Ciara Torres-Spelliscy THE POLITICAL BRANDING OF US AND THEM: THE BRANDING OF ASIAN IMMIGRANTS IN THE DEMOCRATIC AND REPUBLICAN PARTY PLATFORMS AND SUPREME COURT OPINIONS 1876-1924 96 New York University Law Review 1214 (October, 2021) In this piece, I examine the political branding of Asian immigrants by comparing the rhetoric used in the political platforms of the Democratic and Republican parties from 1876 to 1924 to the language deployed in U.S. Supreme Court opinions during the same time period. The negative verbiage repeated at national political conventions branded the... 2021
Joseph Daval THE PROBLEM WITH PUBLIC CHARGE 130 Yale Law Journal 998 (February, 2021) The United States has long excluded immigrants who are likely to become a public charge. But while the exclusion has remained unchanged, the nation has changed around it, further blurring its unclear meaning. As public benefits replaced poorhouses, Congress and the courts left the administrative state to reconcile public charge with... 2021
Basia D. Ellis THE PSYCHOLOGY OF MIGRANT "ILLEGALITY": A GENERAL THEORY 46 Law and Social Inquiry 1236 (November, 2021) Critical migration studies emerged to trace how restrictive immigration contexts contribute to conditions of migrant illegality and deportability. More recently, researchers have turned to examine diversity in migrants' experiences, revealing how migrant illegality and deportability can take varied forms based on different social factors,... 2021
Michele Goodwin , Erwin Chemerinsky THE TRUMP ADMINISTRATION: IMMIGRATION, RACISM, AND COVID-19 169 University of Pennsylvania Law Review 313 (January, 2021) Two of the most important issues defining the Trump Administration were the President's response to the COVID-19 pandemic and the Administration's dealing with immigration issues. These have been regarded, in the popular press and in the scholarly literature, as unrelated. But there is a key common feature in the Trump Administration's response:... 2021
Monika Batra Kashyap TOWARD A RACE-CONSCIOUS CRITIQUE OF MENTAL HEALTH-RELATED EXCLUSIONARY IMMIGRATION LAWS 26 Michigan Journal of Race and Law 87 (Winter, 2021) C1-3TABLE OF CONTENTS R1-2INTRODUCTION . R388. I. The Key Tenets of Dis/ability Critical Race Theory. 90 II. The Eugenics Movement and Immigration Restriction. 92 A. The Three Pillars of the Eugenics Movement: White Supremacy, Racism, and Ableism. 94 B. The Impact of the Eugenics Movement on Mental Health-Related Immigrant Exclusion. 99 III. A... 2021
Julie Dahlstrom TRAFFICKING AND THE SHALLOW STATE 12 UC Irvine Law Review 61 (November, 2021) More than two decades ago, the Trafficking Victims Protection Act (TVTA) established new, robust protections for immigrant victims of trafficking. In particular, Congress created the T visa, a special form of immigration status, to protect immigrant victims from deportation. Despite lofty ambitions, the annual cap of 5,000 T visas has never been... 2021
Stephanie Evans TRANSIT STATES TO DESTINATION NATIONS: MEXICAN AND MOROCCAN ASYLUM POLICIES 54 Vanderbilt Journal of Transnational Law 207 (January, 2021) Much of the literature surrounding immigration and asylum analyzes the policies adopted by highly developed nations like the United States and countries in the European Union. However, as these nations' policies become increasingly restrictive, more migrants are turning towards neighboring nations that are easier to access but that have less... 2021
Regina Jefferies TRANSNATIONAL LEGAL PROCESS: AN EVOLVING THEORY AND METHODOLOGY 46 Brooklyn Journal of International Law 311 (2021) Introduction. 312 I. Origins of Transnational Legal Process Theory. 315 A. International Legal Theory. 316 B. Discourse Between International Law and International Relations. 318 II. The Principles of Transnational Legal Process and Three Critical Limitations. 323 A. Principles of Transnational Legal Process. 325 B. Three Critical Limitations. 332... 2021
Trinh Truong TRINH v. HOMAN: THE INDEFINITE DETENTION OF VIETNAMESE REFUGEES IN THE 21 CENTURY 30 Southern California Review of Law & Social Justice 415 (Summer, 2021) C1-2TABLE OF CONTENTS I. INTRODUCTION. 416 II. VIETNAMESE REFUGEES. 421 A. Southeast Asian Detention and Removal Efforts Are Happening but No One Is Talking About It. 421 B. The Indefinite Detention of Vietnamese Refugees. 424 III. THE DELICATE BALANCE BETWEEN GOVERNMENTAL INTEREST AND IMMIGRANTS' DUE PROCESS RIGHTS. 429 A. Due Process Versus... 2021
Sam Erman TRUER U.S. HISTORY: RACE, BORDERS, AND STATUS MANIPULATION, HOW TO HIDE AN EMPIRE: A HISTORY OF THE GREATER UNITED STATES BY DANIEL IMMERWAHR, FARRAR, STRAUS & GIROUX, 2019 130 Yale Law Journal 1188 (March, 2021) In How to Hide an Empire, Daniel Immerwahr storms the citadel of U.S. history in a gripping retelling that places empire and its hiding at the heart of the American experiment. Aware that further absences also haunt U.S. history, he invites successors to catalog them to produce yet-truer histories of the United States. This Review takes up the... 2021
