Ana Aliverti The Wrongs of Unlawful Immigration 11 Criminal Law and Philosophy 375 (June, 2017) Published online: 12 July 2015 Abstract For too long, criminal law scholars overlooked immigration-based offences. Claims that these offences are not true crimes' or are a mere camouflage to pursue non-criminal law aims deflect attention from questions concerning the limits of criminalization and leave unchallenged contradictions at the heart of... 2017
Medha D. Makhlouf Theorizing the Immigrant Child: the Case of Married Minors 82 Brooklyn Law Review 1603 (Summer, 2017) U.S. immigration law provides special protections, benefits, and forms of relief for children. It also provides certain marriage-based benefits and exclusions. Yet the most common definitions of child in the Immigration and Nationality Act make the existence of a married minor child into a legal impossibility. In other words, married minor... 2017
Daniel I. Morales Transforming Crime-based Deportation 92 New York University Law Review 698 (June, 2017) Why not rid the United States of criminal noncitizens and the disorder they cause? Because, scholars urge, immigrants reduce crime rates, deporting noncitizens with criminal convictions costs far more than it is worth, and discarding immigrants when they become inconvenient is wrong. Despite the force of these responses, reform efforts have made... 2017
Natasha Arnpriester Trumping Asylum: Criminal Prosecutions for "Illegal" Entry and Reentry Violate the Rights of Asylum Seekers 45 Hastings Constitutional Law Quarterly L.Q. 3 (Fall, 2017) As a candidate for President of the United States, Donald Trump promised to bring law and order back to the U.S. immigration system --a claim that was and has been undergirded by inflammatory and racially charged vitriol. Donald Trump launched his presidential bid by stating, when Mexico sends its people, they're not sending their best. They're... 2017
Claire R. Thomas, Ernie Collette Unaccompanied and Excluded from Food Security: a Call for the Inclusion of Immigrant Youth Twenty Years after Welfare Reform 31 Georgetown Immigration Law Journal 197 (Winter, 2017) The young public interest attorney and her client, an immigrant teenager, sat side by side in a dimly light conference room in a community-based organization in Harlem. In front of them, on the table, sat a loose-leaf sheet of paper with four columns and a big black line in between the second and third columns. Above the first and second columns,... 2017
Eisha Jain Understanding Immigrant Protective Policies in Criminal Justice 95 Texas Law Review See Also 161 (2017) Criminal penalties are meant to be the most severe type of state sanction. Today, however, collateral consequences--state-imposed civil penalties triggered by a conviction or even an arrest--can systemically outstrip the formal criminal sentence. Nowhere is this pattern more visible than in the immigration context, particularly where deportation... 2017
Daniel R. Schutrum-Boward United States V. Texas and Supreme Court Immigration Jurisprudence: a Delineation of Acceptable Immigration Policy Unilaterally Created by the Executive Branch 76 Maryland Law Review 1193 (2017) The United States has become increasingly dependent on immigrants. Immigrants aid in providing U.S. citizens with a myriad of services, making possible crucial aspects of our lives. However, many of these hardworking individuals remain undocumented and, therefore, live with the constant possibility of being detained by immigration authorities,... 2017
R. Mark Frey A Nation of Nations: a Great American Immigration Story by Tom Gjelten Simon & Schuster, New York, Ny, 2015. 405 Pages, $28.00 63-MAY Federal Lawyer 83 (May, 2016) It's election season and that means presidential candidates are out meeting and greeting the electorate, selling themselves and their brand. They push hot buttons and they sling mud to garner interest and to divide the voters as they vie for their respective party's nomination and then run for the presidency. Immigration is again at the fore as we... 2016
Karen J. Pita Loor A Study on Immigrant Activism, Secure Communities, and Rawlsian Civil Disobedience 100 Marquette Law Review 565 (Winter 2016) This Article explores the immigrant acts of protest during the Obama presidency in opposition to the Secure Communities (SCOMM) immigration enforcement program through the lens of philosopher John Rawls' theory of civil disobedience and posits that this immigrant resistance contributed to that administration's dismantling the federal program by... 2016
