Rick Su A Localist Reading of Local Immigration Regulations 86 North Carolina Law Review 1619 (September, 2008) The conventional account of immigration regulations at the local level often assumes that the local is simply a new battleground in the national immigration debates. This Article questions that assumption. Foregrounding the legal rules that organize local governments and channel local action, this Article argues that the local immigration... 2008
Raquel E. Aldana , Thomas O'Donnell A Look Back at the Warren Court's Due Process Revolution Through the Lens of Immigrants 51 University of the Pacific Law Review 633 (2020) C1-2Table of Contents I. The Historical Context and the Immigration Law Procedural Due Process Cases during the Warren Court. 638 A. The Historical Context. 638 B. The Warren Court's Immigration Due Process Cases. 645 1. Immigration Investigations and Criminal Prosecutions. 646 2. Due Process in Asylum Cases. 647 3. Due Process of Returning Lawful... 2020
Taleed El-Sabawi , Jennifer J. Carrolla A MODEL FOR DEFUNDING: AN EVIDENCE-BASED STATUTE FOR BEHAVIORAL HEALTH CRISIS RESPONSE 94 Temple Law Review 1 (Fall, 2021) Too many Black persons and other persons of color are dying at the hands of law enforcement, leading many to call for the defunding of police. These deaths were directly caused by excessive use of force by police officers but were also driven by upstream and institutional factors that include structural racism, institutional bias, and a historic... 2021
Scott Titshaw A Modest Proposal to Deport the Children of Gay Citizens, & Etc.: Immigration Law, the Defense of Marriage Act and the Children of Same-sex Couples 25 Georgetown Immigration Law Journal 407 (Winter, 2011) The Defense of Marriage Act (DOMA), which defines the terms marriage and spouse for federal purposes, clearly prevents the recognition of same-sex spouses under U.S. immigration law. Unless judges and immigration officials are careful to limit it as Congress intended, DOMA might also have a tragic unintended effect on some parent-child... 2011
April McKenzie A Nation of Immigrants or a Nation of Suspects? State and Local Enforcement of Federal Immigration Laws since 9/11 55 Alabama Law Review 1149 (Summer 2004) Illegal immigration sparked nationwide debate in the 1990s, particularly on the local level. Many states were concerned about the financial burden imposed on them because of the lack of enforcement of federal immigration laws. The states demanded financial aid to offset the costs of social services provided, as well as requested overall immigration... 2004
R. Mark Frey A Nation of Nations: a Great American Immigration Story by Tom Gjelten Simon & Schuster, New York, Ny, 2015. 405 Pages, $28.00 63-MAY Federal Lawyer 83 (May, 2016) It's election season and that means presidential candidates are out meeting and greeting the electorate, selling themselves and their brand. They push hot buttons and they sling mud to garner interest and to divide the voters as they vie for their respective party's nomination and then run for the presidency. Immigration is again at the fore as we... 2016
Gabriel J. Chin A Nation of White Immigrants: State and Federal Racial Preferences for White Noncitizens 100 Boston University Law Review 1271 (September, 2020) U.S. law, of course, drew many lines based on race from the earliest days of slavery and colonialism. It is also well known that the government discriminated against noncitizens in favor of citizens in areas such as licensing and land ownership. This Article proposes that during the long Jim Crow era, there was an additional body of racially... 2020
James F. Smith A Nation That Welcomes Immigrants? An Historical Examination of United States Immigration Policy 1 U.C. Davis Journal of International Law and Policy 227 (Spring 1995) INTRODUCTION. 228 I. THE HISTORY OF UNITED STATES IMMIGRATION AND NATURALIZATION LEGISLATION. 228 A. Selective Admissions. 229 B. National Origin Quotas (1921-1965). 232 C. The Elimination of the Quota System and Illegalization of the Mexican Worker (1952, 1965-1976). 233 D. The Immigration Act of 1965. 233 E. Immigration Legislation (1970-76). 235... 1995
