| Author | Title | Citation | Summary | Year |
| 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 |
| Kristina M. Campbell |
Humanitarian Aid Is Never a Crime? The Politics of Immigration Enforcement and the Provision of Sanctuary |
63 Syracuse Law Review 71 (2012) |
Introduction. 72 I. United States v. Millis: Is Water for the Dying Garbage or Humanitarian Aid?. 76 A. U.S. v. Millis--District of Arizona (2009). 77 B. U.S. v. Millis--Ninth Circuit Court of Appeals (2010). 79 1. A Refuge for Wildlife, but Not for Human Beings? The Gap Between Federal Law and Humanitarian Aid. 80 II. Attrition Through... |
2012 |
| Alexandra Ciullo |
HUMANITARIAN PAROLE: A TALE OF TWO CRISES |
37 Georgetown Immigration Law Journal 493 (Spring, 2023) |
In 2021 and 2022, massive conflicts erupted in Afghanistan and Ukraine, prompting two wildly different responses by the United States to the resulting refugee flows. The United States turned to a temporary immigration status, humanitarian parole, to welcome both Afghan and Ukrainian refugees. Through a brand-new government program, Uniting for... |
2023 |
| Ashley Ham Pong |
Humanitarian Protections and the Need for Appointed Counsel for Unaccompanied Immigrant Children Facing Deportation |
21 Washington and Lee Journal of Civil Rights and Social Justice 69 (Fall 2014) |
I. Introduction. 69 II. Overview of the Immigration System for Unaccompanied Immigrant Children. 71 A. Edwin's Story. 71 B. Apprehension and Detention of Children. 72 C. The Need for Appointed Counsel in Immigration Court Proceedings. 75 D. Challenges to the Government's Failure to Provide Appointed Counsel on Federal Grounds. 80 III. Common Forms... |
2014 |
| Kevin R. Johnson |
Hurricane Katrina: Lessons about Immigrants in the Administrative State |
45 Houston Law Review 11 (Symposium 2008) |
I. Introduction. 12 II. The Legal Landscape. 22 A. The Immigration Bureaucracy, Judicial Review, and the (Lack of the) Rule of Law. 26 B. Judicial Deference to the Immigration Bureaucracy. 33 1. The Plenary Power Doctrine. 33 2. Chevron Deference. 36 C. Summary. 43 III. Hurricane Katrina and Immigrants: The General Implications for Administrative... |
2008 |
| Shadi Masri, Executive Editor |
Ice's Initiation of Secure Communities Program Draws More Criticism than Praise |
25 Georgetown Immigration Law Journal 533 (Winter, 2011) |
Since its creation in 2003, the U.S. Immigration and Customs Enforcement (ICE) has become one of the largest investigative arms of the Department of Homeland Security (DHS) and made considerable progress in identifying and removing criminal aliens through its Criminal Alien Program (CAP). However, a fundamental change in its approach was necessary... |
2011 |
| Randall G. Shelley, Jr. |
If You Want Something Done Right . . . : Chicanos Por La Causa V. Napolitano and the Return of Federalism to Immigration Law |
43 Akron Law Review 603 (2010) |
The Immigration Reform and Control Act of 1986, the lynchpin of federal regulation of illegal immigration, has failed, and as a result, the State of Arizona has taken action on its own. This action flies in the face of conventional thought about the role of states in regulating immigration, not to mention the Constitutional directive that... |
2010 |
| Michelle R. Slack |
Ignoring the Lessons of History: How the "Open Borders" Myth Led to Repeated Patterns in State and Local Immigration Control |
27 Journal of Civil Rights & Economic Development 467 (Winter, 2014) |
No doubt local efforts to control immigration are on the rise. Arizona's Senate Bill 1070 is the most well-known example of this trend, though other examples exist as well. Most existing criticism attacks such efforts as violating the supposed exclusive federal control of the immigration sphere Yet, such arguments, in part, are based upon a myth... |
2014 |
| Stephanie Francis Ward |
Illegal Aliens on I.c.e. |
94-JUN ABA Journal 44 (June, 2008) |
When federal immigration and local Minnesota law enforcement agents entered several homes in Willmar in which undocumented workers were thought to be living, they were asked to show a search warrant. We don't need one, was one agent's response during last year's raid, according to a wrongful search action filed last April by 53 plaintiffs in... |
2008 |
| David M. Turoff |
Illegal Aliens: Can Monetary Damages Be Recovered from Countries of Origin under an Exception to the Foreign Sovereign Immunities Act? |
28 Brooklyn Journal of International Law 179 (2002) |
For many years the United States (U.S.) has struggled with the high costs of illegal immigration, mounting to $5.4 billion in public assistance alone in 1990, according to one study. In response the federal government has restricted social service and health care benefits paid to illegal aliens. Affected states, including Arizona, California,... |
2002 |
| Lauren D. Allen |
