James M. Rice Looking past the Label: an Analysis of the Measures Underlying "Sanctuary Cities" 48 University of Memphis Law Review 83 (Fall, 2017) I. Introduction. 85 II. Background. 90 A. Religious Community Development of the Sanctuary Movement. 90 B. Increased Interior Enforcement and the Expansion of the Sanctuary Movement. 92 III. Immigration Enforcement and The Impact of Sanctuary Measures. 96 A. Level of Immigration Enforcement. 97 B. The Effect of Sanctuary Measures on ICE. 98 1.... 2017
Elvia R. Arriola , Virginia M. Raymond Migrants Resist Systemic Discrimination and Dehumanization in Private, For-profit Detention Centers 15 Santa Clara Journal of International Law L. 1 (February 1, 2017) It gives me much pleasure to participate in this hunger strike. I cannot bear this punishment any more. I am dying of desperation, of this injustice, of this cruelty. We are immigrants, not criminals. To treat us like this--they must have no heart, they are of iron--as if we are not human. They treat us like dogs. Maribel, in the T. Don Hutto... 2017
Evangeline Dech Most RelevantNonprofit Organizations: Humanizing Immigration Detention 53 California Western Law Review 219 (Spring, 2017) C1-2Table of Contents Introduction. 219 I. A History of Immigration Detention. 223 A. Ellis Island. 223 B. Immigration Regulation as a Means of Racial Discrimination. 224 C. From Mass Incarceration of Minorities to Mass Immigration Detention. 227 II. Private Prison Companies Take Over Immigration Detention Centers. 231 III. Problems with Both... 2017
Sameer M. Ashar Movement Lawyers in the Fight for Immigrant Rights 64 UCLA Law Review 1464 (December, 2017) As immigration reform initiatives driven by established advocacy organizations in Washington, D.C. were successively defeated in the mid-to-late 2000s, movement-centered organizations and newly created formations of undocumented youth mobilized against the federal-local immigration enforcement regime of the Bush and Obama administrations. This... 2017
Sarah Sherman-Stokes No Restoration, No Rehabilitation: Shadow Detention of Mentally Incompetent Noncitizens 62 Villanova Law Review 787 (2017) ORIGINALLY from Haiti, Martin immigrated to the United States as a teenager with his mother and two brothers, all of them Lawful Permanent Residents. Sometimes living with his older brother, sometimes on the street, Martin had always required extra help to perform daily tasks. He never graduated from high school, and indeed barely made it through... 2017
Emily Ryo On Normative Effects of Immigration Law 13 Stanford Journal of Civil Rights & Civil Liberties 95 (February, 2017) Can laws shape and mold our attitudes, values, and social norms, and if so, how do immigration laws affect our attitudes or views toward minority groups? I explore these questions through a randomized laboratory experiment that examines whether and to what extent short-term exposures to anti-immigration and pro-immigration laws affect people's... 2017
Francesca Strumia , Asha Kaushal Opening the Ranks of Constitutional Subjects: Immigration, Identity, and Innovation in Italy and Canada 18 German Law Journal 1657 (December 1, 2017) The relationship between immigration and constitutional identity is simultaneously obvious and evasive. This Article explores that relationship through a comparative case study of Italy and Canada. It begins with a conceptual analysis of the role of immigration against the backdrop of collective identity, constitutional identity, and constitutional... 2017
Jennifer M. Chacón Privatized Immigration Enforcement 52 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (Winter, 2017) C1-2Table of Contents Introduction. 2 I. Mapping the Practical and Theoretical Terrain of Privatized Immigration Enforcement. 3 A. Voluntary Private Actors. 4 B. Private Delegation Through Regulation. 8 C. Private Entities Funded to Fulfill Public Law Functions. 11 1. Monitoring Cross-border Movement. 12 2. Monitoring Immigration Status in the... 2017
Olga Byrne Promoting a Child Rights-based Approach to Immigration in the United States 32 Georgetown Immigration Law Journal 59 (Fall, 2017) C1-3Table of Contents L1-2Introduction . L360 I. Immigrant Children in the United States: A Deficit of Rights. 64 A. Who are Immigrant Child in the United States: Terminology and Identity. 64 B. What Rights do Children Impacted by Immigration Have in the United States?. 67 II. The Human Rights Based Approach: A Conceptual Framework. 72 III. U.S.... 2017
Zsea Bowmani Queer Refuge: the Impacts of Homoantagonism and Racism in U.s. Asylum Law 18 Georgetown Journal of Gender and the Law L. 1 (Spring, 2017) Introduction. 2 I. Institutionalized Discrimination in Immigration and Asylum Law. 4 A. Sexual and Racial Exclusions in U.S. Immigration Law. 5 1. Discrimination Against LGBTQ Immigrants. 7 2. Racial Exclusions. 11 B. U.S. and International Asylum Law: Ill-Fit for LGBTQ People. 14 1. The Quintessential Refugee is Not Queer. 15 2. The Process of... 2017
