Allie Karoline Sievers Gypsies, Tramps & Thieves: What Europe's Romanies Can Teach the United States about Crime-motivated Immigration Reform 1 Penn State Journal of Law & International Affairs 97 (April, 2012) This comment proposes that the United States could learn a great deal about the dangers of extreme immigration policy-making by looking to the European states and their dealings with the Romani, specifically the French expulsions of the Romani in 2010. Through this lens, this comment analyzes flaws in the U.S.' crime-motivated immigration... 2012
Alexis Boyd HAIR ME OUT: WHY DISCRIMINATION AGAINST BLACK HAIR IS RACE DISCRIMINATION UNDER TITLE VII 31 American University Journal of Gender, Social Policy and the Law 75 (2023) I. Introduction. 77 II. Background. 80 A. Discrimination Against Black Hair in Context. 80 B. Is Hair Discrimination Race Discrimination?. 82 1. Federal Protection: Under Title VII, Employers Cannot Discriminate Against a Person Because of Their Race. 82 2. Federal Court Precedent: Traditionally, Race-Based Hair Discrimination is Not Recognized as... 2023
Kerry A. Krzynowek Haitian Centers Council, Inc. V. Sale: Rejecting the Indefinite Detention of Hiv-infected Aliens 11 Journal of Contemporary Health Law and Policy 541 (Spring, 1995) Since the first settlers arrived in this country, the United States has always been a melting pot of nationalities. The constant influx of aliens led the federal government to begin regulating who could enter the country, over a century ago. One resulting piece of legislation was the Immigration and Nationality Act (INA), which sets forth... 1995
Juan C. Montes Haitian Interdiction on the High Seas: a U.s. Policy of Bias and Inconsistency 5 Saint Thomas Law Review 557 (Spring, 1993) 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-tost, to Me, I Lift My Lamp Beside the Golden Door! Inscription on the Statute of Liberty The luminous splendor of liberty and freedom that the Statue of Liberty symbolizes for many immigrants is... 1993
Irwin P. Stotzky Haitian Refugees and the Rule of Law 61 Guild Practitioner 151 (Summer, 2004) All of us in this country, except perhaps for Native Americans, are either immigrants or the children of immigrants. Our roots, our origins, of course, suggest both subtle and stark cultural differences in the ways we live, view the world, behave. As a nation, a community, we publicly celebrate these differences. Moreover, the fact that the United... 2004
Gregory A. Loken , Lisa R. Babino Harboring, Sanctuary and the Crime of Charity under Federal Immigration Law 28 Harvard Civil Rights-Civil Liberties Law Review 119 (Winter, 1993) Maria, a graying, recently widowed woman of fifty-seven, knelt to say the rosary. No doubt she needed the spiritual strength it provided, for her house was full of destitute foreigners sent to her by her parish priest. Beside her was a man named Jesús, who joined in her prayer. According to the ancient forms, they would introduce each decade of... 1993
James C. Hathaway Harmonizing for Whom? The Devaluation of Refugee Protection in the Era of European Economic Integration 26 Cornell International Law Journal 719 (Symposium, 1993) The pursuit of enhanced economic integration within Europe poses a threat to both the substance and the processes of the international system of refugee protection. In substantive terms, European Community governments have seized upon the impending termination of immigration controls at intra-Community borders to demand enhanced security at the... 1993
Sarah Bienkowski Has France Taken Assimilation Too Far? Muslim Beliefs, French National Values, and the June 27, 2008 Conseil D'état Decision on Mme M. 11 Rutgers Journal of Law & Religion 437 (Spring, 2010) When people immigrate to a new country, they bring with them a variety of defining characteristics such as different languages, traditions, social norms, and religions that make up their respective identities. Some countries adopt a multiculturalist approach whereby the qualities that immigrants bring are embraced; however, other countries favoring... 2010
