AuthorTitleCitationSummaryYear
Richard T. Middleton, IV, Ph.D., JD , Sheridan Wigginton, Ph.D. A Comparative Analysis of How the Framing of the Jus Soli Doctrine Affects Immigrant Inclusion into a National Identity 21 Temple Political & Civil Rights Law Review 521 (Spring 2012) This paper builds upon a previous study that analyzed how the doctrine of jus soli affects racial and ethnic immigrant minority inclusion into citizenship and a national identity. In the aforementioned study, particular focus was given to how the principle of jus soli embedded in the U.S. Constitution has been judicially interpreted in a manner... 2012
Kit Johnson A Cost-benefit Analysis of the Federal Prosecution of Immigration Crimes 92 Denver University Law Review 863 (2015) Immigration crimes are the most prosecuted federal crimes in America. This Article examines the benefits of the federal prosecution of immigration crimes (training, deterrence, and signaling/expression) and balances those benefits against the costs of such prosecutions (courthouse costs, alternative prosecution, and incarceration). I conclude that... 2015
Joshua J. Schroeder A COURT OF CHAOS AND WHIMSY: ON THE SELF-DESTRUCTIVE NATURE OF LEGAL POSITIVISM 29 Cardozo Journal of Equal Rights & Social Justice 663 (Summer, 2023) Each of the four arguably most famous dictators in modern Western history, Adolf Hitler, Porfirio Díaz, Napoleon Bonaparte, and Oliver Cromwell, were legal positivists. This is to say that they rejected both the common law and natural law conceptions of human rights. They furthermore rejected the judiciary's equitable power to enforce human rights... 2023
Monika Batra Kashyap A CRITICAL RACE FEMINISM CRITIQUE OF IMMIGRATION LAWS THAT EXCLUDE SEX WORKERS: MOVING FROM THEORY TO PRAXIS 38 Berkeley Journal of Gender, Law & Justice 52 (2023) This Article is the first to apply a critical race feminism (CRF) critique to the current immigration law in the United States, Immigration and Nationality Act (INA) § 212(a)(2)(D)(i), which excludes immigrants for engaging in sex work. This Article will use critical historical methodology to center the role of women of color as the primary targets... 2023
Jennifer M. Chacón A Diversion of Attention? Immigration Courts and the Adjudication of Fourth and Fifth Amendment Rights 59 Duke Law Journal 1563 (May, 2010) Because of fundamental changes in the nature of immigration enforcement over the past decade, an increasing number of interactions between law enforcement agents and noncitizens in the United States are ultimately adjudicated not in criminal courts, but in immigration courts. Unfortunately, unlike the state and federal courts that have long... 2010
Jennifer Coleman A Divisive Split in the Eighth, Fifth, and Third Circuits: What the Courts Have to Say about States and Communities Taking Immigration into Their Own Hands 27 Georgetown Immigration Law Journal 871 (Summer, 2013) As an indication of how polarizing the debate on immigration has become, three federal circuit courts came to different conclusions in the summer of 2013, regarding whether federal law preempts local employment and housing ordinances that impact immigration issues. Communities have passed ordinances related to rental housing and employment, among... 2013
Ediberto Román , Ernesto Sagás A DOMESTIC REIGN OF TERROR: DONALD TRUMP'S FAMILY SEPARATION POLICY 24 Harvard Latinx Law Review 65 (Spring, 2021) Family separation has the dubious distinction of being the most odious measure amongst Donald Trump's draconian anti-immigrant immigration policies. The policy was introduced by the Trump administration as a way to broadly deter would-be immigrants and asylum seekers by instilling in them the fear of being separated from their children. After its... 2021
Esther Yoona Cho A Double Bind-"Model Minority" and "Illegal Alien" 24 Asian American Law Journal 123 (2017) Introduction. 124 I. The Social Location of Asian Immigrants in the United States. 124 II. Complex and Nuanced Realities of the Asian Race/Illegality Intersection. 127 A. Invisibility of Undocumented Asian Immigrants: That We Exist.. 127 B. Perceived Advantages of Undocumented Asian Immigrants: They Do Have an Advantage.. 128 C. The Model... 2017
Edward Shore A DREAM DEFERRED: THE EMERGENCE AND FITFUL ENFORCEMENT OF THE QUILOMBO LAW IN BRAZIL 101 Texas Law Review 707 (February, 2023) In 1988, Brazil ratified Article 68, a constitutional provision that recognizes the collective property rights of quilombolas, who are the descendants of formerly enslaved Africans, many of whom had escaped slavery. Article 68 ushered a dramatic transformation in the racial politics of Brazil, one of the most unequal societies in the world.... 2023
