Mason Leal Trump Card: What the End of Deferred Action for Childhood Arrivals Means for Texas and its Administrative Agencies 20 Texas Tech Administrative Law Journal 123 (Spring, 2019) I. Introduction. 123 II. The History of DACA. 126 A. How DACA Began. 126 B. How DACA Works. 128 C. Texas's Position: Anti-Immigrant Litigation and Legislation. 130 III. The Trump Administration's Flawed Rationale for Rescinding DACA. 134 IV. How the End of DACA Could Affect Texas and Its Administrative Agencies. 137 A. Economic Impact. 138 B.... 2019
Caroline Holliday U.s. Citizens Detained and Deported? A Test of the Great Writ's Reach in Protecting Due Process Rights in Removal Proceedings 60 Boston College Law Review E-Supplement II.-217 (April 1, 2019) Abstract: Every year, the U.S. government unlawfully detains a significant number of U.S. citizens and places them in immigration removal proceedings. Before the United States Court of Appeals for the Tenth Circuit's 2018 decision in Gonzalez-Alarcon v. Macias, four circuits had held that an individual in removal proceedings with a valid claim to... 2019
Emily Ryo Understanding Immigration Detention: Causes, Conditions, and Consequences 15 Annual Review of Law and Social Science 97 (2019) immigration detention, immigration enforcement, civil confinement, criminal incarceration During the summer of 2018, the US government detained thousands of migrant parents and their separated children pursuant to its zero-tolerance policy at the United States-Mexico border. The ensuing media storm generated unprecedented public awareness about... 2019
Monika Batra Kashyap Unsettling Immigration Laws: Settler Colonialism and the U.s. Immigration Legal System 46 Fordham Urban Law Journal 548 (June, 2019) This Article flows from the premise that the United States is a present-day settler colonial society whose laws and policies function to support an ongoing structure of invasion called settler colonialism, which operates through the processes of Indigenous elimination and the subordination of racialized outsiders. At a time when U.S. immigration... 2019
Catherine Powell We the People: These United Divided States 40 Cardozo Law Review 2685 (August, 2019) C1-2Table of Contents Introduction. 2687 I. Adapting Ely's Notion of Correcting Political Market Failure. 2697 A. Immigrants' Rights: The Problem of Minority Underrepresentation. 2698 B. Climate Policy: The Problem of Regulatory Capture by Influential Economic Minorities. 2703 C. Immigration and Climate Policies: Informational Asymmetries and... 2019
Kelly McGee What's So Exceptional about Immigration and Family Law Exceptionalism? An Analysis of Canonical Family and Immigration Law as Reflective of American Nationalism 20 Georgetown Journal of Gender and the Law 699 (Symposium, 2019) Introduction 699 I. Immigration and Family Law Canon Intersect 701 II. Survived and Punished: A Corrective Lens 701 III. Immigration Law Exceptionalism 702 A. Family Unity Narratives 704 B. A Blurred Line: Family and Immigration Law 706 IV. Family Law Exceptionalism 707 A. The Failed Promise Of Parental Rights: Family Law Exceptionalism and the... 2019
Sarah Lamdan When Westlaw Fuels Ice Surveillance: Legal Ethics in the Era of Big Data Policing 43 New York University Review of Law and Social Change 255 (2019) Legal research companies are selling surveillance data and services to U.S. Immigration and Customs Enforcement (ICE) and other law enforcement agencies. This Article discusses ethical issues that arise when lawyers buy and use legal research services sold by the same vendors responsible for building ICE's surveillance systems. As the legal... 2019
Jayashri Srikantiah, Shirin Sinnar White Nationalism as Immigration Policy 71 Stanford Law Review Online 197 (March, 2019) Two years into the Trump presidency, white nationalism may be driving the Administration's immigration policy. We view white nationalism as the belief that national identity should be built around white ethnicity, and that white people should therefore maintain both a demographic majority and dominance of the nation's culture and public life. We... 2019
