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
Lindsay Nash DEPORTATION ARREST WARRANTS 73 Stanford Law Review 433 (February, 2021) The common conception of a constitutionally sufficient warrant is one reflecting a judicial determination of probable cause, the idea being that the warrant process serves to check law enforcement. But neither the Constitution nor the Supreme Court has fully defined who can issue arrest warrants within the meaning of the Fourth Amendment,... 2021
Daniel Kanstroom Deportation, Social Control, and Punishment: Some Thoughts about Why Hard Laws Make Bad Cases 113 Harvard Law Review 1889 (June, 2000) The Illegal Immigration Reform and Immigrant Responsibility Act and the Antiterrorism and Effective Death Penalty Act, both passed in 1996, substantially altered U.S. immigration law and policy. In December 1999, the Criminal Justice Institute of Harvard Law School, the Harvard Law School Immigration and Refugee Clinic, and the Boston College Law... 2000
Laurie A. Levin Deportation: Procedural Rights of Reentering Permanent Resident Aliens Subjected to Exclusion Hearings 51 Fordham Law Review 1339 (May, 1983) Aliens admitted for permanent residence in the United States enjoy substantial constitutional protections. Despite the extent of these protections, permanent residents are subject to deportation by the Immigration and Naturalization Service (INS) in certain circumstances. The deportation procedures of the INS raise the issue whether these... 1983
Lupe S. Salinas Deportations, Removals and the 1996 Immigration Acts: a Modern Look at the ex Post Facto Clause 22 Boston University International Law Journal 245 (Fall 2004) I. Introduction. 246 II. Concerns Over the Immigration Acts in the American Immigrant Community. 251 III. Congressional Plenary Power in the Area of Immigration and Naturalization. 253 IV. AEDPA and IIRIRA: The 1996 Immigration Acts and the Aggravated Felony . 255 V. The Supreme Court's Deportation Rulings--A Constitutional Enigma?. 260 VI.... 2004
Lori A. Nessel Deporting America's Children: the Demise of Discretion and Family Values in Immigration Law 61 Arizona Law Review 605 (2019) Deportation may result . in loss of both property and life, or of all that makes life worth living. In approaching cases . in which federal constitutional rights are asserted, it is incumbent on us to inquire not merely whether those rights have been denied in express terms, but also whether they have been denied in substance and effect.... 2019
Pooja R. Dadhania Deporting Undesirable Women 9 UC Irvine Law Review 53 (September, 2018) Immigration law has long labeled certain categories of immigrants undesirable. One of the longest-standing of these categories is women who sell sex. Current immigration laws subject sellers of sex to an inconsistent array of harsh immigration penalties, including bars to entry to the United States as well as mandatory detention and removal. A... 2018
Sheila I. Vélez Martínez Desde Quisqueya Hacia Borinquena: Experiences and Visibility of Immigrant Dominican Women in Puerto Rico: Violence, Lucha and Hope in Their Own Voices 18 ILSA Journal of International and Comparative Law 683 (Summer, 2012) I. Introduction. 683 II. Methodology. 685 III. Dominican migration: feminine and transnational. 689 IV. The shaping and reshaping of identities. 697 V. On Visibility. 702 VI. Conclusion. 705 2012
Juliet P. Stumpf Designing Populations: Lessons in Power and Population Production from Nineteenth-century Immigration Law 64 Vanderbilt Law Review En Banc 29 (February 22, 2011) I. Integration and the Production of Culture. 31 A. Ingredients of Exclusion. 32 B. Ingredients of Inclusion. 33 C. Modern Integration and Change. 35 II. Who Decides?. 37 A. Federal, State, Local, and Private Decisionmakers. 38 B. Who Integrates. 41 Conclusion. 42 2011
Hiroshi Motomura Designing Temporary Worker Programs 80 University of Chicago Law Review 263 (Winter, 2013) Some of the most vexing and persistent questions in US immigration policy involve whether and how to design programs to admit temporary workers to the United States. In addressing this topic, I start with a brief overview of temporary worker admissions in US immigration law today and then summarize the main points typically made by supporters and... 2013
Sara Hungler DESTINED TO STAY - A CASE STUDY OF ROMA REFUGEES FROM UKRAINE 100 University of Detroit Mercy Law Review 477 (Spring, 2023) This paper presents the outcome of a survey based on interviews with NGOs, local helpers, and administrative leaders in Hungary. The results show that even though the general perception of refugees has ameliorated since the 2015 migration crisis, negative attitudes toward Roma and the poor prevail. When resources are scarce, aid workers must create... 2023