Illegal Encouragement: the Federal Statute That Makes it Illegal to "Encourage" Immigrants to Come to the United States and Why it Is Unconstitutionally Overbroad |
60 Boston College Law Review 1205 (April, 2019) |
Abstract: Section 1324(a)(1)(A)(iv) of Title 8 of the United States Code makes it illegal to encourage an alien to come to or reside in the United States. Since that section's 1986 amendment, the circuits have struggled to adopt a consistent definition for encourage. Though some circuits have adopted a broad definition, the Third Circuit has... |
2019 |
| Gabriel J. Chin |
Illegal Entry as Crime, Deportation as Punishment: Immigration Status and the Criminal Process |
58 UCLA Law Review 1417 (August, 2011) |
In Padilla v. Kentucky, the U.S. Supreme Court held that the Sixth Amendment required counsel to advise clients pleading guilty that conviction might result in deportation. The Court rested its decision on the idea that this information was important to the client's decisionmaking process. However, the Court did not explore a stronger reason for... |
2011 |
| Anders Newbury |
Illegal Immigration Arrests: a Vermont Perspective on State Law and Immigration Detainers Supported by Intergovernmental Agreements |
44 Vermont Law Review 645 (Spring, 2020) |
Introduction. 646 I. Historical Background: The Politics of Immigration and Rising Federal-State Tensions. 649 A. A Brief History of Immigration Policy in the United States. 649 B. Vermont and the Immigration Enforcement Debate. 653 II. Evolution of Legal Challenges to Detainers. 655 A. Statutory Interpretation of Immigration Enforcement. 655 B.... |
2020 |
| Nicole A. Blair |
Illegal Immigration Overstays its Welcome: How the Criminalization of Unlawful Presence in America Would Help Relieve Inadequacies in Federal Immigration Law |
10 Ave Maria Law Review 203 (Fall 2011) |
Illegal immigration is a large problem in the United States today and is only expected to get worse. The estimated total number of illegal immigrants present in the United States in 2010 was 10.8 million. The Census Bureau predicts that the nation's population will rise to more than 400 million people by the year 2050, with seventy percent of this... |
2011 |
| Garrett Kennedy |
Illegal Is Not Simply Illegal: the Broad Ramifications of a Pennsylvania Town's Attempt at Immigration Control, and the Inherent Problems of Racial Discrimination |
10 University of Pennsylvania Journal of Business and Employment Law 1029 (Summer 2008) |
In September, 2006, the Pennsylvania city of Hazleton passed the Hazleton Illegal Immigration Relief Act Ordinance (Hazleton Ordinance) designed to purge the city of crime stemming from the presence of illegal aliens and to make Hazleton one of the most difficult places in the U.S. for illegal immigrants. While the statute sought to assault... |
2008 |
| Kristina M. Campbell |
Imagining a More Humane Immigration Policy in the Age of Obama: the Use of Plenary Power to Halt the State Balkanization of Immigration Regulation |
29 Saint Louis University Public Law Review 415 (2010) |
The first decade of the twenty-first century has been grim for immigrants to the United States--both legal and undocumented--and the lawyers and advocates who work on their behalf. Following the failure of comprehensive immigration reform at the federal level, states and municipalities have seen fit to take matters into their own hands and pass a... |
2010 |
| 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 |
| 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 |
| Kimberly R. Hamilton |
Immigrant Detention Centers in the United States and International Human Rights Law |
21 Berkeley La Raza Law Journal 93 (2011) |
The immigrant detention system in the United States is plagued with problems due to the large number of immigrants and the lack of facility space to house immigrants in detention. The use of immigrant detention centers in the United States has expanded significantly in the past decade. Part of the effort to meet increased demands for immigrant... |
2011 |
| Victor C. Romero |
Immigrant Education and the Promise of Integrative Egalitarianism |
2011 Michigan State Law Review 275 (2011) |
I. Martinez in Context: Keeping the DREAM Alive for All Americans. 275 II. From Brown to Parents Involved: Rejecting Antisubordination, Embracing Colorblind Constitutionalism. 282 A. Desegregation and Massive Resistance. 282 B. The Advent of Colorblind Constitutionalism. 285 1. The Rise and Decline of Affirmative Action. 285 2. The Role of Poverty... |
2011 |
| Diana Vellos |
Immigrant Latina Domestic Workers and Sexual Harassment |
5 American University Journal of Gender & the Law 407 (Spring, 1997) |
My family's history is not uncommon. My ancestors immigrated from Central America to the United States in the mid 1960s through the early 1970s in search of a brighter future. Several of the women in my family accepted jobs as domestic workers when they first arrived in order to make ends meet. What they endured as immigrant domestic workers is a... |
