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
Dagmar Rita Myslinska Contemporary First-generation European Americans: the Unbearable "Whiteness" of Being 88 Tulane Law Review 559 (February, 2014) Contemporary European immigrants face unique sociocultural and legal concerns that go beyond issues of race, class, national-origin, and accent discrimination. These concerns are not adequately addressed by laws protecting groups based on their national origins or ancestries. Scholarship and public discussions are silent on this topic. As a result,... 2014
Shani M. King CONTEXTUALIZING (CHILDREN'S) IMMIGRATION IN LAW, HISTORY, THEORY AND POLITICS 2022 Michigan State Law Review 187 (2022) Introduction. 188 I. Othering--A Brief Interpretation. 192 II. The Child as an Other. 194 A. Children as Others: Dependency (Nonadults) in Immigration Law. 198 B. Children as Others: Their Alienage or the Alienage of Their Parents in Family Law. 210 C. Repetition of Othering Narratives in Application of Welfare and Education Laws. 213 III. A... 2022
Allan Colbern, Melanie Amoroso-Pohl, Courtney Gutiérrez Contextualizing Sanctuary Policy Development in the United States: Conceptual and Constitutional Underpinnings, 1979 to 2018 46 Fordham Urban Law Journal 489 (June, 2019) Introduction. 490 I. Approaches to Understanding Sanctuary. 495 A. Typological-Legal Approach. 496 B. Historical-Legal Approach. 502 C. Historical-Moral Approach. 507 D. Policy-Data Approach. 509 II. Sanctuary Policy Development. 511 A. Period 1: 1979-1995 Sanctuary from Immigration Law. 515 1. Church Sanctuary Movement. 517 2. Moral Activism... 2019
Camille Gear Rich Contracting Our Way to Inequality: Race, Reproductive Freedom, and the Quest for the Perfect Child 104 Minnesota Law Review 2375 (May, 2020) Introduction. 2377 I. Packaging Race in the ART Market. 2391 A. Packaging Gametes. 2392 B. Packaging Race. 2397 C. Packaging and Its Effect on Consumer Perceptions. 2405 1. The Re-Biologization of Race. 2406 2. Re-Instantiating Racial Categories. 2407 3. Racial Purity Rules. 2409 4. The Toxic Search for Whiteness. 2410 5. Anti-Miscegenation Ethos.... 2020
Jeffrey L. Ehrenpreis Controlling Our Borders Through Enhanced Employer Sanctions 79 Southern California Law Review 1203 (July 1, 2006) As a nation built by immigrants, the United States has historically maintained a generally pro-immigration policy. For many Americans, however, the current immigration system appears broken. Proponents of tighter immigration controls often point to the fact that two of the terrorists involved in the attacks on September 11, 2001 received approval... 2006
Elizabeth L. Young Converging Systems: How Changes in Fact and Law Require a Reassessment of Suppression in Immigration Proceedings 17 University of Pennsylvania Journal of Constitutional Law 1395 (May, 2015) Introduction. 1395 I. Lopez-Mendoza - Applying the Janis Test in immigration court. 1400 A. Background on Immigration Proceedings. 1402 B. Application of the Exclusionary Rule in Civil Proceedings: The Janis Test. 1406 II. Reassessing Social Cost and Deterrence Benefits. 1412 A. Nature of Immigration Proceedings. 1412 1. From Exclusion and... 2015
Christopher Carlberg Cooperative Noncooperation: a Proposal for an Effective Uniform Noncooperation Immigration Policy for Local Governments 77 George Washington Law Review 740 (April, 2009) If you are an illegal immigrant in New York City and a crime is committed against you, I want you to report that. Because . . . the next time a crime is committed, it could be against a citizen or a legal immigrant. -- Rudolph Giuliani Leaders of states, cities, and counties in the United States, like Mayor Giuliani, have struggled to determine... 2009
Ashley Binetti Armstrong CO-OPTING CORONAVIRUS, ASSAILING ASYLUM 35 Georgetown Immigration Law Journal 361 (Winter, 2021) The Centers for Disease Control (CDC) issued an Order on March 26, 2020, under Title 42, Section 265 of the Public Health Service Act, in the name of combatting the spread of coronavirus. The Order has been called the Asylum Ban because it effectively has sealed the southern border to protection-seekers, resulting in the pushback of nearly... 2021
Britta S. Loftus Coordinating U.s. Law on Immigration and Human Trafficking: Lifting the Lamp to Victims 43 Columbia Human Rights Law Review 143 (Fall, 2011) Keep, ancient lands, your storied pomp! cries she With silent lips. 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! There can be no doubt that the image of a stoic Lady Liberty welcoming... 2011
Paul Finkelman Coping with a New "Yellow Peril": Japanese Immigration, the Gentlemen's Agreement, and the Coming of World War Ii 117 West Virginia Law Review 1409 (Spring, 2015) I. Introduction. 1409 II. Early Opposition to Immigration in a Continent of Immigrants. 1412 III. Hostility to Immigration from the Revolution to the Civil War. 1415 IV. Hostility to European Immigrants, 1880-1924. 1420 V. East Asian Immigration. 1421 VI. The New Yellow Peril: Japanese Immigration. 1426 VII. The Rise of Anti-Japanese Sentiment,... 2015
