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
Kait Madsen Execution on the Ballot: Lessons for Judicial Review of Ballot Measures from the Death Penalty Referendum in Nebraska 99 Nebraska Law Review 254 (2020) C1-2TABLE OF CONTENTS I. Introduction. 255 II. Background. 257 A. Current Climate: Increased Voter-Led Ballot Measures. 257 1. Recent Trend Toward Policy Creation Through Voter-Led Ballot Measures. 257 2. Reasons for the Trend: Americans' Heightened Distrust of Government and the Political Process. 258 3. Voter-Led Ballot Measures Are Often... 2020
Jennifer Lee Koh EXECUTIVE DEFIANCE AND THE DEPORTATION STATE 130 Yale Law Journal 948 (February, 2021) A basic assumption in our legal system is that once a federal court issues an order, the government will obey. But the validity of that assumption has been tested over the years, including in the immigration context, and for reasons both related to and separate from the identity of the President. Indeed, understanding the government's... 2021
Angela D. Morrison Executive Estoppel, Equitable Enforcement, and Exploited Immigrant Workers 11 Harvard Law & Policy Review 295 (Spring, 2017) Unauthorized workers in abusive workplaces have found themselves in a tug-of-war between federal agencies that seek to protect the workers under federal workplace laws on the one hand, and federal agencies that seek to prosecute or deport the workers on the other hand. Federal law contains a host of workplace protections designed to prohibit... 2017
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
Tom C.W. Lin Executive Private Misconduct 88 George Washington Law Review 327 (March, 2020) Executives misbehave. In recent years, the world has been outraged and appalled by the shocking misbehavior of corporate executives. Some of their behavior have been plainly unethical; others have been deeply offensive; and still others have been simply criminal. Regardless of the misbehavior, such executive private misconduct--when made... 2020
Stacy Brustin Expanding Our Vision of Legal Services Representation -- the Hermanas Unidas Project 1 American University Journal of Gender & the Law 39 (Spring, 1993) Traditional legal services representation offers minimal promise of empowerment for the marginalized client. As a legal services attorney specializing in domestic relations and domestic violence law, I spend a great deal of time assisting immigrant women through the maze of our legal system. Yet, within the bounds of traditional lawyering, I am... 1993
Victor C. Romero Expanding the Circle of Membership by Reconstructing the "Alien" : Lessons from Social Psychology and the "Promise Enforcement" Cases 32 University of Michigan Journal of Law Reform Reform 1 (Fall 1998) Recent legal scholarship suggests that the Supreme Court's decisions on immigrants' rights favor conceptions of membership over personhood. Federal courts are often reluctant to recognize the personal rights claims of noncitizens because they are not members of the United States. Professor Michael Scaperlanda argues that because the courts have... 1998
Elizabeth Keyes Expansion and Restriction: Competing Pressures on United Kingdom Asylum Policy 18 Georgetown Immigration Law Journal 395 (Winter, 2004) In November 2002, the British Parliament passed new legislation reforming its asylum system. The Nationality, Immigration and Asylum Act of 2002 is only the latest in a series of recent attempts to respond to domestic political pressures created largely by the rising number of asylum-seekers in the United Kingdom. In addition to domestic pressures,... 2004
Erin M. O'Callaghan Expedited Removal and Discrimination in the Asylum Process: the Use of Humanitarian Aid as a Political Tool 43 William and Mary Law Review 1747 (March, 2002) In 1996 Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Through this act, Congress attempted to combat illegal immigration, while revamping the asylum process in the United States. Some of the harshest new measures were instituted under the expedited removal system. This system allows the Immigration and... 2002
Lisa J. Laplante Expedited Removal at U.s. Borders: a World Without a Constitution 25 New York University Review of Law and Social Change 213 (1999) Gregorio Diaz, an American citizen of Mexican descent, is an Illinois resident. On February 18, 1998, Mr. Diaz arrived at O'Hare International Airport, Chicago from a trip abroad. When passing through customs, he was detained by an Immigration and Naturalization Service (INS) inspection officer , at which time he submitted documentation of his... 1999
