Richard P. Cole, Gabriel J. Chin Emerging from the Margins of Historical Consciousness: Chinese Immigrants and the History of American Law 17 Law and History Review 325 (Summer, 1999) During the past generation legal histories of Chinese immigrants who came to America during the second half of the nineteenth century have reshaped our view of their significance for the history of American law. The preceding three generations of professional legal historians perceived the legal experience of Chinese immigrants as marginal to the... 1999
BJ Smith Emma Lazarus Weeps: State-based Anti-immigration Initiatives and the Federalism Challenge 80 UMKC Law Review 905 (Spring, 2012) 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! Centuries after the first weary travelers landed to create a great New World, the Statue of Liberty was dedicated as a symbol of freedom and... 2012
R. Paul Faxon Employer Sanctions for Hiring Illegal Aliens: a Simplistic Solution to a Complex Problem 6 Northwestern Journal of International Law and Business 203 (Spring, 1984) United States immigration policy over the course of the last 200 years has evolved from one of open arms to one of racial and qualitative restrictions to one of qualitative and quantitative restrictions. These shifts, fueled by racism, domestic economic conditions including an end to war-time labor shortages, and domestic resource limitations, have... 1984
Kitty Calavita Employer Sanctions Violations: Toward a Dialectical Model of White-collar Crime 24 Law and Society Review 1041 (1990) This article examines violations of the employer sanctions provision of the Immigration Reform and Control Act of 1986 as a case study in white-collar crime. Using interviews with 103 immigrant-dependent employers in three southern California counties, the study reveals that employer sanctions violations are numerous and that violators feel... 1990
Shannon Gleeson , Kati L. Griffith EMPLOYERS AS SUBJECTS OF THE IMMIGRATION STATE: HOW THE STATE FOMENTS EMPLOYMENT INSECURITY FOR TEMPORARY IMMIGRANT WORKERS 46 Law and Social Inquiry 92 (February, 2021) The state plays a key role in shaping worker precarity, and employers are key actors in mediating this process. While employers sometimes may act as willing extensions of the deportation machinery, they are also subjects of the immigration state. In this article, we highlight the impact of state-employer dynamics on migrant workers with Temporary... 2021
Leticia M. Saucedo Employment Authorization and Immigration Status: the Janus-faced Immigrant Worker 43 Ohio Northern University Law Review 471 (2017) This Essay explores the distinct identities of immigrant workers. The ancient myth of Janus as the gatekeeper who looks both backward and forward captures the duality of immigrant workers, who are both immigrants and workers. On one hand the immigrant worker has a past that might include an undocumented entry into or overstay in the United States;... 2017
Reyna Ramolete Hayashi Empowering Domestic Workers Through Law and Organizing Initiatives 9 Seattle Journal for Social Justice 487 (Fall/Winter, 2010) We are subjected to emotional and physical exploitation from which we cannot easily free ourselves because of the need to work and support our families in our home countries. For some of us, being immigrants--this makes our situation worse, because the employers take advantage of this situation, increasing our work hours, many times reaching 24... 2010
Patricia S. Mann Empowering the Global Movement of Bodies: an Immcrit Jurisprudence 3 Creighton International and Comparative Law Journal 160 (Fall, 2012) I want to say how happy I am to be here at CIAPA, and how grateful I am to be included for a second time in this great LatCrit South North Exchange. Last year my presentation focused on the draconian discretionary powers of US Immigration agencies to detain and deport noncitizens, regardless of their length of residence, and familial connections,... 2012
Cecillia D. Wang Ending Bogus Immigration Emergencies 129 Yale Law Journal Forum 620 (2/15/2020) abstract. In 1944, Justice Jackson dissented in Korematsu, warning that the majority's decision would lie[] about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Seventy-five years later, President Donald Trump has picked up that doctrinal weapon. This Essay sets out three... 2020
David Cole Enemy Aliens 54 Stanford Law Review 953 (May, 2002) Come on, let us deal wisely with them; lest they multiply, and it come to pass, that, when there falleth out any war, they join also unto our enemies, and fight against us, and so get them up out of the land. Exodus 1:10 To those who pit Americans against immigrants and citizens against non-citizens, to those who scare peace-loving people with... 2002