Kristina M. Campbell A Dry Hate: White Supremacy and Anti-immigrant Rhetoric in the Humanitarian Crisis on the U.s.-mexico Border 117 West Virginia Law Review 1081 (Spring, 2015) I. Introduction. 1082 II. The Growth of Hate and Extremist Groups in the Southwest in the 1990s and Early 2000s. 1083 A. The 1990s: The Burgeoning Nativist Anti-Immigrant Movement in the Southwest. 1086 1. California Proposition 187. 1086 2. The Emergence of Nativist and Extremist Anti-Immigrant Groups. 1088 B. The 2000s: The Southwest Becomes the... 2015
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
Dominique Marangoni-Simonsen A FORGOTTEN HISTORY: HOW THE ASIAN AMERICAN WORKFORCE CULTIVATED MONTEREY COUNTY'S AGRICULTURAL INDUSTRY, DESPITE NATIONAL ANTI-ASIAN RHETORIC 27 Hastings Environmental Law Journal 229 (Winter, 2021) This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these... 2021
Karen McBeth Chopra A Forgotten Minority an American Perspective: Historical and Current Discrimination Against Asians from the Indian Subcontinent 1995 Detroit College of Law at Michigan State University Law Review 1269 (Winter, 1995) INTRODUCTION. 1270 I HISTORICAL BACKGROUND. 1274 A. The First Wave. 1274 1. Anti-Immigration Pressures. 1278 2. The Indian Component in the Anti-Immigration Fervor. 1278 B. Establishing a Community. 1280 C. The Exclusion Acts. 1281 D. The Citizenship Color Bar and Denaturalization. 1285 1. What is White?. 1286 2. Effect on American Wives. 1287 E.... 1995
Huyen Pham A Framework for Understanding Subfederal Enforcement of Immigration Laws 13 University of Saint Thomas Law Journal 508 (Fall, 2017) When thirty-two-year-old Kate Steinle was randomly shot during broad daylight on San Francisco's Pier 14, the initial public reaction was one of shock. When the shooter was determined to be an unauthorized immigrant who had been deported five times, and had been recently released by the San Francisco Sheriff's Department despite an extensive... 2017
Kara Hartzler A FREE PASS ON RACISM: IMMIGRATION AND THE EQUAL PROTECTION DOCTRINE 37 Maryland Journal of International Law 1 (2022) Imagine that in 2023, a new Congress wants to stop Black and Brown people from legally immigrating to the United States. Legislators give speeches on the House and Senate floors complaining about the infusion of negro slave blood. They openly claim that the Mexican peon is poisoning the American citizen. They refer to Black and Brown... 2022
Kathryn M. Bockley A Historical Overview of Refugee Legislation: the Deception of Foreign Policy in the Land of Promise 21 North Carolina Journal of International Law and Commercial Regulation 253 (Fall 1995) I. Introduction. 254 II. The Origins of Refugee Law: 1790-1940. 256 A. Federal Control of Immigration. 256 B. The Refugee Crisis in Europe. 260 C. The U.S. Response. 260 III. The Development of U.S. Refugee Legislation: 1948-1957. 262 A. The Displaced Persons Act of 1948. 262 B. The McCarran-Walter Act of 1952. 264 C. Refugee Relief Act of 1953.... 1995
Juliana Vélez-Echeverri and Camila Bustos A HUMAN RIGHTS APPROACH TO CLIMATE-INDUCED DISPLACEMENT: A CASE STUDY IN CENTRAL AMERICA AND COLOMBIA 31 Michigan State International Law Review 403 (2023) The past decade was the warmest decade ever recorded. As climate impacts intensify, numbers of people displaced and in need of relocation increase. International law has yet to adapt to a changing climate and its implications for those most vulnerable. Experts still debate whether the existing refugee regime could provide a solution for those... 2023
Jill E. Family A LACK OF UNIFORMITY, COMPOUNDED, IN IMMIGRATION LAW 98 Notre Dame Law Review 2115 (June, 2023) The Administrative Procedure Act (APA) is known for bringing standardization to federal agency behavior. The APA's framework for adjudication, however, is lax and incomplete. It provides standards, but only meaningfully for formal adjudication, and Congress rarely requires agencies to follow the APA's formal adjudication procedures. The APA,... 2023
Anita Sinha A LINEAGE OF FAMILY SEPARATION 87 Brooklyn Law Review 445 (Winter, 2022) History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... 2022
Hon. Denny Chin A LIVING LEGACY: THE KATZMANN STUDY GROUP ON IMMIGRANT REPRESENTATION 92 Fordham Law Review 811 (December, 2023) Introduction. 811 I. Remembering Judge Robert A. Katzmann. 813 II. Marking Fifteen Years of the Study Group's Efforts. 817 III. Laying Groundwork for the Future. 819 2023
