| Author | Title | Citation | Summary | Year |
| Joshua J. Schroeder |
COURTING OBLIVION PART III: ENACTING A CHELSEA MANNING ACT OF OBLIVION AND AMNESTY |
73 Cleveland State Law Review 857 (2025) |
This is the third and final part of the three-part Courting Oblivion series on the legal concept of oblivion, meaning legal forgetfulness, letting go of the past, or forgiveness, usually to predicate a second chance, a restart, or even an era of reconstruction. This Article begins with an exposition of former President Donald J. Trump's several... |
2025 |
| A. Regenold Bright |
CRIMINALIZATION OF IMMIGRATION THROUGH STATE ENFORCEMENT: LESSONS FROM TEXAS'S LATEST EFFORTS TO CRIMINALIZE IMMIGRATION THROUGH SENATE BILL 4 |
47 University of Arkansas at Little Rock Law Review 517 (Summer, 2025) |
C1-2Table of Contents I. Introduction. 518 II. Operation Lone Star: A Precursor to S.B. 4. 520 III. Policy or Politics: Messaging not Meant for Implementation. 526 A. Legislative History. 529 B. From the Legislature to the Courts. 531 IV. Predictable Obstacles to Implementation. 535 A. Predicted Constitutional Challenges: Federal Preemption, Equal... |
2025 |
| Jennifer Eno Louden , Theodore R. Curry , Betel Hernandez , Elena Vaudreuil , Osvaldo F. Morera |
CRIMINOGENIC RISK FACTORS AMONG IMMIGRANTS IN THE U.S.-MÉXICO BORDER REGION |
31 Psychology, Public Policy, and Law 315 (November, 2025) |
Despite media portrayals to the contrary, immigrants to the United States tend to commit less crime than U.S.-born citizens. However, the factors underlying this at the individual level are not fully understood. To examine this, we conducted two complementary studies among individuals in the U.S.-México border region who were recently booked into... |
2025 |
| Sarah Medina Camiscoli |
CRISIS CONVERGENCE |
120 Northwestern University Law Review 5 (2025) |
Abstract--Progressive jurists and legal scholars have called the Supreme Court's doctrine of colorblind constitutionalism that dismantled affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard (SFFA) a crisis for constitutional democracy. However, scholars have not yet tended to students, particularly students... |
2025 |
| Jaclyn Kelley-Widmer |
DACA BEYOND BOUNDARIES: EMPLOYMENT-BASED STRATEGIES |
59 University of San Francisco Law Review 447 (2025) |
Pamela came to the United States from South America as a two-year-old, crossing the border in her parents' arms with no lawful status. With her family, she moved to the American West. There, she grew up, built a community, and studied hard at school. As a young adult, she attended a university in California, where undocumented students like her... |
2025 |
| Pratheepan Gulasekaram |
DANGEROUSNESS & THE UNDOCUMENTED |
114 Georgetown Law Journal 1 (November, 2025) |
The Supreme Court's most recent Second Amendment opinion, United States v. Rahimi, centers the question of dangerousness in right to bear arms challenges. There, the Court upheld 18 U.S.C. § 922(g)(8), the federal criminal prohibition on possession of firearms by those subject to a civil domestic violence order, opining that legislatures could... |
2025 |
| Ananda de Almeida |
DEALING WITH A DIFFICULT ALLY: HOW TURKIYE'S MISUSE OF VETO POWER HIGHLIGHTS THE NEED FOR CHANGING NATO'S VOTING PROCEDURES |
56 George Washington International Law Review 119 (2025) |
Ever since the failed coup of 2016, the Turkish government has been accused of violating numerous international human rights, including its engagement in transnational repression tactics like rendition to obtain the extradition of those who are considered enemies of the state. This includes political dissidents, Kurdish minorities, and anyone who... |
