Karla Mari McKanders Immigration to Blue Cities in Red States: the Battleground Between Sanctuary and Exclusion 21 University of Pennsylvania Journal of Constitutional Law 1051 (March, 2019) An ongoing intrastate immigration regulation battle between cities, municipalities, and states with the Trump Administration intervening with litigation and executive orders has dominated the immigration federalism landscape. Some states, cities, and localities have passed sanctuary laws and policies seeking to protect immigrant communities by not... 2019
Shani M. King Immigration, Adoption and Our National Identity 26 Duke Journal of Gender Law & Policy 85 (Spring, 2019) C1-2Table of Contents I. Introduction. 85 II. Intercountry Adoption: A Brief History. 86 A. Sending Countries. 87 B. Receiving Countries. 92 III. Legal Developments. 96 A. From Ad Hoc Response to Official Policy. 99 B. The Hague Convention and Its Implications for U.S. Policy. 100 IV. Conclusion. 106 2019
César García Hernández Incarcerating Migrants 60 South Texas Law Review 435 (2019) I'm going to steer us in a somewhat different direction, at least during the portion of my prepared remarks. I'm happy to talk about other issues about the intersection of criminal immigration law in the questions. But in my prepared remarks, I really want to take our focus out of the narrow and the more technical considerations about statutory... 2019
René Lima-Marín , Danielle C. Jefferis It's Just like Prison: Is a Civil (Nonpunitive) System of Immigration Detention Theoretically Possible? 96 Denver Law Review 955 (Summer, 2019) This Essay questions a fundamental premise on which the U.S. civil immigration detention system is built: Is a civil--that is, nonpunitive--system of immigration detention even possible? The Supreme Court has not questioned this assumption. Most scholars who critique the state of immigration confinement in the United States assume the possibility... 2019
Bernard P. Perlmutter Judges Behaving Badly . Clinics Fighting Back: the Struggle for Special Immigrant Juveniles in State Dependency Courts in the Age of Trump 82 Albany Law Review 1553 (2018-2019) When people talk about refugees, the words used are they, us or them. The moment of realization that we are a part of them, and they are a part of us, is the moment when we can begin to affect change. - Ai Weiwei, Law of the Journey In the first half of 2016, nearly 26,000 unaccompanied children--most of them from Central America--were... 2019
Evan F. McCarthy Justices, Justices, Look Through Your Books, and Make Me a Perfect Match: an Argument for the Realistic Probability Test in Cimt Removal Proceedings 104 Iowa Law Review 2269 (May, 2019) ABSTRACT: The Immigration and Nationality Act provides a mechanism for automatic removal of aliens convicted of crimes involving moral turpitude. The problems resulting from trying to make law based on that phrase led immigration courts to adopt a categorical approach to statutory interpretation, which attempts to guarantee deportation based on... 2019
Wadie E. Said Law Enforcement in the American Security State 2019 Wisconsin Law Review 819 (2019) This Article documents the evolution of the modern American police state and the symbiotic nature of the relationship between government actors across the three sectors of national security, domestic policing, and immigration enforcement. Policies from one area make their way into the other two, with the net result being that the powers of... 2019
Amada Armenta, Department of Urban Planning, University of California, Los Angeles Legal Passing: Navigating Undocumented Life and Local Immigration Law. By Angela S. García. Oakland: University of California Press, 2019 53 Law and Society Review 1390 (December, 2019) Angela S. García's excellent new book, Legal Passing: Navigating Undocumented Life and Local Immigration Law examines how federal, state, and local immigration laws shape the daily lives of undocumented Mexican immigrants. With clear prose and penetrating detail, the book upends popular narratives that depict undocumented immigrants as passively... 2019
Gillian R. Chadwick Legitimating the Transnational Family 42 Harvard Journal of Law & Gender 257 (Summer, 2019) Legitimation represents a widening chasm at the intersection of immigration and family law. Agencies' and courts' persistent misguided reliance on biology as a paramount dispositive factor in determining who qualifies as a family for the purposes of immigration and nationality is increasingly at odds with family law's growing aspiration of a... 2019
Camille J. Mackler Most RelevantA 'Lawyers Caravan' Brings Legal Services to Upstate Immigrant Communities 91-OCT New York State Bar Journal 29 (September/October, 2019) Sitting on the side of a country road, waiting for a young Guatemalan woman to emerge from a small clapboard house so that I could drive her to a local church, was not what I envisioned doing as a lawyer all those years ago in law school. Yet last May there I was, deep in New York's North Country, doing just that. Behind the small house, which was... 2019
