| Author | Title | Citation | Summary | Year |
| 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 |
| 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 |
| Pratheepan Gulasekaram , Rick Su , Rose Cuison Villazor |
Anti-sanctuary and Immigration Localism |
119 Columbia Law Review 837 (April, 2019) |
A new front in the war against sanctuary cities has emerged. Until recently, the fight against sanctuary cities has largely focused on the federal government's efforts to defund states like California and cities like Chicago and New York for resisting federal immigration enforcement. Thus far, localities have mainly prevailed against this federal... |
2019 |
| Amit Jain |
Bureaucrats in Robes: Immigration "Judges" and the Trappings of "Courts" |
33 Georgetown Immigration Law Journal 261 (Winter, 2019) |
As U.S. immigration policy and its human impact gain popular salience, some have questioned whether immigration courts--often the first-line adjudicators of deportation--are courts at all in the American adversarial legal tradition. This Article aims to answer this question through a focus on the role of the immigration judge (IJ). Informed by... |
2019 |
| Shani M. King |
Child Migrants and America's Evolving Immigration Mission |
32 Harvard Human Rights Journal 59 (Spring, 2019) |
This Article explores the many challenges--legal and otherwise--that child migrants face as they attempt to navigate the complex web of courts, laws, and shifting political landscapes to become naturalized United States citizens, while putting these challenges in the context of an immigration system that has long been shaped by politics of... |
2019 |
| Sarah L. Hamilton-Jiang |
Children of a Lesser God: Reconceptualizing Race in Immigration Law |
15 Northwestern Journal of Law & Social Policy 38 (Fall, 2019) |
The increased public exposure to the experiences of Latinx unaccompanied children seeking entry at the United States southern border has revealed the lived reality of the nation's pernicious immigration laws. The harrowing experiences of unaccompanied children are amplified by their interaction with a legal system plagued by a legacy of systemic... |
2019 |
| Allan Colbern, Melanie Amoroso-Pohl, Courtney Gutiérrez |
Contextualizing Sanctuary Policy Development in the United States: Conceptual and Constitutional Underpinnings, 1979 to 2018 |
46 Fordham Urban Law Journal 489 (June, 2019) |
Introduction. 490 I. Approaches to Understanding Sanctuary. 495 A. Typological-Legal Approach. 496 B. Historical-Legal Approach. 502 C. Historical-Moral Approach. 507 D. Policy-Data Approach. 509 II. Sanctuary Policy Development. 511 A. Period 1: 1979-1995 Sanctuary from Immigration Law. 515 1. Church Sanctuary Movement. 517 2. Moral Activism... |
2019 |
| Shirley Lung |
Criminalizing Work and Non-work: the Disciplining of Immigrant and African American Workers |
14 University of Massachusetts Law Review 290 (Spring, 2019) |
The realities of low-wage work in the United States challenge our basic notions of freedom and equality. Many low-wage workers share the condition of being stuck in jobs toiling excessive hours against their will for less than poverty wages in autocratic workplaces. Yet the racial politics of immigration and labor are often used to stir hostility... |
2019 |
| Rottem Rosenberg Rubins |
Crimmigration as Population Management in the "Control Society": Lessons from the Detention of Asylum-seekers in Israel |
22 New Criminal Law Review 236 (Summer, 2019) |
Scholars have offered various accounts of the forces that have caused the contemporary convergence of immigration enforcement and criminal law enforcement, known as crimmigration. This article argues that such accounts are insufficient, either because they have difficulty explaining the concrete practices by which crimmigration regimes operate,... |
2019 |
| Josué López |
Crt and Immigration: Settler Colonialism, Foreign Indigeneity, and the Education of Racial Perception |
19 University of Maryland Law Journal of Race, Religion, Gender and Class 134 (Spring, 2019) |
A wall will not end immigration, and neither will immigration laws and policies. Rather, these policies and practices serve to dehumanize immigrants and position them in precarious legal positions where their personhood is constantly called into question. Analyses of immigration from Latin America do not usually focus on Indigenous peoples. When... |
2019 |
| Hon. George F. Phelan , Donald G. Tye , Tannaz N. Saponaro , Eva A. Millona |
Culture and the Immigrant Experience: Navigating Family Courts |
32 Journal of the American Academy of Matrimonial Lawyers 89 (2019) |
This article explores the impact of the immigrant experience in America and the challenges faced not only by immigrants in their new land but also their imported memories and experiences, including dominance and oppression in their national culture. These trauma-based experiences, including domestic abuse, are depicted through the perspectives of... |
2019 |
| 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 |
| 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 |
| 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 |
| Gregory Taylor |
Dillon's Rule: a Check on Sheriffs' Authority to Enter 287(g) Agreements |
68 American University Law Review 1053 (February, 2019) |
Authority to enforce federal immigration policy in the United States is a power traditionally left exclusively to federal government agents. However, § 287(g) of the Immigration and Nationality Act provides a legal framework for state and local law enforcement to carry out federal immigration policy by entering a written agreement with the federal... |
2019 |
| Mari Matsuda |
Dissent in a Crowded Theater |
72 SMU Law Review 441 (Summer, 2019) |
C1-3TABLE OF CONTENTS I. INTRODUCTION: DEFINING IMMINENT THREAT. 441 II. THE KKK AND THE BURNING CROSS: HATE SPEECH IN CONTEXT. 443 III. CONCLUSION: EQUALITY CONSTRUCTS LIBERTY. 454 |
2019 |
| 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 |