Shirin Sinnar HATE CRIMES, TERRORISM, AND THE FRAMING OF WHITE SUPREMACIST VIOLENCE 110 California Law Review 489 (April, 2022) Even before the assault on the Capitol on January 6, 2021, a rising chorus of policymakers and pundits had called for treating White supremacist violence as terrorism. After multiple mass shootings motivated by White supremacist ideology, commentators argued that the hate crime label failed to convey the political nature of the violence or... 2022
Erik Bleich, Sylvia Al-Mateen HATE SPEECH AND THE EUROPEAN COURT OF HUMAN RIGHTS: IDEAS AND JUDICIAL DECISION-MAKING 29 Michigan State International Law Review 179 (2021) The rise in racism, xenophobia, and other forms of stigmatization increasingly challenges European countries to draw an explicit line between legally protected free speech and prohibited hate speech. The European Court of Human Rights is the highest court responsible for defining this boundary for the forty-seven member states of the Council of... 2021
Terri Yuh-lin Chen Hate Violence as Border Patrol: an Asian American Theory of Hate Violence 7 Asian Law Journal 69 (December, 2000) Arsonists of the Order of Caucasians, a white supremacist group that blamed Chinese immigrants for all the economic sufferings of white workers, tried to burn down the Chinatown in Chico and murdered four Chinese men by tying them up, dousing them with kerosene, and setting them on fire. A mob of white miners massacred twenty-eight Chinese... 2000
Ian Long Have You Been an Un-american?: Personal Identification and Americanizing the Noncitizen Self-concept 81 Temple Law Review 571 (Summer 2008) I. Introduction: The Current Immigration Debate. 572 II. Undocumented Immigrants and Personal Identification. 575 A. The Need for Personal Identification. 575 B. Attempts to Obtain Personal Identification for Undocumented Immigrants Enjoy Only Marginal (and Perhaps Temporary) Success. 578 1. Driver's Licenses. 578 2. Local Identification: The Elm... 2008
Ariadna Quinares Navarrete HAVING DECENCY TOWARDS IMMIGRANTS REQUIRES THE ABOLITION OF FOR-PROFIT DETENTION CENTERS 22 Seattle Journal for Social Justice 121 (Fall, 2023) The United States has been described as an [i]ncarceration nation due to its status of having the highest incarceration rate amongst nations. Incarceration is used by the United States in many forms, especially immigration detention, which further exacerbates the issue of high incarceration. The purpose of this article is to shine light on the... 2023
Anna C. Tavis Healthcare for All: Ensuring States Comply with the Equal Protection Rights of Legal Immigrants 51 Boston College Law Review 1627 (November, 2010) Abstract: Noncitizens lawfully residing in the United States are considered a discrete and insular minority in equal protection jurisprudence. Foreclosed from meaningful political participation because of an inability to vote, this population is frequently the target of budget cuts in an economic downturn when legislators struggle to preserve... 2010
Monika Batra Kashyap Heartless Immigration Law: Rubbing Salt into the Wounds of Immigrant Survivors of Domestic Violence 95 Tulane Law Review 51 (November, 2020) In the United States, a recognition of the unique vulnerabilities of immigrant women survivors of domestic violence has led to the passage of a series of federal immigration provisions over the past thirty years that are designed to protect such survivors. These provisions are the battered spouse waiver, the VAWA self-petition, and the U-Visa.... 2020
Randi Mandelbaum HEEDING THE VOICES OF MIGRANT YOUTH: THE NEED FOR ACTION 121 Michigan Law Review 965 (April, 2023) Unaccompanied: The Plight of Immigrant Youth at the Border. By Emily Ruehs-Navarro. New York: New York University Press. 2022. Pp. ix, 163. Cloth, $89; paper, $28. Nicolas is a sixteen-year-old boy who was forced to flee Ecuador due to extreme poverty as well as threats to him and his family (pp. 1-2). His father had resided in the United States... 2023
Ndjuoh MehChu HELP ME TO FIND MY CHILDREN: A THIRTEENTH AMENDMENT CHALLENGE TO FAMILY SEPARATION 17 Stanford Journal of Civil Rights & Civil Liberties 133 (February, 2021) The Trump Administration's forced separation of migrant families at the U.S.-Mexico border is an international fault line in the global human rights framework. The scope, severity, and urgency of the issue speak clearly to the need for a diversity of strategies to protect migrant groups. With that in mind, this Article draws attention to a thus-far... 2021