Rebecca Sharpless Cosmopolitan Democracy and the Detention of Immigrant Families 47 New Mexico Law Review 19 (Winter, 2017) July 10, 2014: [O]ur message to [people who unlawfully cross the Mexican border with their children] is simple: We will send you back. We are building additional space to detain [families] and hold them until their expedited removal orders are effectuated. Jeh Johnson, Secretary of the U.S. Department of Homeland Security June 24, 2015: I have... 2017
Heidi Beirich, Mark Potok Countering Anti-immigration Extremism: the Southern Poverty Law Center's Strategies 12 New York City Law Review 405 (Summer 2009) At the end of the twentieth century and the beginning of the twenty-first, it became increasingly clear that the United States was seeing the rise of a xenophobic and ostensibly racist anti-immigration movement. This nativist wave was, unsurprisingly, accompanied by a rise since 2000 of more than fifty percent in the number of hate groups listed by... 2009
Madeleine Powers COUNTERING THE CRIMINAL NATURE OF IMMIGRATION ENFORCEMENT: A PROPOSAL TO EXPAND CONSTITUTIONAL SAFEGUARDS 21 Seattle Journal for Social Justice 51 (Fall, 2022) The Supreme Court of the United States has maintained that immigration deportation proceedings are purely civil actions and are not criminal proceedings intended to punish unlawful entry or presence of noncitizens. Given this classification, noncitizens facing deportation are not afforded many of the same constitutional safeguards as defendants... 2022
Stephen M. Feldman Court-packing Time? Supreme Court Legitimacy and Positivity Theory 68 Buffalo Law Review 1519 (December, 2020) Many progressives have decided they need to change the Supreme Court to break the conservative justices' lock on judicial power. Yet those same progressives disagree about the best way to change the Court. This Essay begins by comparing straight-forward court-packing--adding justices to shift the partisan balance on the Court--to other possible... 2020
  COURTS IN NAME ONLY: REPAIRING AMERICA'S IMMIGRATION ADJUDICATION SYSTEM 136 Harvard Law Review 908 (January, 2023) In recent years, immigration has risen to the top of America's collective consciousness. From President Trump's infamous Muslim ban to the separation of families at the border and the Biden Administration's response to Haitian refugees (and its subsequent response to Afghan and Ukrainian refugees), the fervor surrounding immigration has... 2023
Brian G. Slocum Courts Vs. The Political Branches: Immigration "Reform" and the Battle for the Future of Immigration Law 5 Georgetown Journal of Law and Public Policy 509 (Summer, 2007) When the topic of immigration reform is discussed, the focus is usually on the efforts of the political branches, particularly Congress. The role of the judiciary is typically ignored or mischaracterized. In this Article, Professor Slocum discusses the role of the judiciary with regard to immigration reform and argues that the judiciary's efforts... 2007
Henry J. Reske Courts Wrangle over Haitians 78-MAR ABA Journal 30 (March, 1992) A daring group of Cubans commandeers a state-owned helicopter and makes a dramatic and dangerous flight to freedom. They leave behind a repressive government and a country in economic chaos. They are welcomed in Florida with open arms, quickly processed through an Immigration and Naturalization Service detention center, and released. They will be... 1992
Richard A. Boswell Crafting an Amnesty with Traditional Tools: Registration and Cancellation 47 Harvard Journal on Legislation 175 (Winter 2010) Two pieces of legislation form the cornerstones of modern immigration reform. The first, the Immigration Reform and Control Act (IRCA), was enacted by Congress and signed into law by President Ronald Reagan in 1986. IRCA was proclaimed as a major step towards reform and was touted as the solution to the problem of illegal migration. The second,... 2010
Richard A. Boswell Crafting True Immigration Reform 35 William Mitchell Law Review Rev. 7 (2008) I. Introduction. 7 II. The Elusivity of Reform. 8 A. National Security and Terrorism. 13 III. America's Changing Demographics. 19 IV. A Growing Undocumented Population. 22 V. Proposed Reforms. 31 A. Reducing the Underground Population. 32 B. Dealing with the Forces of Migration. 34 VI. Conclusion. 36 2008
César Cuauhtémoc García Hernández Creating Crimmigration 2013 Brigham Young University Law Review 1457 (2013) The story of the United States has been one of welcoming foreigners. It has also been a story of excluding foreigners. Some prospective immigrants have been deemed worthy of admission into the country, while others have been turned back. Some entered without asking the government's permission and were deported after coming to the federal... 2013
