Author | Title | Citation | Summary | Year |
Matthew Boaz |
SPECULATIVE IMMIGRATION POLICY |
37 Georgetown Immigration Law Journal 183 (Winter, 2023) |
This Article considers how speculative fiction was wielded by the Trump administration to implement destructive U.S. immigration policy. It analyzes the thematic elements from a particular apocalyptic novel, traces those themes through actual policy implemented by the president, and considers the harm effected by such policies. This Article... |
2023 |
Alina Das |
STANDING ON IMMIGRANT SUBORDINATION |
72 American University Law Review Forum 147 (June, 2023) |
In The Rise of the Immigrant-as-Injury Theory of State Standing, Professor Jennifer Lee Koh identifies and critiques an emerging theory of state standing that treats the existence of immigrants as an injury to the state for purposes of challenging federal immigration policies. Koh persuasively critiques the immigrant-as-injury theory on... |
2023 |
Pooja R. Dadhania |
STATE RESPONSIBILITY FOR FORCED MIGRATION |
64 Boston College Law Review 745 (April, 2023) |
Introduction. 746 I. Forced Migration and the Potential Role of State Responsibility. 750 A. Gaps in International Refugee Law's Protection of Forced Migrants. 750 B. The Doctrine of State Responsibility. 753 II. Overview of the Forced Migration Case Studies. 757 A. The 2022 Russian Invasion of Ukraine. 758 B. The 2003 U.S.-Led Invasion of Iraq.... |
2023 |
Zoha Waseem |
STATELESS AND VULNERABLE: RACE, POLICING, AND CITIZENSHIP IN PAKISTAN |
46 PoLAR: Political and Legal Anthropology Review 128 (May, 2023) |
Some time ago, I approached a senior police officer in Pakistan, hoping to pitch a participatory action research project. The one I had in mind, I hoped, would help improve police-community interactions, especially in the context of migrant communities and those social groups rendered vulnerable due to their contested citizenship status or because... |
2023 |
Naima Fifita |
STEPS TOWARD A "DIGNIFIED" CLIMATE-MIGRATION FOR PACIFIC PEOPLES |
24 Asian-Pacific Law and Policy Journal 53 (Spring, 2023) |
I. Introduction. 53 II. What Are We Fighting For?. 59 A. The Environmental Wrong. 59 B. Existing Refugee Framework and its Inadequacy in the Face of Climate Migration. 62 III. A Values-Based Analytical Framework. 65 A. Tu Tokotasi: Self-Determination and Environmental Justice in the Context of Climate Change and Climate-Induced Migration. 67 1.... |
2023 |
Abigail Stepnitz |
STORIED PASTS: CREDIBILITY AND EVOLVING NORMS IN ASYLUM NARRATIVES 1989-2018 |
41 Minnesota Journal of Law & Inequality 1 (Summer, 2023) |
This Article develops a frame work for under standing the emergence and evolution of structural and substantive norms in asylum narratives over time. First, I offer a historical framework which shows how these norms evolve as a result of combined legal, political, cultural, and institutional changes. Institutional norms are infused with politics.... |
2023 |
Joy Kanwar |
STORIES FROM THE NEGATIVE SPACES: UNITED STATES v. THIND AND THE NARRATIVE OF (NON)WHITENESS |
74 Mercer Law Review 801 (Spring, 2023) |
You must never be limited by external authority, whether it be vested in a church, [person] or book. It is your right to question, challenge, and investigate. - Bhagat Singh Thind For years, Bhagat Singh Thind's case has resonated in my mind. I thought of it in the days after September 11, 2001, when a group of attorneys and I scrambled to... |
2023 |
Erin Carrington Smith |
STUCK IN THE WAITING ROOM: WHY AND HOW MARYLAND SHOULD CLOSE HEALTHCARE GAPS THAT LEAVE IMMIGRANT WOMEN BEHIND |
53 University of Baltimore Law Forum 159 (Spring, 2023) |
Maryland has a robust and ever-increasing immigrant population. As of 2019, just over fifteen percent of the state's population (929,431) was foreign born, forty-eight percent (447,466) of whom remained noncitizens. In 2016, about 275,000 immigrants were undocumented. Maryland has long recognized the importance of ensuring its immigrant population... |
2023 |
Laila L. Hlass, Mary Yanik |
STUDYING THE HAZY LINE BETWEEN PROCEDURE AND SUBSTANCE IN IMMIGRANT DETENTION LITIGATION |
58 Harvard Civil Rights-Civil Liberties Law Review 203 (Winter, 2023) |