Laura Macia, University of Pittsburgh Experiences of Discrimination in an Emerging Latina/o Community 39 PoLAR: Political and Legal Anthropology Review 110 (May, 2016) In this article I explore how members of an emerging community of Latina/o immigrants in Pittsburgh, a small but rapidly growing population, understand and respond to discrimination. Both documented and undocumented Latina/o immigrants reported experiencing discrimination and facing challenges in addressing these experiences. However, personal... 2016
Jamie Longazel , Benjamin Fleury-Steiner Exploiting Borders: the Political Economy of Local Backlash Against Undocumented Immigrants 30 Chicana/o-Latina/o Law Review 43 (2011) Once they cross the border . . . They come into cities such as Hazleton. It's like a cancer. - Hazleton Mayor Louis J. Barletta, May 2006 The system is broken, the border is broken. We all know what we need . . . People in Arizona have made it very, very clear. Let's talk about the problem that is at hand. Let's secure the border. - Arizona... 2011
Cristina A. Quiñónez Exposing the American History of Applying Racial Anxieties to Regulate and Devalue Latinx Immigrant Reproductive Rights 54 University of San Francisco Law Review 557 (2020) NATIONALISTS ACT ON RACIAL ANXIETIES to oppress the reproductive rights of Latinx immigrants. The term racial anxieties refers to increased stress levels and emotions that occur when individuals interact with people of other races. Racial anxieties can affect the daily lives of individuals of all races--while some people may be subjected to... 2020
Lindsay Nash Expression by Ordinance: Preemption and Proxy in Local Legislation 25 Georgetown Immigration Law Journal 243 (Winter, 2011) Local laws based on immigration status have prompted heated national debate on federalism and discrimination. A second strain of nuisance-related legislation has emerged in recent years, which often targets these same immigrant communities. This article examines the hitherto-understudied correlation between ordinances explicitly related to... 2011
Kevin K. McCormick Extraordinary Ability and the English Premier League: the Immigration, Adjudication, and Place of Alien Athletes in American and English Society 39 Valparaiso University Law Review 541 (Winter, 2004) Imagine playing the role of general manager for a professional soccer team. As the world's game, professional-caliber soccer players abound. After extensive scouting and preparation, four soccer prospects appear worthwhile to join the squad: a twenty-two-year-old forward who played magnificently at the World Cup, scored two huge goals at the FIFA... 2004
Fatma E. Marouf Extraterritorial Rights in Border Enforcement 77 Washington and Lee Law Review 751 (Spring, 2020) Recent shifts in border enforcement policies raise pressing new questions about the extraterritorial reach of constitutional rights. Policies that keep asylum seekers in Mexico, expand the use of expedited removal, and encourage the cross-border use of force require courts to determine whether noncitizens who are physically outside the United... 2020
John Zens FACE IT: ONLY CONGRESS CAN PRESERVE PRIVACY FROM THE PERVASIVE USE OF FACIAL RECOGNITION TECHNOLOGY BY POLICE 58 San Diego Law Review 143 (February-March, 2021) C1-2Table of Contents I. Introduction. 144 II. How FRT Functions and Law Enforcement's Use of Biometric Identifiers. 152 A. FRT Basics. 152 1. Biometrics. 152 2. How FRT Works. 153 3. FRT Shortcomings & Criticisms. 153 B. Law Enforcement's Compilation of Biometric Data. 158 1. The FBI's Biometric Identification Data and Systems. 158 2. State DMV... 2021
Khaled A. Beydoun Faith in Whiteness: Free Exercise of Religion as Racial Expression 105 Iowa Law Review 1475 (May, 2020) ABSTRACT: Faith in whiteness is the affirmation that religion remains forceful in shaping race and racial division. It is also the observation, born from formative contestations of racial exclusion and today's rising white populism, that central to the American experience is the conditioned belief that whiteness stands at the pinnacle of social... 2020
Fernando Colon-Navarro Familia E Inmigracion: What Happened to Family Unity? 19 Florida Journal of International Law 491 (August, 2007) The Immigration and Naturalization Act (INA), also known as The McCarran-Walter Act of 1952 (Act), states, as its goals, while maintaining an emphasis on nationality, (1) the reunification of families, (2) the protection of the domestic labor force, and (3) the immigration of persons with needed skills. The goal of family reunification has been a... 2007
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
Monique Lee Hawthorne Family Unity in Immigration Law: Broadening the Scope of "Family" 11 Lewis & Clark Law Review 809 (Fall 2007) Throughout history, the U.S. government has claimed to stand by a strong policy of family reunification. After providing a brief overview of U.S. immigration policy and regulation since the 1800s, this Comment examines the existing statutory framework for family reunification. The author argues that legislation passed by the U.S. Senate in late-May... 2007