Wesley C. Brockway Rationing Justice: the Need for Appointed Counsel in Removal Proceedings of Unaccompanied Immigrant Children 88 University of Colorado Law Review 179 (Winter, 2017) Introduction. 180 I. Problem Overview. 184 A. The Border Crisis. 186 1. Causes of the Influx of Unaccompanied Immigrant Children. 186 2. Legislative and Executive Responses to the Border Crisis. 190 B. The Due Process Disparity. 195 II. Unaccompanied Immigrant Children Have Both a Constitutional and Statutory Entitlement to Full Due Process... 2017
Mary Holper Redefining "Particularly Serious Crimes" in Refugee Law 69 Florida Law Review 1093 (July, 2017) Refugees are not protected from deportation if they have been convicted of a particularly serious crime (PSC) which renders them a danger to the community. This raises questions about the meaning of particularly serious and danger to the community. The Board of Immigration Appeals, Attorney General, and Congress have interpreted PSC quite... 2017
Zachary S. Price Reliance on Nonenforcement 58 William and Mary Law Review 937 (February, 2017) Can regulated parties ever rely on official assurances that the law will not apply to them? Recent marijuana and immigration nonenforcement policies have presented this question in acute form. Both policies effectively invited large numbers of legally unsophisticated people to undertake significant legal risks in reliance on formally nonbinding... 2017
Angela M. Banks Respectability & the Quest for Citizenship 83 Brooklyn Law Review Rev. 1 (Fall, 2017) Historically, immigration and citizenship law and policy in the United States has been shaped by the idea that certain immigrant populations present a threat to American society. Such ideas justified the Alien and Sedition Acts, the Chinese Exclusion Act, the enactment of new deportation grounds in 1917, and the adoption of national origin quotas... 2017
Katlyn Brady Sanctuary Cities and the Demise of the Secure Communities Program 23 Texas Hispanic Journal of Law and Policy 21 (Spring, 2017) So-called sanctuary cities became a flashpoint in the immigration debate after Juan Francisco Lopez-Sanchez, an undocumented immigrant, murdered Kathryn Steinle. Lopez-Sanchez was deported five times prior to shooting Steinle. San Francisco arrested Lopez-Sanchez four months prior to the shooting, but the city did not notify Immigration and... 2017
Nancy E. Shurtz Seeking Citizenship in the Shadow of Domestic Violence: the Double Bind of Proving "Good Moral Character" 62 Saint Louis University Law Journal 237 (Fall, 2017) Maria is a Mexican national and resides in the United States on a Trade NAFTA (TN) work visa. She falls in love with Bob, a U.S. citizen, and after a brief courtship, they marry. They immediately file a joint petition with the U.S. Citizenship and Immigration Service (USCIS) for issuance to Maria of a Conditional Residence (CR) Card, the... 2017
Paul Guajardo , David W. Read Sin Documentos: Legally Instructive Narratives in Mexican-american Memoirs and United States Immigration Law 24 Texas Hispanic Journal of Law and Policy Pol'y 1 (Fall, 2017) The sincere and sometimes startling testimonies found in Mexican-American memoirs provide first-hand accounts of the plight of undocumented immigrants. Mexican-American memoirs by the likes of Francisco Jimenez, Reyna Grande, Rosalina Rosay, Rose Castillo Guilbault, Ramon Perez, Elva Trevino Hart, Jose Angel Navejas, amongst dozens of others,... 2017
Brendan Lee The (New) New Colossus: Amending the Investor Visa Program to Comport with the Mandate of the United States' Immigration Policy and Benefit U.s. Workers 30 Journal of Civil Rights & Economic Development 63 (Fall, 2017) Give me your hired, your entrepreneur, Your upper classes willing to pay a fee . Taken as a whole, the United States' relationship with immigration has been a paradox. On one hand, the United States has been a melting pot--the place where peoples from across the globe have converged to form our unique cultural heritage. Indeed, our nation owes... 2017
Jennifer M. Chacón The 1996 Immigration Laws Come of Age 9 Drexel Law Review 297 (Spring, 2017) Twenty-one years ago, in direct response to an attack perpetrated by Timothy McVeigh, a U.S. citizen and anti-government terrorist, Congress perversely enacted a set of punitive laws aimed not at white nationalists, but at immigrants. These 1996 laws generated three important shifts in immigration law and policy by radically expanding grounds for... 2017
Kari Hong The Absurdity of Crime-based Deportation 50 U.C. Davis Law Review 2067 (June, 2017) The belief that immigrants are crossing the border, in the stealth of night, with nefarious desires to bring violence, crime, and drugs to the United States has long been part of the public imagination. Studies and statistics overwhelmingly establish the falsehood of this rhetoric. The facts are that non-citizens commit fewer crimes and reoffend... 2017