At age six, Hyung Joon Kim came to the United States with his family. Two years later, he became a lawful permanent resident (LPR). Mr. Kim grew up in California, where he attended public schools. In 1996, at age 18, his life was irreparably changed. After breaking into a tool shed with high school friends, he was convicted of burglary. He earned... |
2023 |
Ming Hsu Chen |
TEACHING INTERDISCIPLINARY PERSPECTIVES ON CITIZENSHIP AND IMMIGRATION |
67 Saint Louis University Law Journal 513 (Spring, 2023) |
This essay reflects on the use of interdisciplinary perspectives in teaching survey and seminar classes on immigration and citizenship. It focuses on three benefits. First, empirical research gives the doctrine a reality check. Second, normative inquiry evaluates the doctrine against desired values. Third, policy analysis opens up possibilities for... |
2023 |
Kevin R. Johnson |
TEACHING RACIAL AND SOCIAL JUSTICE IN THE IMMIGRATION LAW SURVEY COURSE |
67 Saint Louis University Law Journal 473 (Spring, 2023) |
This article makes the case for integrating racial and social justice in teaching the immigration law survey course. Part I briefly highlights the systemic injustices generated by the operation of the contemporary U.S. immigration laws and their enforcement. Part II considers the benefits of teaching immigration law through a racial and social... |
2023 |
Eve Goldman |
TEMPORARY MEMBERSHIP? THE FLAWS OF THE H-2A AGRICULTURAL TEMPORARY GUEST WORKER PROGRAM IN THE CRIMMIGRATION CONTEXT |
53 Environmental Law 487 (Summer, 2023) |
Human migration is not a novel concept; people have always been on the move. Reasons for migration vary: some move for economic opportunities, some to study, others to be with family. Climate disasters are forcing masses of people to migrate to more hospitable places. Arguably, the biggest motivation for global migration is to seek employment,... |
2023 |
Etienne C. Toussaint |
THE ABOLITION OF FOOD OPPRESSION |
111 Georgetown Law Journal 1043 (May, 2023) |
Public health experts trace the heightened risk of mortality from COVID-19 among historically marginalized populations to their high rates of diabetes, asthma, and hypertension, among other diet-related comorbidities. However, food justice activists call attention to structural oppression in global food systems, perhaps best illuminated by the... |
2023 |
Joanna Dreby , Eric Macias |
THE AFTERMATH OF ENFORCEMENT EPISODES FOR THE CHILDREN OF IMMIGRANTS |
57 Law and Society Review 103 (March, 2023) |
For 30 years, U.S. immigration policy has increasingly focused on enforcement. This article goes beyond cataloging the harms of such policies to document the processes by which they become more or less salient in the lives of children of immigrants over time. In-depth interviews with 86 young adults raised in New York show that enforcement policies... |
2023 |
Alexander A. Boni-Saenz |
THE AGE OF RACISM |
100 Washington University Law Review 1583 (2023) |
This Essay introduces the concept of aged racism, a distinct species of systemic racism characterized by its intersection with age. This subject has yet to receive significant theoretical attention in the legal scholarship, despite the social importance of both age and race and the many ways in which they are embedded in the law and legal... |
2023 |
Ankevia Taylor |
THE AMERICAN DREAM BELONGS TO ALL OF US: LATINOS AND JAMAICAN AMERICANS EXPERIENCE CULTURAL GENOCIDE BY AMERICAN ASSIMILATION |
17 Florida A & M University Law Review 249 (Spring, 2023) |
C1-2Table of Contents Introduction. 251 I. The American Dream Belongs to All of Us. 253 A. The American Experiment. 253 B. America Thrives off Diversity but Mistreats Diverse Populations. 255 1. The Latino Immigration Experience. 256 2. The Jamaican Immigration Experience. 257 II. America Provides Inconsistent Efforts of Protection to Racialized... |
2023 |
Cedar Weyker |
THE APPLICABILITY OF MINNESOTA'S WORKERS' COMPENSATION LAWS TO UNDOCUMENTED WORKERS |
41 Minnesota Journal of Law & Inequality 215 (Winter, 2023) |
