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
Darcy M. Pottle Federal Employer Sanctions as Immigration Federalism 16 Michigan Journal of Race and Law 99 (Fall 2010) Introduction. 990 I. IRCA's Employer Sanctions: From Punishment to Decentralization of Power. 105 A. A Brief History of IRCA's Employer Sanctions. 105 B. Employers as Private Immigration Screeners. 112 1. The I-9 Process. 114 2. E-Verify: An Attempt to Salvage Work Authorization Verification. 116 II. Federal Exclusivity in Immigration Enforcement.... 2010
Christopher N. Lasch Federal Immigration Detainers after Arizona V. United States 46 Loyola of Los Angeles Law Review 629 (Winter, 2013) In Arizona v. United States, the Supreme Court held that three of the four challenged provisions to Arizona's Support Our Law Enforcement and Safe Neighborhoods Act were preempted. The Court reached this conclusion by focusing on the federal government's supremacy in immigration enforcement. Ironically, the Court's focus on federal supremacy... 2013
R. George Wright Federal Immigration Law and the Case for Open Entry 27 Loyola of Los Angeles Law Review 1265 (June 1, 1994) The most basic features of United States immigration law generate continuing controversy. Public debate over federal statutory limits on entry into the United States is ongoing and frequently passionate. The practical importance of the subject seems undeniable. The lives or welfare of many people are directly implicated. Many legal and political... 1994
Karla Mari McKanders Federal Preemption and Immigrants' Rights 3 Wake Forest Journal of Law and Policy 333 (June, 2013) Jose Angel Vargas is a lawful permanent resident of the United States living in Phoenix. Vargas, who is Latino and speaks very little English, is a member of the day laborer organization Tonatierra's Centro Macehualli. He has lawfully and peacefully solicited work there and on public street corners. Mr. Vargas would like to continue soliciting work... 2013
Kevin R. Johnson Federalism and the Disappearing Equal Protection Rights of Immigrants 73 Washington and Lee Law Review Online 269 (July 27, 2016) Jenny-Brooke Condon's article The Preempting of Equal Protection for Immigrants? analyzes important issues surrounding the constitutional rights of immigrants. Professor Condon in essence contends that the current legislative, executive, and scholarly focus on the distribution of immigration power between the state and federal governments has... 2016
Hiroshi Motomura Federalism, International Human Rights, and Immigration Exceptionalism 70 University of Colorado Law Review 1361 (Fall 1999) This essay addresses three topics that are connected in subtle but important ways. The first topic--and the one that anchors this essay in the symposium panel on the states and foreign affairs--is immigration federalism. What role should states and localities play in making and implementing law and policy relating to immigration and immigrants? The... 1999
Jessica A. Shoemaker FEE SIMPLE FAILURES: RURAL LANDSCAPES AND RACE 119 Michigan Law Review 1695 (June, 2021) Property law's roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural... 2021
Stewart Chang Feminism in Yellowface 38 Harvard Journal of Law & Gender 235 (Summer 2015) Introduction. 235 I. Starting From the First Page: Historicizing Stereotypes of Asian Prostitutes in Early United States Immigration Policy. 239 II. Tonight I Will Be Miss Saigon . . . I'll Win a G.I. and Be Gone: Marriage Fraud and New Conceptions of Asian Prostitution in Twentieth Century Immigration Policy. 245 III. Confess, Repudiate,... 2015
Cynthia L. Wolken Feminist Legal Theory and Human Trafficking in the United States: Towards a New Framework 6 University of Maryland Law Journal of Race, Religion, Gender and Class 407 (Fall 2006) Human trafficking is modern day slavery. Over the past decade, policy makers in the United States have begun to recognize human trafficking as a distinct act, rather than lumping trafficking into one of its associated acts such as immigration violations, labor law violations, prostitution or other peripheral crimes. In 2000, Congress passed the... 2006
Rachel L. Zacharias FEWER OF WHOM? CLIMATE-BASED POPULATION POLICIES INFRINGE MARGINALIZED PEOPLE'S REPRODUCTIVE AUTONOMY 25 University of Pennsylvania Journal of Law and Social Change 81 (2021) Changes to the earth's climate will create the most severe ecological, economic, and health crisis in modern history. Responding to evidence linking population growth to increased greenhouse gas emissions, some climate scientists have proposed policies to help reduce individuals' and populations' reproduction. This paper urges caution... 2021