Andrea Barrientos HERE STOOD MY DREAMING TREE: A PROPOSAL TO REFORM NON-LPR CANCELLATION OF REMOVAL TO BRING UNDOCUMENTED IMMIGRANTS OUT OF THE SHADOWS 27 Cardozo Journal of Equal Rights & Social Justice 535 (Spring, 2021) C1-2Table of Contents I. Introduction. 536 II. Immigration legislation in the United States. 545 A. The Immigration Act of 1891, the Immigration Act of 1924 and the Alien Registration Act of 1940. 545 B. The Immigration and Nationality Act. 546 C. The Immigration Reform and Control Act. 548 1. Legalization Program. 549 2. Employer Sanctions. 550 D.... 2021
  Hernández V. Mesa and Police Liability for Youth Homicides Before and after the Death of Michael Brown 56 Criminal Law Bulletin ART 3 (2020) Delores Jones-Brown: Dr. Jones-Brown earned a J.D. and a Ph.D. in criminal justice from Rutgers University. She is retired from the Department of Law, Police Science, and Criminal Justice Administration at John Jay College of Criminal Justice, City University of New York (CUNY). She was the founding director of the John Jay College Center on Race,... 2020
Jennifer L. Gregorin Hidden Beneath the Waves of Immigration Debate: San Francisco's Sanctuary Ordinance 6 Liberty University Law Review 175 (Fall, 2011) The summer of 2010 represented a tumultuous time of debate and uncertainty in America's immigration law as the Nation's attention was captivated by the fate of Arizona's controversial immigration law. On July 28, 2010, after filing suit against the State of Arizona because the State's immigration law was allegedly unconstitutional and preempted by... 2011
Sara K. Rankin HIDING HOMELESSNESS: THE TRANSCARCERATION OF HOMELESSNESS 109 California Law Review 559 (April, 2021) Cities throughout the country respond to homelessness with laws that persecute people for surviving in public spaces, even when unsheltered people lack a reasonable alternative. This widespread practice--the criminalization of homelessness--processes vulnerable people through the criminal justice system with damaging results. But recently, from the... 2021
Zahra Stardust, Danielle Blunt, Gabriella Garcia, Lorelei Lee, Kate D'Adamo, Rachel Kuo HIGH RISK HUSTLING: PAYMENT PROCESSORS, SEXUAL PROXIES, AND DISCRIMINATION BY DESIGN 26 CUNY Law Review 57 (Winter, 2023) Key words: sex work, financial discrimination, sexual surveillance, precarious labor, algorithmic profiling Sex workers are increasingly documenting financial discrimination when accessing banks, payment processors, and financial providers. As hustle economy workers, barriers to digital financial infrastructure impact sex workers' abilities to... 2023
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
D. Brock Hornby History Lessons 23 Green Bag 289 (Summer, 2020) This year is Maine's 200th birthday as a state, after separating from Massachusetts in 1820. The bicentennial prompts me to recount two early civil rights episodes in Maine's history, highlighting the discrimination the protagonists faced, the difficulties they encountered, and the perseverance they had to demonstrate trying to vindicate their... 2020
Lynda L. Ford Hiv Afflicted Haitians: New Hope When Seeking Asylum 36 University of Miami Inter-American Law Review 293 (Winter-Spring 2005) There is new hope for HIV-positive Haitians who seek asylum in the United States. Historically, these asylum seekers have been limited in the arguments they could advance in order to avoid deportation. Recently, however, a team of lawyers used a new and innovative defense and prevailed in Miami-Dade County Immigration Court. This successfully... 2005
Linda Kelly Hill Holding the Due Process Line for Asylum 36 Hofstra Law Review 85 (Fall 2007) MONICA GOODLING: I interviewed candidates who were to be detailed into confidential policy-making positions and attorney general appointments, such as immigration judges and members of the Board of Immigration Appeal. . . . In every case I tried to act in good faith and for the purpose of ensuring that the department was staffed by well-qualified... 2007
