Leigh Ainsworth Immigration Law Isn't So "Civil" Anymore: the Criminal Nature of the Immigration System 53 American Criminal Law Review Online 30 (2016) Immigration law finds its roots early in the creation of the United States. The Constitution gives Congress the power to enact laws governing the naturalization of non-citizens, underscoring the importance of both immigration and citizenship to this country. The subsequent Naturalization Act of 1790 laid down the first requirements for obtaining... 2016
Sherally Munshi Immigration, Imperialism, and the Legacies of Indian Exclusion 28 Yale Journal of Law & the Humanities 51 (Winter, 2016) In April of 1914, a few hundred men and women in Calcutta boarded a ship bound for Vancouver, though British Canada had recently enacted a law that would prevent the ship's passengers from landing. As the ship, the Komagata Maru, steamed its way across the Pacific, officials in Vancouver braced themselves for its arrival. For Canadian officials,... 2016
Mariela Olivares Intersectionality at the Intersection of Profiteering & Immigration Detention 94 Nebraska Law Review 963 (2016) I. Introduction. 963 II. The Road to and Realities of Immigrant Detention. 966 A. The Origins of Immigrant Detention. 967 B. A Snapshot of Detention. 973 III. The Commodification of Immigrants. 976 A. The Prison Business. 977 B. The Prison Industry Discovers the Price of Immigrants. 985 IV. At the Crossroads--Intersectionality at the... 2016
Stewart Chang Is Gay the New Asian?: Marriage Equality and the Dawn of a New Model Minority 23 Asian American Law Journal L.J. 5 (2016) Introduction. 5 I. Asian Immigration and the American Family: Shifting the Rhetoric From Exclusion to Assimilation. 9 A. Family Ideation and Early Stereotypes of Asians as Sexualized Yellow Peril. 11 B. Family Ideation and the Stereotyping of Asians as a Sexual Model Minority. 15 II. Why Gay Is Definitely Not the New Black: The Evolution of the Bad... 2016
Clifford Clapp, Esq. Latino Jury Nullification: Resisting Racially & Ethnically Biased Crimmigration Through Civil Disobedience 17 Rutgers Race & the Law Review 167 (2016) In 1995, over twenty years ago, Paul Butler argued for jury nullification by African-American jurors in cases where black defendants commit crimes that do not affect public safety, such as public drunkenness, minor drug possession, gambling and other victimless crimes. He opines that racial considerations by African-American jurors are legally and... 2016
Anita Ortiz Maddali Left Behind: the Dying Principle of Family Reunification under Immigration Law 50 University of Michigan Journal of Law Reform 107 (Fall, 2016) A key underpinning of modern U.S. immigration law is family reunification, but in practice it can privilege certain families and certain members within families. Drawing on legislative history, this Article examines the origins and objectives of the principle of family reunification in immigration law and relies on legal scholarship and... 2016
Juliet P. Stumpf Looking for Wrongs in All the Right Places 42 New England Journal on Criminal and Civil Confinement 191 (Spring 2016) This contribution to the symposium on crimmigration law identifies Padilla v. Kentucky as the center of gravity of contemporary crimmigration law. This essay describes Padilla v. Kentucky as modeling a counter-intuitive approach to recognition of rights. Rather than seeking to sow a right to counsel in the contested field of immigration law,... 2016
Kevin Lam Mediating Domestic Violence Disputes in Chinese Immigrant Families in the U.s.: the Case for Court-appointed Mediation Programs 17 Cardozo Journal of Conflict Resolution 989 (Spring 2016) Chinese immigrants, particularly those that lack legal status, have historically mistrusted the U.S. legal system. Not only are they wary of the adversarial nature of court proceedings, but also language and cultural barriers frequently prevent them from gaining meaningful access to relief. As a result, issues that arise from within the Chinese... 2016
Vasanthi Venkatesh Mobilizing under "Illegality": the Arizona Immigrant Rights Movement's Engagement with the Law 19 Harvard Latino Law Review 165 (Spring, 2016) Arizona has been in the news for the past few years not only for its vituperative, anti-immigrant polices, but also for the impressive immigrant rights movement that continues to spawn new coalitions and new activisms. The large numbers of cases that were and continue to be litigated and the innovative use of law to mobilize present a paradox since... 2016