Janet H. Vo FIGHTING ANTI-ASIAN HATE: COMMUNITY-BASED SOLUTIONS BEYOND PROSECUTIONS AND THE CYCLE OF VIOLENCE 66 Boston Bar Journal 23 (2022) More than a year after the murder of six female Asian workers at an Atlanta spa, many members of the Asian American community still live in fear of hate-motivated violence. The FBI's 2020 data already reflected a 73 percent increase in hate-motivated crimes against Asian Americans, but after the Atlanta shootings in March 2021, one third of Asian... 2022
Kirk L. Peterson Final Orders of Deportation, Motions to Reopen and Reconsider, and Tolling under the Judicial Review Provisions of the Immigration and Nationality Act 79 Iowa Law Review 439 (January, 1994) Immigration law is as important as ever in the United States, the country built on immigration. During 1992, the United States admitted 810,635 legal immigrants, one of the largest one-year totals this century. In addition, the Immigration and Naturalization Service (INS) estimates that between 200,000 and 300,000 illegal aliens entered the United... 1994
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
Victoria Heather Barbino Finding Refuge: Blockchain Technology as the Solution to the Syrian Refugee Identification Crisis 48 Georgia Journal of International and Comparative Law 523 (Winter, 2020) C1-3Table of Contents I. Identifications and Their Relationship to Rights. 528 II. Immigrant Covering and Understanding Immigrant Rights. 531 B5 A. Conversion. 532 B5 B. Passing. 533 B5 i. Sanctuary Cities. 534 B5 C. Covering. 535 B5 i. Municipal Identifications. 536 III. Syrian Refugees and Documentation. 538 IV. Blockchain Technology. 540 V.... 2020
Steven T. Taylor Firms in Phoenix Bank on Bankruptcy, Litigation as Economic Rebound Creeps along 29 No. 9 Of Counsel Counsel 5 (September, 2010) Arizona's known for its bright sun and warm weather, desert landscape, retirement communities, baseball's spring training, the Grand Canyon, and, recently, for illegal immigration, legal battles, racial profiling, and tourism boycotts--sadly. One thing that may not immediately come to mind when considering the Valley of the Sun is its legal market,... 2010
Anne Weis Fleeing for Their Lives: Domestic Violence Asylum and Matter of A-b- 108 California Law Review 1319 (August, 2020) Introduction. 1319 I. The Gendered Nature of Domestic Violence. 1322 II. Violence Against Women in the Northern Triangle. 1325 III. Domestic Violence as a Basis for Asylum in the United States. 1330 A. Asylum Law in the United States. 1330 B. The Development of Domestic Violence Asylum Claims Before Matter of A-R-C-G-. 1332 C. Official Recognition... 2020
Jayesh Rathod FLEEING THE LAND OF THE FREE 123 Columbia Law Review 183 (January, 2023) This Essay is the first scholarly intervention, from any discipline, to examine the number and nature of asylum claims made by U.S. citizens, and to explore the broader implications of this phenomenon. While the United States continues to be a preeminent destination for persons seeking humanitarian protection, U.S. citizens have fled the country in... 2023
Emily Lamm Flexibly Fluid & Immutably Innate: Perception, Identity, and the Role of Choice in Race 26 William and Mary Journal of Race, Gender, and Social Justice 525 (Spring, 2020) Introduction I. The Construction and Reconstruction of Race A. Race & Rhetoric: Justifications for Slavery and American Imperialism B. Dominance Through Division: The Racial Hierarchy's Ultimate Illusion C. Ensnared Elevation: The Plight of Races Deemed Superior II. In Search of Clarity: Deconstructing Race in the Courtroom A. Endorsing Racism B.... 2020
Michael R. Curran Flickering Lamp Beside the Golden Door: Immigration, the Constitution, & Undocumented Aliens in the 1990s 30 Case Western Reserve Journal of International Law 57 (Winter 1998) C1-3Table of Contents I. INTRODUCTION: AMERICA APPROACHES THE 21ST CENTURY. 58 II. THE UNDOCUMENTED ALIEN DEBATE: WHY THEY COME AND THE BURDEN ON SOCIETY'. 61 A. Labels: Aliens, Immigrants, Natives, Nationals, and Citizens. 62 B. Why They Come and the Debate About Burdens. 68 III. HISTORICAL AND LEGAL SKETCH OF THE RIGHTS OF AUTHORIZED AND... 1998
  Focus on the Proposed Washington Privacy Act 25 Cyberspace Lawyer NL 5 (4/1/2020) Senate Bill 6281, the Washington Privacy Act (the Act) passed the Washington State Senate on February 14, 2020. A House committee approved an amended version of the Senate bill on March 2, 2020, which now moves to the House floor. This post provides a deep-dive on what the two versions of the bill would do, if finally enacted. Without... 2020
