Ediberto Román , Ernesto Sagás Birthright Citizenship under Attack: How Dominican Nationality Laws May Be the Future of U.s. Exclusion 66 American University Law Review 1383 (August, 2017) Attacks on birthright citizenship periodically emerge in the United States, particularly during presidential election cycles. Indeed, blaming immigrants for the country's woes is a common strategy for conservative politicians, and the campaign leading up to the 2016 presidential election was not an exception. Several of the Republican presidential... 2017
Kristin A. Collins Bureaucracy as the Border: Administrative Law and the Citizen Family 66 Duke Law Journal 1727 (May, 2017) This contribution to the symposium on administrative law and practices of inclusion and exclusion examines the complex role of administrators in the development of family-based citizenship and immigration laws. Official decisions regarding the entry of noncitizens into the United States are often characterized as occurring outside of the normal... 2017
Rebecca Sharpless Cosmopolitan Democracy and the Detention of Immigrant Families 47 New Mexico Law Review 19 (Winter, 2017) July 10, 2014: [O]ur message to [people who unlawfully cross the Mexican border with their children] is simple: We will send you back. We are building additional space to detain [families] and hold them until their expedited removal orders are effectuated. Jeh Johnson, Secretary of the U.S. Department of Homeland Security June 24, 2015: I have... 2017
Annie Lai , Christopher N. Lasch Crimmigration Resistance and the Case of Sanctuary City Defunding 57 Santa Clara Law Review 539 (2017) C1-2Table of Contents Introduction. 540 I. Threats to Defund Sanctuary Cities and Their Origins. 544 A. Four Decades (and Four Waves) of Sanctuary. 546 B. Sanctuary Defunding Becomes a Mainstay of the Trump Campaign. 548 C. Failed Legislative Attempts at Sanctuary Defunding. 550 D. Sanctuary Defunding Pursued as Part of the Federal Budgeting... 2017
Yolanda Vázquez Crimmigration: the Missing Piece of Criminal Justice Reform 51 University of Richmond Law Review 1093 (May, 2017) Our nation is being robbed of men and women who could be workers and taxpayers, could be more actively involved in their children's lives, could be role models, could be community leaders, and right now they're locked up for a nonviolent offense. --President Barack Obama On July 13, 2015, President Barack Obama commuted the sentences of forty-six... 2017
Margaret Hu Crimmigration-counterterrorism 2017 Wisconsin Law Review 955 (2017) The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better understood through the analytical prism of crimmigration-counterterrorism: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced... 2017
Rachel Nadas, Jayesh Rathod Damaged Bodies, Damaged Lives: Immigrant Worker Injuries as Dignity Takings 92 Chicago-Kent Law Review 1155 (2017) In 2012, Alberto, a forty-three-year-old undocumented day laborer of Guatemalan origin, was hired by a contractor in northern Virginia, along with three other workers. As is often the case with day labor hiring, the contractor did not inform Alberto in advance about the type of work he would be doing. When Alberto arrived at the work site--a... 2017
Sirine Shebaya Does the Priority Enforcement Program Solve the Constitutional Problems with Ice Detainers? 13 University of Saint Thomas Law Journal 566 (Fall, 2017) In November 2014, President Obama issued a long-awaited executive action on immigration. The executive action included two critical components: first, a grant of deferred action to qualifying undocumented parents of U.S. citizens and Lawful Permanent Residents and to persons who entered the United States as children; and second, a series of changes... 2017
Leticia M. Saucedo Employment Authorization and Immigration Status: the Janus-faced Immigrant Worker 43 Ohio Northern University Law Review 471 (2017) This Essay explores the distinct identities of immigrant workers. The ancient myth of Janus as the gatekeeper who looks both backward and forward captures the duality of immigrant workers, who are both immigrants and workers. On one hand the immigrant worker has a past that might include an undocumented entry into or overstay in the United States;... 2017
Kelly L. Anderson Enforcing Rights for Immigrants Facing the Ultimate Criminal Penalty: Deportation 80 Albany Law Review 995 (2016-2017) In the United States, the death penalty is considered the ultimate punishment for the commission of a crime. A criminal defendant may be eligible for death if convicted of the most heinous type of crime--usually some form of aggravated first-degree murder. Because death is such a severe punishment, the U.S. Supreme Court has outlined a number of... 2017