David Cook-Martín , David Scott FitzGerald Most RelevantHow Their Laws Affect Our Laws: Mechanisms of Immigration Policy Diffusion in the Americas, 1790-2010 53 Law and Society Review 41 (March, 2019) Why do laws become similar across countries? Is the adoption of similar laws and policies due to factors operating independently within each country? Do countries develop similar rules in response to similar challenges? Or is the similarity of laws and policies due to the interdependent responses that scholars have referred to as processes of... 2019
David Hòa Khoa Nguy<>n Nativism in Immigration: the Racial Politics of Educational Sanctuaries 19 University of Maryland Law Journal of Race, Religion, Gender and Class 102 (Spring, 2019) While comprehensive immigration reform--specifically the DREAM Act -- has yet to be passed and implemented, President Obama's Deferred Action for Childhood Arrivals (DACA) has opened access and opportunities for undocumented students. However, the election of President Donald Trump has sparked contentious political, societal, and litigious debates,... 2019
Garrett L. Hartley No Sanctuary: an Analysis of the Trump Administration's War on Sanctuary Jurisdictions 49 Cumberland Law Review 355 (2018-2019) The emergence of sanctuary jurisdictions over the past three decades has given rise to new issues of federalism in immigration enforcement. The increasing number of state and local authorities that refuse to comply with federal immigration requirements has created a tension between these jurisdictions and the federal government. This has culminated... 2019
Susan Bibler Coutin 'Otro Mundo Es Posible': Tempering the Power of Immigration Law Through Activism, Advocacy, and Action 67 Buffalo Law Review 653 (May, 2019) Since the late 1970s, when the United States Congress commissioned the Select Commission on Immigration and Refugee Policy to reevaluate immigration law and policy, public debate over immigration to the United States has become increasingly intense and polarized. In recent years, United States President Donald J. Trump has denounced Mexican... 2019
Shalini Bhargava Ray Plenary Power and Animus in Immigration Law 80 Ohio State Law Journal 13 (2019) After a campaign denigrating Muslims as sick people, blaming the children of Muslim Americans for terrorism, and promising to shut down Muslim immigration, and mere days after his inauguration, President Donald J. Trump banned the nationals of seven majority-Muslim countries from entry into the United States. In the litigation that followed,... 2019
Emily Ryo Predicting Danger in Immigration Courts 44 Law and Social Inquiry 227 (February, 2019) Every year, the US government detains thousands of noncitizens in removal proceedings on the basis that they might pose a threat to public safety if released during the pendency of their removal proceedings. Using original audio recording data on immigration bond hearings, this study examines immigration judges' determinations regarding which... 2019
Dan Ordorica Presidential Power and American Fear: a History of Ina § 212(f) 99 Boston University Law Review 1839 (September, 2019) This Note details the legislative history of § 212(f) of the Immigration and Nationality Act of 1952, which empowers the President to unilaterally restrict entry to the United States by any noncitizen. In 2016, President Trump fully embraced this power in implementing a broad travel ban against citizens of eight nations. In order to better... 2019
Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills 'Race, Racism, and American Law': a Seminar from the Indigenous, Black, and Immigrant Legal Perspectives 21 Scholar: St. Mary's Law Review on Race and Social Justice Just. 1 (2019) Introduction. 2 I. Our Approach: Themes, Goals, and Collaboration. 9 A. Common Threads and Themes. 9 B. Self-Disclosure, Objectivity, and Reflective Practice. 12 C. Collaboration. 17 D. Lawyering Skills. 19 II. The Class: Objectives, Schedule, and Assessments. 20 III. How the Class Unfolded: Issues and Related Events. 26 IV. Lessons Learned. 28... 2019
Annie Flanagan Resisting Racialized Immigration Enforcement Through Community Bond Funds 11 Georgetown Journal of Law & Modern Critical Race Perspectives 45 (Spring, 2019) C1-3Table of Contents I. Introduction. 45 II. Immigration Detention. 49 A. Development of the Legal Framework for Immigration Detention. 49 B. The Experience of Immigration Detention. 50 C. Race, Crime, and Enforcement of Immigration Laws. 51 III. The Pretrial Justice Movement. 52 A. Historical Development of the Movement. 53 B. Lessons from... 2019
David Hòa Khoa Nguyen Sanctuary Schools in the P-20 Pipeline: Policies to Consider 368 West's Education Law Reporter 583 (October 3, 2019) President Trump's immigration policies have sparked contentious political, societal, and litigious debates surrounding undocumented immigration and specifically education for undocumented students. In response, many municipalities and college campuses have declared themselves as sanctuaries-adopting policies to refuse to collaborate and cooperate... 2019
