Andrea Aguilar Civilian Border Patrols: the Right to Safely Cross the Border Vs. The Right to Protect Private Property 11 Scholar: St. Mary's Law Review on Minority Issues 371 (Spring 2009) I. Introduction. 372 II. Legal Background. 376 A. The Federal Government's Statutory Right to Control Immigration. 376 B. Civilian Border Patrol Groups' Legal Rights. 378 C. Constitutional Protections for Aliens. 383 III. Legal Analysis. 385 A. Political and Social Issues. 385 1. The Threat of Federal Interference Posed by Civilian Border Patrol... 2009
Laurel R. Boatright Clear Eye for the State Guy: Clarifying Authority and Trusting Federalism to Increase Nonfederal Assistance with Immigration Enforcement 84 Texas Law Review 1633 (May, 2006) If the 9/11 terrorist attacks changed everything, they particularly changed the character of American law enforcement and the relationship of federal authorities to their state and local counterparts. Although less publicized than its condemnation of the infamous intelligence-sharing wall, the 9/11 Commission also insisted upon increased... 2006
Duane Rudolph CLIMATE DISCRIMINATION 72 Catholic University Law Review 1 (Winter, 2023) This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States... 2023
Camila Bustos , Bruni Pizarro , Tabitha Sookdeo CLIMATE MIGRATION AND DISPLACEMENT: A CASE STUDY OF PUERTO RICAN WOMEN IN CONNECTICUT 55 Connecticut Law Review 781 (June, 2023) The climate crisis is increasingly forcing people to flee their homes, whether internally or across state borders. However, existing international and domestic law does not provide sufficient protection for those forcibly displaced by extreme weather events. In 2021, the Biden administration issued an executive order and subsequently a report on... 2023
Kevin R. Johnson , Amagda Pérez Clinical Legal Education and the U.c. Davis Immigration Law Clinic: Putting Theory into Practice and Practice into Theory 51 SMU Law Review 1423 (July-August, 1998) I. THE U.C. DAVIS IMMIGRATION LAW CLINIC. 1428 A. History: From Past to Present. 1430 B. Clinic Operations: A Law Office With Students. 1435 1. Case Selection. 1436 2. Case Preparation. 1437 3. The Hearing. 1440 C. The Clients. 1440 1. Suspension of Deportation for Disabled Mexican Citizen. 1441 2. Deferred Action/Adjustment of Pakistani Minor.... 1998
Guillermo M. Hernández, III Closing the Courthouse Doors: the Implications of the Discovery of Immigration Related Facts and the Effects of § 30.014 of the Texas Civil Practice & Remedies Code 13 Scholar: St. Mary's Law Review on Minority Issues 673 (Spring 2011) I. Introduction. 674 II. Discovery of Immigration Related Facts in Civil Litigation. 679 A. Discovery Procedures. 679 B. The Types of Claims Discovery of Immigration Related Facts Effect. 680 1. Labor and Employment Claims. 680 2. Violence, Abuse, Sexual Harassment, and Trafficking Laws. 683 C. State of Law Regarding the Discoverability of... 2011
Liza Cristol-Deman , Richard Edwards Closing the Door on the Immigrant Poor 9 Stanford Law and Policy Review 141 (Winter, 1998) Public Law 104-193 (H.R. 3734), signed by President Clinton on August 22, 1996, is designated the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). Title IV of the law contains provisions that address the eligibility of immigrants to receive benefits from state and federal government agencies. Title IV reflects the... 1998
Yael Cannon CLOSING THE HEALTH JUSTICE GAP: ACCESS TO JUSTICE IN FURTHERANCE OF HEALTH EQUITY 53 Columbia Human Rights Law Review 517 (Spring, 2022) A massive civil justice gap plagues the United States. Every day, low-income Americans--and disproportionately people of color--go without the legal information and representation they need to enforce their rights. This can cost them their homes, jobs, food security, or children. But unmet civil legal needs in housing, employment, and public... 2022
Adam C. Abrahms Closing the Immigration Loophole: the 14th Amendment's Jurisdiction Requirement 12 Georgetown Immigration Law Journal 469 (Spring, 1998) I encourage you to go to Scripps Hospital in the Chula Vista area and see the number of parents, expectant mothers who are here across the border without sanction and they're touring the parking lot waiting for their pains to start so they can go in and deliver their children. The above statement is the testimony of a County Supervisor from San... 1998
César Cuauhtémoc García Hernández Cluster Introduction - Immigrant Outsider, Alien Invader: Immigration Policing Today 48 California Western Law Review 231 (Spring 2012) This is the story of immigration policing today. Sensors in the ground, high-intensity lights overhead, steel walls ten feet high, and drone aircraft in the air. Twenty-one thousand uniformed personnel armed with automatic weaponry, their might augmented by many thousands more from local law enforcement agencies. All tied together through massive... 2012
