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
Chelsea M. Baltes God and the Illegal Alien, United States Immigration Law and a Theology of Politics by Robert W. Heimburger 32 Georgetown Immigration Law Journal 237 (Winter, 2018) Robert W. Heimburger is Associate Chaplain with the Oxford Pastorate, Associate Researcher at the Fundación Universitaria Seminario Bíblico de Colombia, and Editor of IFES Word & World. Heimburger begins his book connecting to the reader on an emotional level with first-hand accounts of individual's unsuccessful attempts to illegally enter the... 2018
César Cuauhtémoc García Hernández Immigrant Defense Funds for Utopians 75 Washington and Lee Law Review 1393 (Summer, 2018) C1-3Table of Contents I. Introduction. 1393 II. Converging Interests. 1396 III. Immigrant Defense Funds. 1400 IV. Playing with Morality. 1405 V. This is Not a Morality Play. 1412 VI. Embracing Utopias. 14200 VII. Conclusion. 1423 2018
Kevin J. Fandl , Nicole Hallett, Christina J. Martin, Sabrina Damast, Amelia Steadman McGowan, Christopher N. Lasch Immigration and Naturalization 52 The Year in Review (ABA) 337 (2018) Our immigration law update for 2017 is particularly practical and controversial, given that it comes on the heels of a number of international crises as well as the inauguration of the Trump Administration, both of which dramatically affect immigration law. We begin with a look at the ongoing refugee crisis from Central America and U.S. actions to... 2018
Jennifer Gordon Immigration as Commerce: a New Look at the Federal Immigration Power and the Constitution 93 Indiana Law Journal 653 (Summer, 2018) Introduction. 654 I. The Evolution and Impact of the Plenary Power Doctrine. 659 II. The Commerce Clause as a Source of the Immigration Power. 671 A. The Lost Source: The Foreign Commerce Clause. 671 B. A New Source: The Interstate Commerce Clause. 681 The Modern Jurisprudence of the Interstate Commerce Clause. 681 III. The Argument for Rooting the... 2018
David S. Rubenstein Immigration Blame 87 Fordham Law Review 125 (October, 2018) This Article provides the first comprehensive study of blame in the U.S. immigration system. Beyond blaming migrants, we blame politicians, bureaucrats, and judges. Meanwhile, these players routinely blame each other, all while trying to avoid being blamed. As modeled here, these dynamics of immigration blame have catalyzing effects on the... 2018
Carrie Rosenbaum Immigration Law's Due Process Deficit and the Persistence of Plenary Power 28 Berkeley La Raza Law Journal 118 (2018) INTRODUCTION. 119 I. Detention of Asylum Seekers. 120 II. Substantive Due Process Rights of Noncitizens. 125 A. Zadvydas v. Davis and Clark v. Martinez. 126 1. Zadvydas v. Davis. 126 2. Clark v. Martinez. 128 B. Rodriguez-Fernandez v. Wilkinson. 129 C. Demore v. Kim. 130 D. Jennings v. Rodriguez. 132 III. R.I.L-R--Substantive Due Process Asylum... 2018
Alina Das Inclusive Immigrant Justice: Racial Animus and the Origins of Crime-based Deportation 52 U.C. Davis Law Review 171 (November, 2018) The merger of immigration and criminal law has transformed both systems, amplifying the flaws in each. In critiquing this merger, most scholarly accounts begin with legislative changes in the 1980s and 1990s that vastly expanded criminal grounds of deportation and eliminated many forms of discretionary relief. As a result of these changes,... 2018
Tom C.W. Lin Incorporating Social Activism 98 Boston University Law Review 1535 (December, 2018) Corporations and their executives are at the forefront of some of the most contentious and important social issues of our time. Through pronouncements, policies, boycotts, sponsorships, lobbying, and fundraising, corporations are actively engaged in issues like immigration reform, gun regulation, racial justice, gender equality, and religious... 2018
Robin Pomerenke Intersectional Resistance: a Case Study on Crimmigration and Lessons for Organizing in the Trump Era 29 Hastings Women's Law Journal 241 (Summer, 2018) Increasingly, the federal government has sought to utilize local law enforcement's proximity to and intimacy with local communities to detain and deport immigrants. The resultant growth of crimmigration--the simultaneous enforcement of immigration law and criminal law--has sparked a large-scale social movement in California over the last ten years.... 2018
Gideon Sapir , Mark Goldfeder Law, Religion, and Immigration: Building Bridges with Express Lanes 32 Emory International Law Review 201 (2018) This Article asks whether it can ever be moral or legal to use certain criteria, including nationality and/or religion, in formulating preferential immigration policies. In order to answer the question, it presents an in-depth look at the controversial right of return, focusing in particular on the example of the Israeli Law of Return. It... 2018