Ingrid V. Eagly , Steven Shafer A National Study of Access to Counsel in Immigration Court 164 University of Pennsylvania Law Review 1 (December, 2015) Although immigrants have a right to be represented by counsel in immigration court, it has long been the case that the government has no obligation to provide an attorney for those who are unable to afford one. Recently, however, a broad coalition of public figures, scholars, advocates, courts, and philanthropic foundations have begun to push for... 2015
Berta Esperanza Hernández-Truyol A Need for Culture Change: Glbt Latinas/os and Immigration 6 FIU Law Review 269 (Spring, 2011) In conversations about Latina/o immigration, such as the one that took place at LLEADS #2: The U.S. Immigration Crises: Enemies at Our Gates or Lady Liberty's Huddled Masses?, there is one issue that we tend not to address. There exists a Latina/o immigration cuento normativo (normative narrative) that obscures and denies an entire group of... 2011
Leticia M. Saucedo A New "U": Organizing Victims and Protecting Immigrant Workers 42 University of Richmond Law Review 891 (March, 2008) This article explores the viability and potential effectiveness of immigration law's U visa to contribute to the protection of groups of workers in substandard and dangerous workplaces. Immigration law has increasingly become an obstacle to the enforcement of employment and labor law to protect immigrant workers. Moreover, employment and labor law,... 2008
Medha D. Makhlouf , Patrick J. Glen A PATHWAY TO HEALTH CARE CITIZENSHIP FOR DACA BENEFICIARIES 12 California Law Review Online 29 (June, 2021) Since 2012, beneficiaries of Deferred Action for Childhood Arrivals (DACA) have enjoyed a certain normalization, however tenuous, of their status in the United States: they can legally work, their removal proceedings are deferred, and they cease to accrue unlawful presence. Regarding subsidized health coverage, however, DACA beneficiaries remain on... 2021
Luis Angel Toro A People Distinct from Others: Race and Identity in Federal Indian Law and the Hispanic Classification in Omb Directive No. 15 26 Texas Tech Law Review 1219 (1995) I. INTRODUCTION. 1219 II. DEFINITIONS OF TERMS. 1223 III. BIOLOGICAL RACE, DIRECTIVE NO. 15, AND THE IMMIGRANT ANALOGY. 1225 IV. RACE AND IDENTITY IN U.S. LAW AND INDIGENOUS TRADITION. 1230 V. RACE AND IDENTITY IN CONTEMPORARY JURISPRUDENCE. 1238 VI. DIRECTIVE NO. 15 AND THE SOCIAL CONSTRUCTION OF RACE. 1243 VII. CHICANOS AS A RACIALIZED MINORITY... 1995
Portia Pedro A PRELUDE TO A CRITICAL RACE THEORETICAL ACCOUNT OF CIVIL PROCEDURE 107 Virginia Law Review Online 143 (June, 2021) In this Essay, I examine the lack of scholarly attention given to the role of civil procedure in racial subordination. I posit that a dearth of critical thought interrogating the connections between procedure and the subjugation of marginalized peoples might be due to the limited experiences of procedural scholars; a misconception that procedural... 2021
Maria E. Andrade , Hans C. Meyer A Problem Worth Looking For: Immigration-related Employer Investigations, Sanctions and Protection Plans 51-JUL Advocate 19 (June/July, 2008) Considering the present landscape of heightened immigration enforcement and recent changes to immigration law, businesses with a large non-citizen workforce need to take an honest look at their employment-related immigration practices. Failure to do so, particularly given the vitriolic and polarizing environment of the contemporary immigration... 2008
SAMUEL W. BETTWY A Proposed Legislative Scheme to Solve the Mexican Immigration Problem 2 San Diego International Law Journal 93 (2001) I. Introduction. 94 II. The Current Quota System. 98 III. Legislation That Has Led to the Mexican Immigration Problem. 102 A. Discrimination Against Asians (1875-1964). 103 B. Discrimination Against Eastern and Southern Europeans (1917-1964). 104 C. By Contrast, Pre-1965 Legislation That Favored Mexicans. 106 D. Immigration Legislation Inspired by... 2001