Sofía D. Martos Coded Codes: Discriminatory Intent, Modern Political Mobilization, and Local Immigration Ordinances 85 New York University Law Review 2099 (December, 2010) The extent to which some local immigration ordinances are motivated by national-origin or racial discrimination is difficult to discern because our current application of the Equal Protection Clause involves a narrow understanding of the evidence of discriminatory intent. In the last decade, cities and towns have become immigration policy... 2010
Mirian G. Martinez-Aranda Collective Liminality: the Spillover Effects of Indeterminate Detention on Immigrant Families 54 Law and Society Review 755 (December, 2020) This article introduces the concept of collective liminality, a shared condition of heightened threat and uncertainty experienced by immigrant detainees and their families, as they wait, caught between two possible outcomes: their loved one's (temporary or permanent) release into the US or deportation. Drawing on 2 years of ethnographic data... 2020
Susan K. Serrano Collective Memory and the Persistence of Injustice: from Hawai'i's Plantations to Congress--puerto Ricans' Claims to Membership in the Polity 20 Southern California Review of Law & Social Justice 353 (Summer 2011) At the dawn of the twentieth century--after the United States' successful takeover of Puerto Rico, Hawaii, the Philippines, and Guam--burgeoning American agribusiness sought to control immigrant workers from around the world. In particular, it targeted recalcitrant Puerto Ricans organizing mass resistance to oppressive working and living... 2011
Glenys P. Spence Colonial Relics: Unearthing the Lingering Tyranny of Colonial Discourse in U.s.-caribbean Immigration Law and Policy 26 Journal of Civil Rights & Economic Development 127 (Fall 2011) Immigration law is constantly evolving. It is one of the most dynamic and multi-faceted areas of law. Specifically, in the space of asylum and refugee law, practitioners, immigration judges and our appellate courts face a daunting task of reconciling the law with the plethora of human misery that flock to our shores. The laws are plagued with... 2011
Catherine Powell COLOR OF COVID AND GENDER OF COVID: ESSENTIAL WORKERS, NOT DISPOSABLE PEOPLE 33 Yale Journal of Law & Feminism 1 (2021) We live in a viral moment--a moment of interconnected pandemics. The COVID-19 crisis provides a window into the underlying pandemics of inequality, economic insecurity, and injustice. In fact, the viruses of sexism, racism, and economic instability are pre-existing conditions of an unjust legal system--baked into our nation at the... 2021
Jasmine B. Gonzales Rose Color-blind but Not Color-deaf: Accent Discrimination in Jury Selection 44 New York University Review of Law and Social Change 309 (2020) Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too... 2020
Ming Hsu Chen COLORBLIND NATIONALISM AND THE LIMITS OF CITIZENSHIP 44 Cardozo Law Review 945 (February, 2023) Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim... 2023
Paul Meehan Combatting Restrictions on Immigrant Access to Public Benefits: a Human Rights Perspective 11 Georgetown Immigration Law Journal 389 (1997) Immigration into the United States, both documented and undocumented, has grown steadily over the past two decades and now exceeds one million persons per year. In a time of shrinking government budgets, stagnant or declining real wages, and job instability, immigration has again become a politically charged issue. Whether based on fact, fiction or... 1997
Joel C. Norwood Commentary Introduction 39 Connecticut Law Review 1825 (July, 2007) Although the controversy over immigration reform has intensified since September 11, 2001, it has long been a subject that inflames individuals throughout the political spectrum. During the wave of immigration reform in the 1990s, arguments to change immigration laws focused on the economic threats allegedly posed by increasing numbers of... 2007
Hiroshi Motomura Comment--choosing Immigrants, Making Citizens 59 Stanford Law Review 857 (February, 2007) Introduction. 857 I. A Closer Look at Second-Order Structure. 859 A. Defining Ex Ante and Ex Post Screening. 859 B. The Problem of Country-Specific Investments. 863 C. The Constitution, the Undocumented, and Ex Post Screening. 866 II. Frames of Reference. 868 Conclusion. 870 2007