Sudha Setty Obama's National Security Exceptionalism 91 Chicago-Kent Law Review 91 (2016) One of the premises of this symposium is that the Obama administration, in undertaking various executive actions that protect some of the vulnerable immigrant populations in the United States, is acting in a more rights-protective manner than Congress has explicitly authorized. This Essay juxtaposes this perceived dynamic with policies in the... 2016
Emily C. Callan, JohnPaul Callan Peter Approved My Visa, but Paul Denied It: an Analysis of How the Recent Visa Bulletin Crisis Illustrates the Madness That Is U.s. Immigration Procedure 9 DePaul Journal for Social Justice Just. 1 (Summer, 2016) Mr. Sourav Hazra, a national and citizen of India, presently lives with his wife in California where he works as a Senior Manager with an international software company. Mr. Hazra's company began his green card application on May 9, 2011. Although the first and second steps of his immigration process were completed more than four years ago, Mr.... 2016
David B. Oppenheimer, Swati Prakash, Rachel Burns Playing the Trump Card: the Enduring Legacy of Racism in Immigration Law 26 Berkeley La Raza Law Journal L.J. 1 (2016) Introduction. 1 I. European Immigration and American Immigration Policy. 6 A. Early American Demographics and Immigration Policy. 6 B. Irish Immigration. 7 C. Eastern European Jewish Immigration. 11 D. Italian Immigration. 14 E. Early Twentieth-Century Changes to Immigration Policy. 17 II. Chinese and Japanese Immigration and American Immigration... 2016
Rachel E. Rosenbloom Policing Sex, Policing Immigrants: What Crimmigration's past Can Tell Us about its Present and its Future 104 California Law Review 149 (February, 2016) The flow of information from local police to federal immigration officials forms a central element of the contemporary phenomenon known as crimmigration--the convergence of immigration enforcement and criminal law enforcement. This Essay provides the first historical account of the early roots of this information flow and a new perspective on its... 2016
Eda Katharine Tinto Policing the Immigrant Identity 68 Florida Law Review 819 (May, 2016) Information concerning an immigrant's identity is critical evidence used by the government in a deportation proceeding. Today, the government collects immigrant identity evidence in a variety of ways: a local police officer conducts a traffic stop and obtains a driver's name and date of birth, fingerprints taken at booking link to previously... 2016
Vaishalee Yeldandi Policing the Police: the Status of Immigration Checks in the Context of Rodriguez V. United States 2016 University of Chicago Legal Forum 907 (2016) A recent Supreme Court decision has the potential to change how local and state law enforcement entities enforce immigration laws. In Rodriguez v. United States, the Court examined whether police could prolong an otherwise-completed traffic stop to conduct a dog sniff absent reasonable suspicion. The Court held that a police stop exceeding the... 2016
Greggary E. Lines Polymmigration: Immigration Implications and Possibilities Post Brown V. Buhman 58 Arizona Law Review 477 (2016) In recent years polygamy has taken center stage on prime-time television and in the nation's courts. After the Supreme Court's reexamination of marriage in Obergefell v. Hodges, polygamy was thought to be the next major issue the Court hears regarding the structure and purpose of marriage and family. The Sister Wives case, Brown v. Buhman, may have... 2016
Catherine Y. Kim Presidential Legitimacy Through the Anti-discrimination Lens 91 Chicago-Kent Law Review 207 (2016) The Obama administration's deferred action programs granting temporary relief from deportation to undocumented immigrants have focused attention to questions regarding the legitimacy of presidential lawmaking. Days after the administration first announced it would grant work authorization and renewable two-year reprieves from removal to noncitizens... 2016
Raina Bhatt Pushing an End to Sanctuary Cities: Will it Happen? 22 Michigan Journal of Race and Law 139 (Fall, 2016) Sanctuary jurisdictions refer to city, town, and state governments (collectively, localities or local governments) that have passed provisions to limit their enforcement of federal immigration laws. Such local governments execute limiting provisions in order to bolster community cooperation, prevent racial discrimination, focus on local priorities... 2016
Elvia Rosales Arriola Queer, Undocumented, and Sitting in an Immigration Detention Center: a Post-obergefell Reflection 84 UMKC Law Review 617 (Spring, 2016) I left my country because I am gay and I don't fit into Honduras' society; I also fled for my life because I refused to do work for a drug trafficker and he threatened to kill me. Central American refugee (2014) On the day the Supreme Court decided, in Obergefell v. Hodges, that gay people too enjoy the fundamental right to marry, a moment for... 2016
