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
Peter Margulies Deconstructing "Sanctuary Cities": the Legality of Federal Grant Conditions That Require State and Local Cooperation on Immigration Enforcement 75 Washington and Lee Law Review 1507 (Summer, 2018) C1-3Table of Contents I. Introduction. 1508 II. Federal Initiatives Promoting Cooperation with Sub-Federal Entities. 1516 A. Anatomy of an Arrest: The Tacit Yet Pervasive Cooperation Built into Basic State and Local Law Enforcement. 1517 B. DHS Immigration Detainers. 1520 C. The 287(g) Program. 1523 D. Other State Efforts. 1524 E. President Trump... 2018
César Cuauhtémoc García Hernández Deconstructing Crimmigration 52 U.C. Davis Law Review 197 (November, 2018) C1-2Table of Contents Introduction. 197 I. Crimmigration Law's Birth. 200 A. Legislative Origins. 200 B. Race, Crime, and Terrorism. 204 C. Seeing Crimmigration Law. 207 D. Crimmigration Doctrine. 210 II. Crimmigration Law's Perniciousness. 213 A. Harms to People. 213 1. Securitization. 214 2. Imprisonment. 219 B. Harms to Institutions. 223 1.... 2018
Sylvia R. Lazos Vargas Deconstructing Homo[geneous] Americanus: the White Ethnic Immigrant Narrative and its Exclusionary Effect 72 Tulane Law Review 1493 (May, 1998) This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in... 1998
Karla McKanders DECONSTRUCTING RACE IN IMMIGRATION LAW'S ORIGIN STORIES 37 Maryland Journal of International Law 18 (2022) This symposium, Race, Sovereignty, and Immigrant Justice, explores the racialized history of immigration laws and their enforcement with the goal of rethinking possibilities for immigrant justice, sovereignty, and human rights. This Essay uses Critical Race Theory to explore how the plenary powers doctrine promotes immigration exceptionalism which... 2022
Victor C. Romero Decoupling "Terrorist" from "Immigrant:" an Enhanced Role for the Federal Courts Post 9/11 7 Journal of Gender, Race and Justice 201 (Spring 2003) Immigration law is traditionally understood to encompass the rules that govern foreign citizens' entry into and departure from the United States, and may therefore be seen as an important domestic arm of the nation's foreign policy power. Immigration law is the exclusive purview of the federal government. While there are times when federal law... 2003
Kenya Hart Defending Against a "Death by English" : English-only, Spanish-only, and a Gringa's Suggestions for Community Support of Language Rights 14 Berkeley La Raza Law Journal 177 (Fall 2003) Introduction. 178 I. Language Minorities and Language Legislation in the United States. 182 A. Immigrants and Immigration. 182 B. Minority Languages. 184 C. The English-Only Movement. 185 II. English-Only, Spanish-Only, and First Amendment Interests. 189 A. Article 28 and Yniguez v. Arizonans for Official English. 191 1. Article 28 of the Arizona... 2003
Andrés Dae Keun Kwon Defending Criminal(ized) "Aliens" after Padilla: Toward a More Holistic Public Immigration Defense in the Era of Crimmigration 63 UCLA Law Review 1034 (May, 2016) The unprecedented U.S. system of mass incarceration and the intensifying merging of criminal and immigration law have devastated individuals, families, and entire communities, especially poor communities of color. Noncitizens who come into contact with the criminal justice system are too often stripped of even the slightest chance of reintegration;... 2016
Peter Margulies Deferred Action and the Bounds of Agency Discretion: Reconciling Policy and Legality in Immigration Enforcement 55 Washburn Law Journal 143 (Fall 2015) Although agencies rightly have discretion in interpreting statutes, that discretion does not extend to unraveling carefully crafted legislative compromises. In immigration law, Congress has for fifty years pursued a classic trope in the annals of legislative craft: liberalizing the law in certain respects, while strengthening enforcement in others.... 2015
Elizabeth Keyes Defining American: the Dream Act, Immigration Reform and Citizenship 14 Nevada Law Journal 101 (Fall 2013) Introduction. 102 I. The DREAM: Legislation and Narrative. 105 A. The DREAM Act and Immigration Reform Proposals for DREAMers. 105 B. The Narrative Being Told. 109 1. Harnessing the American Dream. 109 2. A Story of Worthiness and Blamelessness. 112 II. DREAMers Exposing and Expanding the Limits of Citizenship. 115 A. The Claiming of Citizenship... 2013
Samantha Sherman DEFINING FORCED LABOR: THE LEGAL BATTLE TO PROTECT DETAINED IMMIGRANTS FROM PRIVATE EXPLOITATION 88 University of Chicago Law Review 1201 (September, 2021) Privately run immigration detention facilities allegedly profit from a nation-wide system of forced labor. People detained in these for-profit facilities allege that they are compelled to work--often without pay--under threats of solitary confinement, deprivation of basic necessities, and other serious harms. Advocates have challenged these human... 2021