Rachel E. Morse Following Lozano V. Hazleton: Keep States and Cities out of the Immigration Business 28 Boston College Third World Law Journal 513 (Spring, 2008) IMMIGRANTS: YOUR COUNTRY NEEDS THEM. By Philippe Legrain. United States: Princeton University Press. 2007. Pp. 333. Abstract: In Immigrants: Your Country Needs Them, Phillipe Legrain makes an economic argument for open borders. While he describes an ideal, the reality is that the United States will not implement an open border policy anytime soon.... 2008
Amelia Wilson FORCE MULTIPLIER: AN INTERSECTIONAL EXAMINATION OF ONE IMMIGRANT WOMAN'S JOURNEY THROUGH MULTIPLE SYSTEMS OF OPPRESSION 38 Berkeley Journal of Gender, Law & Justice 1 (2023) The immigrants' rights movement can assume an intersectional and cooperative approach to dismantling co-constitutive systems of oppression that conspire to punish, exclude, and exploit disfavored groups. Racial justice must be at the center of the movement, but so too must we understand the devastating role that gender, disability, and... 2023
Keith Cunningham-Parmeter Forced Federalism: States as Laboratories of Immigration Reform 62 Hastings Law Journal 1673 (July, 2011) Ever since Justice Louis Brandeis characterized states as laboratories of democracy, judges and scholars have championed the ability of states to offer a diverse array of solutions to complex national problems. Today, proponents of enhanced immigration restrictions apply the same rationale to state immigration laws. This Article challenges the... 2011
Robbie J. Totten, PhD Foreign Policy Interpretive Lenses and State Migration Law: Realism, Isolationism and Liberalism Thought, and U.s. Immigration Policy 24 U.C. Davis Journal of International Law and Policy 135 (Spring, 2018) This interdisciplinary article argues that Foreign Policy (FP) interpretive lenses (IL's)--heuristics oft used in International Studies disciplines to examine statecraft--are a useful and underappreciated tool for comparative state migration policy and legal analysis. IL's have value as conceptual tools for scholars in examining state migration law... 2018
Mary Bosworth , Emma Kaufman Foreigners in a Carceral Age: Immigration and Imprisonment in the United States 22 Stanford Law and Policy Review 429 (2011) ' More than a decade ago, Jonathan Simon warned of an expanding interest in locking up refugees. According to Simon, asylum seekers were to provide a new population for mass incarceration. The border was to become the new criminal justice frontier. In 2010, Simon's view appears to have been borne out, though perhaps not entirely as he predicted.... 2011
Hon. M. Margaret McKeown, United States Court of Appeals for the Ninth Circuit, Chair, ABA Commission on the Nineteenth Amendment, Georgetown University Law Center (Juris Doctor 1975; Honorary Doctorate 2005) Foreword 19th Georgetown Law Journal L.J. 1 (June, 2020) In celebration of the centennial of the Nineteenth Amendment, it is my pleasure to introduce a special issue of The Georgetown Law Journal. This issue brings together a series of articles that examines the legacy of the Nineteenth Amendment and the ongoing push for equality. The American Bar Association formed the Commission on the Nineteenth... 2020
Sudha Setty Foreword 42 Western New England Law Review 333 (2020) As dean of Western New England University School of Law, I thank the editors and staff of Volume 42 of the Western New England Law Review for inviting me to contribute the foreword to this symposium issue on woman suffrage and the broader contextual conversations about gender and politics, as well as the trajectory of social justice movements more... 2020
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
The Editors Foreword 2 Law & Ethics of Human Rights Rts. 1 (January, 2008) This year's issue is based on the articles presented at the Academic Center of Law & Business second international human rights conference on the subject of Demography and Human Rights. The conference examined the role of demographic considerations in internal public policy and immigration policy raising challenging questions such as can a state... 2008
Ralph C. Carmona Foreword 10 La Raza Law Journal 601 (Fall, 1998) The issue of affirmative action represents an attempt to accommodate the diversity that is fundamental to the nature of this nation. In a world plagued by ethnic conflict, this most diverse nation has avoided what The Economist characterizes as the virus of (ethnic) tribalism. America, as a nation of immigrants and native Americans, has avoided... 1998
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