Lori A. Nessel ENFORCED INVISIBILITY: TOWARD NEW THEORIES OF ACCOUNTABILITY FOR THE UNITED STATES' ROLE IN ENDANGERING ASYLUM SEEKERS 55 U.C. Davis Law Review 1513 (February, 2022) C1-2Table of Contents Introduction. 1515 I. Deconstructing the Web of Policies that Comprise the Invisibility Regime at the Southern Border. 1521 A. Migrant Protection Protocols (MPP). 1522 B. The Asylum Transit Ban. 1527 C. Prompt Asylum Claim Review (PACR) and Humanitarian Asylum Review Process (HARP). 1529 D. Metering. 1530 E. Asylum... 2022
Jason A. Cade Enforcing Immigration Equity 84 Fordham Law Review 661 (November, 2015) Congressional amendments to the immigration code in the 1990s significantly broadened grounds for removal while nearly eradicating opportunities for discretionary relief. The result has been a radical transformation of immigration law. In particular, the constriction of equitable discretion as an adjudicative tool has vested a new and critical... 2015
Muzaffar A. Chishti Enforcing Immigration Rules: Making the Right Choices 10 NYU Journal of Legislation and Public Policy 451 (2006-2007) It is estimated that close to twelve million undocumented immigrants currently reside in the United States. Given the scale of the phenomenon, various enforcement strategies are being employed or considered to control illegal immigration. This paper focuses on two of these strategies in the current policy debate: Part I examines the electronic... 2007
Laura Sullivan Enforcing Nonenforcement: Countering the Threat Posed to Sanctuary Laws by the Inclusion of Immigration Records in the National Crime Information Center Database 97 California Law Review 567 (April, 2009) Across the United States, local police officers are playing an increasingly active role in the enforcement of federal immigration laws against the nation's estimated 12 million illegal immigrants. Immigration-related detentions resulting from contact with local officers have dramatically increased in recent years. In some jurisdictions, local... 2009
Kelly L. Anderson Enforcing Rights for Immigrants Facing the Ultimate Criminal Penalty: Deportation 80 Albany Law Review 995 (2016-2017) In the United States, the death penalty is considered the ultimate punishment for the commission of a crime. A criminal defendant may be eligible for death if convicted of the most heinous type of crime--usually some form of aggravated first-degree murder. Because death is such a severe punishment, the U.S. Supreme Court has outlined a number of... 2017
Katie Kelly Enforcing Stereotypes: the Self-fulfilling Prophecies of U.s. Immigration Enforcement 66 UCLA Law Review Discourse 36 (2018) U.S. immigration law was built on a foundation of systemic white supremacy. While a brief historical analysis of immigration laws in the United States illustrates a shift from explicitly racial to race-neutral language, the effects of the originally race-restrictive provisions in immigration law continue to be felt today. This Article illustrates... 2018
Christopher N. Lasch Enforcing the Limits of the Executive's Authority to Issue Immigration Detainers 35 William Mitchell Law Review 164 (2008) I. A Brief History of Recent Immigration Enforcement Efforts Targeting Criminal Aliens. 166 II. Detainers in Practice. 173 A. Who initiates the detainer process?. 177 B. When are detainers placed?. 178 C. In what cases are detainers placed?. 179 D. When does ICE obtain custody of those held on detainers?. 179 III. Authority to Issue Immigration... 2008
Nancy Foner Engagements Across National Borders, Then and Now 75 Fordham Law Review 2483 (April, 2007) A focus on challenges to nationally bounded citizenship paradigms is inevitably about the dramatic effects of immigration on American society. In 2005, more than thirty-five million residents of the United States were immigrants, or a remarkable twelve percent of the population. It is not, of course, numbers alone that create the challenges. At the... 2007
Jonathan J. Choi, Jess Kuesel, Katline Barrows, Elise Boos, Megan Dister, Connor Sakati, Melissa Skarjune, Stephen E. Roady, Michelle B. Nowlin ENHANCED U.S.-CANADIAN COLLABORATION ON MARINE MIGRATORY SPECIES 53 Environmental Law Reporter (ELI) 10911 (December, 2023) U.S.-Canadian management of marine migratory species is a particularly rich place to understand the complex relationship between migratory science, conservation, and law. The two nations share a large border, have a long-lasting historic friendship, and already collaborate extensively. However, the relationship is not without contention. The... 2023
David B. Thronson Entering the Mainstream: Making Children Matter in Immigration Law 38 Fordham Urban Law Journal 393 (November, 2010) Myths that parents are afforded easy and unwarranted pathways to U.S. citizenship through their U.S. citizen children and that children receive privileged treatment in U.S. immigration law stubbornly persist in public discussion surrounding possible immigration reform. Testing these myths, this essay examines immigration law's treatment of children... 2010
