AuthorTitleCitationSummaryYear
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
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
Judy Scales-Trent African Women in France: Immigration, Family, and Work 24 Brooklyn Journal of International Law 705 (1999) In the Fall of 1997, much of the news in France seemed to lead back to Africa-- back to reminders of French colonization on that continent, back to the painful memories of those years. Most of this news centered on Algeria. It was a time when waves of terrorism were sweeping Algeria. As residents of entire villages were being slaughtered at random,... 1999
Annette C. Escobar Aggravating the Immigration Paradox: the Nicaraguan Adjustment and Central American Relief Act's Effect on U.s. Immigration Policy 11 Saint Thomas Law Review 445 (Spring, 1999) C1-3TABLE OF CONTENTS L1-2Introduction R3446. I. Immigration Law Before NACARA. 448 II. The Supreme Court and Immigration. 453 III. NACARA's Inception and Resulting Configuration: Exacerbating Havoc in Immigration Law. 457 A. Government Submission to Interest Group Uproar Over the Restrictive 1996 Legislation. 458 B. Virtually Automatic Asylum for... 1999
Rachel F. Moran Bilingual Education, Immigration, and the Culture of Disinvestment 2 Journal of Gender, Race and Justice 163 (Spring 1999) I. From Federal Reform to Federal Retreat: The Rise of the New Federalism II. The Impact of the New Federalism on Bilingual Education A. California B. New York C. The Culture of Disinvestment and the Failure of the New Federalism III. Race, Immigration, and the Symbolic Politics of Bilingual Education in California and New York A. Historical... 1999
Daniel Kanstroom Citizens, Strangers, and In-betweens: Essays on Immigration and Citizenship. By Peter Schuck. Boulder, Colo.: Westview Press, 1998. Pp. Xviii, 475. $26.00. 25 New York University Review of Law and Social Change 435 (1999) To hear some immigration advocates tell it, Americans in the 1990s have slammed the golden door shut in a fit of xenophobic hysteria . . . . Fortunately, this is a false picture . . . . I recently received a plea for help from a tearful U.S. citizen who is the mother of a twenty-five-year-old lawful permanent resident from Panama. She told me that... 1999
Gianni Zappala, Stephen Castles Citizenship and Immigration in Australia 13 Georgetown Immigration Law Journal 273 (Symposium, 1999) If ... copies of an Australian Citizenship Act which made sense were distributed we might all come to feel and better understand the value of our citizenship. Better still if we could at the same time have ... copies of a Constitution that in its broad outline did describe the nature of our federal polity in terms all could understand. Sir Ninian... 1999
  Connie Chang, Immigrants under the New Welfare Law: a Call for Uniformity, a Call for Justice, 45 Ucla L. Rev. 205 (1997). 6 Asian Law Journal 231 (May, 1999) Chang examines the new welfare bill passed in 1996, which denies federal Supplemental Security Income (SSI) benefits to legal immigrants. It is the first time eligibility for federal public assistance has been determined by citizenship, rather than being based on need. Chang argues that this law goes against Supreme Court cases establishing that... 1999
James J. Sing Culture as Sameness: Toward a Synthetic View of Provocation and Culture in the Criminal Law 108 Yale Law Journal 1845 (May, 1999) A dilemma that immigrant groups in this country have always faced is whether to retain the customs and practices of the motherland or assimilate into the dominant culture of their new home. Historically, an immigrant group's worth in this country has been viewed in direct connection with its assimilability-- the extent to which the group... 1999
Drucilla Cornell , William W. Bratton Deadweight Costs and Intrinsic Wrongs of Nativism: Economics, Freedom, and Legal Suppression of Spanish 84 Cornell Law Review 595 (March, 1999) Introduction. 596 I. Latino and Latina Immigrants and English Language Mandates. 608 A. Latino and Latina Settlement and Speech. 608 B. Official English. 611 C. Workplace English. 617 II. The Economics of Assimilation: Language Acquisition, Discrimination, and Spontaneous Order. 620 A. Official English, Cost Economics, and Immigrant Incentives. 621... 1999
Philip L. Martin Economic Integration and Migration: the Case of Nafta 3 UCLA Journal of International Law and Foreign Affairs 419 (Fall/Winter, 1998-1999) As evidenced by United Nations (UN) data, the United States is the world's major country of immigration, and Mexico is the world's major country of emigration. As with U.S.-Mexican trade in goods, there is an asymmetry in migration patterns. The United States accepts immigrants from many nations, but virtually all Mexican emigrants head for the... 1999