Rick Su A Localist Reading of Local Immigration Regulations 86 North Carolina Law Review 1619 (September, 2008) The conventional account of immigration regulations at the local level often assumes that the local is simply a new battleground in the national immigration debates. This Article questions that assumption. Foregrounding the legal rules that organize local governments and channel local action, this Article argues that the local immigration... 2008
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
Taleed El-Sabawi , Jennifer J. Carrolla A MODEL FOR DEFUNDING: AN EVIDENCE-BASED STATUTE FOR BEHAVIORAL HEALTH CRISIS RESPONSE 94 Temple Law Review 1 (Fall, 2021) Too many Black persons and other persons of color are dying at the hands of law enforcement, leading many to call for the defunding of police. These deaths were directly caused by excessive use of force by police officers but were also driven by upstream and institutional factors that include structural racism, institutional bias, and a historic... 2021
Scott Titshaw A Modest Proposal to Deport the Children of Gay Citizens, & Etc.: Immigration Law, the Defense of Marriage Act and the Children of Same-sex Couples 25 Georgetown Immigration Law Journal 407 (Winter, 2011) The Defense of Marriage Act (DOMA), which defines the terms marriage and spouse for federal purposes, clearly prevents the recognition of same-sex spouses under U.S. immigration law. Unless judges and immigration officials are careful to limit it as Congress intended, DOMA might also have a tragic unintended effect on some parent-child... 2011
April McKenzie A Nation of Immigrants or a Nation of Suspects? State and Local Enforcement of Federal Immigration Laws since 9/11 55 Alabama Law Review 1149 (Summer 2004) Illegal immigration sparked nationwide debate in the 1990s, particularly on the local level. Many states were concerned about the financial burden imposed on them because of the lack of enforcement of federal immigration laws. The states demanded financial aid to offset the costs of social services provided, as well as requested overall immigration... 2004
R. Mark Frey A Nation of Nations: a Great American Immigration Story by Tom Gjelten Simon & Schuster, New York, Ny, 2015. 405 Pages, $28.00 63-MAY Federal Lawyer 83 (May, 2016) It's election season and that means presidential candidates are out meeting and greeting the electorate, selling themselves and their brand. They push hot buttons and they sling mud to garner interest and to divide the voters as they vie for their respective party's nomination and then run for the presidency. Immigration is again at the fore as we... 2016
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
James F. Smith A Nation That Welcomes Immigrants? An Historical Examination of United States Immigration Policy 1 U.C. Davis Journal of International Law and Policy 227 (Spring 1995) INTRODUCTION. 228 I. THE HISTORY OF UNITED STATES IMMIGRATION AND NATURALIZATION LEGISLATION. 228 A. Selective Admissions. 229 B. National Origin Quotas (1921-1965). 232 C. The Elimination of the Quota System and Illegalization of the Mexican Worker (1952, 1965-1976). 233 D. The Immigration Act of 1965. 233 E. Immigration Legislation (1970-76). 235... 1995
Ingrid V. Eagly , Steven Shafer A National Study of Access to Counsel in Immigration Court 164 University of Pennsylvania Law Review 1 (December, 2015) Although immigrants have a right to be represented by counsel in immigration court, it has long been the case that the government has no obligation to provide an attorney for those who are unable to afford one. Recently, however, a broad coalition of public figures, scholars, advocates, courts, and philanthropic foundations have begun to push for... 2015
Berta Esperanza Hernández-Truyol A Need for Culture Change: Glbt Latinas/os and Immigration 6 FIU Law Review 269 (Spring, 2011) In conversations about Latina/o immigration, such as the one that took place at LLEADS #2: The U.S. Immigration Crises: Enemies at Our Gates or Lady Liberty's Huddled Masses?, there is one issue that we tend not to address. There exists a Latina/o immigration cuento normativo (normative narrative) that obscures and denies an entire group of... 2011
