Rebecca A. Delfino The Equal Protection Doctrine in the Age of Trump: the Example of Undocumented Immigrant Children 84 Brooklyn Law Review 73 (Fall, 2018) Nearly a century ago, Supreme Court Justice Oliver Wendell Holmes, Jr. described an equal protection claim as the usual last resort of constitutional arguments. Not anymore. In the last forty years, the equal protection doctrine has become the Court's chief instrument for invalidating . laws. Now dawns a new era--the age of Trump--when the... 2018
Matthew J. Lindsay The Perpetual "Invasion": past as Prologue in Constitutional Immigration Law 23 Roger Williams University Law Review 369 (Spring, 2018) Donald Trump ascended to the presidency largely on the promise to protect the American people--their physical and financial security, their culture and language, even the integrity of their electoral system--against an invading foreign menace. Only extraordinary defensive measures, including extreme vetting of would-be immigrants, a ban on... 2018
Deborah M. Weissman , Jacqueline Hagan , Ricardo Martinez Schuldt , Alyssa Peavey The Politics of Immigrant Rights: Between Political Geography and Transnational Interventions 2018 Michigan State Law Review 117 (2018) Introduction. 118 I. Exacerbating Obstacles or Enhancing Opportunities: Devolution and Locality. 124 A. Devolution and Its Forms. 125 1. Federal Laws Authorizing Local Immigration Enforcement. 126 2. State Papers, Please Statutes. 129 3. Alienage Laws. 131 4. Political Geography Matters. 132 II. The Mexican Consular Network and the Department of... 2018
Linus Chan The Promise and Failure of Silence as a Shield Against Immigration Enforcement 52 Valparaiso University Law Review 289 (Winter, 2018) In 1989 an Immigration Judge ruled that a respondent in deportation proceedings, a man by the name of Mr. Guevara, was not a United States citizen and therefore could be deported from the United States. Ruling that a person was not a United States citizen was a prerequisite under both federal regulations and Supreme Court precedent in order for... 2018
Thomas Carnes, United States Military Academy, The Right to Exclude Immigrants Does Not Imply the Right to Exclude Newcomers by Birth 14 Journal of Ethics & Social Philosophy 28 (October, 2018) Recent arguments defending a state's right to restrict immigration argue from a certain notion of individual rights to a parallel collective state right to restrict immigration. These so-called statist arguments for closed borders have each received their fair share of independent criticism. Recently, however, an interesting generic challenge has... 2018
Laila Hlass The School to Deportation Pipeline 34 Georgia State University Law Review 697 (Spring, 2018) The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has... 2018
Mary Holper The Unreasonable Seizures of Shadow Deportations 86 University of Cincinnati Law Review 923 (2018) President Trump, during his campaign, promised a deportation task force to swiftly deport the eleven million undocumented noncitizens in the United States. Within his first week in office, he issued two Executive Orders calling for stricter immigration enforcement and a stronger border. The Department of Homeland Security (DHS) Memos... 2018
Lorena Espino-Piepp The Violence Against Women Act, Implicit Bias, and Judicial Training 24 Cardozo Journal of Equal Rights & Social Justice 347 (Spring, 2018) C1-2TABLE OF CONTENTS TABLE OF CONTENTS. 347 INTRODUCTION. 348 I. HISTORY OF VAWA, IMMIGRATION LAWS, AND THE FAMILY COURT. 350 A. The Violence Against Women Act. 351 B. Domestic Violence and Latina Immigrant Women. 352 C. Immigration Laws and Domestic Violence. 353 D. VAWA's Response to the Specific Problems Faced by Immigrant Women in Accessing... 2018
Jaya Ramji-Nogales The War on Immigrants: Changing Military Culture 32 Temple International and Comparative Law Journal 87 (Spring, 2018) This Comment responds to two central claims of Rosa Brooks's How Everything Became War and the Military Became Everything, namely that there's nothing solid behind concerns about a vastly expanded military and that the terms military and civilian are human constructs without predetermined meaning. This analysis draws upon immigration law and... 2018
Scott Titshaw Throwing the Baby out with the Patriarchy 33 Berkeley Journal of Gender, Law & Justice 179 (Summer, 2018) Throughout the history of Europe and its former new world colonies, families have been a central unit for defining legal rights and duties, including those related to citizenship and immigration. Less than a century ago, a woman and her children automatically gained or lost citizenship in the U.S. and many other countries upon her marriage to a... 2018