Bill Ong Hing Entering the Trump Ice Age: Contextualizing the New Immigration Enforcement Regime 5 Texas A&M Law Review 253 (Winter, 2018) During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the deporter-in-chief? Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries,... 2018
Marta Vides Saade Entertaining Angels Con PasiĆ³n 83 University of Detroit Mercy Law Review 901 (Summer 2006) This Symposium considers the relationship between immigration law and religious values as relevant. As a Roman Catholic ethicist, whose religious values are influenced by the indigenous traditions of the south, the question of how questions of borders and migration are treated in society has a poignant historical significance. As a lawyer, I... 2006
Peter L. Reich Environmental Metaphor in the Alien Benefits Debate 42 UCLA Law Review 1577 (August 1, 1995) Introduction 1577 I. Environmental Analogies in Immigration Politics 1579 II. The Demise of Equilibrium in Ecological Science 1584 III. Contextual Arguments in Alien Benefits Jurisprudence 1588 Conclusion 1594 1995
Beenish Riaz ENVISIONING COMMUNITY PARALEGALS IN THE UNITED STATES: BEGINNING TO FIX THE BROKEN IMMIGRATION SYSTEM 45 New York University Review of Law and Social Change 82 (2021) For decades, immigrants have been unable to access justice in the United States. The country has consistently failed to meet its international and domestic due process obligations. Given that universal representation for all immigrants is impractical, this Article posits a new strategy. It calls for legal empowerment, and in particular, the... 2021
Antonio M. Coronado ENVISIONING REPARATIVE LEGAL PEDAGOGIES 30 Clinical Law Review 65 (Fall, 2023) As numerous reports, student movements, and forms of scholarship-activism have noted, the traditional U.S. law school classroom remains a space of hierarchy, privilege, and unnamed systems of power. Particularly for students holding historically marginalized and minoritized identities, legal education remains both a remnant of and conduit for... 2023
Jessica Mitten, Leanne Aban, Lilia Abecassis, Gabriela Garcia-Bou, Carter Man, Jessica Pacwa, Talia Plofsky, Tate Schneider, Katie Wiese, Shelby Young, Yiruo Zhang EQUAL PROTECTION 23 Georgetown Journal of Gender and the Law 267 (Annual Review 2022) I. Introduction. 268 II. Overview. 269 A. Similarly Situated Requirement. 270 B. Standards of Review. 270 1. Strict Scrutiny. 271 a. Suspect Classifications. 271 b. Fundamental Rights. 273 2. Intermediate Scrutiny. 274 3. Rational Basis Review. 275 4. Alternative Formulations. 277 III. Sex-Based Classifications. 278 A. Federal Constitutional... 2022
Kristen M. Schuler Equal Protection and the Undocumented Immigrant: California's Proposition 187 16 Boston College Third World Law Journal 275 (Spring, 1996) Who among us is aboriginal? Indeed those who are aboriginal, the ones we call Native Americans, are the only ones we treat as badly as we treat new immigrants. Proposition 187, the recently passed California ballot initiative which seeks to deny all social services except emergency medical care to undocumented immigrants, has caused significant... 1996
Jenny-Brooke Condon Equal Protection Exceptionalism 69 Rutgers University Law Review 563 (Winter, 2017) Equal protection doctrine addressed to immigrants' rights is thoroughly exceptional. It is an amalgam of super-deference, suspect class treatment, and even intermediate scrutiny, depending upon whether immigrants are present in the United States lawfully or not, and whether a state or federal classification is at issue. No other area of equal... 2017
Michelle Adams, Derek W. Black Equality of Opportunity and the Schoolhouse Gate, the Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind by Justin Driver Penguin Random House, 2018 128 Yale Law Journal 2302 (June, 2019) Public schools have generated some of the most far-reaching cases to come before the Supreme Court. They have involved nearly every major civil right and liberty found in the Bill of Rights. The cases are often reflections of larger societal ills and anxieties, from segregation and immigration to religion and civil discourse over war. In that... 2019
Aziz Z. Huq Equality's Understudies 118 Michigan Law Review 1027 (April, 2020) Practical Equality: Forging Justice in a Divided Nation. By Robert L. Tsai. New York: W.W. Norton & Company, Inc. 2019. Pp. 276. $27.95. Our Republic these days is riven by divides about what equality demands of us as private and public actors. Consider just a few recent examples: Harvard University is challenged in federal court for preferring... 2020