Minnesota has a long history of immigration and has emerged as a leader in some regards. For the majority of the twentieth century, Europeans made up the majority of immigrants to Minnesota, but now more than 90% of immigrants that come to Minnesota come from non-European countries. Today, Minnesota has the highest population of Karen, Somali, and... |
2023 |
Evangeline G. Abriel |
THE CALIFORNIA WAY: AN ANALYSIS OF CALIFORNIA'S IMMIGRANT-FRIENDLY CHANGES TO ITS CRIMINAL LAWS |
66 Howard Law Journal 517 (Spring, 2023) |
C1-2CONTENTS Introduction. 518 I. An Overview of State Legislation in the Area of Immigration Law. 519 II. Immigration Consequences of Criminal Conduct Under the Immigration and Nationality Act. 523 III. California's Immigration-Related Changes to its Criminal Laws. 528 A. Reducing Maximum Misdemeanor Sentences Under Statute to 364 Days. 534 B.... |
2023 |
Ilya Somin |
THE CASE FOR EXPANDING THE ANTICANON OF CONSTITUTIONAL LAW |
2023 Wisconsin Law Review 575 (2023) |
The anticanon of constitutional law is an underappreciated constraint on judicial discretion. Some past decisions are so reviled that no judge can issue analogous rulings today, without suffering massive damage to their reputation. This Essay argues for expanding the anti-canon and proposes three worthy new candidates: The Chinese Exclusion Case,... |
2023 |
Trevor George Gardner |
THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE |
171 University of Pennsylvania Law Review 1699 (June, 2023) |
This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... |
2023 |
Susan Bibler Coutin , Véronique Fortin |
THE CRAFT OF TRANSLATION: DOCUMENTARY PRACTICES WITHIN IMMIGRATION ADVOCACY IN THE UNITED STATES |
46 PoLAR: Political and Legal Anthropology Review 24 (May, 2023) |
This article builds on anthropological research on bureaucratic inscription as a power-laden process to explore the craft of document translation in contexts of immigration legal advocacy. In a legal climate characterized by suspicion and resource scarcity, immigrants who seek to regularize their status in the United States face steep evidentiary... |
2023 |
Michele R. Pistone |
THE CRISIS OF UNREPRESENTED IMMIGRANTS: VASTLY INCREASING THE NUMBER OF ACCREDITED REPRESENTATIVES OFFERS THE BEST HOPE FOR RESOLVING IT |
92 Fordham Law Review 893 (December, 2023) |
Introduction. 894 I. Representation in Immigration Cases Dramatically Improves Outcomes for Migrants. 896 II. The Reasons Why Unrepresented Migrants Fare Worse in Immigration Courts Are Multifold and Overdetermined. 899 III. The Traditional Solution Proposed for Improving Immigrant Representation--The Encouragement of More Pro Bono Representation... |
2023 |
Talia Peleg |
THE DANGERS OF ICE'S UNCHECKED REARREST POWER |
86 Albany Law Review 517 (2022-2023) |
Introduction. 519 I. Background: The Modern Presumption of Detention, ICE Arrest Authority, Alternatives to Detention, and the Power to Rearrest. 533 A. Immigration Detention: From a Presumption of Release to Presumption of Detention. 533 1. Standards for Initial Arrest. 535 2. DHS's Initial Custody Determination. 538 3. Immigration Judge Custody... |
2023 |
Dale Carpenter |
THE DEAD END OF ANIMUS DOCTRINE |
74 Alabama Law Review 585 (2023) |
Introduction. 586 I. A Primer on Animus Doctrine.. 589 A. Animus in Democratic Theory. 590 B. Animus in Constitutional History. 591 C. Animus Doctrine in the Supreme Court: The Quadrilogy. 592 1. U.S. Department of Agriculture v. Moreno. 592 2. City of Cleburne v. Cleburne Living Center. 593 3. Romer v. Evans. 594 4. United States v. Windsor. 596... |
2023 |
Laila L. Hlass , Rachel Leya Davidson , Austin Kocher |
THE DOUBLE EXCLUSION OF IMMIGRANT YOUTH |
111 Georgetown Law Journal 1407 (June, 2023) |
Congress created Special Immigrant Juvenile Status (SIJS) in 1990 to protect vulnerable children from deportation by providing a pathway to lawful permanent residency and citizenship. Although relatively few immigrant children applied for SIJS in the early years of the program, the number of SIJS petitions grew significantly over the past decade.... |
2023 |
Sharon Shaji |
THE DUE PROCESS OWED TO NONCITIZENS: STANDARDIZING THE BURDEN IN § 1226(A) BOND HEARINGS WITH THE HELP OF HERNANDEZ-LARA AND VELASCO LOPEZ |
44 Cardozo Law Review 1635 (April, 2023) |