Kari Hong The Costs of Trumped-up Immigration Enforcement Measures 2017 Cardozo Law Review de novo 119 (2017) Currently, our country spends $18 billion each year on immigration enforcement, which is nearly $4 billion more than the combined budgets of the FBI, DEA, Secret Service, and ATF. President Trump hopes to substantially increase that annual number with his proposed heightened enforcement measures that result in more arrests, more ICE officers... 2017
Breanne J. Palmer The Crossroads: Being Black, Immigrant, and Undocumented in the Era of #Blacklivesmatter 9 Georgetown Journal of Law & Modern Critical Race Perspectives 99 (Spring, 2017) This paper discusses the detrimental, intersectional effects of immigration law and criminal law on Black immigrants, both with and without documentation. Anti-Black racism, deeply embedded in America's criminal law system, funnels Black immigrants into the criminal justice system, and subsequently into removal or other punitive immigration... 2017
Geoffrey Heeren The Immigrant Right to Work 31 Georgetown Immigration Law Journal 243 (Winter, 2017) Federal and state policies that make immigrant work putatively illegal are in tension with a constitutional right to work that is deeply rooted in United States history and jurisprudence. The Department of Homeland Security (DHS) regulates immigrant work through a system of employment authorization and sanctions on employers who hire unauthorized... 2017
Leticia M. Saucedo The Legacy of the Immigrant Workplace: Lessons for the 21st Century Economy 40 Thomas Jefferson Law Review Rev. 1 (Fall, 2017) INTRODUCTION. 2 I. THE VULNERABILITY OF IMMIGRANT WORKERS AS OTHERS IN THE WORLD OF THE FREE EMPLOYEE. 3 II. THE DYNAMICS THAT FACILITATE THE IMMIGRANT WORKPLACE. 5 A. Laws Regulating Immigrants Outside the Workplace. 6 B. Immigration Law Colors the Agency of Immigrants in the Workplace. 7 1. The Narratives of Immigrant Agency Cast Immigrant... 2017
Beth K. Zilberman The Myth of Second Chances: Noncitizen Youth and Confidentiality of Delinquency Records 31 Georgetown Immigration Law Journal 561 (Spring, 2017) L1-2Introduction . L3562 I. Noncitizens in the Delinquency System. 565 A. Racial Bias. 566 B. Immigration Status-Related Barriers to Services and Opportunities. 567 C. Exposure to Trauma. 569 II. Confidentiality in the Juvenile Justice System. 570 A. Foundations of Confidentiality. 571 B. Confidentiality Diluted. 572 C. Confidentiality in the... 2017
Carrie L. Rosenbaum The Natural Persistence of Racial Disparities in Crime-based Removals 13 University of Saint Thomas Law Journal 532 (Fall, 2017) This Article suggests that the replacement of Secure Communities with the Priority Enforcement Program (PEP) did not, and would not have ameliorated the problem of disparate criminal immigration deportation of Latina/o noncitizens. It explores the implications of de-coupling criminal and immigration enforcement and gives theoretical consideration... 2017
Mac LeBuhn The Normalization of Immigration Law 15 Northwestern Journal of Human Rights 91 (Spring, 2017) In The Normalization of Foreign Relations Law, Professors Ganesh Sitaraman and Ingrid Wuerth argue that the Supreme Court increasingly treats foreign relations law like other bodies of law--it has normalized this body of once-exceptional law. However, a subset of foreign relations law, immigration law, receives little attention in their... 2017
Herbert Hovenkamp The Progressives: Racism and Public Law 59 Arizona Law Review 947 (2017) American Progressivism initiated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds.... 2017
Yujin Yi The Status Quo of Racial Discrimination in Japan and the Republic of Korea and the Need to Provide for Anti-discrimination Laws 7 Columbia Journal of Race and Law 410 (2017) Japan and the Republic of Korea, two neighboring nations situated in East Asia, have homogenous demographics. Both societies face large influxes of foreigners--from immigration and tourism alike--due to various factors ranging from rapidly aging populations, low birth rates, and globalization. Despite this, neither country has sufficient legal... 2017
Rigoberto Ledesma The Unconstitutional Application of Apprehension and Detention Laws: Section 236(c) of the Immigration and Nationality Act 19 Scholar: St. Mary's Law Review on Race and Social Justice 361 (2017) It was an era before United States commitment to international human rights; before enlightenment in and out of the United States brought an end both to official racial discrimination at home and to national-origins immigration law; before important freedoms were recognized as preferred, inviting strict scrutiny if they were invaded and requiring... 2017
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