| Fatma E. Marouf |
Executive Overreaching in Immigration Adjudication |
93 Tulane Law Review 707 (April, 2019) |
While Presidents have broad powers over immigration, they have traditionally shown restraint when it comes to influencing the adjudication of individual cases. The Trump Administration, however, has pushed past such conventional constraints. This Article examines executive overreaching in immigration adjudication by analyzing three types of... |
2019 |
| Stephen Lee |
Family Separation as Slow Death |
119 Columbia Law Review 2319 (December, 2019) |
During the Trump Administration, disturbing images of immigration officials forcibly separating parents from their children at the U.S.-Mexico border have rightly invited an onslaught of criticism. Voices across the political spectrum have called these actions immoral and insisted that this is not who we are. The underlying moral imperative of this... |
2019 |
| Shayak Sarkar |
Financial Immigration Federalism |
107 Georgetown Law Journal 1561 (August, 2019) |
Federal preemption doctrine constrains state power over undocumented immigrants. As courts and commentators focus on disputes over policing and removal, led by sanctuary cities and states, they overlook what I call financial immigration federalism. This Article uncovers emerging forms of financial immigration federalism while also reconsidering... |
2019 |
| Craig Estlinbaum |
Foreword |
60 South Texas Law Review 219 (2019) |
South Texas Law Review's 25th Annual Ethics Symposium in Criminal Law arrives at a critically important time. Criminal law reform has become a major discussion point around the state and nation in recent years. The discussions frequently focus on issues such as wrongful convictions, over-incarceration, racial disparities, immigration matters and... |
2019 |
| Penelope Andrews, New York Law School |
From Prohibited Immigrants to Citizens: the Origins of Citizenship and Nationality in South Africa. By Jonathan Klaaren. Cape Town: Uct Press, 2017 |
53 Law and Society Review 616 (June, 2019) |
Jonathan Klaaren has written an important study of the historic formation of South African citizenship against the backdrop of its admirable 1996 Constitution and Bill of Rights, its embrace of dignity and equality as founding principles, and especially the commitment in the Preamble: We, the people of South Africa . believe that South Africa... |
2019 |
| Amy Seilliere |
How Voluntary Abandonment of Permanent Resident Status and Coercion Don't Mix |
51 University of the Pacific Law Review 155 (2019) |
C1-2Table of Contents I. Introduction. 156 II. Background Of Immigration Issues and Form I-407. 158 A. Presumption of Abandonment of Permanent Resident Status Upon Leaving United States for a Long Period of Time. 159 B. Purpose and Advantages of Form I-407. 160 C. Internal Agency Documents and Manuals Regarding Form I-407. 161 III. How Do We Know... |
2019 |
| Lauren D. Allen |
Illegal Encouragement: the Federal Statute That Makes it Illegal to "Encourage" Immigrants to Come to the United States and Why it Is Unconstitutionally Overbroad |
60 Boston College Law Review 1205 (April, 2019) |
Abstract: Section 1324(a)(1)(A)(iv) of Title 8 of the United States Code makes it illegal to encourage an alien to come to or reside in the United States. Since that section's 1986 amendment, the circuits have struggled to adopt a consistent definition for encourage. Though some circuits have adopted a broad definition, the Third Circuit has... |
2019 |
| Vanessa Canuto |
Immigrants Are "People" Too: Constitutionalizing Free Speech Protections for Undocumented Immigrants |
17 First Amendment Law Review 403 (Spring, 2019) |
Imagine being a child trapped in a warehouse without your parents, no one to comfort you, and no knowledge of where your family is. Some children are forced to endure this at a young age, but most people cannot fathom the thought. This unfortunate reality is what the U.S. Border Patrol has been ordered to do to hundreds of children who are... |
2019 |
| Judge Rosemary Barkett |
Immigrants, Refugees and Women: International Obligations and the United States |
33 Emory International Law Review 493 (2019) |
PROFESSOR ABDULLAHI AN-NA'IM: Hello. My name is Abdullahi An-Na'im. I teach here at Emory Law School. I am responsible for a center called Center for International and Comparative Law. It is set in the [indiscernible] place in the corner where nobody seems to go. But please, we are delighted that you are here. This is really the highlight of our... |
2019 |
| Karla McKanders |
Immigration and Blackness |
44 Human Rights 20 (2019) |
Ms. L and her daughter S.S. entered the United States to apply for asylum in November 2017. The Catholic Church helped them flee persecution from their home country. They traveled through 10 countries over four months and requested asylum when they legally presented themselves at a port of entry near San Diego. Ms. L entered California along with... |
2019 |
| Kate Evans |
Immigration Detainers, Local Discretion, and State Law's Historical Constraints |
84 Brooklyn Law Review 1085 (Summer, 2019) |
The Trump administration assumed office armed with promises to eradicate unlawful immigration through an all-out assault. There would be no exceptions; everyone was a priority. The administration equated migrants with criminals in statement after statement. President Obama's [f]elons not families became a rallying cry for the Trump administration... |
2019 |
| Veena Bansal |
Immigration Status in Jury Trials: State Legislature & State Supreme Court Involvement in Combatting Jury Bias |
56 American Criminal Law Review Online Online 1 (Winter, 2019) |
In 2018, immigration was a controversial issue. On July 18, 2018 Mollie Tibbetts, a 20-year old student, was abducted while jogging through the rural town of Brooklyn, Iowa. She disappeared without a trace and her story took the news by storm. Over a month later, police arrested alleged undocumented immigrant, Cristian Rivera, for Mollie's murder.... |
2019 |