2025 |
| Theresa Wilson Coney |
DEBUNKING FIVE MYTHS ABOUT DIVERSITY, EQUITY, AND INCLUSION |
39-WTR Criminal Justice 27 (Winter, 2025) |
The chasm between the principles upon which this Government was founded . and those which are daily practiced under the protection of the flag, yawns so wide and deep. --Mary Church Terrell, clubwoman, businesswoman, and activist, 1906 As an African American woman, living at the intersection of race and gender inequity can often be a precarious... |
2025 |
| Jennifer D. Oliva |
DECRIMINALIZING CANNABIS |
134 Yale Law Journal Forum 942 (2024-2025) |
March 28, 2025 abstract. The United States has criminalized the manufacture, distribution, use, and possession of cannabis and its psychoactive components at the federal level since 1970. The states began to push back on national cannabis prohibition in the mid-1990s and, as a result, adult cannabis use is legal for various purposes in most of the... |
2025 |
| Joshua J. Schroeder |
DEFENDING DRED SCOTT PART I: THE FATAL FLAW IN THE 1619 PROJECT |
26 Rutgers Race & the Law Review 1 (2025) |
In 2019, provocateur extraordinaire Nikole Hannah-Jones made a political gambit known as The 1619 Project in an attempt to re-center the inquiry of U.S. history upon Black Americans. The 1619 Project was not history, but creative reportage to shift the trajectory of historical inquiry in the United States. Judging from the deluge of research... |
2025 |
| Elizabeth Harnish-Nisly |
DEPARTMENT OF STATE v. MUÑOZ: EYES WIDE SHUT--OBLITERATING MARITAL LIBERTY INTERESTS BY PRETENDING THEY NEVER EXISTED |
84 Maryland Law Review 977 (2025) |
In Department of State v. Muñoz, the Supreme Court considered a Fifth Amendment Due Process challenge. Sandra Muñoz, a U.S. citizen, alleged that her marital liberty interest was infringed without due process of law when her husband's visa application was denied with little explanation. Rather than deciding whether Muñoz received the process she... |
2025 |
| Anja Bossow |
DEPORTATION AS TORTURE |
57 New York University Journal of International Law & Politics 323 (Spring, 2025) |
Deportation, as a practice, is currently only lightly regulated under international human rights law. The only conditional defenses that an individual possesses against deportation are the threat of torture or cruel, inhuman, and degrading treatment by the receiving state or a breach of procedural norms in the making of the deportation decision.... |
2025 |
| Liane M. Jarvis Cooper |
DIGITAL SPEECH AND FUTURE PERSECUTION |
25 Nevada Law Journal 291 (Spring, 2025) |
Digital dissidents are afraid. Yet, U.S. federal circuit courts have repeatedly upheld federal agency decisions denying asylum to such individuals. Why? This Article uncovers and examines courts' evidentiary and policy reasons for upholding these denials. The Article then proposes a more comprehensive approach to determining when digital... |
2025 |
| Glykeria Teji , Shira Wisotsky |
DIGNITY IN DETENTION: ADDRESSING GYNECOLOGICAL HEALTHCARE NEEDS OF PEOPLE DETAINED BY U.S. IMMIGRATION AUTHORITIES |
34 Annals of Health Law and Life Sciences 177 (Spring, 2025) |
People who require gynecological and obstetric care and who are detained by U.S. federal immigration authorities face unique challenges. This article examines how the current legal and administrative landscape fails to hold those responsible for providing healthcare accountable, effectively blocking access to gynecological care, and, assuming no... |
2025 |
| Kate Aschenbrenner Rodriguez |
DISCRETIONARY (IN)JUSTICE CONTINUED: DISCRETION AS A TOOL TO DENY ASYLUM |
31 Washington and Lee Journal of Civil Rights and Social Justice 1 (Spring, 2025) |