Lexie M. Ford A REASONABLE POSSIBILITY OF REFOULEMENT: THE INADEQUACIES OF PROCEDURES TO PROTECT VULNERABLE NONCITIZENS FROM RETURN TO PERSECUTION, TORTURE, OR DEATH 9 Texas A&M Law Review 209 (Fall, 2021) Due primarily to increases in individuals fleeing violence and turmoil in Central America, over 40% of noncitizens arriving in the United States are put on a fast-track removal process and subsequently claim fear of returning to their home countries. A decade ago, the number was only 5%. This influx of asylum-seekers at the border has led to... 2021
Heather Holman A RECKONING FOR RELIGIOUS FREEDOM: INDIA'S BJP AND THE INTERNATIONAL IMPLICATIONS OF ANTI-MUSLIM LEADERSHIP 38 American University International Law Review 231 (2023) Currently, the Bharatiya Janata Party (BJP) holds the majority in the Indian Parliament, where it exercises its authority by passing legislation that comports with Hindutva. Hindutva is a political ideology that champions policies intended to make India a Hindu state. Toward this end, BJP leaders use harmful rhetoric and pass legislation that harms... 2023
Barbara J. Selberg A Reprise of Warrants, Probable Cause, and Articulable Suspicion in Immigration Enforcement-laduke V. Nelson, 762 F.2d 1318 (9th Cir.1985). 61 Washington Law Review 1253 (July, 1986) Illegal immigration, especially of Mexican citizens, poses a serious national problem. It presents a particular challenge to the Immigration and Naturalization Service (INS), the agency charged with enforcing federal regulations concerning aliens. Although the INS has employed a variety of enforcement techniques, its methods have had only limited... 1986
Harvey Gee A Review of Frank Wu's Renegotiating America's Multi-colored Lines 5 New York City Law Review 203 (Fall 2002) During the mid-1990s, affirmative action and immigration were the most controversial political issues of the day. The fact that both subjects concerned race was perhaps part of the reason for this great fervor. As many Americans reevaluated civil rights policy, especially affirmative action, remarkably, there was virtually no discussion of the... 2002
Stephanie Kang A Rose by Any Other Name: the Chilling Effect of Ice's "Secure" Communities Program 9 Hastings Race and Poverty Law Journal 83 (Winter 2012) Since the September 11, 2001, attack on United States soil, both the federal government and its citizens have felt a renewed urgency to police United States borders and push undocumented immigrants out of the country in the name of national security. For example, a recent study conducted in February 2011 found that 35% of survey respondents say... 2012
Paul R. Verkuil A Study of Immigration Procedures 31 UCLA Law Review 1141 (August, 1984) C1-3Table of Contents I. Introduction. 1142 A. A Brief Overview. 1143 B. The Plan of This Article. 1144 II. Due Process in the Immigration Setting. 1146 A. The Concept of Flexible Due Process. 1146 B. The Relevance of Flexible Due Process to the Immigration Setting. 1148 III. Valuation of Individual and Governmental Interests In Immigration... 1984
Karen J. Pita Loor A Study on Immigrant Activism, Secure Communities, and Rawlsian Civil Disobedience 100 Marquette Law Review 565 (Winter 2016) This Article explores the immigrant acts of protest during the Obama presidency in opposition to the Secure Communities (SCOMM) immigration enforcement program through the lens of philosopher John Rawls' theory of civil disobedience and posits that this immigrant resistance contributed to that administration's dismantling the federal program by... 2016
Arístides Díaz-Pedrosa A Tale of Competing Policies: the Creation of Havens for Illegal Immigrants and the Black Market Economy in the European Union 37 Cornell International Law Journal 431 (2004) As long as it is possible to hire wetbacks at 10 cents an hour, they will be coming across the border until kingdom come. Introduction. 432 I. The Forces at Work in Transnational Immigration. 436 A. Push Factors of Immigration. 436 B. State Regulation of Immigration. 437 1. The Blessings. 438 2. The Burdens. 439 C. Labor Needs in the Receiving... 2004
Jason P. Luther A Tale of Two Cities: Is Lozano V. City of Hazleton the Judicial Epilogue to the Story of Local Immigration Regulation in Beaufort County, South Carolina? 59 South Carolina Law Review 573 (Spring 2008) Immigration is a national issue. -District Judge Munley, writing in Lozano v. City of Hazleton I could no longer wait for the federal government to do anything. . . . Illegal immigration is not a federal problem. It is a local issue. We deal with it every single day. -Louis Barletta, Mayor of Hazleton, Pennsylvania When the federal government... 2008