Jeremy Rabkin COMMERCE WITH THE INDIAN TRIBES: ORIGINAL MEANINGS, CURRENT IMPLICATIONS 56 Indiana Law Review 279 (2023) The Supreme Court's 2022 ruling in Oklahoma v. Castro-Huerta defied much current precedent and practice, as four dissenters protested. But neither side grappled with the Constitution's original meaning. Both text and early practice confirm that the federal power to regulate commerce with the Indian tribes was a different, more constrained power... 2023
Julian M. Hill COMMERCIAL RENT STABILIZATION: ONE LOCAL RESPONSE TO SKYROCKETING RENTS 25 NYU Journal of Legislation and Public Policy 603 (2022-2023) Rent hikes have displaced Black- and immigrant-led small businesses and nonprofits for years at alarming rates, and COVID-19 accelerated the trend. Recognizing the ripple effects on owners, community leaders, employees, and underserved communities, several organizers, activists, lawyers, and local legislators around the country are revisiting... 2023
Walker Moller Common Sense Preemption or Preempting Common Sense? A Call to Abandon Obstacle Preemption and Adopt Elevated Scrutiny of Local Legislation Targeting Undocumented Immigrants 33 Mississippi College Law Review 119 (2014) I. Introduction. 121 II. Background and History of Preemption Law. 123 A. Tools Traditionally Available to the Federal Courts When Performing Preemption Analysis. 123 1. Express Preemption. 123 2. Field Preemption. 124 3. Conflict Preemption and Its Subsets. 126 4. Presumption Against Preemption. 127 B. Preemption and the Regulation of Immigration... 2014
Annie M. Chan Community and the Constitution: a Reassessment of the Roots of Immigration Law 21 Vermont Law Review 491 (Winter, 1996) The original Constitution, with two minor exceptions, confers protection in terms of personhood, not citizenship. Yet, since the late nineteenth century, under immigration theory, as shaped and applied by case law, aliens have been regarded as constitutional outsiders. Under a legal entry fiction, aliens, regardless of physical presence within... 1996
Jeena Shah COMMUNITY LAWYERING IN RESISTANCE TO NEOLIBERALISM 120 Michigan Law Review 1061 (April, 2022) An Equal Place: Lawyers in the Struggle for Los Angeles. By Scott L. Cummings. New York: Oxford University Press. 2021. Pp. xxi, 661. $44.95. 1. . This is a multi-layered city, unceremoniously built on hills, valleys, ravines. Flying into Burbank airport in the day, you observe gradations of trees and earth. A city seems to be an afterthought,... 2022
Janine Prantl COMMUNITY SPONSORSHIPS FOR REFUGEES AND OTHER FORCED MIGRANTS: LEARNING FROM OUTSIDE AND INSIDE THE UNITED STATES 37 Georgetown Immigration Law Journal 401 (Spring, 2023) The number of refugees and other forcibly displaced persons is at a historic high, but countries have failed to address this global resettlement need. Traditionally, the United States counts among the top resettlement contributors, followed by Canada. But after U.S. refugee admissions reached an all-time low under former President Trump, the system... 2023
Diana Ramirez COMPARATIVE IMMIGRATION POLICIES FOR UNACCOMPANIED MINORS: A SHARED CHALLENGE 19 Loyola University Chicago International Law Review 157 (Spring, 2023) Unaccompanied minors from the Northern-Triangle and Mexico have been arriving at the United States border in large numbers over the past decade as a result of forced migration movements. Although the arrival of unaccompanied minors is not a new phenomenon in the United States, recent administrations have responded in ways that have made the... 2023
Steven W. Bender Compassionate Immigration Reform 38 Fordham Urban Law Journal 107 (November, 2010) To be hopeful in bad times is not just foolishly romantic. It is based on the fact that human history is a history not only of cruelty, but also of compassion, sacri?ce, courage, kindness.-Howard Zinn Ideals of comprehensive immigration reform have been co-opted by advocates of border and internal security and enforcement, leaving behind our... 2010
Savannah Kumar Compelling Labor and Chilling Dissent: Creative Resistance to Coercive Uses of Solitary Confinement in Prisons and Immigration Detention Centers 36 Harvard Blackletter Law Journal 93 (Spring, 2020) Solitary confinement has been used for centuries as a mechanism for controlling incarcerated people. Increasingly, however, prisons and immigration detention centers are strategically administering solitary confinement specifically to compel incarcerated people to perform labor. The largely uncompensated labor of incarcerated people results in... 2020
Vienna Flores Competing Paradigms of Immigrant Human Rights in America 21 Law & Business Review of the Americas 459 (Fall 2015) 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-tossed to me, I lift my lamp beside the golden door. These are the words chiseled onto the Statue of Liberty--the expression that has sculpted the free world; the promise carved into every... 2015