In 2012, I published an article entitled Discretionary (In)justice: The Exercise of Discretion in Claims for Asylum. At that time, I was concerned because of a pattern I had seen of adjudicators in individual cases denying applications for asylum not on the basis of statutory eligibility but instead in an exercise of the adjudicator's discretion.... |
2025 |
| Kate Aschenbrenner Rodriguez |
DISCRETIONARY (IN)JUSTICE EXPANDED: CATEGORICAL DENIALS OF ASYLUM |
94 UMKC Law Review 73 (Fall, 2025) |
President Trump was once again elected to the presidency on November 6, 2024. He campaigned on an anti-immigrant, anti-asylum seeker platform based on lies and racist, inflammatory rhetoric calculated to play on systemic racism, bias and the fears of some of the public. He has promised to crack down on illegal immigration immediately, starting... |
2025 |
| Mary Holper |
DISCRETIONARY IMMIGRATION DETENTION |
74 Duke Law Journal 961 (January, 2025) |
Immigration detainees challenging immigration judges' bond decisions are hitting a jurisdictional wall--federal courts are given license to ignore errors that immigration judges make in determining dangerousness and flight risk, because such decisions can be categorized as discretionary. This license comes from a 1996 amendment to the Immigration... |
2025 |
| Jonathan Feingold , Joshua Weishart |
DISCRIMINATORY CENSORSHIP LAWS |
99 Tulane Law Review 585 (February, 2025) |
The summer of 2020 ignited global protests for racial justice. Across the United States, millions marched with a modest plea: that America reckon with its racism. For K-12 schools, this moment pushed local communities and district leaders to create more inclusive classrooms and curricula. Yet before the summer ended, America's antiracist turn... |
2025 |
| Jenny Kim |
DISHONORABLY CHARGED: RESCUING NONCITIZEN VETERANS FROM THE ""DECONSTITUTIONALIZED ZONE" |
21 Stanford Journal of Civil Rights & Civil Liberties 258 (August, 2025) |
Veterans are being deported from the United States for criminal convictions they sustained decades ago, and the federal government is failing its mission to protect them. Draconian immigration laws tied to criminal convictions, a sustained uptick in immigration enforcement, and the elimination of a longstanding statutory provision protected by the... |
2025 |
| |
DRIVER'S LICENSES FOR ALL: AN EVALUATION OF FLORIDA'S ANTI-IMMIGRATION BILL AND THE CASE FOR ALLOWING UNDOCUMENTED IMMIGRANTS TO OBTAIN DRIVER'S LICENSES |
58 Suffolk University Law Review 189 (2025) |
A driver's license is fundamentally a tool of public safety. It requires that all drivers receive training, pass a driver's test, get their vision checked, and know the rules of the road. It also allows cars to get insured, providing more safety checks and resources. That's why everyone who needs to drive on our roads should be licensed. It means... |
2025 |
| Isaac Mamaysky |
EMPLOYEE SPEECH v. WORKPLACE VALUES: A DEFENSE OF AT-WILL EMPLOYMENT AND PRIVATE EMPLOYER REGULATION OF POLITICAL SPEECH |
74 Duke Law Journal Online 161 (June, 2025) |
The public policy underlying at-will employment--and particularly our collective interest in freedom of choice in the employment relationship--weighs in favor of allowing employers to regulate their employees' political activities and thus align personnel decisions with organizational values. Beginning with an exploration of the laws that somewhat... |
2025 |
| Jamie Draper, Utrecht University, j.r.g.draper@uu.nl |
ENCLAVES FOR THE EXCLUDED |
29 Journal of Ethics & Social Philosophy 283 (January, 2025) |