Lili Dao , Department of Sociology, New York University, New York, New York, USA HOLLOW LAW AND UTILITARIAN LAW: THE DEVALUING OF DEPORTATION HEARINGS IN NEW YORK CITY AND PARIS 57 Law and Society Review 317 (September, 2023) How is law made worthless to the marginalized? Drawing on ethnographic observations in Paris and New York City, I establish a typology of devaluation practices in deportation hearings. I analyze how informal court practices devalue court actors, the hearing, and the law itself. Despite different levels of formal protections for migrants,... 2023
Darin E.W. Johnson HOMEGROWN AND GLOBAL: THE RISING TERROR MOVEMENT 58 Houston Law Review 1059 (Spring, 2021) White supremacist terrorism is a rising threat that has been overlooked by national security authorities as a global threat, even though white supremacist terrorism now surpasses Al Qaeda- and ISIS-associated terrorism in the scope and impact of its destructiveness in the United States. White supremacist terrorism has been viewed exclusively as... 2021
Elizabeth McCormick , Patrick McCormick Hospitality: How a Biblical Virtue Could Transform United States Immigration Policy 83 University of Detroit Mercy Law Review 857 (Summer 2006) When millions of United States voters in the 2004 presidential election identified moral values as their central concern, the vast majority of these largely church-going Christians were no doubt referring to religious and biblical teachings on abortion and homosexuality. It is unlikely that more than a handful were referring to the oft repeated... 2006
Penelope Hansen, Tiffany E. Norris, Michelle Thompson, Kristen A. Turner, Ethan Williams House Bill 87 : Illegal Immigration Reform and Enforcement Act of 2011 5 John Marshall Law Journal 695 (Spring 2012) First Signature: Representative Matt Ramsey (72nd) Co-Sponsors: Representative Rich Golick (34th), Representative Katie Dempsey (13th), Representative Rick Austin (10th), Representative Stephen Allison (8th), Representative Edward Lindsey (54th), and Senator Bill Hamrick (30th) Summary: House Bill 87 provides new definitions and state positions... 2012
Quinn H. Vandenberg How Can the United States Rectify its Post-9/11 Stance on Noncitizens' Rights? 18 Notre Dame Journal of Law, Ethics & Public Policy 605 (2004) Changes in immigration law following Congress' 1996 legislation and post-September 11, 2001 legislation created an inhospitable and discriminatory environment for noncitizens. Pursuant to Congress' 1996 and post-9/11 legislation, increases in the scope of crime-related deportation grounds and lack of judicial review result in a system where... 2004
Samira Afzali, Esq. How 'Comprehensive' Is the Comprehensive Immigration Reform Bill? S. 744 and its Implications for Muslims, Arabs, South Asians, Somalis and Iranian Immigrants 35 Hamline Journal of Public Law and Policy 296 (Spring, 2014) At first glance, the past couple of years have been an exciting and promising opportunity for real immigration reform. Congress is considering a complete overhaul of our immigration system for the first time since the 1980s, under President Reagan's administration. Today, practitioners and advocates are hopeful and are generally encouraged by... 2014
Nicole Hallett HOW DO YOU TEACH IMMORAL LAWS? 67 Saint Louis University Law Journal 543 (Spring, 2023) Teaching immigration law means teaching a system of oppression. Given this, how do professors of immigration law reconcile their status as representatives of the legal system with the harm that the system causes? Can you ethically encourage law students to develop professional identities that require participation in an immoral system? This article... 2023
Kathleen Anne Harvey How Does Immigration Law Today Affect Your Domestic Law Practice? 72-MAY Journal of the Kansas Bar Association 16 (May, 2003) The Chinese Exclusion Act of 1888 was America's first law restricting immigration by race or nationality to the United States. The USA PATRIOT Act of 2001, and the Homeland Security Act of 2002 are the latest government efforts to tighten restrictions on aliens both present or entering the United States. Between 1888 and 2003, we have seen several... 2003