Maureen E. Brady TURNING NEIGHBORS INTO NUISANCES 134 Harvard Law Review 1609 (March, 2021) C1-2CONTENTS Introduction. 1611 I. Contracting Against Nuisance. 1617 A. Uses of Covenants in Early American Land Use Planning. 1617 B. Nuisance Covenants in Practice. 1623 C. Nuisance Covenants at Law. 1629 II. Failures to Villainize the Apartment. 1637 A. History of Apartment Houses. 1637 B. The Apartment Under Nuisance Covenants. 1644 C. Related... 2021
Abigail Adelle Roman UNDOCUMENTED DOMESTIC WORKERS: A PENUMBRA IN THE WORKFORCE 23 Scholar: St. Mary's Law Review on Race and Social Justice 153 (2021) Introduction. 154 I. Background Information. 159 A. The Historical Influx and Demand for Immigrant Workers in the United States. 159 II. Domestic Workers Subjected to Vulnerability. 164 A. Domestic Workers Are Subjected to Sexual Harassment. 166 B. Sexual Harassment and Lack of Labor Protections. 168 III. Consequences of Employing Undocumented... 2021
Jaclyn Kelley-Widmer UNSEEN POLICIES: TRUMP'S LITTLE-KNOWN IMMIGRATION RULES AS EXECUTIVE POWER GRAB 35 Georgetown Immigration Law Journal 801 (Spring, 2021) Throughout the Trump presidency, immigration horror stories riveted Americans and people across the globe. Over the past four years, splashy headlines highlighted the United States government's dehumanization and penalization of immigrants, from travel bans, to family separation, to the Wall. These stories not only captured public attention but... 2021
Sherally Munshi UNSETTLING THE BORDER 67 UCLA Law Review 1720 (April, 2021) When scholars and lawmakers ask who should be allowed to cross borders, under what circumstances, on what ground, they often leave unexamined the historical formation of the border itself. National borders are taken for granted as the backdrop against which normative debates unfold. This Article intervenes in contemporary debates about border... 2021
John A. Powell , Eloy Toppin, Jr. UPROOTING AUTHORITARIANISM: DECONSTRUCTING THE STORIES BEHIND NARROW IDENTITIES AND BUILDING A SOCIETY OF BELONGING 11 Columbia Journal of Race and Law 1 (January, 2021) Authoritarianism is on the rise globally, threatening democratic society and ushering in an era of extreme division. Most analyses and proposals for challenging authoritarianism leave intact the underlying foundations that give rise to this social phenomenon because they rely on a decontextualized intergroup dynamic theory. This Article argues that... 2021
Rebecca Sharpless VIRUS AS FOREIGN INVADER: U.S. VOTERS & THE IMMIGRATION DEBATE 75 University of Miami Law Review 547 (Winter, 2021) Nativist sentiments against classes of immigrants have existed since colonial times. But views about immigration and immigrants drive U.S. electoral politics now more than ever, accounting for a significant number of voters who crossed party lines in the 2016 presidential election. The COVID-19 pandemic has the potential to harden deeply-held... 2021
Sophie Kosmacher WHEN DOES QUESTIONING RELATED TO IMMIGRATION STATUS CONSTITUTE A MIRANDA INTERROGATION? 69 UCLA Law Review Discourse 80 (2021) This Essay puts forward a two-element argument that noncitizen defendants can use to establish that they have been interrogated for Miranda purposes when they have been questioned about their immigration status by Immigration and Customs Enforcement (ICE) officers. I examine the briefing and decision in one defendant's case to illustrate why this... 2021
Liav Orgad WHEN IS IMMIGRATION SELECTION DISCRIMINATORY? 115 AJIL Unbound 345 (2021) Managing global migration is one of the most pressing issues of our time. Traditionally, international law has not generally regulated immigration and citizenship law; it defers to state authority in setting up rules and procedures for entry into the territory and citizenry. The lack of clear regulation--and a commonly accepted methodology on how... 2021
Eleanor Marie Lawrence Brown WHY BLACK HOMEOWNERS ARE MORE LIKELY TO BE CARIBBEAN AMERICAN THAN AFRICAN AMERICAN IN NEW YORK: A THEORY OF HOW EARLY WEST INDIAN MIGRANTS BROKE RACIAL CARTELS IN HOUSING 61 American Journal of Legal History 3 (March, 2021) Why are the Black brownstone owners and landlords in Harlem and Brooklyn disproportionately West Indian? For students of housing discrimination, Black West Indian Americans have long presented a quandary. West Indian Americans generally own and rent higher quality housing than African Americans. These advantages began long ago. For example, when... 2021
Colm Ó Cinnéide WHY CHALLENGING DISCRIMINATION AT BORDERS IS CHALLENGING (AND OFTEN FUTILE) 115 AJIL Unbound 362 (2021) International human rights law recognizes a general right to non-discrimination. This right has proved to have plenty of legal bite. It is regularly invoked at both international and national levels to challenge state action which discriminates against vulnerable groups on suspect grounds, such as race, gender, and disability. Such legal... 2021