Jonathan C. Augustine A Theology of Welcome: Faith-based Considerations of Immigrants as Strangers in a Foreign Land 19 Connecticut Public Interest Law Journal 245 (Spring, 2020) When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as the citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt . On Wednesday, August 7, 2019, United States immigration authorities raided seven food processing plants in small towns... 2020
Wesley Kennedy , Angie M. Cowan A Touch of "Class"-immigration and the Intersection of Politics and Protected Section 7 Activity 23 Labor Lawyer 99 (Summer, 2007) Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door. Emma Lazarus, The New Colossus Is this the best way we can grow our big orchards? Is this the best way we can grow our good fruit? To fall... 2007
John Witte, Jr., Robert W. Woodruff University Professor of Law; McDonald Distinguished Professor of Religion; Director, Center for the Study of Law and Religion, Emory University A Tribute to Frank S. Alexander 35 Journal of Law and Religion 194 (August, 2020) A time of troubles, in Toynbee's words, is a period of crisis in law and values--a loss of faith in law and in the presence of principles underlying the law. Today is just such a time - the authority of law has disintegrated into lawless authority .. Cries for the protection of human life are heard in our hospitals, and in our prayers, but we are... 2020
Kareem W. Shora A TWENTY-YEAR LESSON: THE ROLE OF CIVIL RIGHTS IN SECURING OUR NATION 12 Journal of National Security Law & Policy 187 (2021) L1-2Introduction: The Failure of Trust and Impact on Communities . L3187 L1A. L2Lesson One: Do Not Conflate Immigration Enforcement with Violence Prevention. L3188 I. Diversity, Equity, and Inclusion Provide Collective Security. 189 A. Lesson Two: Avoid the ideological litmus test. 190 B. Lesson Three: Civil Rights and Civil Liberties Should Not Be... 2021
Anna Shifrin Faber A Vessel for Discrimination: the Public Charge Standard of Inadmissibility and Deportation 108 Georgetown Law Journal 1363 (April, 2020) Law . becomes civilized to the extent that it is self-conscious of what it is doing. C1-2Table of Contents Introduction. 1364 I. Public Charge: Now and Then. 1366 a. the current standard. 1366 1. Admission. 1367 2. Deportation. 1369 b. history of public charge. 1369 1. The Colonial Era to the Beginning of the Twentieth Century. 1370 2. The Early... 2020
John A. Scanlan A View from the United States -- Social, Economic, and Legal Change, the Persistence of the State, and Immigration Policy in the Coming Century 2 Indiana Journal of Global Legal Studies 79 (Fall, 1994) In this article, Professor Scanlan argues that in spite of recent trends toward globalism, traditionally composed nation-states, especially the United States, will continue to exercise localized control over immigration and receiving nations may pursue increasingly restrictive policies. The author begins with a history of recent U.S. and European... 1994
Eleanor Marie Lawrence Brown A Visa to "Snitch": an Addendum to Cox and Posner 87 Notre Dame Law Review 973 (February, 2012) Cox and Posner's landmark contribution is the first article to have highlighted the challenges of information asymmetry in immigration screening. While Cox and Posner have undoubtedly made a significant contribution, there is a critical oversight in their framework: they do not discuss the importance of targeted ex post mechanisms of screening... 2012
Olivia Magliozzi A WELL-FOUNDED FEAR OF THE CLIMATE: UTILIZING ENVIRONMENTAL GOVERNANCE STRUCTURES TO PROTECT CLIMATE REFUGEES 46 Suffolk Transnational Law Review 123 (Winter, 2023) An international, collective failure to mitigate climate change and protect the refugees it leaves in its wake is among the greatest threats facing humanity presently and into the future. The definition of refugee was ascribed during the Geneva Convention of 1951 (1951 Geneva Convention) during a time when climate change was unimaginable, as a... 2023