Leticia M. Saucedo A New "U": Organizing Victims and Protecting Immigrant Workers 42 University of Richmond Law Review 891 (March, 2008) This article explores the viability and potential effectiveness of immigration law's U visa to contribute to the protection of groups of workers in substandard and dangerous workplaces. Immigration law has increasingly become an obstacle to the enforcement of employment and labor law to protect immigrant workers. Moreover, employment and labor law,... 2008
Medha D. Makhlouf , Patrick J. Glen A PATHWAY TO HEALTH CARE CITIZENSHIP FOR DACA BENEFICIARIES 12 California Law Review Online 29 (June, 2021) Since 2012, beneficiaries of Deferred Action for Childhood Arrivals (DACA) have enjoyed a certain normalization, however tenuous, of their status in the United States: they can legally work, their removal proceedings are deferred, and they cease to accrue unlawful presence. Regarding subsidized health coverage, however, DACA beneficiaries remain on... 2021
Luis Angel Toro A People Distinct from Others: Race and Identity in Federal Indian Law and the Hispanic Classification in Omb Directive No. 15 26 Texas Tech Law Review 1219 (1995) I. INTRODUCTION. 1219 II. DEFINITIONS OF TERMS. 1223 III. BIOLOGICAL RACE, DIRECTIVE NO. 15, AND THE IMMIGRANT ANALOGY. 1225 IV. RACE AND IDENTITY IN U.S. LAW AND INDIGENOUS TRADITION. 1230 V. RACE AND IDENTITY IN CONTEMPORARY JURISPRUDENCE. 1238 VI. DIRECTIVE NO. 15 AND THE SOCIAL CONSTRUCTION OF RACE. 1243 VII. CHICANOS AS A RACIALIZED MINORITY... 1995
Portia Pedro A PRELUDE TO A CRITICAL RACE THEORETICAL ACCOUNT OF CIVIL PROCEDURE 107 Virginia Law Review Online 143 (June, 2021) In this Essay, I examine the lack of scholarly attention given to the role of civil procedure in racial subordination. I posit that a dearth of critical thought interrogating the connections between procedure and the subjugation of marginalized peoples might be due to the limited experiences of procedural scholars; a misconception that procedural... 2021
Maria E. Andrade , Hans C. Meyer A Problem Worth Looking For: Immigration-related Employer Investigations, Sanctions and Protection Plans 51-JUL Advocate 19 (June/July, 2008) Considering the present landscape of heightened immigration enforcement and recent changes to immigration law, businesses with a large non-citizen workforce need to take an honest look at their employment-related immigration practices. Failure to do so, particularly given the vitriolic and polarizing environment of the contemporary immigration... 2008
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
Lexie M. Ford A REASONABLE POSSIBILITY OF REFOULEMENT: THE INADEQUACIES OF PROCEDURES TO PROTECT VULNERABLE NONCITIZENS FROM RETURN TO PERSECUTION, TORTURE, OR DEATH 9 Texas A&M Law Review 209 (Fall, 2021) Due primarily to increases in individuals fleeing violence and turmoil in Central America, over 40% of noncitizens arriving in the United States are put on a fast-track removal process and subsequently claim fear of returning to their home countries. A decade ago, the number was only 5%. This influx of asylum-seekers at the border has led to... 2021
Heather Holman A RECKONING FOR RELIGIOUS FREEDOM: INDIA'S BJP AND THE INTERNATIONAL IMPLICATIONS OF ANTI-MUSLIM LEADERSHIP 38 American University International Law Review 231 (2023) Currently, the Bharatiya Janata Party (BJP) holds the majority in the Indian Parliament, where it exercises its authority by passing legislation that comports with Hindutva. Hindutva is a political ideology that champions policies intended to make India a Hindu state. Toward this end, BJP leaders use harmful rhetoric and pass legislation that harms... 2023
Barbara J. Selberg A Reprise of Warrants, Probable Cause, and Articulable Suspicion in Immigration Enforcement-laduke V. Nelson, 762 F.2d 1318 (9th Cir.1985). 61 Washington Law Review 1253 (July, 1986) Illegal immigration, especially of Mexican citizens, poses a serious national problem. It presents a particular challenge to the Immigration and Naturalization Service (INS), the agency charged with enforcing federal regulations concerning aliens. Although the INS has employed a variety of enforcement techniques, its methods have had only limited... 1986
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
Stephanie Kang A Rose by Any Other Name: the Chilling Effect of Ice's "Secure" Communities Program 9 Hastings Race and Poverty Law Journal 83 (Winter 2012) Since the September 11, 2001, attack on United States soil, both the federal government and its citizens have felt a renewed urgency to police United States borders and push undocumented immigrants out of the country in the name of national security. For example, a recent study conducted in February 2011 found that 35% of survey respondents say... 2012