Shirley Lin And Ain't I a Woman?: Feminism, Immigrant Caregivers, and New Frontiers for Equality 39 Harvard Journal of Law & Gender 67 (Winter 2016) Introduction. 67 I. Feminist Legal Theory at the Crossroads: Immigrant Women Caregivers and the Carceral Matrix. 71 A. Feminism, Economic Insecurity, and Social Reproduction: Gender Equity in Context. 74 B. Immigrants and the Deepening Paradox of Wrongs Without Remedies. 81 1. From Contradiction to Lawful Retaliation: IRCA and Hoffman Plastics... 2016
Kelsey Inouye Asian Americans: Identity and the Stance on Affirmative Action 23 Asian American Law Journal 145 (2016) Introduction. 145 I. The Asian American Identity: Historical and Social Contexts. 147 A. History of Asian Immigration to America. 147 B. History of Asian American Social Movements. 149 II. Meaning(s) of Affirmative Action. 150 III. The Supreme Court Cases and the Changing Meaning of Affirmative Action. 152 A. Affirmative Action Jurisprudence. 153... 2016
David S. Rubenstein Black-box Immigration Federalism 114 Michigan Law Review 983 (April, 2016) Immigration Outside the Law. By Hiroshi Motomura. New York: Oxford University Press (2014). Pp. xiii, 235. $29.95. In Immigration Outside the Law, Hiroshi Motomura confronts the three hardest questions in immigration today: what to do about our undocumented population, who should decide, and by what legal process. Motomura's treatment is... 2016
Kate Huddleston Border Checkpoints and Substantive Due Process: Abortion Rights in the Border Zone 125 Yale Law Journal 1744 (April, 2016) This Note assesses the constitutionality of Texas House Bill 2 (H.B. 2), which regulates abortion providers, as applied to clinics located in the area between the state's border with Mexico and internal federal immigration checkpoints. Should these statutory provisions go into full effect and lead to these clinics' closure, undocumented immigrants... 2016
Tom I. Romero, II Bridging the Confluence of Water and Immigration Law 48 Texas Tech Law Review 779 (Summer, 2016) I. Introduction. 780 II. The Irrigation Era and the Need for a Docile Labor Supply. 782 III. The Metropolitan Revolution and the Rise of the Illegal Gardner. 798 IV. The Great Local Thirst for Proper Documentation. 807 V. Conclusion. 815 Appendix: A Timeline of Important Moments in Water and Immigration Law and Policy. 817 2016
Chad G. Marzen , William Woodyard II Catholic Social Teaching, the Right to Immigrate, and the Right to Regulate Borders: a Proposed Solution for Comprehensive Immigration Reform Based upon Catholic Social Principles 53 San Diego Law Review 781 (Fall, 2016) C1-2Table of Contents Introduction. 783 I. The Current Debate Concerning Immigration Reform. 793 A. Immigration to the U.S.--Statistical Trends and the Emerging Issues of Immigration to the U.S. 793 B. Background of Key Modern Immigration Laws. 794 1. The Immigration Reform and Control Act of 1986. 795 2. Illegal Immigration Reform and Immigrant... 2016
Angélica Cházaro Challenging the "Criminal Alien" Paradigm 63 UCLA Law Review 594 (March, 2016) Deportation of so-called criminal aliens has become the driving force in U.S. immigration enforcement. The Immigration Accountability Executive Actions of late 2014 provide the most recent example of this trend. Even for immigrants' rights advocates, conventional wisdom holds that if deportations must occur, criminal aliens should be the first... 2016
Bill Ong Hing Contemplating a Rebellious Approach to Representing Unaccompanied Immigrant Children in a Deportation Defense Clinic 23 Clinical Law Review 167 (Fall, 2016) In response to the surge of unaccompanied immigrant children at the border in the summer of 2014, I expanded my pro bono work with students and started a law school deportation defense clinic. With the hard work of a full-time immigration attorney and a paralegal, the Clinic has attracted three to four students each semester (including summers) who... 2016
Jennifer Lee Koh Crimmigration and the Void for Vagueness Doctrine 2016 Wisconsin Law Review 1127 (2016) Since the Supreme Court's 2015 decision in Johnson v. United States--a federal sentencing decision holding that the residual clause of the Armed Career Criminal Act was void for vagueness--the vagueness doctrine has quietly and quickly exploded in the legal landscape governing the immigration consequences of crime. On September 29, 2016, the... 2016
Jayesh M. Rathod Danger and Dignity: Immigrant Day Laborers and Occupational Risk 46 Seton Hall Law Review 813 (2016) The plight of immigrant workers in the United States has captured significant scholarly attention in recent years. Despite the prevalence of discourses regarding this population, one set of issues has received relatively little attention: immigrant workers' exposure to unhealthy and unsafe working conditions, and their corresponding susceptibility... 2016