Alina Das Administrative Constitutionalism in Immigration Law 98 Boston University Law Review 485 (March, 2018) Introduction. 486 I. Constitutional Enforcement in Immigration Law: Limitations on Judicial Intervention. 494 II. The Executive's Role in the Enforcement of Constitutional Norms in Immigration Law. 502 A. Immigration Adjudication. 504 1. Constitutional Challenges in Substantive Immigration Law. 506 2. Constitutional Avoidance in Statutory... 2018
Megan K. Bradley Assessing the "Proper Judicial Role" in Reviewing Immigrant Detention 27 Journal of Transnational Law & Policy 137 (2017-2018) I. Introduction. 138 II. Justice Kennedy's view on the Proper Role of the Court in Immigrant Detention. 141 A. A Robust Plenary Power in Immigration. 142 B. Limiting the Plenary Power Doctrine. 144 C. Institutional Shortcomings that Prevent the Judiciary from Answering Immigration Questions. 148 D. Rebutting the Institutional Shortcomings Argument.... 2018
Peter Margulies Bans, Borders, and Sovereignty: Judicial Review of Immigration Law in the Trump Administration 2018 Michigan State Law Review Rev. 1 (2018) C1-2Table of Contents Introduction. 2 I. Stewardship, Governance, and the Challenge Of Immigration Law. 13 A. The Framers' Stewardship. 14 B. The Supreme Court Takes a Turn. 15 1. Stewardship and Levels of Review. 17 2. Conflicts and Contradictions in the Current Paradigm. 22 II. Shared Stewardship and Judicial Review of Immigration Measures. 25 A.... 2018
Rachel E. Rosenbloom Beyond Severity: a New View of Crimmigration 22 Lewis & Clark Law Review 663 (2018) While the Trump Administration's harsh crackdown on immigrants builds on an enforcement infrastructure inherited from previous administrations, this Article cautions against characterizing it as merely an escalation of crimmigration--the merging of criminal and immigration law evident in recent decades. I argue instead that key contrasts between... 2018
Stephen Manning , Juliet Stumpf Big Immigration Law 52 U.C. Davis Law Review 407 (November, 2018) The forays of the Trump administration into uncharted waters of immigration restriction have highlighted a trend that pre-dates the 2016 election: the unchecked growth of immigration governance strategies that rely on large-scale restrictions of liberty in the form of mass detention and deportation. These mushrooming immigration policing... 2018
Brooke Rogers Cazorla V. Koch Foods of Mississippi, Llc: Where Discovery Issues Meet Current Immigration Policy 50 Loyola University Chicago Law Journal 459 (Winter 2018) In 2016, the Fifth Circuit addressed whether a district court's finding that Rule 26 of the Federal Rules of Civil Procedure allowed discovery of U-visa information from individual plaintiffs. The court declined to impose an order of its own. Instead, it remanded the case to the district court to devise an approach to U-visa discovery that... 2018
Toni M. Massaro, Shefali Milczarek-Desai Constitutional Cities: Sanctuary Jurisdictions, Local Voice, and Individual Liberty 50 Columbia Human Rights Law Review Rev. 1 (Fall, 2018) The United States is deeply divided on matters that range from immigration to religion to fracking. Blue states resist red federal policies, and intrastate disputes pit state legislatures against recalcitrant local governments. One of these intergovernmental policy flare-ups involves so-called sanctuary jurisdictions--government actors that... 2018
Jayesh Rathod Criminalization and the Politics of Migration in Brazil 16 Ohio State Journal of Criminal Law 147 (Fall, 2018) In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country's military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection... 2018
Geoffrey Heeren Crimmigration in Gangland: Race, Crime, and Removal During the Prohibition Era 16 Ohio State Journal of Criminal Law 65 (Fall, 2018) In 1926, local law enforcement and federal immigration authorities in Chicago pursued a deportation drive ostensibly directed at gang members. However, the operation largely took the form of indiscriminate raids on immigrant neighborhoods of the city. Crimmigration in Gangland describes the largely forgotten 1926 deportation drive in Chicago as a... 2018