Ariana Sañudo-Kretzmann Under Ice: the 'Bed Quota' and Political Rhetoric in American Immigrant Detention 27 Southern California Review of Law & Social Justice 113 (Spring, 2018) They should call this place the jail of broken dreams. - Nilson Flores, detainee at Stewart Detention Center Detention of a migrant should be a matter of last resort. It should be an exception, not the rule. The thought that someone who is expressing fear of being killed in his home country, that we would put that person in a jail-like setting,... 2018
Christopher N. Lasch , R. Linus Chan , Ingrid V. Eagly , Dina Francesca Haynes , Annie Lai , Elizabeth M. McCormick , Juliet P. Stumpf Understanding "Sanctuary Cities" 59 Boston College Law Review 1703 (May, 2018) L1-2Introduction . L31705 I. The Rise of Crimmigration. 1712 A. President Trump's Promise to End Sanctuary Cities. 1713 B. Crimmigration's Origins. 1719 C. Crimmigration's Enforcement Mechanisms. 1723 1. The Criminal Alien Program. 1724 2. The 287(g) Program. 1725 3. ICE Administrative Warrants. 1728 4. The Secure Communities Program. 1730 5. Other... 2018
Pauline Portillo Undocumented Crime Victims: Unheard, Unnumbered, and Unprotected 20 Scholar: St. Mary's Law Review on Race and Social Justice 345 (2018) I. Introduction. 346 II. Background. 350 A. Mainstream Perceptions of Undocumented Immigrants. 350 B. Are Undocumented Individuals in Our Community Creating More Crime?. 353 III. Crimes Committed Against Immigrants. 354 A. Undocumented Victims Are Especially Vulnerable to Certain Crimes. 354 IV. Underreporting by Immigrant Crime Victims. 360 A.... 2018
Jared A. Goldstein Unfit for the Constitution: Nativism and the Constitution, from the Founding Fathers to Donald Trump 20 University of Pennsylvania Journal of Constitutional Law 489 (February, 2018) The executive order on travel issued by President Donald Trump in January 2017 identified the foreigners who should be barred from entry as those who bear hostile attitudes toward the United States and its founding principles and who do not support the Constitution. As this Article shows, anti-immigrant movements have long used... 2018
Linus Chan Unjust Deserts: How the Modern Immigration System Lacks Moral Credibility 16 Ohio State Journal of Criminal Law 103 (Fall, 2018) On February 26, 2018, the mayor of Oakland decided to give a warning to residents of the North Bay of an impending action by Immigration and Customs Enforcement to find and arrest non-citizens for removal from the United States. Her office posted a statement on Twitter which among other things said, My priority is for the well-being and safety of... 2018
DeLeith Duke Gossett [Take from Us Our] Wretched Refuse": the Deportation of America's Adoptees 85 University of Cincinnati Law Review 33 (March, 2017) Give me your tired, your poor, Your huddled masses, yearning to breathe free, The wretched refuse of your teeming shore, Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door! ~ Emma Lazarus I. Introduction. 33 II. America: Land of Selective Immigration. 36 A. Economic Fears Drive Nativist Attitudes. 37 B. Nativism... 2017
Yvette Lopez-Cooper ¿En Qué Te Puedo Ayudar? When Is a Crime Victim Helpful? Using California's Immigrant Victims of Crime Equity Act (Senate Bill 674) to Define the U Visa's Helpfulness Requirement 53 California Western Law Review 149 (Spring, 2017) C1-2Table of Contents I. Introduction. 150 II. Victims of Trafficking and Violence Protection Act. 157 A. U Nonimmigrant Status Certification Requirement. 158 B. The Immigrant Victims of Crime Equity Act. 161 III. What Does Helpfulness Mean?. 162 IV. The Cultural Context Dilemma. 166 V. A Proposal for the Helpfulness Requirement. 170 A.... 2017
Christopher N. Lasch A Common-law Privilege to Protect State and Local Courts During the Crimmigration Crisis 127 Yale Law Journal Forum 410 (October 24, 2017) abstract. Under the Trump presidency, Immigration and Customs Enforcement (ICE) officers have been making immigration arrests in state and local courthouses. This practice has sparked controversy. Officials around the country, including the highest judges of five states, have asked ICE to stop the arrests. ICE's refusal to do so raises the... 2017
Esther Yoona Cho A Double Bind-"Model Minority" and "Illegal Alien" 24 Asian American Law Journal 123 (2017) Introduction. 124 I. The Social Location of Asian Immigrants in the United States. 124 II. Complex and Nuanced Realities of the Asian Race/Illegality Intersection. 127 A. Invisibility of Undocumented Asian Immigrants: That We Exist.. 127 B. Perceived Advantages of Undocumented Asian Immigrants: They Do Have an Advantage.. 128 C. The Model... 2017
Huyen Pham A Framework for Understanding Subfederal Enforcement of Immigration Laws 13 University of Saint Thomas Law Journal 508 (Fall, 2017) When thirty-two-year-old Kate Steinle was randomly shot during broad daylight on San Francisco's Pier 14, the initial public reaction was one of shock. When the shooter was determined to be an unauthorized immigrant who had been deported five times, and had been recently released by the San Francisco Sheriff's Department despite an extensive... 2017