Jenny-Brooke Condon Equal Protection Exceptionalism 69 Rutgers University Law Review 563 (Winter, 2017) Equal protection doctrine addressed to immigrants' rights is thoroughly exceptional. It is an amalgam of super-deference, suspect class treatment, and even intermediate scrutiny, depending upon whether immigrants are present in the United States lawfully or not, and whether a state or federal classification is at issue. No other area of equal... 2017
Angela D. Morrison Executive Estoppel, Equitable Enforcement, and Exploited Immigrant Workers 11 Harvard Law & Policy Review 295 (Spring, 2017) Unauthorized workers in abusive workplaces have found themselves in a tug-of-war between federal agencies that seek to protect the workers under federal workplace laws on the one hand, and federal agencies that seek to prosecute or deport the workers on the other hand. Federal law contains a host of workplace protections designed to prohibit... 2017
Katherine Conway Fundamentally Unfair: Databases, Deportation, and the Crimmigrant Gang Member 67 American University Law Review 269 (October, 2017) Provocative language painting immigrants as dangerous criminals and promises of increased immigration enforcement were cornerstones of Donald J. Trump's presidential candidacy. As president, he has maintained this rhetoric and made good on many of his promises by broadening the definition of criminal conduct for immigration enforcement purposes,... 2017
Jennifer C. Critchley , Lisa J. Trembly Historical Review, Current Status and Legal Considerations Regarding Sanctuary Cities 306-JUN New Jersey Lawyer, the Magazine 32 (June, 2017) Historically, sanctuary cities developed in response to the Central American Sanctuary Movement in the 1980s, when immigrants from Central America sought refuge in the United States but were denied asylum. During the movement, churches and religious organizations sought to hide, shelter and feed Central American immigrants who fled their region's... 2017
Stella Burch Elias Immigrant Covering 58 William and Mary Law Review 765 (February, 2017) Over the last ten years there has been a marked shift in U.S. immigration law away from reliance upon statutory authorization and regulatory provisions to subregulatory or liminal rules and discretionary decision-making. This trend is apparent in both federal immigration law and in state and local rulemaking affecting immigrant communities. This... 2017
Andrew Tae-Hyun Kim Immigrant Passing 105 Kentucky Law Journal 95 (2016-2017) The metaphor of America as a melting-pot is as old as this country's founding. In its aspirational reach and inclusive vision, this storied narrative is alluring. This assimilationist norm is deeply woven into our culture and laws. But the demand to assimilate can easily cross the line into unlawful discrimination and exact untold harms on an... 2017
Kevin R. Johnson Immigration and Civil Rights in the Trump Administration: Law and Policy Making by Executive Order 57 Santa Clara Law Review 611 (2017) C1-2Table of Contents Introduction. 612 I. The Obama Administration on Immigration. 616 A. Enforcement: Record Crime-Based Removals. 616 B. Relief for the Undocumented: DACA and DAPA. 625 C. Failed Immigration Reform. 626 II. President Trump: Aggressive Immigration Enforcement by Executive Order. 628 A. The Travel Ban and the Redos. 630 B. The... 2017
Jennifer M. Chacón Immigration and the Bully Pulpit 130 Harvard Law Review Forum 243 (May, 2017) One evening in early February, I sat in a nondescript hall in a local community center in a Southern California city. This city is over seventy-five percent Latino, and a sizable population of unauthorized immigrants live and work alongside U.S. citizens here. In addition to inflicting widespread emotional pain, full enforcement of the nation's... 2017
David S. Rubenstein, Pratheepan Gulasekaram Immigration Exceptionalism 111 Northwestern University Law Review 583 (2017) Abstract--The Supreme Court's jurisprudence is littered with special immigration doctrines that depart from mainstream constitutional norms. This Article reconciles these doctrines of immigration exceptionalism across constitutional dimensions. Historically, courts and commentators have considered whether immigration warrants exceptional... 2017
Virgil Wiebe Immigration Federalism in Minnesota: What Does Sanctuary Mean in Practice? 13 University of Saint Thomas Law Journal 581 (Fall, 2017) Introduction. 582 I. What is Sanctuary?. 583 II. The Home as Sanctuary--The Limits to One's Castle. 585 III. Houses of Worship--The Quintessential Sanctuaries. 588 A. The Sanctuary Movement of the 1980s in Minnesota. 589 B. The New Sanctuary Movement in Minnesota. 591 C. Legal Issues Facing Sanctuary Congregations. 593 IV. Schools, Colleges, and... 2017