1997 |
| Lauren Gilbert |
Immigrant Laws, Obstacle Preemption and the Lost Legacy of Mcculloch |
33 Berkeley Journal of Employment and Labor Law 153 (2012) |
With the federal government's perceived failure to enforce the immigration laws as a backdrop, this paper explores how the Supreme Court's recent decision in Chamber of Commerce v. Whiting upholding the Legal Arizona Workers Act exposes some of the tensions and contradictions in modern preemption doctrine. Examining the relationship among express,... |
2012 |
| Ethan Michelson |
Immigrant Lawyers and the Changing Face of the U.s. Legal Profession |
22 Indiana Journal of Global Legal Studies 105 (2015) |
Lazarus-Black and Globokar examine the work both of foreign applicants to two LL.M. programs and of the law school administrators and faculty who decide Who's In [and] Who's Out. The LL.M. admissions process is an increasingly important determinant of the overall volume and composition of law school enrollments. At stake are the futures not only... |
2015 |
| 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 |
| Ingrid V. Eagly |
Immigrant Protective Policies in Criminal Justice |
95 Texas Law Review 245 (December, 2016) |
The increasing focus of federal immigration enforcement on persons accused of crimes has hastened the creation of local criminal justice policies that govern the treatment of immigrants. In this Article, I report my findings from public records requests sent to prosecutor offices, city police departments, and county sheriffs in four large counties... |
2016 |
| Richardson LaBruce |
Immigrant Teachers in High-minority Schools: Using Immigration Law to Bypass Strict Scrutiny & the Colorblind Constitutionalism of Parents Involved |
79 Mississippi Law Journal 1073 (Summer, 2010) |
We are just students trying to become lawyers, doctors, congressmen like yourself and one day president, so we can make a change to not just the state of South Carolina but also the world. We are not quitters. Nestled amongst the golden tobacco fields of Dillon, South Carolina is J.V. Martin Junior High school. This hodgepodge of decrepit,... |
2010 |
| Andrew Tae-Hyun Kim |
IMMIGRANT TORTS |
57 U.C. Davis Law Review 1059 (December, 2023) |
In 2022, the Supreme Court effectively gutted a long-standing constitutional remedy for torts committed by federal officers. In the process, it seemingly immunized even the most serious abuses committed by Border Patrol agents. Such dramatic legal transformation has occurred despite--and perhaps because of--the soaring numbers of migrants at the... |
2023 |
| Bernard Trujillo |
Immigrant Visa Distribution: the Case of Mexico |
2000 Wisconsin Law Review 713 (2000) |
On every immigration lawyer's desk there is a chart. A constant source of reference for attorneys, this chart gives a sense of how long the waiting line is for an applicant to receive a visa and enter the United States as a permanent resident. The chart is a simple, one-page affair compiled by the Department of State and published monthly on its... |
2000 |
| Maria L. Ontiveros |
Immigrant Workers' Rights in a Post-hoffman World-organizing Around the Thirteenth Amendment |
18 Georgetown Immigration Law Journal 651 (Summer, 2004) |
At the start of the twenty-first century, the impact of global labor and product markets presents our society with an enormous challenge and an enormous opportunity. We are challenged to provide decent jobs for all peoplejobs that provide fulfillment, empowerment, opportunity and material comfort. Our opportunity is the chance to answer this... |
2004 |
| Medha D. Makhlouf, Jasmine Sandhu |
Immigrants and Interdependence: How the Covid-19 Pandemic Exposes the Folly of the New Public Charge Rule |
115 Northwestern University Law Review Online 146 (10/14/2020) |
Abstract--On February 24, 2020, just as the Trump Administration began taking significant action to prepare for an outbreak of COVID-19 in the United States, it also began implementing its new public charge rule. Public charge is an immigration law that restricts the admission of certain noncitizens based on the likelihood that they will become... |
2020 |
| Kenneth Juan Figueroa |
Immigrants and the Civil Rights Regime: Parens Patriae Standing, Foreign Governments and Protection from Private Discrimination |
102 Columbia Law Review 408 (March, 2002) |
Easily identified by race and certain shared social characteristics, today's immigrants are particularly susceptible to private discrimination. While immigrants are protected by a series of federal antidiscrimination statutes, enforcement of these statutes is complicated by the existence of various social obstacles and by the fact that state and... |
2002 |