Marisol Orihuela Crim-imm Lawyering 34 Georgetown Immigration Law Journal 613 (Spring, 2020) C1-2Table of Contents Introduction. 614 I. The Rise of Crim-Imm. 616 II. Lawyering Theory in Criminal and Immigration Law. 619 A. Why Lawyering Models Matter. 620 1. Early Social Change Lawyering Scholarship. 621 2. Intentionality and Self-Reflection. 622 B. Lawyering Theory in Immigration Law. 623 1. Community Lawyering. 624 2. Movement Lawyering.... 2020
Ingrid V. Eagly Criminal Clinics in the Pursuit of Immigrant Rights: Lessons from the Loncheros 2 UC Irvine Law Review 91 (February, 2012) Introduction. 91 I. The Role of Lawyers in the Lonchero Campaign. 93 A. The Organizational Phase: Contesting the Durational Restriction. 94 1. Crime. 96 2. Competition. 98 3. Race. 100 4. Collective Decisionmaking. 104 B. The Individual Phase: Defending the Test Case. 106 II. Implications for Clinics and Practice. 109 A. Individual Clients and Law... 2012
César Cuauhtémoc García Hernández Criminal Defense after Padilla V. Kentucky 26 Georgetown Immigration Law Journal 475 (Spring, 2012) Abstract: The Supreme Court's decision in Padilla v. Kentucky involves criminal defense attorneys in immigration law as never before. Long the mediators between defendants and the state's penal authority, these attorneys must now advise their noncitizen clients about the potential immigration pitfalls of a conviction. Just what advice is required,... 2012
Ingrid V. Eagly Criminal Justice for Noncitizens: an Analysis of Variation in Local Enforcement 88 New York University Law Review 1126 (October, 2013) The growing centrality of criminal aliens to American immigration enforcement is one of the most significant historical shifts in the federal immigration system. However, little is known about how this dramatic restructuring of federal immigration priorities affects local criminal justice systems. Do noncitizens experience the same type of... 2013
  CRIMINAL PROCEDURE--SEARCHES--SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS THAT CONTINUOUS, LONG-TERM POLE CAMERA SURVEILLANCE OUTSIDE HOMES IS A SEARCH UNDER STATE CONSTITUTIONAL LAW.--COMMONWEALTH v. MORA, 150 N.E.3D 297 (MASS. 2020) 134 Harvard Law Review 1268 (January, 2021) Today's digital world brings advanced police surveillance as never seen before, with more vulnerable communities bearing the brunt of these increased interactions and intrusions. And the stakes are high: repeated police exposure, digital or not, increases the risk of violent outcomes. The Fourth Amendment, which has come to regulate police actions... 2021
Jayesh Rathod Criminalization and the Politics of Migration in Brazil 16 Ohio State Journal of Criminal Law 147 (Fall, 2018) In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country's military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection... 2018
Shirley Lung Criminalizing Work and Non-work: the Disciplining of Immigrant and African American Workers 14 University of Massachusetts Law Review 290 (Spring, 2019) The realities of low-wage work in the United States challenge our basic notions of freedom and equality. Many low-wage workers share the condition of being stuck in jobs toiling excessive hours against their will for less than poverty wages in autocratic workplaces. Yet the racial politics of immigration and labor are often used to stir hostility... 2019
Christopher Levesque, Jack DeWaard, Linus Chan, Michele Garnett McKenzie, Kazumi Tsuchiya, Olivia Toles, Amy Lange, Kim Horner, Eric Ryu, Elizabeth Heger Boyle CRIMMIGRATING NARRATIVES: EXAMINING THIRD-PARTY OBSERVATIONS OF US DETAINED IMMIGRATION COURT 48 Law and Social Inquiry 407 (May, 2023) Examining what we call crimmigrating narratives, we show that US immigration court criminalizes non-citizens, cements forms of social control, and dispenses punishment in a non-punitive legal setting. Building on theories of crimmigration and a sociology of narrative, we code, categorize, and describe third-party observations of detained... 2023
Veronika Bajt CrImmigration and Nationalist Paranoia 81 IUS Gentium 171 (2020) Abstract In recent years, European borders have become subject to augmented securitisation, surveillance and militarisation, while EU migration policies are increasingly based on exclusion and denial of migrants' rights. Migration across the globe, both in public policy debates and in everyday life of ordinary people, has increasingly become... 2020
Juliet P. Stumpf CRIMMIGRATION AND THE LEGITIMACY OF IMMIGRATION LAW 65 Arizona Law Review 113 (Spring, 2023) Crimmigration law--the intersection of immigration and criminal law--with its emphasis on immigration enforcement, has been central in discussions over political compromise on immigration reform. Yet crimmigration law's singular approach to interior immigration and criminal law enforcement threatens to undermine public faith in the legitimacy of... 2023