Carrie L. Rosenbaum Crimmigration--structural Tools of Settler Colonialism 16 Ohio State Journal of Criminal Law L. 9 (Fall, 2018) The systems of immigration and criminal law come together in many important ways, one of which being their role in instilling difference and undermining inclusion and integration. In this article, I will begin a discussion examining the concept of integration, simplistically described as inclusion into American life, not in the more traversed... 2018
Peter Margulies Deconstructing "Sanctuary Cities": the Legality of Federal Grant Conditions That Require State and Local Cooperation on Immigration Enforcement 75 Washington and Lee Law Review 1507 (Summer, 2018) C1-3Table of Contents I. Introduction. 1508 II. Federal Initiatives Promoting Cooperation with Sub-Federal Entities. 1516 A. Anatomy of an Arrest: The Tacit Yet Pervasive Cooperation Built into Basic State and Local Law Enforcement. 1517 B. DHS Immigration Detainers. 1520 C. The 287(g) Program. 1523 D. Other State Efforts. 1524 E. President Trump... 2018
César Cuauhtémoc García Hernández Deconstructing Crimmigration 52 U.C. Davis Law Review 197 (November, 2018) C1-2Table of Contents Introduction. 197 I. Crimmigration Law's Birth. 200 A. Legislative Origins. 200 B. Race, Crime, and Terrorism. 204 C. Seeing Crimmigration Law. 207 D. Crimmigration Doctrine. 210 II. Crimmigration Law's Perniciousness. 213 A. Harms to People. 213 1. Securitization. 214 2. Imprisonment. 219 B. Harms to Institutions. 223 1.... 2018
Felice Batlan Déjà Vu and the Gendered Origins of the Practice of Immigration Law: the Immigrants' Protective League, 1907-40 36 Law and History Review 713 (November, 2018) On Friday January 27, 2017, Donald Trump executed the infamous executive order: banning immigration and even visitors from seven countries. The order affected those with travelers' visas headed to the United States as well as permanent United States residents from seven banned countries attempting to re-enter the United States. By Saturday morning,... 2018
Pooja R. Dadhania Deporting Undesirable Women 9 UC Irvine Law Review 53 (September, 2018) Immigration law has long labeled certain categories of immigrants undesirable. One of the longest-standing of these categories is women who sell sex. Current immigration laws subject sellers of sex to an inconsistent array of harsh immigration penalties, including bars to entry to the United States as well as mandatory detention and removal. A... 2018
Ingrid Eagly , Steven Shafer , Jana Whalley Detaining Families: a Study of Asylum Adjudication in Family Detention 106 California Law Review 785 (June, 2018) The United States currently detains more families seeking asylum than any nation in the world, but little is known about how these families fare in the immigration court process. In this Article, we analyze government data from all immigration court cases initiated between 2001 and 2016 to provide the first empirical analysis of asylum adjudication... 2018
Alex Boon, Ben España, Lindsay Jonasson, Teresa Smith, Juliet P. Stumpf, Stephen W. Manning Divorcing Deportation: the Oregon Trail to Immigrant Inclusion 22 Lewis & Clark Law Review 623 (2018) Immigration policy under the Trump Administration has relied on local officials and local information to fulfill federal policy goals of highvolume deportation. It has embroiled states and localities and inspired impassioned objection from many impacted localities. This intensification of federal deportation has compelled states, towns, and cities... 2018
Kristina M. Campbell Dreamers Deferred: the Broken Promise of Immigration Reform in the Obama Years 25 Texas Hispanic Journal of Law and Policy Pol'y 1 (Fall, 2018) The majority of the people who were packed into the tractor-trailer on July 22, 2017, were Mexican nationals. There were also people from Central America in the sweltering trailer that day, abandoned in a Wal-Mart parking lot in San Antonio, Texas by the driver who was tasked with smuggling them into the United States. Although the migrants were... 2018
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
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
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
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
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