Shalini Bhargava Ray ABDICATION THROUGH ENFORCEMENT 96 Indiana Law Journal 1325 (Summer, 2021) Presidential abdication in immigration law has long been synonymous with the perceived nonenforcement of certain provisions of the Immigration and Nationality Act. President Obama's never-implemented policy of deferred action, known as DAPA, serves as the prime example in the literature. But can the President abdicate the duty of faithful execution... 2021
Marc Canellas ABOLISH AND REIMAGINE: THE PSEUDOSCIENCE AND MYTHOLOGY OF SUBSTANCE USE IN THE FAMILY REGULATION SYSTEM 30 Georgetown Journal on Poverty Law and Policy 169 (Winter, 2023) Substance use is one of the favorite justifications for the family regulation system to remove children and prevent reunification with their parents, especially if those parents are women, people in poverty, or people of color. This Article reviews decades of scientific research, hundreds of scientific articles, revealing that almost all the... 2023
Peter L. Markowitz Abolish Ice . And Then What? 129 Yale Law Journal Forum 130 (November 7, 2019) abstract. In recent years, activists and then politicians began calling for the abolition of the United States's interior immigration-enforcement agency: U.S. Immigration and Customs Enforcement (ICE). Many people have misinterpreted the call to Abolish ICE as merely a spontaneous rhetorical device used to express outrage at the current... 2019
Steven Sacco ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY 36 Georgetown Immigration Law Journal 693 (Winter, 2022) C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... 2022
Ashley Dylenski Abolishing Ice Is Not Enough: Using Conservative Judicial Principles to Protect Unauthorized Immigrants from a "Tyrannical Bureaucracy" 26 Cardozo Journal of Equal Rights & Social Justice 525 (Spring, 2020) C1-2Table of Contents I. Abolishing ICE Alone Will Not Create a More Humane Immigration System. 531 A. Untangling the Executive Immigration Agencies & Their Functions. 531 B. How Much Process is Due to Unauthorized Immigrants?. 537 C. The Zero Tolerance Policy & Family Separations Could Still Have Happened Without ICE. 543 II.Challenging The... 2020
César Cuauhtémoc García Hernández Abolishing Immigration Prisons 97 Boston University Law Review 245 (January, 2017) Introduction. 246 I. Immigration Imprisonment Today. 251 A. Defining Immigration Imprisonment. 252 B. Pathways into Immigration Imprisonment. 253 C. Lasting Power of Immigration Imprisonment. 257 II. Abolitionist Legacies. 260 A. Defining Abolition. 262 B. Abolition Past and Present. 265 III. Immigration Imprisonment's Moral Foundation. 274 A.... 2017
Allison Crennen-Dunlap Abolishing the Iceberg 96 Denver Law Review Online 148 (2019) 2018 was a difficult year for many migrants and their allies. In February, the Supreme Court held that the Immigration and Nationality Act permits the seemingly indefinite detention of certain migrants in removal proceedings without a bond hearing. In April, then-Attorney General Jefferson Sessions announced a zero tolerance policy that created... 2019
Antonio Iglesias Abolishing the Private Prison Industry's Evolving Influence on Immigrant Oppression 25 Cardozo Journal of Equal Rights & Social Justice 293 (Winter, 2019) C1-2Table of Contents Introduction. 294 I. Background. 295 A. The Growth of the Private Prison Industry. 296 B. The Continued Rise in Immigration Detention. 299 C. The Private Prison Industry's Extensive Role in Immigration Detention. 301 D. The Growing Influence of The Private Prison Industry In The Political And Legislative Process To Secure Its... 2019
Allegra McLeod ABOLITION AND ENVIRONMENTAL JUSTICE 69 UCLA Law Review 1536 (September, 2023) During the coronavirus pandemic, movements for penal abolition and racial justice achieved dramatic growth and increased visibility. While much public discussion of abolition has centered on the call to divest from criminal law enforcement, contemporary abolitionists also understand public safety in terms of building new life-sustaining... 2023