Richard P. Cole, Gabriel J. Chin Emerging from the Margins of Historical Consciousness: Chinese Immigrants and the History of American Law 17 Law and History Review 325 (Summer, 1999) During the past generation legal histories of Chinese immigrants who came to America during the second half of the nineteenth century have reshaped our view of their significance for the history of American law. The preceding three generations of professional legal historians perceived the legal experience of Chinese immigrants as marginal to the... 1999
Lisa J. Laplante Expedited Removal at U.s. Borders: a World Without a Constitution 25 New York University Review of Law and Social Change 213 (1999) Gregorio Diaz, an American citizen of Mexican descent, is an Illinois resident. On February 18, 1998, Mr. Diaz arrived at O'Hare International Airport, Chicago from a trip abroad. When passing through customs, he was detained by an Immigration and Naturalization Service (INS) inspection officer , at which time he submitted documentation of his... 1999
Hiroshi Motomura Federalism, International Human Rights, and Immigration Exceptionalism 70 University of Colorado Law Review 1361 (Fall 1999) This essay addresses three topics that are connected in subtle but important ways. The first topic--and the one that anchors this essay in the symposium panel on the states and foreign affairs--is immigration federalism. What role should states and localities play in making and implementing law and policy relating to immigration and immigrants? The... 1999
Matthew N. Greller Give Me Your Tired, Your Poor, Your Fastball Pitchers Yearning for Strike Three: How Baseball Diplomacy Can Revitalize Major League Baseball and United States-cuba Relations 14 American University International Law Review 1647 (Fall 1999) INTRODUCTION. 1648 I. THE BASE-PATH: HOW UNITED STATES IMMIGRATION LAWS AND MLB RULES INTERACT TO ALLOW FOREIGN BASEBALL PLAYERS TO COMPETE IN THE UNITED STATES. 1655 A. The O Visa Category. 1656 B. The P Visa Category. 1659 C. The MLB Category. 1661 II. LA MANERA CUBANA -- THE CUBAN WAY -- HOW CUBAN PLAYERS COME TO THE UNITED STATES. 1666... 1999
Reviewed by Harvey Gee Immigrants Out! The New Nativism and the Anti-immigrant Impulse in the United States, Edited by Juan F. Perea. New York: New York University Press. 342 Pp. 1997. 52 Oklahoma Law Review 685 (Winter, 1999) The American Nation has always had a specific ethnic core. And that core has been white. The recently enacted anti-immigration policies which target Asian and Latino immigrants are the latest manifestations of the social construction of these racial groups as foreigners not entitled to the equal protection of the law. This anti-immigrant animus is... 1999
Juan F. Perea Immigrants Out!: the New Nativism and the Anti-immigrant Impulse in the United States 22 Suffolk Transnational Law Review 775 (Summer, 1999) In his new book, Immigrants Out!: The New Nativism and the Anti-Immigrant Impulse in the United States, editor Juan F. Perea has compiled a series of essays written by diverse authors on perhaps the most politically and legally volatile issue of the 1990s. Perea and the book's contributors concur in the view that current efforts to enact more... 1999
Doug Klusmeyer Introduction 13 Georgetown Immigration Law Journal 153 (Symposium, 1999) During the last decade, citizenship has become a salient issue for policy-makers, scholars, immigrants, and the public at large. It has emerged as a chronic source of controversy in long-running debates over access to welfare benefits, criteria for naturalization, the legitimacy of plural nationality, and the accommodation of multicultural... 1999
John L. Pollock Missing "Persons": Expedited Removal, Fong Yue Ting, and the Fifth Amendment 41 Arizona Law Review 1109 (Winter, 1999) In 1996 Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). This law cemented the recent trend of cracking down on illegal immigration by increasing the number of border patrols, limiting judicial review, and introducing new penalties for a variety of immigration control violations. This anti-immigrant... 1999
Melinda Smith Most RelevantCriminal Defense Attorneys and Noncitizens Clients: Understanding Immigrants, Basic Immigration Law & How Recent Changes in Those Laws May Affect Your Criminal Cases. 33 Akron Law Review 163 (1999) A political scientist recently described the benefit American society has gained from immigrants in the following terms: Immigrants contribute to the stability of American society and support their adopted country's political system, even though conventional political theory argues that ethnic diversity is disruptive or threatening to the... 1999