In western liberal democracies, and especially in Europe, the politics of immigration is intertwined with the politics of integration. Approaches to integration vary across national contexts, but there are also significant points of convergence. One such point of convergence is the widely held view that immigrants have a duty to integrate in... |
2025 |
| Sarah E. Corsico |
EPISTEMIC INJUSTICE IN REMOVAL PROCEEDINGS: DISABILITY, DISABLEMENT, AND THE SUBJUGATION OF KNOWLEDGE IN THE U.S. IMMIGRATION SYSTEM |
60 Harvard Civil Rights-Civil Liberties Law Review 251 (Winter, 2025) |
C1-3Table of Contents I. Introduction. 252 II. Immigration Court Proceedings. 260 A. Initiation & Evolution of an Immigration Proceeding. 261 B. Disability Protections. 264 1. Competency Hearings and the INA. 264 2. The ADA & Section 504 of the Rehabilitation Act. 268 III. Epistemic Injustice in Removal Proceedings. 269 A. An Introduction to... |
2025 |
| Elizabeth A. Brown , Matthew M. Cummings |
EVERY STEP YOU TAKE: SECURING EMPLOYEES' LOCATION DATA PRIVACY |
26 Minnesota Journal of Law, Science & Technology 1 (Spring, 2025) |
When companies have access to the location data of millions of smartphones with minimal regulation, what stops them from using such data to track their employees' location outside of traditional working hours and locations? This Article analyzes the legal risks that the growing commodification of location data poses to employees and the ease with... |
2025 |
| Jacqueline Marie Brown |
FACT-FINDING IS AN IMMIGRATION LAWYER'S JOB: THE IMPORTANCE OF WORKING ONE-ON-ONE WITH CLIENTS IN ASYLUM CASES |
59 University of San Francisco Law Review 417 (2025) |
Often, the most crucial part of an asylum seeker's case, fact-finding, is delegated to legal assistants and paralegals. However, this Article shows why that is a serious mistake. Declaration writing and gathering country conditions evidence are essential parts of an asylum claim, and they are precisely the tasks that should be handled by an asylum... |
2025 |
| Verónica C. Gonzales |
FINE-TUNING LLMS: STRUCTURAL FLUENCY AND AUGMENTATION FOR THE GREAT AND POWERFUL WIZARD OF AI |
25 Duke Law & Technology Review 116 (27-Jan-25) |
The civil legal tradition carries assumptions, biases, and attitudes rooted in racism and ideologies intended to protect the (im)balance of power. This moment in history offers new versions of the same challenges with the integration of artificial intelligence (AI) and large language models (LLMs) into legal frameworks, and those critiques are... |
2025 |
| E. Tendayi Achiume |
FOR WHOM IS INTERNATIONAL LAW? |
41 American University International Law Review 1 (2025) |
I. PROLOGUE. 1 II. LAND ACKNOWLEDGEMENT, THANKS, AND OUTLINE. 4 III. LOOKING TO THE TOP: RACIAL JUSTICE, REPARATIONS AND INTERNATIONAL LAW. 6 IV. LOOKING TO THE BOTTOM. 18 V. CONCLUSION. 22 |
2025 |
| Hannah Corcoran |
FORGET IT, FLORIDA. IT'S CHINATOWN: THE RETURN OF IMMIGRANT LAND LAWS IN AMERICA |
96 University of Colorado Law Review 811 (2025) |
So the story of man runs in a dreary circle, because he is not yet master of the earth that holds him. -- Will Durant The United States is currently in the midst of a rebirth of what scholars have traditionally dubbed Alien Land Laws (hereinafter Immigrant Land Laws). These laws generally aim to regulate real estate acquisition and... |
2025 |
| Elena Contreras Chavez, Erica De Sutter Summerville, Finn Johnson, G Koffink, Jakki Mattson, Ronald Mize, Joselyne Tellez-- Cardenas |
FROM FAIRY TALES TO FASCIST NIGHTMARES: COUNTERING RON DESANTIS' FLORIDA |
16 University of Miami Race & Social Justice Law Review 41 (Fall, 2025) |