Alia Al-Khatib, Jayesh Rathod Equity in Contemporary Immigration Enforcement: Defining Contributions and Countering Criminalization 66 University of Kansas Law Review 951 (July, 2018) During the 2016 Presidential election cycle, immigration policy emerged as a key campaign issue, with then-candidate Donald Trump promising a slate of restrictionist measures, including more aggressive immigration enforcement, curtailment of refugee admissions, and the construction of a wall along the U.S.-Mexico border. President Trump also... 2018
Naomi Doraisamy Erasing Presence Through Reasonable Suspicion: Terry and its Progeny as a Vehicle for State Immigration Enforcement 54 Idaho Law Review 409 (2018) This Article examines the long shadow cast on local policing by Terry v. Ohio, tracing the impact of Terry's progeny on state legislative campaigns focused on immigration enforcement. The policing tools afforded by Terry's progeny have an unmistakable presence-deterring effect on communities of color--so painfully illustrated in New York City... 2018
Gracen Eiland ERASING RACE: THE ROLE OF REPUBLICANISM AND RACISM IN FRENCH CONSTITUTIONAL JURISPRUDENCE 35 Temple International and Comparative Law Journal 167 (Summer, 2021) In the summer of 2018, France's parliament voted to remove the word race from the country's constitution in an effort to pursue its colorblind approach to combatting racism. Traditional French secularism stresses the non-existence of race, but by refusing to acknowledge race, France also refuses to acknowledge the reality of racism within its... 2021
Sherley E. Cruz ESSENTIALLY UNPROTECTED 96 Tulane Law Review 637 (April, 2022) Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. --Dr. Martin Luther King, Jr. Since the start of the COVID-19 pandemic, the American public has relied on essential low-wage workers to provide... 2022
Luz E. Herrera, Taylor Garner, Crystal Hernandez, Lisa Mares ESTABLISHING A CONDITIONAL DRIVER PERMIT IN TEXAS 24 Scholar: St. Mary's Law Review on Race and Social Justice 385 (2023) Introduction. 386 I. Part One: Responding to the Needs of the State's Population. 388 A. Who Benefits from Conditional Driver Permits?. 389 B. Public Safety. 390 C. Specific Texan Population. 392 1. Victims of Natural Disaster. 392 2. Texas Experiencing Homelessness. 403 3. Family Violence Victims. 408 4. Immigrant Families. 412 II. Part Two: State... 2023
Bill Ong Hing Ethics, Morality, and Disruption of U.s. Immigration Laws 63 University of Kansas Law Review 981 (May, 2015) Immigrants and immigrant rights advocates knew we were in trouble when a Ku Klux Klan knight called for shooting unaccompanied children (UACs) arriving at the border and the Obama administration expedited removal proceedings of UACs and children arriving at the border with other family members. Indeed, the Loyal White Knights of the Klan advocate... 2015
Lan Cao ETHNIC ECONOMIES, CULTURAL RESOURCES, AND THE AFRICAN AMERICAN QUESTION 91 University of Cincinnati Law Review 303 (2022) Ethnic economies are complex. Scholars have debated their many facets, starting with basic questions like how and why they are formed to the thornier philosophical issues surrounding their establishment and functioning. At its core, ethnic economies depend on the creation of an in-group, which conversely, means drawing a line that distinguishes... 2022
Felix B. Chang ETHNICALLY SEGMENTED MARKETS: KOREAN-OWNED BLACK HAIR STORES 97 Indiana Law Journal 479 (Winter, 2022) Races often collide in segmented markets where buyers belong to one ethnic group while sellers belong to another. This Article examines one such market: the retail of wigs and hair extensions for African Americans, a multi-billion-dollar market controlled by Korean Americans. Although prior scholarship attributed the success of Korean American... 2022
Anna Welch, Emily Gorrivan ETHNO-NATIONALISM AND ASYLUM LAW 74 Maine Law Review 187 (2022) Abstract Introduction I. The Ethno-Nationalist Roots of the United States Asylum System A. Pre-World War II: The Foundation a. The Chinese Exclusion Era b. National Origin Quotas and the Undesirable Aliens Act B. The Aftermath of World War II a. From 1967 to 1980, the United States Failed its Signatory Obligations b. 1980: Incorporation of the... 2022
Antonios Kouroutakis Eu Action Plan Against Disinformation: Public Authorities, Platforms and the People 53 International Lawyer 277 (2020) Democracy is a technology of governance. The spread of democracy--the so called democratization--took place progressively and in waves. According to Huntington, the first wave started in 1820, the second with the end of World War II, and the third wave in 1974. Remarkably, before the end of World War II, democracy was close to extinction as only... 2020
Rachel Silber Eugenics, Family & Immigration Law in the 1920's 11 Georgetown Immigration Law Journal 859 (Summer, 1997) Enough, Enough! we want no more Of Ye Immigrant from a foreign shore Already is our land o'er run With toiler, beggar, thief and scum. If war and blood we would avoid There must be no delay but of one accord That our lovely shores you shall no longer use As a dumping ground for foreign refuse. Some of the most contentious debates in early twentieth... 1997
