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
Karen E. Bravo , María Pabón López Crisis Meets Reality: a Bold Proposal for Immigration Reform 61 SMU Law Review 191 (Winter 2008) Opening the Floodgates: Why America Needs to Rethink its Borders and Immigration Laws, by Kevin R. Johnson, New York: New York University Press, Critical America Series, 2007, 304 pp, $35.00, ISBN 0814742866. ILLEGAL ALIENS SUCK! This was the brash message on the bumper sticker on the back of a pick-up truck on the north side of Indianapolis,... 2008
Laila L. Hlass , Lindsay M. Harris CRITICAL INTERVIEWING 2021 Utah Law Review 683 (2021) Critical lawyering--also at times called rebellious, community, and movement lawyering--attempts to further social justice alongside impacted communities. While much has been written about the contours of this form of lawyering and case examples illustrating core principles, little has been written about the mechanics of teaching critical lawyering... 2021
Ruben J. Garcia Critical Race Theory and Proposition 187: the Racial Politics of Immigration Law 17 Chicano-Latino Law Review 118 (Fall 1995) In mid-1993, a group of concerned California residents were fed up. They were tired of the illegal aliens whom they blamed for sapping the state's resources. These aliens were everywhere: crowding their children out of public schools, crowding welfare offices, and crowding the emergency rooms of hospitals. To attack these problems, these angry... 1995
Stefan J. Padfield CRONY STAKEHOLDER CAPITALISM 111 Kentucky Law Journal 441 (2022-2023) C1-2Table of Contents Table of Contents. 441 Abstract. 442 Introduction. 442 I. Capitalism, Crony Capitalism, and Stakeholder Capitalism. 445 A. Capitalism Versus Crony Capitalism. 446 B. Stakeholder Capitalism. 450 C. Stakeholder Capitalism as Crony Capitalism. 456 II. A Proposed Solution: Sen. Marco Rubio's Mind Your Own Business Act. 460 A. An... 2023
Anna Williams Shavers Crossing the Border Through Immigration, Importation, Illicit and Other Means and the Implications for Human and Civil Rights 27 Journal of Civil Rights & Economic Development 501 (Winter, 2014) It's that fundamental belief--I am my brother's keeper, I am my sisters' keeper--that makes this country work. It's what allows us to pursue our individual dreams, yet still come together as a single American family. E pluribus unum. Out of many, one. America is enriched by diversity. It is preserved by unity. This symposium, Border Patrols: The... 2014
Michelle L. Sudano Crossing the Final Border: Securing Equal Gender Protection in Immigration Cases 21 William & Mary Bill of Rights Journal 957 (March, 2013) Power without justice is soon questioned. Justice and power must be brought together, so that whatever is just may be powerful, and whatever is powerful may be just. -Blaise Pascal Consider two men, both Mexican immigrants, both convicted of importing marijuana to the United States and both sentenced as drug offenders. The men are similarly... 2013
Josué López Crt and Immigration: Settler Colonialism, Foreign Indigeneity, and the Education of Racial Perception 19 University of Maryland Law Journal of Race, Religion, Gender and Class 134 (Spring, 2019) A wall will not end immigration, and neither will immigration laws and policies. Rather, these policies and practices serve to dehumanize immigrants and position them in precarious legal positions where their personhood is constantly called into question. Analyses of immigration from Latin America do not usually focus on Indigenous peoples. When... 2019
Anna Reed CRUEL DILEMMAS IN CONTEMPORARY FERTILITY CARE: PROBLEMATIZING AMERICA'S FAILURE TO ASSURE ACCESS TO FERTILITY PRESERVATION FOR TRANS YOUTH 29 Michigan Journal of Gender & Law 95 (2022) C1-2Table of Contents Introduction. 96 I. Background: Fertility Care in the U.S.. 97 A. Catch-22s: Problematizing Parental Involvement & Insurance Gaps in the Context of Fertility Preservation. 100 1. Parental Consent Laws Prevent Youth from Accessing the Care they Need. 100 2. High Out-of-Pocket Costs & the Unavailability of Insurance Coverage... 2022
Tom Tancredo Cui Bono? The Case for an Honest Guest Worker Program 10 Texas Review of Law and Politics 63 (Fall 2005) I. Introduction. 64 II. Politics Versus Policy in Bush's Plan. 65 III. The Political Rationale for Amnesty. 66 IV. The Real Issue: Temporary Employment Versus Permanent Immigration. 68 V. Standards for a Sensible Program. 69 VI. Declining Wage Levels and Lost Tax Revenues. 71 VII. My Proposal: An Honest Plan for Temporary Workers. 77 VIII. Halting... 2005