Casey L. Chalbeck Separating the Hands: Why Reorganization-oriented Abolitionism Won't Meaningfully Change Ice 34 Georgetown Immigration Law Journal 79 (Fall, 2019) Under this president, who's now letting us do our job and taking the handcuffs off the men and women of the Border Patrol and ICE, arrests are up. - Thomas Homan, Former Immigration and Customs Enforcement Acting Director. Any essential functions carried out by ICE that do not violate fundamental due process and human rights can be executed with... 2019
Huyen Pham , Pham Hoang Van Subfederal Immigration Regulation and the Trump Effect 94 New York University Law Review 125 (April, 2019) The restrictive changes made by the Trump presidency on U.S. immigration policy have been widely reported: the significant increases in both interior and border enforcement, the travel ban prohibiting immigration from majority-Muslim countries, and the decision to terminate the Deferred Action for Childhood Arrivals (DACA) program. Beyond the... 2019
David A. Super The Future of U.s. Immigration Law 53 U.C. Davis Law Review 509 (November, 2019) President Trump has exposed the longstanding inadequacy in the accepted model of immigration law. This model assumes that preferences range linearly from strongly pro-immigrant to strongly anti-immigrant, with centrist business groups holding the balance of power. This linear model ignores fundamental differences among family-based, humanitarian,... 2019
Eisha Jain The Interior Structure of Immigration Enforcement 167 University of Pennsylvania Law Review 1463 (May, 2019) Deportation dominates immigration policy debates, yet it amounts to a fraction of the work the immigration enforcement system does. This Article maps the interior structure of immigration enforcement, and it seeks to show how attention to its structure offers both practical and conceptual payoffs for contemporary enforcement debates. First,... 2019
Tremaine Hemans The Intersection of Race, Bond, and "Crimmigration" in the United States Immigration Detention System 22 University of the District of Columbia Law Review 69 (Spring, 2019) The United States (U.S.) Supreme Court's recent decision in Jennings v. Rodríguez has potentially opened another avenue for people of color to become entangled in the U.S.' predatory immigration system, through the denial of bail hearings. Denial of periodic bond hearings ensures that many detainees in immigration facilities will be held... 2019
Mila Sohoni The Trump Administration and the Law of the Lochner Era 107 Georgetown Law Journal 1323 (May, 2019) During the Lochner era, the Supreme Court shielded liberty of contract and property rights; it privileged private ordering and restrained the reach of government regulation; and it embraced robust conceptions of national sovereignty with respect to immigration and trade. Though Lochner itself remains an anti-canonical case, many of the conceptions... 2019
Rose Cuison Villazor , Kevin R. Johnson The Trump Administration and the War on Immigration Diversity 54 Wake Forest Law Review 575 (Spring, 2019) As candidate and President, Donald Trump has unabashedly expressed his disdain for immigrants of color and demonstrated an unmistakable commitment to restrict their immigration to the United States. Contemptuous words about immigrants translated into concrete policies designed to restrict the number of immigrants entering and remaining in the... 2019
Talia Peleg, Ruben Loyo Transforming Deportation Defense: Lessons Learned from the Nation's First Public Defender Program for Detained Immigrants 22 CUNY Law Review 193 (Winter, 2019) The unprecedented pace of deportations in recent years has led to increased investment, at the local level, in the provision of high volume legal services to immigrants facing deportation. Each investment in greater legal representation of noncitizens offers unique opportunities to raise the bar in a practice area that has been plagued by low... 2019
Pablo Chapablanco Traveling While Hispanic: Border Patrol Immigration Investigatory Stops at Tsa Checkpoints and Hispanic Appearance 104 Cornell Law Review 1401 (July, 2019) Introduction. 1402 I. A Brief History of the United States Border Patrol and Its Impact in the Southern Border. 1407 A. The Early Beginnings of the United States Border Patrol. 1407 B. The United States Border Patrol's Focus on Mexican Immigrants. 1408 C. The United States Border Patrol Today. 1410 II. The Fourth Amendment in Immigration Law... 2019
Ediberto Román, Ernesto Sagás Trump and Caribbean Xenophobia: the United States and the Dominican Republic 46 Rutgers Law Record 103 (2018-2019) The election of Donald Trump unleashed efforts to demonize immigrants, resembling the height of xenophobia in the twentieth century. While his attacks on immigrants, particularly Mexican immigrants, have come with a religious-like zeal, unfortunately, Trump's rhetoric is nothing new in the United States. Quite the opposite, Trump's use of old... 2019
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