C1-2Table of Contents Introduction. 1636 I. Background. 1639 A. An Overview of Immigration Courts. 1639 B. Section 1226(a) and Removal Proceedings. 1641 C. The Shift from Favoring Liberty to Favoring Detention. 1643 D. The Due Process Owed to Noncitizens. 1645 E. Guidance (or Lack Thereof) from the Supreme Court. 1647 II. Circuit Split. 1648 A.... |
2023 |
Elora Mukherjee |
THE END OF ASYLUM REDUX AND THE ROLE OF LAW SCHOOL CLINICS |
133 Yale Law Journal Forum 473 (12/4/2023) |
abstract. The Biden Administration has perpetuated many of the prior administration's hostile policies undermining access to asylum at the southern border. This Essay first examines these policies and then identifies emerging opportunities for law school clinics to address these new challenges, including by serving asylum seekers south of the... |
2023 |
Mariah Stephens |
THE GREAT CLIMATE MIGRATION: A CRITIQUE OF GLOBAL LEGAL STANDARDS OF CLIMATE CHANGE-CAUSED HARM |
23 Sustainable Development Law & Policy 16 (Spring, 2023) |
Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one-hundred kilometers) of a coastline. The United Nations (U.N.) determined that a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that... |
2023 |
Khaled A. Beydoun , Nura A. Sediqe |
THE GREAT REPLACEMENT: WHITE SUPREMACY AS TERRORISM? |
58 Harvard Civil Rights-Civil Liberties Law Review 69 (Winter, 2023) |
The events of January 6th 2021, and the era of emboldened armed white supremacist violence that surrounded the United States Capitol attack spurred state commitment to counter white supremacist terrorism. This unprecedented shift on the part of the federal executive branch, spearheaded by the Biden Administration, redirected War on Terror tools... |
2023 |
Chloe Wigul |
THE IMMIGRATION COURT SYSTEM: UNCONSTITUTIONALLY AT THE HANDS OF THE EXECUTIVE TO PUSH NATIVISM |
43 Journal of the National Association of Administrative Law Judiciary 40 (Spring, 2023) |
The United States' immigration court system is located within the U.S. Department of Justice's Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney... |
2023 |
Jordan K. Medaris |
THE IMPACT OF CLIMATE CHANGE ON THE CULTURAL IDENTITY OF INDIGENOUS PEOPLES AND THE NATION'S FIRST "CLIMATE REFUGEES" |
47 American Indian Law Review 1 (2022-2023) |
I am convinced that climate change, and what we do about it, will define us, our era, and ultimately the global legacy we leave for future generations. Today, the time for doubt has passed. - U.N. Secretary-General Ban Ki-moon The people of the world cannot continue to ignore Aboriginal Indigenous Peoples, the Natural System of Life, the Natural... |
2023 |
Christian Sanchez Leon |
THE IMPACT OF INSULATING IMMIGRATION COURTS FROM JUDICIAL REVIEW ON AMERICA'S NEW GENERATION OF FAMILIES |
80 Washington and Lee Law Review 1297 (Summer, 2023) |
This Note could be read as another Note addressing Congress's power to strip jurisdiction from Article III courts. Yet, when this power is exercised in the immigration context, its impact extends far beyond the realm of checks and balances. Instead, this Note is about the insulation of the Board of Immigration Appeals (BIA) and its unfettered... |
2023 |
Frank D. LoMonte , Daniel Delgado |
THE IMPORTANCE OF ACCESSIBLE GOVERNMENT DATA IN ADVANCING ENVIRONMENTAL JUSTICE |
47 William and Mary Environmental Law and Policy Review 827 (Spring, 2023) |
In 2021, investigative journalists with the nonprofit news service ProPublica drew on federal data to create what ProPublica's reporting team called an unparalleled view of how toxic air blooms around industrial facilities and spreads into nearby neighborhoods. A package of articles and graphics visually dramatized the problem of sacrifice... |
2023 |
Rebecca Horwitz-Willis , Leanna Katz |
THE INTERDEPENDENCE OF FAMILY, STATE, AND MARKET: CHILDCARE IN THE SHIFTING LANDSCAPE OF THE COVID-19 PANDEMIC |
30 Georgetown Journal on Poverty Law and Policy 405 (Spring, 2023) |
In response to the first wave of the COVID-19 pandemic, the U.S. federal and state governments enacted various supports for childcare, including expanded funding and flexibility for the childcare market, expanded paid leave, more generous and inclusive unemployment insurance, loans available to childcare providers, and tax rebates. In this Article,... |