Natsu Taylor Saito WHY XENOPHOBIA? 31 Berkeley La Raza Law Journal 1 (2021) Xenophobia is deeply intertwined with racism but nevertheless maintains a life of its own. Focusing on the structural drivers of xenophobia in the United States, this essay asks what xenophobia accomplishes that racism alone does not. It posits that while xenophobia serves many purposes, one of its most significant functions is to legitimize the... 2021
Kit Johnson WOMEN OF COLOR IN IMMIGRATION ENFORCEMENT 21 Nevada Law Journal 997 (Spring, 2021) Immigration enforcement agencies are among the most racially diverse in federal law enforcement. More than half of all women holding law enforcement positions within immigration agencies are minorities, though the overall number of female agents is relatively small. This Essay focuses on women of color in immigration enforcement. It begins with a... 2021
Michael Neal ZERO TOLERANCE FOR PRETRIAL RELEASE OF UNDOCUMENTED IMMIGRANTS 30 Boston University Public Interest Law Journal 1 (Winter, 2021) 2 Introduction. 2 I.Mass Pretrial Incarceration of Undocumented Immigrants. 6 A. The Bail Reform Act of 1984--History and Provisions. 7 B. The Immediate Impact of the BRA on Pretrial Release. 14 C. Closing the Back Door on Undocumented Immigrants. 16 D. Zero Tolerance Immigration Enforcement and Prosecution. 20 E. The Unlawful Presumption... 2021
Jeffrey R. Baker, Allyson McKinney Timm ZERO-TOLERANCE: THE TRUMP ADMINISTRATION'S HUMAN RIGHTS VIOLATIONS AGAINST MIGRANTS ON THE SOUTHERN BORDER 13 Drexel Law Review 581 (2021) In 2017, the Trump Administration imposed its policy of zero-tolerance immigration enforcement on the southern border. This policy resulted in the forcible separation of families and the prolonged detention of children in harsh conditions without due process or adequate resources. The Trump Administration unleashed these policies to deter people... 2021
  #Livingwhileblack: Racially Motivated 911 Calls as a Form of Private Racial Profiling 92 Temple Law Review Online 55 (2020) Private racial profiling is not new, but racially motivated 911 calls are a new method for private citizens to police Black people. Specifically, #LivingWhileBlack refers to the recent increase in 911 calls white people make on Black people who are going about normal daily activities. These everyday activities have included a family eating at... 2020
Justin M. Loveland 40 Years Later: It's Time for Us Ratification of the American Convention on Human Rights 18 Seattle Journal for Social Justice 129 (Spring, 2020) I. United States Concerns: Sovereignty, RUDs, Federalism, and the Interaction of the ACHR with US Law. 134 A. State Sovereignty and US Exceptionalism vs. Conventionality Control. 134 B. Federalism and its Tireless Preservation. 141 C. Reservations, Understandings, and Declarations. 144 1. The Continued Presence of the Bricker Amendment. 49 2.... 2020
Ali Shan Ali Bhai A Border Deferred: Structural Safeguards Against Judicial Deference in Immigration National Security Cases 69 Duke Law Journal 1149 (February, 2020) When confronted with cases lying at the intersection of immigration and national security, the judiciary has abided by a consistent principle: the president knows best. Since the late nineteenth century, rather than deciding these cases on the merits, courts have instead deferred to the executive branch. Courts' reluctance to engage in judicial... 2020
Andrew N. Klokiw A Fifth Wave? A Contemporary Comparative Study of Ukrainian Immigration to the United States, 1870-2019 98 Texas Law Review 757 (March, 2020) This Note presents an in-depth look into the immigration patterns of Ukrainians to the United States over the past 150 years. The underlying theory that I seek to explore and build upon in this Note is that Ukrainian-Americans represent a truly unique group in the broader tapestry of American immigration, as they have been landing on America's... 2020
Raquel E. Aldana , Thomas O'Donnell A Look Back at the Warren Court's Due Process Revolution Through the Lens of Immigrants 51 University of the Pacific Law Review 633 (2020) C1-2Table of Contents I. The Historical Context and the Immigration Law Procedural Due Process Cases during the Warren Court. 638 A. The Historical Context. 638 B. The Warren Court's Immigration Due Process Cases. 645 1. Immigration Investigations and Criminal Prosecutions. 646 2. Due Process in Asylum Cases. 647 3. Due Process of Returning Lawful... 2020
Gabriel J. Chin A Nation of White Immigrants: State and Federal Racial Preferences for White Noncitizens 100 Boston University Law Review 1271 (September, 2020) U.S. law, of course, drew many lines based on race from the earliest days of slavery and colonialism. It is also well known that the government discriminated against noncitizens in favor of citizens in areas such as licensing and land ownership. This Article proposes that during the long Jim Crow era, there was an additional body of racially... 2020
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