Howard F. Chang Cultural Communities in a Global Labor Market: Immigration Restrictions as Residential Segregation 2007 University of Chicago Legal Forum 93 (2007) When economists speak of a globalizing world, they have in mind first and foremost the dramatic moves we have made toward a global common market; that is, our evolution toward a world economy integrated across national boundaries. Our progress in this direction has been especially dramatic in the liberalization of international trade in goods.... 2007
Abbey C. Furlong Cultural Integration in the European Union: a Comparative Analysis of the Immigration Policies of France and Spain 19 Transnational Law & Contemporary Problems 681 (Spring 2010) I. Introduction. 681 II. History of the Existing Immigration Policies of France and Spain. 682 A. France. 682 B. Spain. 684 III. Framing the Issue: Recent Immigration to the Eurpoean Union and Its Effect on the Immigration Policy Debate. 687 IV. Heightened Racial and Political Tension. 689 A. 2005 Paris Race Riots. 689 B. Violence in El Ejido. 691... 2010
Hon. George F. Phelan , Donald G. Tye , Tannaz N. Saponaro , Eva A. Millona Culture and the Immigrant Experience: Navigating Family Courts 32 Journal of the American Academy of Matrimonial Lawyers 89 (2019) This article explores the impact of the immigrant experience in America and the challenges faced not only by immigrants in their new land but also their imported memories and experiences, including dominance and oppression in their national culture. These trauma-based experiences, including domestic abuse, are depicted through the perspectives of... 2019
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
Pilar Menor , Partner, DLA Piper Current Practices and Upcoming Changes for Immigration Law in Spain 2010 Aspatore 271731 (January, 2010) When considering the economic and political factors that influence trends in immigration law, it is important to understand that the Spanish immigration regulations that are applicable to European Union (EU) citizens vary substantially from those applicable to non-EU citizens. Regarding the legal framework applicable to non-EU foreigners, the main... 2010
David B. Thronson Custody and Contradictions: Exploring Immigration Law as Federal Family Law in the Context of Child Custody 59 Hastings Law Journal 453 (February, 2008) The Border Patrol arrested and processed for repatriation an undocumented father who was detained along with his U.S. citizen daughter who was in his care. As the moment of repatriation approached, the daughter's U.S. citizen mother appeared at the Border Patrol station and demanded the child. In the absence of a state court order awarding her... 2008
Juliet P. Stumpf D(e)volving Discretion: Lessons from the Life and Times of Secure Communities 64 American University Law Review 1259 (June, 2015) The devolution of immigration authority to line officers, touted as a strength of the Secure Communities program, planted the seeds of the program's downfall. Rising from the ashes of Secure Communities, the Priority Enforcement Program (PEP) set priorities for removal and also unveiled a potential antidote to the devolution of agency discretion.... 2015
Rachel Nadas, Jayesh Rathod Damaged Bodies, Damaged Lives: Immigrant Worker Injuries as Dignity Takings 92 Chicago-Kent Law Review 1155 (2017) In 2012, Alberto, a forty-three-year-old undocumented day laborer of Guatemalan origin, was hired by a contractor in northern Virginia, along with three other workers. As is often the case with day labor hiring, the contractor did not inform Alberto in advance about the type of work he would be doing. When Alberto arrived at the work site--a... 2017
Jayesh M. Rathod Danger and Dignity: Immigrant Day Laborers and Occupational Risk 46 Seton Hall Law Review 813 (2016) The plight of immigrant workers in the United States has captured significant scholarly attention in recent years. Despite the prevalence of discourses regarding this population, one set of issues has received relatively little attention: immigrant workers' exposure to unhealthy and unsafe working conditions, and their corresponding susceptibility... 2016
Gerald L. Neuman Dangerous Intersection 44 University of San Francisco Law Review 241 (Fall 2009) IN FEBRUARY 2009, the University of San Francisco Law Review convened a Symposium for the purpose of investigating The Evolving Definition of the Immigrant Worker: The Intersection Between Employment, Labor, and Human Rights Law. On the eve of the Symposium, the theme was introduced by the delivery of the Jack Pemberton Lecture by Professor Juan F.... 2009