Ingrid Eagly , Steven Shafer , Jana Whalley Detaining Families: a Study of Asylum Adjudication in Family Detention 106 California Law Review 785 (June, 2018) The United States currently detains more families seeking asylum than any nation in the world, but little is known about how these families fare in the immigration court process. In this Article, we analyze government data from all immigration court cases initiated between 2001 and 2016 to provide the first empirical analysis of asylum adjudication... 2018
Aaron Korthuis Detention and Deterrence: Insights from the Early Years of Immigration Detention at the Border 129 Yale Law Journal Forum 238 (November 25, 2019) ABSTRACT: Throughout the past several years, in the Trump and Obama Administrations alike, federal immigration authorities have advanced the use of detention as a deterrent to dissuade immigrants from seeking refuge in the United States. That detention often lasts for months, and even years, causing some immigrants to give up their cases, while... 2019
Pamela Theodoredis Detention of Alien Juveniles: Reno V. Flores 12 New York Law School Journal of Human Rights 393 (Spring, 1995) The Supreme Court, in Reno v. Flores, upheld a regulation promulgated by the Immigration and Naturalization Service (INS) requiring that alien juveniles who are suspected of being deportable be placed with government selected or operated institutions, where no parent, close relative, or legal guardian is available to assume custody. Despite the... 1995
Bridget Stubblefield Development in the Executive Branch Sanctuary Cities: Balancing Between National Security Directives, Local Law Enforcement Autonomy, and Immigrants' Rights 29 Georgetown Immigration Law Journal 541 (Spring, 2015) On July 1, 2015, Kathryn Steinle was fatally shot while walking on San Francisco's Embarcadero after a gunman opened-fire on Pier 14. Authorities charged Juan Francisco Lopez-Sanchez, a Mexican national who was in the United States illegally, with Steinle's murder. Prior to Steinle's death, Lopez-Sanchez had been convicted of seven felonies and had... 2015
Victor C. Romero Devolution and Discrimination 58 New York University Annual Survey of American Law 377 (2002) One way to determine whether the national or the state governments should have the power over immigration, that is, the ability to regulate the flow of noncitizens into a polity, is to look at the text of the U.S. Constitution, which purports to allocate powers between these entities. Unfortunately, the word immigration appears nowhere in the... 2002
Nicholas Loh DIASPORIC DREAMS: LAW, WHITENESS, AND THE ASIAN AMERICAN IDENTITY 48 Fordham Urban Law Journal 1331 (October, 2021) Introduction. 1331 I. Historical Artifacts--Anti-Asian Animus. 1335 A. Exclusion and Litigating Whiteness. 1335 B. Alien Land Laws and Internment. 1341 II. Assimilation, Covering, and Honorary Whiteness. 1345 A. Assimilation and the Model Minority Myth. 1346 B. Covering. 1348 C. The Choice for a New Generation of Assimilated Asian Americans. 1351... 2021
Gabriel J. Chin , Douglas M. Spencer Did Multicultural America Result from a Mistake? The 1965 Immigration Act and Evidence from Roll Call Votes 2015 University of Illinois Law Review 1239 (2015) Between July 1964 and October 1965, Congress enacted the three most important civil rights laws since Reconstruction: The Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Immigration and Nationality Act Amendments of 1965. As we approach the 50th anniversary of these laws, it is clear that all three have fundamentally remade the... 2015
Tanya Monthey DIFFERING FROM "US" IN RELIGION, CUSTOMS, AND LAWS: THE PHILIPPINES, LABOR MIGRATION, AND UNITED STATES EMPIRE 24 Oregon Review of International Law 223 (2023) Introduction. 224 I. Historical Background of the Philippines-United States (Unequal) Relationship. 226 A. Contextualizing the Philippines in Its Colonial History. 226 1. The United States Empire. 227 2. Legal Authority for American Empire. 229 B. Filipino Labor Migration Historically. 234 C. Filipino Migrant Labor Organization in the Face of... 2023
E. Tendayi Achiume DIGITAL RACIAL BORDERS 115 AJIL Unbound 333 (2021) It is the core and intended function of borders to discriminate. Descriptively, their purpose is to differentiate or distinguish among different categories of persons, sorting those who may enter and belong from those who may not. But it is also a core function of modern borders to discriminate in the normatively prejudicial sense--they allocate... 2021
Christopher Mendez Dignity Takings in Leviathanic Immigration Proceedings 21 Scholar: St. Mary's Law Review on Race and Social Justice 403 (2019) Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status... 2019
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