Kevin R. Johnson Most RelevantRace, Immigration and International Law 93 American Society of International Law Proceedings 213 (March 24-27, 1999) Today's restrictionism is part of a long history of anti-immigrant sentiment in the United States. It is particularly virulent, however, because the racial demographics of immigration have changed dramatically since the abolition of the discriminatory national-origins quota system in 1965. Racial considerations have influenced the nation's... 1999
Linda Kelly Most RelevantThe Fantastic Adventure of Supermom and the Alien: Educating Immigration Policy on the Facts of Life 31 Connecticut Law Review 1045 (Spring, 1999) British au pair Louise Woodward has gone home. The facts of her American visit are well known. After being convicted by a jury of second degree murder for the death of eight-month-old Matthew Eappen, Massachusetts Superior Court Judge Hiller Zobel reduced Woodward's verdict to manslaughter and sentenced her to time served. Woodward had entered the... 1999
Vernon M. Briggs, Jr. Reining-in a Rogue Policy: the Imperative of Immigration Reform 30 University of Miami Inter-American Law Review 611 (Winter-Spring 1999) I. Introduction. 612 II. The Context of Policy Assessment. 613 III. The Accidental Issue: Mass Immigration. 614 IV. The Effects of Post-1965 Immigration. 616 A. Population. 616 B. Ethnic Composition. 617 C. Labor Force. 618 D. Poverty. 619 E. Income Inequality. 621 F. Labor Mobility. 622 V. The Saga of Reform. 622 VI. Concluding Comments. 626 1999
Susan M. Akram Scheherezade Meets Kafka: Two Dozen Sordid Tales of Ideological Exclusion 14 Georgetown Immigration Law Journal 51 (Fall, 1999) The plea that evidence of guilt must be secret is abhorrent to free men, because it provides a cloak for the malevolent, the misinformed, the meddlesome, and the corrupt to play the role of informer undetected and uncorrected. More than two dozen immigrants in the United States are facing deportation or removal proceedings based primarily on... 1999
Meredith K. Olafson The Concept of Limited Sovereignty and the Immigration Law Plenary Power Doctrine 13 Georgetown Immigration Law Journal 433 (Spring, 1999) Precedents are made or unmade not on logic and history alone . We can get from those who preceded a sense of the continuity of a society. We can draw from their learning a feel for the durability of a doctrine and a sense of the origins of principles. But we have experience that they never knew. Our vision may be shorter or longer. But it is ours.... 1999
Thomas F. Hicks The Constitution, Aliens Control Act, and Xenophobia: the Struggle to Protect South Africa's Pariah--the Undocumented Immigrant 7 Indiana Journal of Global Legal Studies 393 (Fall, 1999) Since the fall of the apartheid regime and the dawn of a promising democratic government, immigrants from neighboring southern African countries have increasingly sought entry into South Africa. Awaiting these immigrants, in stark contrast to their expectations of social and legal security, is a harsh climate of xenophobia. South Africa, burdened... 1999
Kristina M. Oven The Immigrant First as Human: International Human Rights Principles and Catholic Doctrine as New Moral Guidelines for U.s. Immigration Policy 13 Notre Dame Journal of Law, Ethics & Public Policy 499 (1999) In American society, which so guards and upholds the right of the individual, there remains an inconsistency claiming more and more of the forefront of societal interaction, and with increasingly widespread effects throughout our nation as the twenty-first century approaches. It is the confrontation between immigrant and native-born, non-citizen... 1999
Iris Bennett The Unconstitutionality of Nonuniform Immigration Consequences of "Aggravated Felony" Convictions 74 New York University Law Review 1696 (December, 1999) In this Note, Iris Bennett analyzes the aggravated felony provision of the Immigration and Nationality Act, which requires the deportation of noncitizens convicted of a number of crimes under federal or state law. Bennett discusses the implications of the provision in light of the Constitution's Naturalization Clause, which requires a uniform... 1999
Irene Scharf Tired of Your Masses: a History of and Judicial Responses to Early 20th Century Anti-immigrant Legislation 21 University of Hawaii Law Review 131 (Summer, 1999) A story with eerie reminiscences of times past appeared in the National Law Journal this past October. The story, about the case of Soko Bukai v. YWCA of San Francisco, can serve to remind us all of a not-too-distant past that reverberates even today around this nation. Soko Bukai was brought on behalf of 700 members of the Japanese-American... 1999
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
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