John D. Skrentny, Micah Gell-Redman Comprehensive Immigration Reform and the Dynamics of Statutory Entrenchment 120 Yale Law Journal Online 325 (March 18, 2011) In his 2008 campaign, then-Democratic presidential candidate Barack Obama promised comprehensive immigration reform. Two years into his Administration, and despite continued efforts to promote reform, there has not even been a vote in Congress on a comprehensive bill. President Obama's predecessor, Republican George W. Bush, also promised... 2011
Stella Burch Elias Comprehensive Immigration Reform(s): Immigration Regulation Beyond Our Borders 39 Yale Journal of International Law 37 (Winter 2014) I. Introduction. 37 II. Immigration Federalism in Comparative Context. 41 III. Immigration Regulation in the United States. 44 IV. Immigration Regulation Beyond our Borders. 52 A. The German Model. 55 B. The Australian Model. 62 C. The Canadian Model. 71 V. The Future of Immigration Regulation in the United States. 78 A. Federal, State, and Local... 2014
Robyn M. Powell CONFRONTING EUGENICS MEANS FINALLY CONFRONTING ITS ABLEIST ROOTS 27 William and Mary Journal of Race, Gender, and Social Justice 607 (Spring, 2021) In September 2020, a whistleblower complaint was filed alleging that hysterectomies are being performed on women at an immigration detention center in alarmingly high rates. Regrettably, forced sterilizations are part of the nation's long-standing history of weaponizing reproduction to subjugate socially marginalized communities. While public... 2021
Annie Lai Confronting Proxy Criminalization 92 Denver University Law Review 879 (2015) Though state laws that directly criminalize unlawful presence have been struck down in the wake of the Supreme Court's decision in Arizona v. United States, the criminalization of immigrants continues unabated. This Article examines one form of criminalization, criminalization by proxy, by which state and local governments are punishing conduct... 2015
S. Priya Morley CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT 69 UCLA Law Review Discourse 100 (2022) The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... 2022
  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
Joshua J. Schroeder CONSERVATIVE PROGRESSIVISM IN IMMIGRANT HABEAS COURT: WHY BOUMEDIENE v. BUSH IS THE BASELINE CONSTITUTIONAL MINIMUM 45 Harbinger 46 (April 23, 2021) This article opens with a presentation of the six baseline holdings of Boumediene v. Bush as an expression of the basic constitutional minimum required under the Suspension Clause for all habeas cases. Then it describes the Circuit split that gave rise to DHS v. Thuraissigiam, which distinguished Boumediene according to the Court's Conservative... 2021
Eli J. Kay-Oliphant Considering Race in American Immigration Jurisprudence 54 Emory Law Journal 681 (Winter 2005) Imagine that you are President, fifteen years from now. You have been sitting in the Oval Office, thinking to yourself for over an hour. The silence is uncommon, considering your hectic schedule, and reflects the gravity of the situation and importance of the decision you must make. Time is moving slowly. Your mind races from one impossible... 2005
Roy G. Spece, Jr. Constitutional Attacks Against the Patient Protection and Affordable Care Act's "Mandating" That Certain Individuals and Employers Purchase Insurance While Restricting Purchase by Undocumented Immigrants and Women Seeking Abortion Coverage 38 Northern Kentucky Law Review 489 (2011) I. Introduction: Four Contexts for Constitutional Analysis 490 II. Certain Historical Events, Situations and Processes that Preceded the PPACA 499 III. A Brief Description of Parts of the PPACA 508 A. Assumptions for Purposes of Analysis 508 B. A Global Overview 508 C. Additional Info about the PPACA Provisions Most Relevant Here 513 1. Exchanges... 2011
Toni M. Massaro, Shefali Milczarek-Desai Constitutional Cities: Sanctuary Jurisdictions, Local Voice, and Individual Liberty 50 Columbia Human Rights Law Review Rev. 1 (Fall, 2018) The United States is deeply divided on matters that range from immigration to religion to fracking. Blue states resist red federal policies, and intrastate disputes pit state legislatures against recalcitrant local governments. One of these intergovernmental policy flare-ups involves so-called sanctuary jurisdictions--government actors that... 2018
Ebba Gebisa Constitutional Concerns with the Enforcement and Expansion of Expedited Removal 2007 University of Chicago Legal Forum 565 (2007) Sharon McKnight, a New York resident who is a United States citizen of Jamaican descent, was taken into custody and handcuffed by the Immigration and Naturalization Service (INS) upon her arrival at New York's John F. Kennedy International Airport on June 10, 2000. The INS officials at the airport took McKnight into custody because they... 2007
