning Families. 111 D. Changes Made by IIRIRA. 115 E.... 2000
Shayna S. Cook The Exclusion of Hiv-positive Immigrants under the Nicaraguan Adjustment and Central American Relief Act and the Haitian Refugee Immigration Fairness Act 99 Michigan Law Review 452 (November, 2000) Introduction. 452 I. The Plain Language of NACARA and HRIFA. 459 II. Understanding the Legislative History of NACARA and HRIFA in Light of the Legislative History of the HIV Exclusion. 462 A. Congress's Policy Reasons Behind the HIV Exclusion. 463 B. Legislative Intent Behind NACARA and HRIFA. 468 III. Comparing the INS Regulations under NACARA and... 2000
Sonia Chen The Illegal Immigration Reform and Immigrant Responsibility Act of 1996: Another Congressional Hurdle for the Courts 8 Indiana Journal of Global Legal Studies 169 (Fall, 2000) The development of U.S. immigration law has largely been influenced by the tension between the plenary power doctrine and constitutional norms. Some scholars have further suggested that this tension has resulted in the creation of phantom constitutional norms in the context of immigration laws. The plenary power doctrine declares that Congress... 2000
Shana W. Chen The Immigrant Women of the Violence Against Women Act: the Role of the Asian American Consciousness in the Legislative Process 1 Georgetown Journal of Gender and the Law 823 (Summer, 2000) Charlie informed his wife, Debbie, whom he regularly abused, that he was seeing another woman and that he wanted Debbie and their two children to live with him and his new girlfriend. On one occasion, Charlie beat Debbie severely and tied her to a bed. The children were the ones who found and untied her. As a result of the incident, Debbie had cuts... 2000
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