2023 |
Rosa Celorio |
THE KALEIDOSCOPE OF CLIMATE CHANGE AND HUMAN RIGHTS: THE PROMISE OF INTERNATIONAL LITIGATION FOR WOMEN, INDIGENOUS PEOPLES, AND CHILDREN |
13 Arizona Journal of Environmental Law & Policy 155 (Spring, 2023) |
Climate change has been identified as a global emergency, a major international development issue, and a priority concern by many international and national entities. Women, Indigenous peoples, and children are some of the individuals and groups most affected by the adverse impacts of climate change. The author contends in this article that... |
2023 |
Anna C. Everett |
THE LANGUAGE OF RECORD: FINDING AND REMEDYING PREJUDICIAL VIOLATIONS OF LIMITED ENGLISH PROFICIENT INDIVIDUALS' DUE PROCESS RIGHTS IN IMMIGRATION PROCEEDINGS |
55 Connecticut Law Review Online 1 (January, 2023) |
In immigration court proceedings, court interpreters interpret only those statements made directly to and by the limited English proficient (LEP) party. Thus, LEP individuals can only understand what is being spoken to them, not what is being asserted about them. In asylum interviews, applicants must provide their own interpreter, and failure to... |
2023 |
Josh A. Roth |
THE LEADERSHIP LIMITATION ON PERSECUTORS AND TERRORIST ORGANIZATIONS |
108 Cornell Law Review Online 60 (May, 2023) |
The asylum system in the United States is a melting pot of political discourse, international relations, and novel questions of law. Among other legal requirements, an asylee bears the burden of showing (1) they were persecuted or have a well-founded fear of future persecution and (2) that the persecution was committed by the government or that the... |
2023 |
Hardeep Dhillon , American Bar Foundation, Chicago, IL, USA, Email: hdhillon@abfn.org |
THE MAKING OF MODERN US CITIZENSHIP AND ALIENAGE: THE HISTORY OF ASIAN IMMIGRATION, RACIAL CAPITAL, AND US LAW |
41 Law and History Review 1 (February, 2023) |
This article unravels an important historical conjuncture in the making of modern US citizenship and alienage by drawing on the state's regulation of naturalization as it relates to Asian immigration in the early twentieth century. My primary concern is to examine the socio-legal formations that constructed the thick distinctions between the modern... |
2023 |
Alesia Ash |
THE MILITARIZATION OF MEXICO'S BORDER AND ITS IMPACTS ON HUMAN RIGHTS |
51 International Journal of Legal Information 58 (Spring, 2023) |
Between 800,000 and one million people are estimated to traverse Mexico from Central America each year, endeavoring to reach the United States. These migrants, asylum seekers, and refugees are forced north for a myriad of deeply personal reasons, but most commonly a combination of rampant crime and violence, economic insecurity, government... |
2023 |
Philip G. Schrag, Jaya Ramji-Nogales, Andrew I. Schoenholtz |
THE NEW BORDER ASYLUM ADJUDICATION SYSTEM: SPEED, FAIRNESS, AND THE REPRESENTATION PROBLEM |
66 Howard Law Journal 571 (Spring, 2023) |
In 2022, the Biden administration implemented what the New York Times has described as potentially the most sweeping change to the asylum process in a quarter-century. This new adjudication system creates unrealistically short deadlines for asylum seekers who arrive over the southern border, the vast majority of whom are people of color. Rather... |
2023 |
J. Mauricio Gaona |
THE PERCEPTIONAL GAP: RETHINKING 'THE MIGRANT THREAT' |
25 NYU Journal of Legislation and Public Policy 103 (2022-2023) |
Modern policies on refugee protection increasingly derive from a defining conceptualization: the migrant threat. This conceptualization ensues from a perceptional gap that portrays certain migrants as undesirable for developed host countries. This gap is built on natural and unnatural distortions of reality leading to patterns of distrust,... |
2023 |
Aziz Z. Huq |
THE PRIVATE SUPPRESSION OF CONSTITUTIONAL RIGHTS |
101 Texas Law Review 1259 (May, 2023) |
On September 1, 2021, Texas's abortion ban, S.B. 8, went into effect even as the constitutional right to an abortion was under siege at the Supreme Court. It not only prohibited almost all abortions after six weeks but also allowed any private party to sue those who, knowingly or unwittingly, aid or abet such procedures. Texas's law has been... |
