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
Michael J. Wishnie Immigrants and the Right to Petition 78 New York University Law Review 667 (May 1, 2003) Today in the United States, millions of undocumented persons are working long hours for illegally low pay, in workplaces that violate health and safety codes, for employers who defy labor and antidiscrimination laws. Many more fall victim to criminal activity, forced into involuntary servitude and subjected to physical abuse. Yet these immigrants... 2003
Vanessa Canuto Immigrants Are "People" Too: Constitutionalizing Free Speech Protections for Undocumented Immigrants 17 First Amendment Law Review 403 (Spring, 2019) Imagine being a child trapped in a warehouse without your parents, no one to comfort you, and no knowledge of where your family is. Some children are forced to endure this at a young age, but most people cannot fathom the thought. This unfortunate reality is what the U.S. Border Patrol has been ordered to do to hundreds of children who are... 2019
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
Bessie Muñoz Immigrants for Sale: Corporate America Puts a Price Tag on Sexual Abuse 17 Scholar: St. Mary's Law Review on Race and Social Justice 553 (2015) I. Introduction. 554 II. The History Behind Privatization of Immigration Detention Facilities. 558 A. Lobbying for Anti-Immigration Laws. 560 B. Legislative History of the Bed Mandate Provision. 561 III. The History of the Prison Rape Elimination Act and the Implementation Procedure in Private Detention Facilities. 563 A. The Creation of National... 2015
Michael A. Olivas Immigrants in the Administrative State and the Polity Following Hurricane Katrina 45 Houston Law Review Rev. 1 (Symposium 2008) This year's Frankel Lecture topic is appropriate for several important reasons. First, Hurricane Katrina stands as one of the most important and tragic events of our time, combining elements of natural disaster, human tragedy, governmental incompetence, private sector indifference, racism, and extraordinary spectacle, as well as countervailing... 2008
Lauren Scheid Immigrants Make America Great: Contemporary Overview of the Executive Authority for Regulation of U.s. Immigration Policy 30 Indiana International & Comparative Law Review 525 (2020) The celebrated Broadway musical Hamilton makes it clear that immigrants make America great. European settlers created the thirteen colonies on the east coast of the United States by leaving their home country in search of a better life across the Atlantic. Additionally, all of the Founding Fathers themselves were technically immigrants--they were... 2020
Reviewed by Harvey Gee Immigrants Out! The New Nativism and the Anti-immigrant Impulse in the United States, Edited by Juan F. Perea. New York: New York University Press. 342 Pp. 1997. 52 Oklahoma Law Review 685 (Winter, 1999) The American Nation has always had a specific ethnic core. And that core has been white. The recently enacted anti-immigration policies which target Asian and Latino immigrants are the latest manifestations of the social construction of these racial groups as foreigners not entitled to the equal protection of the law. This anti-immigrant animus is... 1999
Juan F. Perea Immigrants Out!: the New Nativism and the Anti-immigrant Impulse in the United States 22 Suffolk Transnational Law Review 775 (Summer, 1999) In his new book, Immigrants Out!: The New Nativism and the Anti-Immigrant Impulse in the United States, editor Juan F. Perea has compiled a series of essays written by diverse authors on perhaps the most politically and legally volatile issue of the 1990s. Perea and the book's contributors concur in the view that current efforts to enact more... 1999
Connie Chang Immigrants under the New Welfare Law: a Call for Uniformity, a Call for Justice 45 UCLA Law Review 205 (October, 1997) Introduction. 206 I. Supplemental Security Income. 218 A. Changes. 218 B. Impact. 226 II. Alienage Discrimination in the Distribution of Welfare Benefits. 236 A. Graham v. Richardson. 236 B. Mathews v. Diaz. 241 III. Challenging the New Welfare Law. 247 A. The Limits of Plenary Power. 253 1. The Alien Rights Cases. 253 2. The Preemption Cases. 258... 1997
James F. Hollifield , Valerie F. Hunt , Daniel J. Tichenor Immigrants, Markets, and Rights: the United States as an Emerging Migration State 27 Washington University Journal of Law and Policy Pol'y 7 (2008) Since the end of World War II immigration in the core industrial democracies has been increasing. The rise in immigration is a function of market forces (demand-pull and supply-push) and kinship networks, which reduce the transaction costs of moving from one society to another. These economic and sociological forces are the necessary conditions for... 2008
Judge Rosemary Barkett Immigrants, Refugees and Women: International Obligations and the United States 33 Emory International Law Review 493 (2019) PROFESSOR ABDULLAHI AN-NA'IM: Hello. My name is Abdullahi An-Na'im. I teach here at Emory Law School. I am responsible for a center called Center for International and Comparative Law. It is set in the [indiscernible] place in the corner where nobody seems to go. But please, we are delighted that you are here. This is really the highlight of our... 2019
  Immigration -- Practice and Policy Fall 2006 Symposium George Mason University School of Law Civil Rights Law Journal October 18, 2006 17 George Mason University Civil Rights Law Journal 545 (Spring 2007) One of the Civil Rights Law Journal's goals is to bring attention to current civil rights topics and contribute to the legal community's discussion of these important issues. The Civil Rights Law Journal chose immigration as this year's Symposium topic because it has burgeoned into one of the most important national policy debates that cross-cuts... 2007
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
John Medeiros Immigration after Doma: How Equal Is Marriage Equality? 35 Hamline Journal of Public Law and Policy 197 (Fall, 2013) Under current immigration law, there are four primary avenues to lawful permanent residence: family reunification, employment-based immigration, asylum/refugee admission, and diversity based on country of origin. Of these four avenues, family reunification remains a top priority of our country's legal immigration system. This priority is evidenced... 2013
Catherine Norris Immigration and Abduction: the Relevance of U.s. Immigration Status to Defenses under the Hague Convention on International Child Abduction 98 California Law Review 159 (February, 2010) In our increasingly mobile world, family relationships and problems often span national borders. These transborder entanglements pose challenges both for individuals and legal regimes. In the late 1970s, as a result of growing awareness of the phenomenon of child abduction by a parent, nations sought to address this issue through the creation of... 2010
Lucas Guttentag Immigration and American Values: Some Initial Steps for a New Administration 35-FALL Human Rights 10 (Fall, 2008) The treacherous debate over immigration was remarkably muted during the presidential campaign. But the system's failures are unchanged, and the need for reform more urgent than ever. Today's dysfunction has multiple causes exacerbated by three seismic developments over the last twelve years. First, enormous changes to the immigration statute... 2008
Karla McKanders Immigration and Blackness 44 Human Rights 20 (2019) Ms. L and her daughter S.S. entered the United States to apply for asylum in November 2017. The Catholic Church helped them flee persecution from their home country. They traveled through 10 countries over four months and requested asylum when they legally presented themselves at a port of entry near San Diego. Ms. L entered California along with... 2019
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
Kevin R. Johnson Immigration and Civil Rights: Is the "New" Birmingham the Same as the "Old" Birmingham? 21 William & Mary Bill of Rights Journal 367 (December, 2012) Over the past few years, state legislatures have passed immigration enforcement laws at breakneck speed. As one commentator characterized it: Immigration law is undergoing an unprecedented upheaval. The states . . . have taken immigration matters into their own hands. In response to the widespread perception that the federal government cannot or... 2012
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