Andrés Dae Keun Kwon Defending Criminal(ized) "Aliens" after Padilla: Toward a More Holistic Public Immigration Defense in the Era of Crimmigration 63 UCLA Law Review 1034 (May, 2016) The unprecedented U.S. system of mass incarceration and the intensifying merging of criminal and immigration law have devastated individuals, families, and entire communities, especially poor communities of color. Noncitizens who come into contact with the criminal justice system are too often stripped of even the slightest chance of reintegration;... 2016
Matthew J. Lindsay Disaggregating "Immigration Law" 68 Florida Law Review 179 (January, 2016) Courts and scholars have long noted the constitutional exceptionalism of the federal immigration power, decried the injustice it produces, and appealed for greater constitutional protection for noncitizens. This Article builds on this robust literature while focusing on a particularly critical conceptual and doctrinal obstacle to legal reform-the... 2016
Tess Douglas Disrupting Immigration: How Administrative Rulemaking Could Transform the Landscape for Immigrant Entrepreneurs 44 Pepperdine Law Review 199 (2016) Immigrant entrepreneurs come to the United States and start thriving companies that create jobs, drive the economy, and facilitate innovation. However, U.S. laws do not provide a clear path for immigrant entrepreneurs to lawfully enter and work in America. Therefore, immigrant entrepreneurs must seek lawful status in the United States through... 2016
Kevin R. Johnson Doubling down on Racial Discrimination: the Racially Disparate Impacts of Crime-based Removals 66 Case Western Reserve Law Review 993 (Summer, 2016) C1-2Contents Introduction. 994 I. Racial Profiling and Contemporary Developments in Crime-Based Removals. 1002 A. The Supreme Court's Authorization of Racial Profiling in Law Enforcement. 1004 1. Whren v. United States. 1005 2. United States v. Brignoni-Ponce. 1007 B. Increased State and Local Involvement in Immigration Enforcement. 1010 1. Section... 2016
Laura Macia, University of Pittsburgh Experiences of Discrimination in an Emerging Latina/o Community 39 PoLAR: Political and Legal Anthropology Review 110 (May, 2016) In this article I explore how members of an emerging community of Latina/o immigrants in Pittsburgh, a small but rapidly growing population, understand and respond to discrimination. Both documented and undocumented Latina/o immigrants reported experiencing discrimination and facing challenges in addressing these experiences. However, personal... 2016
Kevin R. Johnson Federalism and the Disappearing Equal Protection Rights of Immigrants 73 Washington and Lee Law Review Online 269 (July 27, 2016) Jenny-Brooke Condon's article The Preempting of Equal Protection for Immigrants? analyzes important issues surrounding the constitutional rights of immigrants. Professor Condon in essence contends that the current legislative, executive, and scholarly focus on the distribution of immigration power between the state and federal governments has... 2016
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
Rebecca Sharpless Immigrants Are Not Criminals: Respectability, Immigration Reform, and Hyperincarceration 53 Houston Law Review 691 (Winter 2016) Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people-- citizens and noncitizens--who have been convicted of... 2016
Kevin R. Johnson Immigration "Disaggregation" and the Mainstreaming of Immigration Law 68 Florida Law Review Forum 38 (2016) Immigration scholars have written volumes on a remarkable outlier of modern American constitutional law. Originally created by the Supreme Court in the nineteenth century to uphold the now-discredited laws excluding Chinese immigrants from American shores, the plenary power doctrine continues to immunize the substantive provisions of the U.S.... 2016
Daniel Kanstroom Immigration Enforcement and State Post-conviction Adjudications: Towards Nuanced Preemption and True Dialogical Federalism 70 University of Miami Law Review 489 (Winter, 2016) The relationship between federal immigration enforcement and state criminal, post-conviction law exemplifies certain inevitable complexities of preemption and federalism. Because neither perfect uniformity nor complete preemption is possible, we must consider two questions: First, whether (and, if so, how) state courts adjudicating rights should... 2016
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