Original Digital Artwork by Joel Smith The recent spate of anti--woke, don't say gay, anti--trans, and anti-- immigrant legislation, led by Florida Governor Ron DeSantis, puts the sunshine state in the unenviable position of serving as the nation's test case for Republicans' neofascist agendas. This paper explores the exclusionary, targeting, and... |
2025 |
| Bojan Perovic |
FROM STALEMATE TO SOLUTIONS: RETHINKING INTERCOUNTRY ADOPTION THROUGH VULNERABILITY THEORY AND TECHNOLOGICAL INNOVATION |
94 Mississippi Law Journal 923 (2025) |
Introduction. 925 I. Intercountry Adoption: Historical Overview and Contemporary Context. 927 A. Foundations of Intercountry Adoption. 927 B. Korean War and Shift to Developing Nations. 928 C. Increased Responsiveness to Global Crises. 930 D. The Shift Towards Market-Driven Practices and the Emergence of Legal and Ethical Challenges. 932 E. Global... |
2025 |
| Meg Keiser |
GENDER-BASED PERSECUTION, PROTECTION, AND PARTICULARITY: THE CASE FOR RETURNING TO ACOSTA |
43 Minnesota Journal of Law & Inequality 281 (Winter, 2025) |
Waiting for her chance in Mexico to cross the border into the United States, a Honduran woman, Karen Paz, remarked that [h]itting a woman for a man is as normal as eating a tortilla from a food stand on the way to work, referring to the high prevalence of gender-based and domestic violence in Honduras. Ms. Paz revealed a scar on her shoulder--the... |
2025 |
| Meg Keiser |
GENDER-BASED PERSECUTION, PROTECTION, AND PARTICULARITY: THE CASE FOR RETURNING TO ACOSTA |
43 Minnesota Journal of Law & Inequality 281 (Winter, 2025) |
Waiting for her chance in Mexico to cross the border into the United States, a Honduran woman, Karen Paz, remarked that [h]itting a woman for a man is as normal as eating a tortilla from a food stand on the way to work, referring to the high prevalence of gender-based and domestic violence in Honduras. Ms. Paz revealed a scar on her shoulder--the... |
2025 |
| Steven W. Bender |
GETTING THERE FROM HERE: REFLECTING ON COMPASSIONATE MIGRATION POLICY |
32 William and Mary Journal of Race, Gender, and Social Justice 87 (Fall, 2025) |
Perchance to Dream . --Michael A. Olivas Introduction I. Compassionate Immigration Values and Principles II. Compassionate Borderlands Policy III. Immigration Values and Policies Under Trump IV. The Road to Compassion in a Time of Trump Conclusion Having written about Latinx issues for more than three decades, with a focus on immigration policy for... |
2025 |
| Bo Yan J. Moran, JD |
GOLD RUSH ANTI-CHINESE RACISM: THE BIRTH OF SAN FRANCISCO'S HOUSING CRISIS |
29 U.C. Davis Social Justice Law Review 123 (Winter, 2025) |
C1-2Table of Contents Introduction. 124 I. Anti-Chinese Immigrant Segregation in the Late 1800s to Early 1900s: A San Francisco Experience. 127 A. The First Big Wave of Chinese Immigration to San Francisco. 127 B. Property and Land Use Restrictions: A Proven Exclusionary Tool Against Asians. 129 C. Chinese Laundry Cases. 131 II. Exclusionary... |
2025 |
| Rita E. Kuckertz |
HIDDEN BARRIERS TO ENTRY: LANGUAGE INJUSTICE, NOTICE, AND THE IN ABSENTIA REMOVAL OF FAMILIES ON LA'S DEDICATED DOCKET |
28 Harvard Latin American Law Review 193 (Spring, 2025) |
The Dedicated Docket is among the latest in a series of fast-tracked immigration adjudication systems. Enacted by President Biden in 2021, it was designed to process families' immigration cases within 300 days. Since its inception, advocates have repudiated the docket, reporting grave due process and transparency concerns. This Article supplements... |
2025 |
| Cristina Marila |
HIDDEN IN PLAIN SIGHT: JAPAN'S DYING LABOR FORCE AND THE HUMAN TRAFFICKING ISSUES THAT COME WITH IT |
56 George Washington International Law Review 149 (2025) |