Paulina D. Arnold HOW IMMIGRATION DETENTION BECAME EXCEPTIONAL 75 Stanford Law Review 261 (February, 2023) Abstract. Over the last five years, the United States has held around 37,000 people in immigration detention every day. Over 70% are held without any chance of bond. For those who manage to obtain a bond hearing, they bear the burden of proving that they are neither dangerous nor a flight risk. This scheme would be plainly illegal under the... 2023
Ilya Somin HOW JUDICIAL REVIEW CAN HELP EMPOWER PEOPLE TO VOTE WITH THEIR FEET 29 George Mason Law Review 509 (Winter, 2022) Abstract. For decades, critics of judicial review have argued that it inhibits the will of the people, expressed through laws and regulations enacted by democratically elected officials. Thus, they contend, it should be used sparingly, or perhaps even not at all. This critique implicitly assumes that the political freedom of the people is best... 2022
Michael Avery How Politics Inform Law 77 National Lawyers Guild Review 43 (Spring, 2020) Book Review: Jack Jackson, Law Without Future: Anti-Constitutional Politics and the American Right (U. Penn. Press, 2019). In Law Without Future, Jack Jackson explores a broad set of legal and political developments to support his analysis that we now live in a world where legal decisions have less fealty to precedent and less commitment to... 2020
Katherine Culliton How Racial Profiling and Other Unnecessary Post-9/11 Anti-immigrant Measures Have Exacerbated Long-standing Discrimination Against Latino Citizens and Immigrants 8 University of the District of Columbia Law Review 141 (Fall 2004) Latinos are uniting with other immigrant communities and people of color in being extremely concerned about unnecessary post-9/11 actions that have led to civil liberties and civil rights violations. Although the Latino voting power has presumably increased, infringements of Latinos' and Latinas' civil rights appear to be on the rise. This is... 2004
Kevin R. Johnson How Racial Profiling in America Became the Law of the Land: United States V. Brignoni-ponce and Whren V. United States and the Need for Truly Rebellious Lawyering 98 Georgetown Law Journal 1005 (April, 2010) C1-3Table of Contents L1-2Introduction L31006 I. United States v. Brignoni-Ponce: Mexican Appearance [May Be] a Relevant Factor in Making an Immigration Stop. 1009 a. the historical backdrop. 1009 b. the stop. 1012 c. the district court. 1012 d. the court of appeals. 1014 e. the supreme court. 1015 1. The Briefs. 1016 2. Oral Argument. 1019 3.... 2010
Aileen Tom How Stricter Dutch Immigration Policies Are Contributing to Rising Islamic Fundamentalism in the Netherlands and Europe 5 Washington University Global Studies Law Review 451 (2006) Immigration is at the forefront of world issues, especially in the European Union (EU) in light of economic changes and recent world events. Previously long-standing traditions in EU countries such as democracy, tolerance, human rights, and fundamental freedoms supported inclusive and pro-immigration policies. Now these same countries are enacting... 2006
Eleanor Marie Lawrence Brown How the U.s. Selected for a Black British Bourgeoisie 27 Georgetown Immigration Law Journal 311 (Winter, 2013) While legal scholarship concerning the history of race and voluntary immigration to the United States has focused largely on minority groups originating in Latin America and Asia, this Essay reminds us that this history also implicates black migration. Early free black migrants were overwhelmingly British subjects, originating from the Caribbean... 2013
Ian Falefuafua Tapu How to Say Sorry: Fulfilling the United States' Trust Obligation to Native Hawaiians by Using the Canons of Construction to Interpret the Apology Resolution 44 New York University Review of Law and Social Change 445 (2020) The Marshall Trilogy--a series of U.S. Supreme Court cases that became the legal foundation of the unique, government-to-government relationship between Indian tribes and the U.S. federal government--established a special doctrine known as the Indian Canons of Construction. The Canons became a powerful tool in treaty and statutory construction,... 2020