Rebecca Hayes Lawful Permanent Residency: What the United States Citizenship & Immigration Services Giveth, it Can Also Take Away 59 Boston College Law Review E-Supplement 329 (April 11, 2018) Abstract: Millions of foreigners strive to become Lawful Permanent Residents of the United States, but that status is limited to those immigrants who meet certain requirements and comply with extensive procedures. There is ample U.S. case law interpreting what it means to be lawfully admitted for permanent residence. Until the Sixth Circuit's... 2018
Kevin R. Johnson Lessons about the Future of Immigration Law from the Rise and Fall of Daca 52 U.C. Davis Law Review 343 (November, 2018) Observers spanning the political spectrum have characterized the American immigration system as broken. Unfortunately, Congress for many years has been unable to forge agreement on the appropriate set of reforms, including a path for regularizing the legal status of the approximately eleven million undocumented immigrants living in the United... 2018
Ming H. Chen Leveraging Social Science Expertise in Immigration Policymaking 112 Northwestern University Law Review Online 281 (May 17, 2018) Abstract--The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social... 2018
Audrey Cillo Most RelevantA Legislative Home for Immigration Power 80 University of Pittsburgh Law Review 481 (Winter 2018) The immigration problem transcends time, state borders, and even national borders. The problem magnetizes a spectrum of advocates, from rights-based thinkers calling for freedom of movement as an international human right to nativists demanding America First. And as with any charged political topic, there is a power struggle over who controls... 2018
Alyssa Garcia Much Ado about Nothing?: Local Resistance and the Significance of Sanctuary Laws 42 Seattle University Law Review 185 (Fall, 2018) Immigration has become a hot topic of national discourse in recent years. There have been calls on both sides of the aisle for immigration reform policies. As such, this highly publicized political discussion has evoked emotions, opinions, and actions from politicians and constituents alike. President Donald Trump has made his intention to deport... 2018
Emily A. Welch Nafta and Immigration Intertwined: the Impact of the Trump Era on Mexican-u.s. Migration 33 Temple International and Comparative Law Journal 89 (Fall, 2018) Ignoring the nuanced history of U.S.-Mexican relations, the Trump administration has cultivated a nationalist, xenophobic approach to discourse on Mexican immigration. President Trump has propagated this rhetoric amidst renegotiations of the North American Free Trade Agreement, fusing the two previously discrete policy issues of immigration and... 2018
Katherine Brosamle Obscured Boundaries: Dimaya's Expansion of the Void-for-vagueness Doctrine 52 Loyola of Los Angeles Law Review 187 (2018) The United States, despite being dubbed the nation of immigrants, is no stranger to excluding those deemed undesirable by the governing majority. This often-discriminatory intent to exclude manifests in immigration law, which has continually expanded and transformed throughout history. One pertinent development is the emergence of... 2018
Kevin Gardner Prisoners in the Face of Gladiators: Providing a Sword and Shield to Aliens in Removal Proceedings Through Court-appointed Counsel 52 Akron Law Review 1189 (2018) I. Introduction. 1189 II. History of Immigration in the United States. 1192 III. Problems Arising from Lack of Access to Counsel. 1201 IV. Recommendations. 1205 A. Proposal I: Expand on Programs that Have Already Succeeded. 1208 1. New York Immigrant Family Unity Project (NYIFUP), Funded by the Vera Institute of Justice. 1208 2. Incorporating... 2018
Ingrid V. Eagly, School of Law, University of California, Los Angeles Protect, Serve, and Deport: the Rise of Policing as Immigration Enforcement. By Amada Armenta. Oakland: University of California Press, 2017 52 Law and Society Review 1100 (December, 2018) Amada Armenta's new book, Protect, Serve, and Deport: The Rise of Policing as Immigration Enforcement, highlights the role of local law enforcement agencies in channeling Latino immigrants into the deportation regime. Armenta's beautifully chronicled text documents the implementation of an immigration enforcement program known as 287(g) in... 2018
Jayashri Srikantiah Reconsidering Money Bail in Immigration Detention 52 U.C. Davis Law Review 521 (November, 2018) C1-2Table of Contents Introduction. 521 I. A Brief Overview of Immigration Detention. 522 II. Money Bond. 527 III. The Case Against Money Bail. 530 A. Money Bail Is Not Correlated to Reducing Danger or Flight Risk. 531 B. Risk Assessment. 532 C. Alternatives to Detention and Unsecured Bonds. 534 D. Avoiding the Harms of Unnecessary Over-Detention.... 2018