Shannah Colbert CONSTITUTIONAL LAW--DEVICE SEARCHES ABSENT REASONABLE SUSPICION ALLOW SECURITY INTERESTS TO OUTWEIGH PRIVACY CONCERNS AND AMPLIFY BIAS AT THE U.S. BORDER--ALASAAD v. MAYORKAS, 988 F.3D 8 (1ST CIR. 2021) 27 Suffolk Journal of Trial and Appellate Advocacy 295 (2021-2022) The Constitution of the United States sets forth fundamental principles that create a national government, divide its power, and protect individual liberties. Although the Fourth Amendment forbids unreasonable searches and seizures, some searches, such as those conducted at the United States border, are subject to exceptions. In Alasaad v.... 2022
  Constitutionality of Restrictions on Aliens' Right to Work 57 Columbia Law Review 1012 (November, 1957) The dramatic plight of the Hungarian refugees has again focused attention on the problems faced by immigrants to this country in obtaining work of their own choice. While nowhere approaching the level of immigration of the early twentieth century, the number of newcomers arriving from abroad has shown a marked upswing. They are met with numerous... 1957
Trevor T. W. Wan CONSTITUTIONALIZATION OF HAPPINESS: A GLOBAL AND COMPARATIVE INQUIRY 24 German Law Journal 1209 (November, 2023) Happiness and well-being are now explicitly enshrined in a myriad of national constitutions. As of 2022, the terms happiness and well-being form part of the constitutional lexicon of more than 20 and 110 states respectively. These happiness provisions epitomize the phenomenon of the constitutionalization of happiness, which denotes the... 2023
Maritza I. Reyes Constitutionalizing Immigration Law: the Vital Role of Judicial Discretion in the Removal of Lawful Permanent Residents 84 Temple Law Review 637 (Spring 2012) For decades, scholars and advocates criticized the harsh, mandatory nature of the Federal Sentencing Guidelines. They argued that federal district court judges should have discretion to authorize a punishment that fits the facts and circumstances of the crime and the defendant. Similarly, immigration scholars and advocates criticize the harsh laws... 2012
Leslie Jose Zigel Constricting the Clave: the United States, Cuban Music, and the New World Order 26 University of Miami Inter-American Law Review 129 (Fall 1994) I. Introduction. 130 A. The Travails of U.S. Concert Promoters Presenting Foreign Talent. 140 B. New York City: Jazz Capital of the World. 143 II. The History of Proclamation 5377. 146 A. Fidel Castro's Rise and the U.S. Government's Response. 146 B. U.S. Immigration Policy and Cuba. 150 C. The Reagan Years, Mariel, Radio Martú, and Proclamation... 1994
Margot K. Mendelson Constructing America: Mythmaking in U.s. Immigration Courts 119 Yale Law Journal 1012 (March, 2010) This Note argues that immigration courts have served and continue to serve as important sites for the perpetuation of national identity myths. By focusing on a subset of cases called cancellation of removal, I examine the functional criteria by which immigrants are granted exemption from deportation. Despite ostensibly neutral statutory... 2010
Yolanda Vazquez Constructing Crimmigration: Latino Subordination in a "Post-racial" World 76 Ohio State Law Journal 599 (2015) Over the last forty years, the concern over the relationship between noncitizens and criminality has reached epic proportions. Laws, policies, procedures, and rules have been developed, the immigration and criminal justice system have been employed, and billions of dollars have been spent towards detecting, detaining, prosecuting, and removing... 2015
Ion Meyn CONSTRUCTING SEPARATE AND UNEQUAL COURTROOMS 63 Arizona Law Review 1 (Spring, 2021) Federal reform transformed civil and criminal litigation in the early 1940s. The new civil rules sought to achieve adversarial balance as it afforded litigants, virtually all white, with powerful discovery tools. In contrast, the new criminal rules denied defendants, often litigants of color, any power to discover information. Instead, the new... 2021
Bill Ong Hing Contemplating a Rebellious Approach to Representing Unaccompanied Immigrant Children in a Deportation Defense Clinic 23 Clinical Law Review 167 (Fall, 2016) In response to the surge of unaccompanied immigrant children at the border in the summer of 2014, I expanded my pro bono work with students and started a law school deportation defense clinic. With the hard work of a full-time immigration attorney and a paralegal, the Clinic has attracted three to four students each semester (including summers) who... 2016
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