Albertina Antognini Family Unity Revisited: Divorce, Separation, and Death in Immigration Law 66 South Carolina Law Review Rev. 1 (Autumn, 2014) I. Introduction: Family Unity in Immigration Law. 2 II. The American Family. 9 A. Divorce. 10 B. Separation. 14 C. Death. 18 III. The Families of Immigration law. 20 A. Divorce. 22 1. No-Fault Divorce. 23 2. Fault-Based Divorce. 28 a. Battered Spouse Waiver. 29 b. Violence Against Women Act. 31 B. Separation. 33 1. No-Fault Separation. 33 2.... 2014
Enid Trucios-Haynes Family Values 1990's Style: U.s. Immigration Reform Proposals and the Abandonment of the Family 36 Brandeis Journal of Family Law 241 (Spring 1997-1998) The United States finds itself at a curious crossroads in its foreign and national policy. There is an increasing emphasis on economic integration of world markets and the access to foreign markets required by U.S. corporate interests to maintain growth. At the same time national policy, as reflected in current immigration policy and proposals for... 1998
S. Lisa Washington FAMMIGRATION WEB 103 Boston University Law Review 117 (February, 2023) A growing body of scholarship examines the expansive nature of the criminal legal system. What remains overlooked are other parts of the carceral state with similarly punitive logics and impacts. To begin filling this gap, this Article focuses on the convergence of the family regulation and immigration systems. This Article examines how the... 2023
Kristine Quint FAULT LINES OF IMMIGRATION FEDERALISM: UNITED STATES v. TEXAS AND THE REVERSE-COMMANDEERING OF IMMIGRATION ENFORCEMENT POWER 27 Lewis & Clark Law Review 991 (2023) Federal supremacy over immigration enforcement is a primary tenet of U.S. immigration law. Despite this, states are now routinely, and often successfully, blocking executive immigration policy in federal court. One such case is United States v. Texas, in which the states argue that the Biden administration's enforcement priority guidelines inflict... 2023
Marvin L. Astrada Fear & Loathing in the Present Political Context: the Incubus of Securitizing Immigration 32 Georgetown Immigration Law Journal 169 (Winter, 2018) In dreams begins responsibility. C1-3Table of Contents I. Introduction. 170 II. Order, Security & Law: Effectuating Public Safety. 173 III. Framing & Critically Examining the SLPP Nexus. 177 A. Shaping Immigration via Securitization. 180 B. Security & Law in the SLPP. 183 IV. Disaggregating Security Within the SLPP. 185 A. Security Sectors,... 2018
Stephen H. Legomsky Fear and Loathing in Congress and the Courts: Immigration and Judicial Review 78 Texas Law Review 1615 (June, 2000) Immigration policy and judicial review have always had a kind of oil-and-water relationship. The most famous illustration of this uneasy mix has been the so-called plenary power doctrine, under which the Supreme Court has explicitly accorded Congress unusual deference in matters that affect the admission or expulsion of aliens. This doctrine, which... 2000
Sahar F. Aziz , Khaled A. Beydoun Fear of a Black and Brown Internet: Policing Online Activism 100 Boston University Law Review 1151 (May, 2020) Virtual surveillance is the modern extension of established policing models that tie dissident Muslim advocacy to terror suspicion and Black activism to political subversion. Countering Violent Extremism (CVE) and Black Identity Extremism (BIE) programs that specifically target Muslim and Black populations are shifting from on the ground to... 2020
Kevin R. Johnson Fear of an "Alien Nation": Race, Immigration, and Immigrants 7 Stanford Law and Policy Review 111 (Summer, 1996) At various times in U.S. history, immigrants have served as a lightening rod for society's frustrations. Partisan politics at times have contributed to their vilification. For example, the political strength that immigrants added to the burgeoning Republican Party in the 1790s contributed to the Federalist Congress' passage of the now infamous... 1996
Ernesto Sagás , Ediberto Román FEAR, LOATHING, AND THE HEMISPHERIC CONSEQUENCES OF XENOPHOBIC HATE 29 University of Miami International and Comparative Law Review 1 (Fall, 2021) When you have fifteen thousand people marching up . how do you stop these people? You shoot them [crowd member shouts] [chuckling, Trump responds:] [O]nly in the Panhandle can you get away with that thing. President Donald Trump Thousands of criminal aliens. They're pouring into our country. President Donald Trump They're not people, these... 2021
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22