Mariela Olivares Resistance Strategies in the Immigrant Justice Movement 39 Northern Illinois University Law Review Rev. 1 (Fall, 2018) Topics of immigration reform have created deep polarization. To some degree, these political and societal divisions regarding immigrants' place and ability to remain in the United States drove the Republican successes in the 2016 elections and carried Donald Trump to the White House. When political conservatives called for decreased migration and... 2018
Megan McCauley Reversing the Ice Age: Immigration Reform in California 49 University of the Pacific Law Review 481 (2018) Code Sections Affected Government Code §§ 7284-7284.10 (new); Health and Safety Code § 11369 (repealed); Penal Code § 3058.10 (new). SB 54 (De León). C1-2Table of Contents I. Introduction. 482 II. Legal Background. 484 A. Federal Legislation: A Collaborative Approach. 485 1. Unrestricted Information Sharing Between State and Local Law Enforcement... 2018
Jason A. Cade Sanctuaries as Equitable Delegation in an Era of Mass Immigration Enforcement 113 Northwestern University Law Review 433 (2018) Abstract--Opponents of--and sometimes advocates for--sanctuary policies describe them as obstructions to the operation of federal immigration law. This premise is flawed. On the better view, the sanctuary movement comports with, rather than fights against, dominant new themes in federal immigration law. A key theme--emerging both in judicial... 2018
Hailey Cleek Sanctuary Clinics: Using the Patient-physician Relationship to Discuss Immigration Policy as a Public Health Concern 53 Wake Forest Law Review 979 (Winter 2018) [W]e didn't know how they had ended up that way on that side we didn't know how we had ended up here we didn't know but we understood why they walk the opposite direction to buy food on this side this side we all know is hunger -Javier Zamora Tensions between the federal government and local sanctuary cities have risen throughout the Trump... 2018
Cara Cunningham Warren Sanctuary Lost? Exposing the Reality of the "Sanctuary-city" Debate & Liberal States-rights' Litigation 63 Wayne Law Review 155 (Winter, 2018) Abstract. 156 I. Introduction. 156 II. Sharpening Our Focus: The Rhetoric & the Reality of the Sanctuary Debate. 163 A. Contemporary Discourse. 164 1. Powerful Conservative Narratives. 166 2. The Need for a Public Integrationist Narrative. 169 B. Correcting Basic Misperceptions. 171 1. There Are Two Sovereigns. 172 a. Immigration Federalism.... 2018
Azadeh Shahshahani, Amy Pont Sanctuary Policies: Local Resistance in the Face of State Anti-sanctuary Legislation 21 CUNY Law Review 225 (Fall, 2018) This article examines the potential for impactful sanctuary policies in Alabama, Georgia, and South Carolina in light of anti-sanctuary and anti-immigrant state laws implemented in the past decade and in the wake of the 2016 presidential election. The article first reviews changes to immigration law which both increased the number of noncitizens... 2018
Irene Scharf Second Class Citizenship? The Plight of Naturalized Special Immigrant Juveniles 40 Cardozo Law Review 579 (December, 2018) C1-2Table of Contents I. What is United States Citizenship?. 579 A. The Problem. 586 II. Naturalized U.S. Citizenship in Historical Perspective. 589 A. The Constitution and Naturalization. 593 B. Mounting Opposition to Immigration. 597 III. The Impact of Discrimination on Citizenship. 605 A. Discrimination Against Blacks and other Racial... 2018
Monica Chawla Show Me Your Papers: an Equal Protection Violation of the Rights of Latino Men in Trump's America 34 Touro Law Review 1157 (2018) During the final presidential debate on October 19, 2016, Donald Trump said if he is elected president, his immigration plan will include deporting bad hombres who are bringing drugs and crime across the border. Hombres is the Spanish word for men. During the first month of Trump's presidency, Trump called for the hiring of 10,000 more U.S.... 2018
Sarah Rogerson Sovereign Resistance to Federal Immigration Enforcement in State Courthouses 32 Georgetown Immigration Law Journal 275 (Spring, 2018) The federal government has maintained its supremacy over the enactment of immigration laws for over a century. Enforcement of those laws, however, is increasingly a matter of cooperative federalism - or uncooperative, as the case may be. In response to a recent trend of state and local resistance to President Trump's stepped-up enforcement regime,... 2018
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