Japan's stringent immigration policies paired with an aging population have left the country with a high demand for laborers. The labor scarcity promotes serious human trafficking issues that will become increasingly detrimental and prevalent as Japan's population continues to fall, and the country's strict immigration restrictions exacerbate the... |
2025 |
| Claire S. Campuzano |
HI-HO, OFF TO WORK ASYLEES MUST GO: NEW YORK'S NEED TO FACILITATE MIGRANT WORK PERMITS |
42 Hofstra Labor and Employment Law Journal 431 (Spring, 2025) |
To some, we have come full circle from the time of the first Thanksgiving. Native-born Americans are having their land and opportunities overrun with foreign invaders at a pace the people of this country cannot contain. Only these days, the invaders aren't pilgrims escaping from under the thumb of monarchs, but rather refugees fleeing homes... |
2025 |
| Tsion Gurmu , Nekessa Opoti |
HOMOPHOBIA IN AFRICA AND XENOPHOBIA IN THE UNITED STATES CREATE PERILOUS CONDITIONS FOR BLACK LGBTI MIGRANTS |
50 Human Rights 18 (March, 2025) |
Respect African societies and their values. If you don't agree, let us just manage our society as we see fit. [Homosexuals] are disgusting. What sort of people are they? --Uganda's President Yoweri Museveni They're poisoning the blood of our country .. [Immigrants are] coming into our country from Africa, from Asia, all over the world. --U.S.... |
2025 |
| Katherine Drabiak |
HOW DISTORTING ASYLUM LAW AFFECTS HEALTH AND SAFETY AT THE BORDER |
22 Indiana Health Law Review 215 (2025) |
In 2023, U.S. Customs and Border Protection (CBP) reported a record 3.2 million encounters of foreign nationals attempting to illegally enter the border. Multiple stories in the media and even scholarly articles refer to this influx of foreign nationals as asylum seekers and families fleeing violence, persecution, and armed conflict. Examining... |
2025 |
| Katrina Zhu |
HOW DOES AN IMMIGRANT BECOME AN "AMERICAN"? EXCLUSION AND ASSIMILATION IN U.S. NATURALIZATION LAW |
72 UCLA Law Review 298 (May, 2025) |
Ugly fears of unassimilated immigrants have persisted throughout American history, influencing immigration law for centuries. From Chinese exclusion in the late 1800s, to President Trump's Muslim ban in 2017, to his continued emphasis on securing our borders today, American history is rich with examples of exclusionary immigration policies. Though... |
2025 |
| Robert Knowles |
HOW LOCHNERISM ENDS |
56 Seton Hall Law Review 65 (2025) |
The Roberts Court's aggressive push for deregulation--often called New Lochnerism--seems ascendant in constitutional jurisprudence. The Court has revived Lochner-era judicial activism--dismantling bases for agency power, constitutionalizing free-market principles via the First Amendment, and using novel interpretive doctrines to curb the reach of... |
2025 |
| Xuan W. Tay |
HOW NATIONAL NARRATIVES SHAPE THE SOVEREIGNTY OF NATION-STATES |
46 University of Pennsylvania Journal of International Law 1037 (Summer, 2025) |
This Article is broadly about the relationship between narratives and international legal behavior. It is specifically about the relationship between narratives about the nation-state, and how individuals think about sovereignty. In the main discussion, I introduce a cross-disciplinary theory which brings into view the national narrative's role in... |
2025 |
| Abigail “Abby” Reinhard Greene |
HOW THE UNITED STATES FAILS IMMIGRANT YOUTH |
28 University of the District of Columbia Law Review 172 (Spring, 2025) |
Immigrants are some of the most marginalized members of society. Immigrant youth, in particular, endure additional stresses due to their dual status as children and immigrants. Many fled their home country from persecution or entered the U.S. without a parent or legal guardian. By May 2024, over 120 million individuals were forcibly displaced... |