Paul R. Verkuil A Study of Immigration Procedures 31 UCLA Law Review 1141 (August, 1984) C1-3Table of Contents I. Introduction. 1142 A. A Brief Overview. 1143 B. The Plan of This Article. 1144 II. Due Process in the Immigration Setting. 1146 A. The Concept of Flexible Due Process. 1146 B. The Relevance of Flexible Due Process to the Immigration Setting. 1148 III. Valuation of Individual and Governmental Interests In Immigration... 1984
Karen J. Pita Loor A Study on Immigrant Activism, Secure Communities, and Rawlsian Civil Disobedience 100 Marquette Law Review 565 (Winter 2016) This Article explores the immigrant acts of protest during the Obama presidency in opposition to the Secure Communities (SCOMM) immigration enforcement program through the lens of philosopher John Rawls' theory of civil disobedience and posits that this immigrant resistance contributed to that administration's dismantling the federal program by... 2016
Arístides Díaz-Pedrosa A Tale of Competing Policies: the Creation of Havens for Illegal Immigrants and the Black Market Economy in the European Union 37 Cornell International Law Journal 431 (2004) As long as it is possible to hire wetbacks at 10 cents an hour, they will be coming across the border until kingdom come. Introduction. 432 I. The Forces at Work in Transnational Immigration. 436 A. Push Factors of Immigration. 436 B. State Regulation of Immigration. 437 1. The Blessings. 438 2. The Burdens. 439 C. Labor Needs in the Receiving... 2004
Jason P. Luther A Tale of Two Cities: Is Lozano V. City of Hazleton the Judicial Epilogue to the Story of Local Immigration Regulation in Beaufort County, South Carolina? 59 South Carolina Law Review 573 (Spring 2008) Immigration is a national issue. -District Judge Munley, writing in Lozano v. City of Hazleton I could no longer wait for the federal government to do anything. . . . Illegal immigration is not a federal problem. It is a local issue. We deal with it every single day. -Louis Barletta, Mayor of Hazleton, Pennsylvania When the federal government... 2008
Jonathan C. Augustine A Theology of Welcome: Faith-based Considerations of Immigrants as Strangers in a Foreign Land 19 Connecticut Public Interest Law Journal 245 (Spring, 2020) When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as the citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt . On Wednesday, August 7, 2019, United States immigration authorities raided seven food processing plants in small towns... 2020
Wesley Kennedy , Angie M. Cowan A Touch of "Class"-immigration and the Intersection of Politics and Protected Section 7 Activity 23 Labor Lawyer 99 (Summer, 2007) Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door. Emma Lazarus, The New Colossus Is this the best way we can grow our big orchards? Is this the best way we can grow our good fruit? To fall... 2007
John Witte, Jr., Robert W. Woodruff University Professor of Law; McDonald Distinguished Professor of Religion; Director, Center for the Study of Law and Religion, Emory University A Tribute to Frank S. Alexander 35 Journal of Law and Religion 194 (August, 2020) A time of troubles, in Toynbee's words, is a period of crisis in law and values--a loss of faith in law and in the presence of principles underlying the law. Today is just such a time - the authority of law has disintegrated into lawless authority .. Cries for the protection of human life are heard in our hospitals, and in our prayers, but we are... 2020
Kareem W. Shora A TWENTY-YEAR LESSON: THE ROLE OF CIVIL RIGHTS IN SECURING OUR NATION 12 Journal of National Security Law & Policy 187 (2021) L1-2Introduction: The Failure of Trust and Impact on Communities . L3187 L1A. L2Lesson One: Do Not Conflate Immigration Enforcement with Violence Prevention. L3188 I. Diversity, Equity, and Inclusion Provide Collective Security. 189 A. Lesson Two: Avoid the ideological litmus test. 190 B. Lesson Three: Civil Rights and Civil Liberties Should Not Be... 2021
Anna Shifrin Faber A Vessel for Discrimination: the Public Charge Standard of Inadmissibility and Deportation 108 Georgetown Law Journal 1363 (April, 2020) Law . becomes civilized to the extent that it is self-conscious of what it is doing. C1-2Table of Contents Introduction. 1364 I. Public Charge: Now and Then. 1366 a. the current standard. 1366 1. Admission. 1367 2. Deportation. 1369 b. history of public charge. 1369 1. The Colonial Era to the Beginning of the Twentieth Century. 1370 2. The Early... 2020
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