2023 |
Ingrid V. Eagly |
THE RACISM OF IMMIGRATION CRIME PROSECUTION |
109 Iowa Law Review Online 27 (2023) |
ABSTRACT: Eric Fish's Article, Race, History, and Immigration Crimes, explores the racist motivation behind the original 1929 enactment of the two most common federal immigration crimes, entry without permission and reentry after deportation. This Response engages with Fish's archival work unearthing this unsettling history and examines how his... |
2023 |
Michael Maio |
THE RIGHT TO ASYLUM DURING THE COVID-19 PANDEMIC: A LEGAL REVIEW OF THE POWER TO EXPEL NONCITIZENS UNDER TITLE 42 |
86 Albany Law Review 649 (2022-2023) |
The morning of February 24, 2022, will be forever etched in the minds of millions of Ukrainians who were forced to flee their homes due to the conflict sparked by the Russian invasion. Many of these refugees sought sanctuary in neighboring countries, such as Poland, while others attempted to enter at the United States border. Among those refugees... |
2023 |
Michael Vastine |
THE RIGHT TO DEPORT IMMIGRANTS BEARING FIREARMS CONVICTIONS SHALL NOT BE INFRINGED? CONTEMPLATING THE CONSEQUENCES FOR IMMIGRANTS' FIREARM CRIMES, IN LIGHT OF BRUEN |
66 Howard Law Journal 475 (Spring, 2023) |
Eventually, this article will turn to the task at hand, using a critique of courts' use of originalism and the categorical approach to illustrate how firearms offenses are characterized as deportable offenses. Originalism and the categorical approach are two intellectual methods--theoretically, at least--for reducing arbitrary outcomes by... |
2023 |
Roberto Rosas, Valeria Montalvo |
THE RIGHT TO IMMIGRATE: A COMPARATIVE ANALYSIS OF IMMIGRATION SYSTEM IN THE UNITED STATES AND MEXICO |
24 Rutgers Race & the Law Review 121 (2023) |
C1-2Table of Contents I. INTRODUCTION. 123 II. THE RIGHT TO IMMIGRATE AS A HUMAN RIGHT. 124 III. MEXICO'S LEGAL FRAMEWORK FOR THE PROTECTION OF IMMIGRATION. 128 A. Authorities. 128 i. State Actors. 128 ii. Non-State Actors. 129 B. Policial Constitution of the United Mexican States and its relation to immigration. 130 C. Immigration Law. 133 D.... |
2023 |
Matthew J. Lindsay |
THE RIGHT TO MIGRATE |
27 Lewis & Clark Law Review 95 (2023) |
Since the late-19th century, the Supreme Court has insisted that the preservation of national sovereignty requires a constitutional chasm between immigration law and ordinary law. If the Court is to bridge that chasm, it must reimagine the longstanding premise of the federal immigration power that the presence of noncitizens in U.S. territory... |
2023 |
Fred J. Porter |
THE RIGHT VISA AT THE RIGHT TIME: PROPOSING A TARGETED SPECIAL IMMIGRANT VISA AS A FLEXIBLE TOOL FOR PRACTICAL IMMIGRATION REFORM |
41 Journal of Law and Commerce 341 (Spring, 2023) |
As the Islamic Republic of Afghanistan collapsed in the summer of 2021 and the Taliban moved into Kabul to displace the American-backed government, thousands of Afghans who had worked with the U.S. government were airlifted to the United States to receive emergency residency. These individuals' work put them under direct threat from the Taliban,... |
2023 |
Jennifer Lee Koh |
THE RISE OF THE 'IMMIGRANT-AS-INJURY' THEORY OF STATE STANDING |
72 American University Law Review 885 (January, 2023) |
Despite the Biden Administration's efforts to hold itself out as a humane alternative to the excesses of immigration enforcement during the Trump presidency, federal courts have prevented a number of immigration policy changes from going forward during the first half of the Biden era. States serve as the primary plaintiffs in these lawsuits, which... |
2023 |
Pratheepan Gulasekaram |
THE SECOND AMENDMENT'S "PEOPLE" PROBLEM |
76 Vanderbilt Law Review 1437 (October, 2023) |
The Second Amendment has a people problem. In 2008, District of Columbia v. Heller expanded the scope of the Second Amendment, grounding it in an individualized right of self-protection. At the same time, Heller's rhetoric limited the people of the Second Amendment to law-abiding citizens. In 2022, New York State Rifle & Pistol Ass'n v. Bruen... |
2023 |