Linda Kelly Defying Membership: the Evolving Role of Immigration Jurisprudence 67 University of Cincinnati Law Review 185 (Fall, 1998) Trying to break up a Saturday night barfight, Abner Louima became a victim of torture. When police arrived at the Flatbush Avenue bar, Mr. Louima was arrested and taken to Brooklyn's 70th Precinct Station. Beaten on the way to the station, Mr. Louima suffered intensified abuse after his arrival. Taken into the station house bathroom, police... 1998
Mark F. McElreath Degrading Treatment-from East Africa to Hong Kong: British Violations of Human Rights 22 Columbia Human Rights Law Review 331 (Spring, 1991) The end of World War II found Great Britain in a position unlike any other in its history. Its vast empire was shrinking, and as colonies and territories were liberated from imperial control, British subjects from across the world sought refuge in the United Kingdom (UK). The desire of large numbers of immigrants, mainly people of color, to settle... 1991
Felice Batlan Déjà Vu and the Gendered Origins of the Practice of Immigration Law: the Immigrants' Protective League, 1907-40 36 Law and History Review 713 (November, 2018) On Friday January 27, 2017, Donald Trump executed the infamous executive order: banning immigration and even visitors from seven countries. The order affected those with travelers' visas headed to the United States as well as permanent United States residents from seven banned countries attempting to re-enter the United States. By Saturday morning,... 2018
Christian Vanderhooft DELEGATING IMMIGRATION ADMISSION POWERS TO THE STATES 89 University of Cincinnati Law Review 910 (2021) C1-2Table of Contents Introduction. 911 I. The Current Immigration System and Its Flaws. 914 A. An Overview. 915 B. Permanent Visas. 916 1. Visa Allocations. 916 2. Visa Requirements. 921 C. Temporary Visas. 925 II. The Proposal. 927 A. Permanent Visas. 928 B. Temporary Visas. 931 C. Other Practical Considerations. 932 1. What Role Would the... 2021
Adam B. Cox , Eric A. Posner Delegation in Immigration Law 79 University of Chicago Law Review 1285 (Fall 2012) Immigration law both screens migrants and regulates the behavior of migrants after they have arrived. Both activities are information intensive because the migrant's type and the migrant's post-arrival activity are often forms of private information that are not immediately accessible to government agents. To overcome this information problem,... 2012
Rick Su Democracy in Rural America 98 North Carolina Law Review 837 (May, 2020) The conventional wisdom is that rural America has an outsized influence on American politics. Yet, rural residents increasingly feel disempowered, devalued, and divorced from the policy decisions that affect their everyday lives. This Article argues that this widespread political disaffection cannot be entirely explained by rural decline. Such... 2020
Lauren M. Ouziel Democracy, Bureaucracy, and Criminal Justice Reform 61 Boston College Law Review 523 (February, 2020) Introduction. 525 I. The Criminal Justice Reform Literature and Its Limits. 534 A. Democracy-Focused Scholarship. 534 B. Bureaucracy-Focused Scholarship. 537 II. Democracy and Bureaucracy in Criminal Justice. 540 A. The Public. 541 1. Interests and Outcomes. 543 2. Communities and Responsiveness. 545 3. Implications. 552 B. The Bureaucracy. 553 1.... 2020
Bijal Shah DEPLOYING THE INTERNAL SEPARATION OF POWERS AGAINST RACIAL TYRANNY 116 Northwestern University Law Review Online 244 (October 29, 2021) The separation of powers in the federal government exists to ensure a lack of tyranny in the United States. This Essay grounds the separation of powers in tyranny perpetuated by racialized hierarchy, violence, and injustice. Recognizing the primacy of racial tyranny also reveals a would-be tyrant: the President. Engaging the branches of... 2021
Prashasti Bhatnagar DEPORTABLE UNTIL ESSENTIAL: HOW THE NEOLIBERAL U.S. IMMIGRATION SYSTEM FURTHERS RACIAL CAPITALISM AND OPERATES AS A NEGATIVE SOCIAL DETERMINANT OF HEALTH 36 Georgetown Immigration Law Journal 1017 (Spring, 2022) This Note situates the U.S. immigration system itself as a negative social determinant of health that threatens the health and well-being of immigrants-- particularly laborers and agricultural workers--through racialized expropriation and exploitation of their labor. Section I uses the Chinese Exclusion Act and Bracero Program as examples to... 2022
Rosa Nielsen DEPORTATION AND DEPRAVITY: DOES FAILURE TO REGISTER AS A SEX OFFENDER INVOLVE MORAL TURPITUDE? 78 Washington and Lee Law Review 1157 (Summer, 2021) Under U.S. immigration law, non-citizens are subject to deportation following certain criminal convictions. One deportation category is for crimes involving moral turpitude, or CIMTs. This category usually refers to crimes that involve fraud or actions seen as particularly depraved. For example, tax evasion and spousal abuse are CIMTs, but simple... 2021
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