Robin Jacobson Immigration in Between 52 Tulsa Law Review 529 (Spring, 2017) Hiroshi Motomura, Immigration Outside the Law (Oxford University Press 2014) Pp. 360. Hardcover $31.95. Natalia Molina, How Race is Made in America: Immigration, Citizenship, and the Historical Power of Racial Scripts (University of California Press 2014) Pp. 232. Hardcover $65.00. Paperback $27.95. Systems of immigration are not simply national... 2017
Matthew Lindauer, Brooklyn College, cuny, Australian National University, Immigration Policy and Identification Across Borders 12 Journal of Ethics & Social Philosophy 280 (December, 2017) Immigration policies can express disrespect for members of society, nonmembers, or both. Proponents of the traditional state sovereignty view on immigration have generally held that only policies in the first and third categories could be moral wrongs--it is morally regrettable, perhaps, but not morally impermissible for a state to implement... 2017
Ilya Somin Immigration, Freedom, and the Constitution 40 Harvard Journal of Law & Public Policy Pol'y 1 (April, 2017) In recent years, many conservatives have come to favor a highly restrictionist approach to immigration policy. But that position is in conflict with their own professed commitment to principles such as free markets, liberty, colorblindness, and enforcing constitutional limits on the power of the federal government. These values ultimately all... 2017
M. Isabel Medina In Search of the Nation of Immigrants: Balancing the Federal State Divide 20 Harvard Latinx Law Review Rev. 1 (Spring, 2017) Issues raising the role of immigration and immigrants and the relationship between the federal government and the states under our constitutional framework have dominated the national dialogue this past year, and promise to continue to challenge us in years to come. They are questions that tested us at the founding of this republic and that... 2017
Lori A. Nessel Instilling Fear and Regulating Behavior: Immigration Law as Social Control 31 Georgetown Immigration Law Journal 525 (Spring, 2017) Probably no other area of American law has been so radically insulated and divergent from those fundamental norms of constitutional right, administrative procedure, and judicial role that animate the rest of our legal system. As to [noncitizens seeking admission], the decisions of executive or administrative officers, acting within powers expressly... 2017
Erin M. Adam Intersectional Coalitions: the Paradoxes of Rights-based Movement Building in Lgbtq and Immigrant Communities 51 Law and Society Review 132 (March, 2017) Over the past decade, inter- and intra-movement coalitions composed of organizations within the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) and immigrant rights movements have formed at the local level. These coalitions speak to a massive organizing effort that has achieved some rights campaign successes. However, coalition unity that... 2017
Shoba Sivaprasad Wadhia Is Immigration Law National Security Law? 66 Emory Law Journal 669 (2017) Introduction. 670 I. Executive Branch. 672 A. Refugees. 672 B. Central American Families. 674 C. Restrictions Based on Race, Religion, Nationality, and Citizenship. 676 1. Legality. 678 2. Feasibility. 680 3. Moral Considerations: American Identity and Reputation. 681 II. Legislative Branch. 682 A. Comprehensive Immigration Reform. 682 B.... 2017
Jason A. Cade Judging Immigration Equity: Deportation and Proportionality in the Supreme Court 50 U.C. Davis Law Review 1029 (February, 2017) Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court's jurisprudence across a range of substantive and procedural challenges over the... 2017
Panelists Hasan Shafiqullah, Amy Taylor, Martin Batalla, Michael Wildes, Anthony Enriquez, Moderated by: Javeria Ahmed, Attorney-in-Charge, Immigration Law Unit, The Legal Aid Society, Director of Legal Services, Make the Road New York, Member, Make the R Life after Daca: Immigration Reform in the Age of Trump 24 Cardozo Journal of Equal Rights & Social Justice 105 (Fall, 2017) MS. JAVERIA AHMED: Hi everyone. Can you hear me okay? Welcome to the Fall Symposium for the Journal of Equal Rights and Social Justice. My name is Javeria Ahmed, I'm the Editor in Chief and I'm really excited to have you guys with us tonight. The topic that we'll be discussing is the revocation of DACA, or the Deferred Action for Childhood Arrivals... 2017
Azadeh Shahshahani Local Police Entanglement with Immigration Enforcement in Georgia 2017 Cardozo Law Review de novo 105 (2017) C1-2Table of Contents Introduction. 105 I. Section 287(g). 106 II. House Bill 87. 111 III. Secure Communities. 113 IV. Priority Enforcement Program. 116 Conclusion. 118 2017
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