César Cuauhtémoc García Hernández Abolishing Immigration Prisons 97 Boston University Law Review 245 (January, 2017) Introduction. 246 I. Immigration Imprisonment Today. 251 A. Defining Immigration Imprisonment. 252 B. Pathways into Immigration Imprisonment. 253 C. Lasting Power of Immigration Imprisonment. 257 II. Abolitionist Legacies. 260 A. Defining Abolition. 262 B. Abolition Past and Present. 265 III. Immigration Imprisonment's Moral Foundation. 274 A.... 2017
Bolatito Kolawole African Immigrants, Intersectionality, and the Increasing Need for Visibility in the Current Immigration Debate 7 Columbia Journal of Race and Law 373 (2017) Africans are one of the fastest growing immigrant groups in the United States, yet their presence receives very little attention in public discourse about immigration. In an era where America's immigration policies have grown increasingly insular, African immigrants are particularly at risk of having measures that historically facilitated their... 2017
Margaret Hu Algorithmic Jim Crow 86 Fordham Law Review 633 (November, 2017) This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the separate but equal discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the... 2017
M. Akram Faizer America First: Improving a Recalcitrant Immigration and Refugee Policy 84 Tennessee Law Review 933 (Summer, 2017) Introduction. 934 I. An Argument for Changing the Current Recalcitrant Immigration Policy to Provide Temporary Residency for International Migrants. 936 II. The Migration Crisis and its Causes. 938 III. Rich World Recalcitrance and its Causes. 940 A. U.S. Migration. 941 B. U.K. Migration. 949 C. French Migration. 950 D. Canadian Migration. 951 IV.... 2017
Anita Sinha Arbitrary Detention? The Immigration Detention Bed Quota 12 Duke Journal of Constitutional Law & Public Policy 77 (Spring, 2017) When President Obama took office in 2009, Congress through appropriations linked the U.S. Department of Homeland Security's (DHS) funding to maintaining 33,400 immigration detention beds a day. This provision, what this Article refers to as the bed quota, remains in effect, except now the mandate is 34,000 beds a day. Since 2009, DHS detentions... 2017
Paige Newman Arizona's Anti-immigration Law and the Pervasiveness of Racial Profiling 31 Georgetown Immigration Law Journal 611 (Spring, 2017) Arizona's Senate Bill 1070 (S.B. 1070) was passed in 2010 as an anti-illegal immigration measure and subsequently became known as one of the broadest and strictest laws of its kind at the time it took effect. The law, entitled Support our Law Enforcement and Safe Neighborhoods Act, requires police to determine the immigrant status of someone... 2017
Harvey Gee Asian Americans and the Law: Sharing a Progressive Civil Rights Agenda During Uncertain Times 10 DePaul Journal for Social Justice Just. 1 (Summer, 2017) The November election of Donald J. Trump as the 45 U.S. President heightened ever-growing concerns about a retrenchment of civil rights for Americans, limiting voting rights, invoking tougher criminal penalties, keeping Guantanamo Bay prison open and returning to aggressive interrogation techniques, mass deportations and stricter immigration laws.... 2017
Chris F. Wright , Stephen Clibborn Back Door, Side Door, or Front Door? An Emerging De-facto Low-skilled Immigration Policy in Australia 39 Comparative Labor Law and Policy Journal 165 (Fall, 2017) Official routes of immigration can be conceptualized as small doors that permit entry selectively to certain categories of migrants deemed desirable. These small doors are situated within a much bigger protective wall of immigration control erected to deny entry to many other would-be migrants who fall outside of the selection criteria.... 2017
Frank Sharry Backlash, Big Stakes, and Bad Laws: How the Right Went for Broke and the Left Fought Back in the Fight over the 1996 Immigration Laws 9 Drexel Law Review 269 (Spring, 2017) This Article reflects upon the political contestation that led to the enactment of the Antiterrorism and Effective Death Penalty Act and the Illegal Immigration Reform and Immigrant Responsibility Act, contextualizing the anti-immigration backlash and debates. Further, this Article discusses some of the ways in which immigration advocates sought to... 2017
Muneer I. Ahmad Beyond Earned Citizenship 52 Harvard Civil Rights-Civil Liberties Law Review 257 (Summer, 2017) For more than a decade, a single rubric for legalization of the 11 million undocumented people in the United States has dominated every major proposal for comprehensive immigration reform, and continues to do so today: earned citizenship. Introduced as a rhetorical move intended to distinguish such proposals from amnesty, the earned citizenship... 2017
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