Christopher N. Lasch Crimmigration and the Right to Counsel at the Border Between Civil and Criminal Proceedings 99 Iowa Law Review 2131 (July, 2014) Introduction. 2132 I. Gideon's Operative Proposition and the Court's Decision Rules Implementing It. 2136 A. The Operative Proposition: Does the Right to Counsel Protect More than the Fairness of a Criminal Trial?. 2136 B. Decision Rules Implementing the Right to Counsel in Criminal Cases. 2140 1. Gideon v. Wainwright (1963). 2140 2. Strickland v.... 2014
Jennifer Lee Koh Crimmigration and the Void for Vagueness Doctrine 2016 Wisconsin Law Review 1127 (2016) Since the Supreme Court's 2015 decision in Johnson v. United States--a federal sentencing decision holding that the residual clause of the Armed Career Criminal Act was void for vagueness--the vagueness doctrine has quietly and quickly exploded in the legal landscape governing the immigration consequences of crime. On September 29, 2016, the... 2016
Rottem Rosenberg Rubins Crimmigration as Population Management in the "Control Society": Lessons from the Detention of Asylum-seekers in Israel 22 New Criminal Law Review 236 (Summer, 2019) Scholars have offered various accounts of the forces that have caused the contemporary convergence of immigration enforcement and criminal law enforcement, known as crimmigration. This article argues that such accounts are insufficient, either because they have difficulty explaining the concrete practices by which crimmigration regimes operate,... 2019
Geoffrey Heeren Crimmigration in Gangland: Race, Crime, and Removal During the Prohibition Era 16 Ohio State Journal of Criminal Law 65 (Fall, 2018) In 1926, local law enforcement and federal immigration authorities in Chicago pursued a deportation drive ostensibly directed at gang members. However, the operation largely took the form of indiscriminate raids on immigrant neighborhoods of the city. Crimmigration in Gangland describes the largely forgotten 1926 deportation drive in Chicago as a... 2018
Maartje A. H. van der Woude , Joanne P. van der Leun , Jo-Anne A. Nijland Crimmigration in the Netherlands 39 Law and Social Inquiry 560 (Summer, 2014) For a long time the Netherlands has been internationally known for its tolerant and humane environment for first- and second-generation migrants. However, as in many European countries, over the past few decades the political debate on immigration has gradually grown more negative. Links between crime, security, migration, and integration have... 2014
Annie Lai , Christopher N. Lasch Crimmigration Resistance and the Case of Sanctuary City Defunding 57 Santa Clara Law Review 539 (2017) C1-2Table of Contents Introduction. 540 I. Threats to Defund Sanctuary Cities and Their Origins. 544 A. Four Decades (and Four Waves) of Sanctuary. 546 B. Sanctuary Defunding Becomes a Mainstay of the Trump Campaign. 548 C. Failed Legislative Attempts at Sanctuary Defunding. 550 D. Sanctuary Defunding Pursued as Part of the Federal Budgeting... 2017
Kevin R. Johnson Crimmigration: Keynote Address Racial Profiling in the War on Drugs Meets the Immigration Removal Process: the Case of Moncrieffe V. Holder 92 Denver University Law Review 701 (2015) Today, I want to discuss the Supreme Court's decision in Moncrieffe v. Holder. In analyzing that case, I will try to show how the criminal justice system of the United States, and its disparate treatment of racial minorities, contributes to the current racially disparate impacts in the immigration removal process. The Supreme Court's decision in... 2015
Yolanda Vázquez Crimmigration: the Missing Piece of Criminal Justice Reform 51 University of Richmond Law Review 1093 (May, 2017) Our nation is being robbed of men and women who could be workers and taxpayers, could be more actively involved in their children's lives, could be role models, could be community leaders, and right now they're locked up for a nonviolent offense. --President Barack Obama On July 13, 2015, President Barack Obama commuted the sentences of forty-six... 2017
Margaret Hu Crimmigration-counterterrorism 2017 Wisconsin Law Review 955 (2017) The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better understood through the analytical prism of crimmigration-counterterrorism: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced... 2017
Carrie L. Rosenbaum Crimmigration--structural Tools of Settler Colonialism 16 Ohio State Journal of Criminal Law L. 9 (Fall, 2018) The systems of immigration and criminal law come together in many important ways, one of which being their role in instilling difference and undermining inclusion and integration. In this article, I will begin a discussion examining the concept of integration, simplistically described as inclusion into American life, not in the more traversed... 2018
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