Marie-Claire S.F.G. Foblets Europe and its Aliens after Maastricht. The Painful Move to Substantive Harmonization of Member-states' Policies Towards Third-country Nationals 42 American Journal of Comparative Law 783 (Fall 1994) Since the 1980's, immigration from outside Europe has been part of the debate surrounding European construction. The question of immigration to Europe has become politicized and popularized as a problem of non-European immigrants. Immigration from outside Europe, together with racism, have become major political issues in a number of European... 1994
Luz E. Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa EVALUATING LEGAL NEEDS 36 Notre Dame Journal of Law, Ethics & Public Policy 175 (2022) This article is the first to explore legal needs in the Rio Grande Valley of Texas--a region that is predominantly Latinx and has both rural and urban characteristics. There are few legal needs assessments of majority Latinx communities, and none that examine needs in areas that are also U.S. border communities. Access to justice studies often... 2022
Shelly Chandra Patel E-verify: an Exceptionalist System Embedded in the Immigration Reform Battle Between Federal and State Governments 30 Boston College Third World Law Journal 453 (Spring, 2010) Abstract: The immigration debate has proven to be fertile ground for promoting exceptionalist practices, where certain groups of people are isolated from the rest of the population and regarded as a subclass. The federal electronic employment verification system, E-Verify, is a prime example of such a practice. Passed under the Procurement Act, the... 2010
Naomi Barrowclough E-verify: Long-awaited 'Magic Bullet' or Weak Attempt to Substitute Technology for Comprehensive Reform? 62 Rutgers Law Review 791 (Spring 2010) The subject of immigration reform was notably absent from the 2008 presidential campaign. Neither John McCain nor Barack Obama, who incidentally take similar positions on immigration, made immigration a focal point, or even a supporting feature, of their respective platforms. Notwithstanding the lack of attention given to what many term... 2010
Elizabeth Keyes Examining Maryland's Views on Immigrants and Immigration 43 University of Baltimore Law Forum L.F. 1 (Fall 2012) The Baltimore Sun has aptly described Maryland as having a split personality on immigration. Maryland's responses to a broken federal immigration system have diverged both in state-wide politics and in jurisdiction-by-jurisdiction approaches. We see the divergence in Frederick County's embrace of using local law enforcement agencies to enforce... 2012
Alice Ristroph EXCEPTIONALISM EVERYWHERE: A (LEGAL) FIELD GUIDE TO STRUCTURAL INEQUALITY 65 Arizona Law Review 921 (Winter 2023) In the first two decades of the twenty-first century, American legal scholars have discovered exceptionalism everywhere: family law exceptionalism, tax law exceptionalism, bankruptcy exceptionalism, immigration exceptionalism, criminal law exceptionalism, and more. For several of these fields, the charge is that the field is not operating in... 2023
Wendy E. Parmet EXCLUDING NON-CITIZENS FROM THE SOCIAL SAFETY NET 49 Georgia Journal of International and Comparative Law 525 (Summer, 2021) I want to begin by offering many thanks to Professor Weeks, Sarah Quinn, and the students on the Georgia Journal of International and Comparative Law. Thank you for organizing this terrific and timely conference. I am honored to speak to you today and be a part of this formidable panel. In my brief time, I want to discuss how the exclusion of... 2021
Alessandra N. Rosales EXCLUDING 'UNDESIRABLE' IMMIGRANTS: PUBLIC CHARGE AS DISABILITY DISCRIMINATION 119 Michigan Law Review 1613 (May, 2021) Public charge is a ground of inadmissibility based upon the likelihood that a noncitizen will become dependent on government benefits in the future. Once designated as a public charge, a noncitizen is ineligible to be admitted to the United States or to obtain lawful permanent residence. In August 2019, the Trump Administration published a... 2021
David E. Bernstein , Thomas C. Leonard Excluding Unfit Workers: Social Control Versus Social Justice in the Age of Economic Reform 72 Law and Contemporary Problems 177 (Summer 2009) Immigration, working poverty, and the relationship of women to the labor market are vital and contentious issues today, as they were a century ago, when some influential, progressive social scientists blueprinted and began constructing the house of American labor reform. New Deal liberals later expanded the edifice. This article documents that the... 2009
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