Amy Seilliere How Voluntary Abandonment of Permanent Resident Status and Coercion Don't Mix 51 University of the Pacific Law Review 155 (2019) C1-2Table of Contents I. Introduction. 156 II. Background Of Immigration Issues and Form I-407. 158 A. Presumption of Abandonment of Permanent Resident Status Upon Leaving United States for a Long Period of Time. 159 B. Purpose and Advantages of Form I-407. 160 C. Internal Agency Documents and Manuals Regarding Form I-407. 161 III. How Do We Know... 2019
Emily B. White How We Treat Our Guests: Mobilizing Employment Discrimination Protections in a Guest Worker Program 28 Berkeley Journal of Employment and Labor Law 269 (2007) With immigration reform moving to the forefront of the national agenda, proposals for a guest worker program have become politically feasible. The potential effects of these proposals on the employment rights of guest workers have not been fully considered. In this Comment, Emily White argues that a guest worker program should include undiluted... 2007
Rebecca Sharpless, Kristi E. Wintermeyer, MD HUMAN FRAILTY, UNBREAKABLE VICTIMS, AND ASYLUM 54 Columbia Human Rights Law Review 726 (Spring, 2023) This article analyzes the asylum decisions of immigration agencies and federal appellate courts and demonstrates that the case law driven standard for persecution is out of step with the original meaning of the term, international law standards, and contemporary understanding of how human beings experience physical and mental harm. Medical and... 2023
Fernando Garcia Human Rights and Immigrants in the U.s.: an Experience of Border Immigrant Communities 22 Georgetown Immigration Law Journal 405 (Spring, 2008) While living and working with immigrant communities on the United States' southern border with Mexico, and intentionally using human rights to shape the Border Network for Human Rights' (BNHR) vision, strategies and tactics to organize those communities, it has become unavoidable to critically review the current international human rights framework... 2008
Linda Bertling Meade Human Rights and the Current Immigration Debate: Legislative Proposals' Effects on the Mexican Immigrant Population 3 South Carolina Journal of International Law & Business 107 (Spring, 2007) The United States is a nation of immigrants. It is a nation founded by immigrants. The debate over immigration, therefore, is not a new one. While the immigration dispute has been around for over a century, it is during times of high unemployment, economic distress, and national security scares that the immigration issue comes into sharper focus... 2007
Lesley Wexler Human Rights Impact Statements: an Immigration Case Study 22 Georgetown Immigration Law Journal 285 (Winter, 2008) The United States has long criticized other governments for their human rights abuses. Yet violations at home often go unobserved by both the government and the general public. A more proactive domestic policy, however, could prevent some of these human rights violations. Using Congress's mandate for environmental assessments and environmental... 2008
Ryszard Cholewinski Human Rights of Migrants: the Dawn of a New Era? 24 Georgetown Immigration Law Journal 585 (Summer, 2010) At the beginning of the 21 century, lawyers and activists concerned with the treatment of migrants in various parts of the world had good reason for concern. While international human rights law in principle applies to all persons regardless of nationality and immigration status, the core human rights instrument devoting specific attention to the... 2010
Marc E. Jácome Human Rights on the Border: a Critical Race Analysis of Hernandez V. Mesa 67 UCLA Law Review 1268 (November, 2020) This Comment presents a historical investigation of the violence that establishes nationstate borders. The analysis deconstructs the U.S.--Mexico border through the 2010 shooting of Sergio Adrián Hernández Güereca, and asks how the framework of human rights may provide justice for this tragedy. In 2015, the Fifth Circuit for the U.S. Court of... 2020
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