Alexandria Walden Abortion Rights for Ice Detainees: Evaluating Constitutional Challenges to Restrictions on the Right to Abortion for Women in Ice Detention 43 University of San Francisco Law Review 979 (Spring 2009) IMMIGRATION HAS BEEN a perpetual hot topic throughout American history. Debates surrounding immigration policy reform have spurred several major legislative initiatives over the last fifteen years. In 1996, Congress made significant changes to immigration law in the wake of the Oklahoma City bombing with the passage of two laws: the Illegal... 2009
Andrea Flores ABOUT TIME: TEMPORAL CONTROL AND ILLEGALITY IN NASHVILLE, TENNESSEE 46 PoLAR: Political and Legal Anthropology Review 39 (May, 2023) This article examines how time creates immigrant il/legality. It centers on a young, undocumented immigrant who was stopped by police following a traffic violation and held in custody pending potential deportation. However, he was ultimately released due to previously filed legal claims. Through the case, I demonstrate how he, his lawyer, the... 2023
Deborah A. Morgan Access Denied: Barriers to Remedies under the Violence Against Women Act for Limited English Proficient Battered Immigrant Women 54 American University Law Review 485 (December, 2004) Introduction. 486 I. Background. 490 A. The Violence Against Women Act. 490 B. The Story of May, an LEP Battered Immigrant Woman. 492 1. Language barriers to accessing VAWA information. 493 2. Language barriers to completing a VAWA application. 495 C. USCIS's Language Access Obligations Under Executive Order 13,166. 496 1. Title VI of the Civil... 2004
Nermeen S. Arastu ACCESS TO A DOCTOR, ACCESS TO JUSTICE? AN EMPIRICAL STUDY ON THE IMPACT OF FORENSIC MEDICAL EXAMINATIONS IN PREVENTING DEPORTATIONS 35 Harvard Human Rights Journal 47 (Spring, 2022) Year after year, the United States has remained the world's largest recipient of humanitarian-based immigration applications. Those seeking protection here must navigate a backlogged and increasingly restrictive system, oftentimes without access to counsel. Most individuals applying for humanitarian relief must prove that they survived egregious... 2022
Irene Rizzolatti ACCESS TO HIGHER EDUCATION: A COMPARATIVE LAW ANALYSIS OF THE INSTITUTIONAL AND SOCIETAL BARRIERS REFUGEES MUST OVERCOME 56 UIC Law Review 737 (Winter 2023) I. Introduction. 738 II. Background. 742 A. Global View on the Right to Higher Education. 744 1. International Laws Protecting the Right to Higher Education. 746 2. Women Refugee's Access to Higher Education. 748 B. Global Issues Faced by Refugees Generally. 750 1. Missing Qualifications. 751 2. Detainment Period. 753 3. Language Access. 754 4.... 2023
Marzia Barbera, Venera Protopapa Access to Justice and Legal Clinics: Developing a Reflective Lawyering Space Some Insights from the Italian Experience 27 Indiana Journal of Global Legal Studies 249 (Winter, 2020) As stated in the introduction to this special issue, the right to access to justice is critical in a liberal state: it allows individuals to defend their interests in court and to achieve full inclusion in the political community. Nonetheless, epistemological, class, and market inequalities have historically hindered its realization. Worldwide,... 2020
Gwynne Harris Birzer , Hite, Fanning & Honeyman L.L.P., Wichita, KBA Diversity Committee Chair Achieving Diversity in the Kansas Legal Profession 77-OCT Journal of the Kansas Bar Association B.A. 6 (October, 2008) Racial and ethnic diversity has always been a hallmark of American society. Immigration from different parts of the world, and the different fertility and mortality rates among recent migrants, has kept the racial and ethnic composition in flux. Diversity is not only strength, it is a necessity. Our values should reflect appreciation of diversity... 2008
Ruben J. Garcia Across the Borders: Immigrant Status and Identity in Law and Latcrit Theory 55 Florida Law Review 511 (January, 2003) I. L2-3,T3Introduction 512. II. L2-3,T3The Porous Borders of Existing Legal Doctrines 515. A. Workplace Law: Weak Protection of Immigrants. 515 B. Fair Housing Law: No Home for the Immigrant Worker. 520 C. Darkness: Public Accommodations, Hate Crimes, and Street Harassment. 522 D. The Mutually Constitutive Nature of Law and Society. 523 III.... 2003
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