Frances M. Kreimer Dangerousness on the Loose: Constitutional Limits to Immigration Detention as Domestic Crime Control 87 New York University Law Review 1485 (November, 2012) The United States immigration detention regime that was reborn in the 1980s is not only unprecedented in scale, but also in rationale. Whereas immigration detention had historically been justified primarily as a means of ensuring immigration compliance, with a secondary purpose of protecting national security, today's system increasingly functions... 2012
D. Carolina Núñez DARK MATTER IN THE LAW 62 Boston College Law Review 1555 (May, 2021) Introduction. 1556 I. The Chinese Exclusion Case and Its Progeny: Ordinary Matter in an Extraordinary Immigration Law Universe. 1565 A. The Origins of Immigration Law's Plenary Power Doctrine. 1566 B. Plenary Power and the Constitution After Chinese Exclusion. 1570 1. Plenary Power and Political Opinion. 1571 2. Plenary Power and Gender. 1574 II.... 2021
Shoba Sivaprasad Wadhia Darkside Discretion in Immigration Cases 72 Administrative Law Review 367 (Summer, 2020) Darkside Discretion refers to a situation where the noncitizen satisfies the statutory criteria set by Congress to be eligible for remedy, but in the end, the adjudicator invokes discretion as the reason the noncitizen loses, resulting in tangible harms. Imagine a woman who arrived in the United States six months ago who meets her burden of... 2020
Lucy E. Salyer, University of New Hampshire David A. J. Richards, Italian American: the Racializing of an Ethnic Identity. New York: New York University Press, 1999. 273 Pp. $50.00 46 American Journal of Legal History 114 (January, 2004) From the perspective of a legal historian, this is an unusual book. Rather than an in-depth investigation of legal, ethnic, or immigration history, the book draws on moral and political philosophy with the aim of emphasizing the validity and importance of a multiculturalist perspective in contemporary American public law. The author builds on his... 2004
Stephen Lee De Facto Immigration Courts 101 California Law Review 553 (June, 2013) In Padilla v. Kentucky, the Supreme Court recognized a noncitizen defendant's right to be informed by her attorney of any downstream immigration consequences that might flow from a proposed plea deal. In establishing this important right, the Court recognized a stark reality: that in many instances, a noncitizen's only meaningful opportunity to... 2013
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
Riddhi Mukhopadhyay Death in Detention: Medical and Mental Health Consequences of Indefinite Detention of Immigrants in the United States 7 Seattle Journal for Social Justice 693 (Spring/Summer, 2009) My hope of a land of liberty has been transformed into a nightmare. To this is added moral suffering due to detention, for I do not know how long I will spend in this detention center. It is as if I am living through a bad dream, and soon will wake and finally reach this land of freedom that I still seek. Rwandan refugee and detainee Escaping civil... 2009
Shoba Sivaprasad Wadhia , Margaret Hu DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN 93 University of Colorado Law Review 325 (Winter, 2022) The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... 2022
Patrick J. Charles Decoding the Fourteenth Amendment's Citizenship Clause: Unlawful Immigrants, Allegiance, Personal Subjection, and the Law 51 Washburn Law Journal 211 (Spring 2012) I. Introduction. 212 II. Decoding Birthright Citizenship from the Founding to the Fourteenth Amendment. 215 A. Birthright Citizenship and the 1866 Civil Rights Act. 220 B. Birthright Citizenship and the Fourteenth Amendment. 225 III. Defining Citizenship and Who is Subject to the Jurisdiction Thereof . 231 IV. The Birthright Citizenship Debate in... 2012
Karla Mari Mckanders DECOLONIZING COLORBLIND ASYLUM NARRATIVES 67 Saint Louis University Law Journal 523 (Spring, 2023) The essay addresses how law professors can engage critical and decolonial theories to teach students how to deconstruct the marginalizing narratives required in asylum advocacy. These theories provide the theoretical and praxis-oriented frameworks for professors seeking to liberate their pedagogy. The goal is for law students to begin their legal... 2023
Angela R. Riley , Kristen A. Carpenter DECOLONIZING INDIGENOUS MIGRATION 109 California Law Review 63 (February, 2021) Introduction. 64 I. From Turtle Island to Citizenship: A Snapshot of Indigenous Land and the Settler State. 74 A. Relationship of People to Land. 76 B. Discovery, Conquest, and Colonization. 79 C. Domesticating Borders and Burgeoning Migration Policy. 81 II. Turning to the Contemporary: The Problems of Migration and Border Law for Indigenous... 2021
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