2025 |
| Els De Busser |
HUMAN RIGHTS IN TECHNOLOGY--A NEED FOR A NEW NORM |
57 Case Western Reserve Journal of International Law 109 (Spring, 2025) |
The field of cyber security has relied on norms quite heavily to govern the behavior of states and non-state actors in cyberspace. However, existing norms do not offer guidance on integrating attention to human rights into the design and development of digital consumer products. This Paper introduces a way to foresee the human rights impact of new... |
2025 |
| Ron Hayduk |
IMMIGRANT VOTING RIGHTS AND THE QUEST FOR UNIVERSAL SUFFRAGE |
60 Harvard Civil Rights-Civil Liberties Law Review 317 (Winter, 2025) |
C1-2Table of Contents Introduction. 317 I. Should Noncitizens Have the Vote Too?. 323 A. The Rise and Fall of Alien Suffrage in American History. 324 B. Contemporary Campaigns to Restore Immigrant Voting Rights. 332 C. Right-wing Responses. 334 D. The Quest for Universal Suffrage. 338 Conclusion. 342 |
2025 |
| Charis E. Kubrin, Graham C. Ousey |
IMMIGRATION AND CRIME IN COMPARATIVE PERSPECTIVE: AN EMERGING FRAMEWORK FOR RESEARCH |
54 Crime and Justice 257 (2025) |
Research on immigration and crime has experienced unprecedented growth. Studies reveal that immigration is not associated with increased crime rates in many countries including the United States, Canada, and Australia. In other places such as Europe, the findings are more mixed. Yet, limitations in this body of work hamper our understanding. In... |
2025 |
| Stella Burch Elias |
IMMIGRATION FEDERALISM IN THE SECOND TRUMP ADMINISTRATION |
61 Idaho Law Review 291 (2025) |
This Article explores the ongoing transformation of state and local engagement in immigration-related rulemaking in the United States during the Second Trump Administration. The Article examines the myriad ways in which federal executive actions and state responses to those actions, alongside independent state actions and the federal government's... |
2025 |
| Matthew Vogel |
IMMIGRATION INTERFERENCE: HOW IMMIGRATION LAW CREATES A SHADOW CRIMINAL LEGAL SYSTEM |
47 University of Arkansas at Little Rock Law Review 611 (Summer, 2025) |
With the Trump Administration's war on immigrants ostensibly focusing, at the time of this writing, on criminal aliens, the intersection of criminal law and immigration law is more fraught than ever. In this climate, César Cuauhtémoc García Hernández's recent book Welcome the Wretched: In Defense of the Criminal Alien, is timely. There, García... |
2025 |
| Jill E. Family |
IMMIGRATION LAW AFTER CHEVRON'S DEMISE |
104 Oregon Law Review 75 (2025) |
Abstract. 76 Introduction. 77 I. The Implementation of Immigration Law Raises Humanitarian Concerns. 79 A. The Immigration Agencies and Liberty. 79 B. The Dysfunctional Immigration System. 85 II. The Move from Chevron to Loper Bright. 89 A. Court Deference to Agency Legal Conclusions: A Short History. 89 B. Skidmore and Immigration Statutes During... |
2025 |
| Megan Niemitalo |
IMMIGRATION, FEDERALISM, AND THE INVASION CLAUSES: WHO HAS A SEAT AT THE TABLE IN DISPUTES OVER THE STATE POWER TO REPEL "IMMIGRANT INVADERS" |
110 Minnesota Law Review 1015 (December, 2025) |
In Arizona v. United States, the Supreme Court famously invalidated an Arizona statute that criminalized immigration violations and empowered state officials to enforce immigration law. Arizona seemed to settle the issue of whether states can regulate immigration for the following decade. In the last year, however, questions around the division of... |
2025 |