Barbara E. Armacost Sanctuary Laws: the New Immigration Federalism 2016 Michigan State Law Review 1197 (2016) The policy of immigration federalism has justified granting state and local police officers greatly increased responsibilities for enforcing immigration laws. It is designed to amplify federal enforcement by drawing on the vast number of local police and their knowledge of local conditions. Now, however, over 300 local jurisdictions have adopted... 2016
Huyen Pham , Pham Hoang Van State-created Immigration Climates and Domestic Migration 38 University of Hawaii Law Review 181 (Winter, 2016) With comprehensive immigration reform dead for the foreseeable future, immigration laws enacted at the subfederal level--cities, counties, and states--have become even more important. Arizona has dominated media coverage and become the popular representation of the states' response to immigration by enacting SB 1070 and other notoriously... 2016
Mary Holper The Beast of Burden in Immigration Bond Hearings 67 Case Western Reserve Law Review 75 (Fall, 2016) C1-2Contents Introduction. 75 I. An Unsupported Burden Shift. 81 A. Burdens of Proof for the Presumptively Unbailable Detainees. 83 B. Burdens of Proof for the Non Presumptively Unbailable Detainees. 90 II. Due Process and the Burden of Proof in Civil Detention. 95 A. Supreme Court on Burdens in Civil Detention. 96 B. Is There Something Special... 2016
Virgil Wiebe The Immigration Hotel 68 Rutgers University Law Review 1673 (Summer, 2016) The image of a hotel with each floor representing different immigration statuses provides a way to introduce the confounding immigration system we have in the United States, on both technical and policy levels. The imagery of the hotel helps to explain how one gets into the immigration hotel (the admissions process) and also how one gets kicked out... 2016
Sarah Rogerson The Politics of Fear: Unaccompanied Immigrant Children and the Case of the Southern Border 61 Villanova Law Review 843 (2016) No society, no state can successfully assume the tremendous responsibility of fostering thousands of motherless, embittered, persecuted children of undesirable foreigners and expect to convert these embattled souls into loyal, loving American citizens .. These children are seasoned veterans of a revolution of hate, are fertile fields for anarchy,... 2016
Jesus A. Osete The Praetorians: an Analysis of U.s. Border Patrol Checkpoints Following Martinez-fuerte 93 Washington University Law Review 803 (2016) Suppose José needs a gallon of milk from the grocery store. He puts on his shoes and grabs his car keys and his wallet. The grocery store is located outside of town. José is aware of the inevitable: he'll have to cross an immigration checkpoint located halfway between his house and the grocery store. Upon arriving at the checkpoint, José must... 2016
Jenny-Brooke Condon The Preempting of Equal Protection for Immigrants? 73 Washington and Lee Law Review 77 (Winter 2016) Recent debates about immigration have focused overwhelmingly on unauthorized migration and the respective roles of the federal and state governments in enforcing immigration law. But that emphasis in law and theory has obscured a critical civil rights question of our time: what measure of equality is due to those with the opportunity to abide by... 2016
Antonios Kouroutakis The Prevailing Culture over Immigration: Centralized Immigration and Policies Between Attrition and Accommodation 13 Seton Hall Circuit Review Rev. 5 (Fall, 2016) In 2012, the Supreme Court delivered a decision in Arizona v. United States that attracted the interested of the press because it challenged a controversial immigration law which several states copied. Although faced with an opportunity to speak about immigration policy reform, the Court ruled on preemption issues instead. The case is still... 2016
Denise Gilman To Loose the Bonds: the Deceptive Promise of Freedom from Pretrial Immigration Detention 92 Indiana Law Journal 157 (Winter 2016) Each year, the United States government detains more than 60,000 migrants who are eligible for release during immigration court proceedings that will determine their right to stay in the United States. Detention or release should be adjudicated through a custody determination process focused on the question of whether a migrant poses a flight risk... 2016
Ming H. Chen Trust in Immigration Enforcement: State Noncooperation and Sanctuary Cities after Secure Communities 91 Chicago-Kent Law Review 13 (2016) The conventional wisdom, backed by legitimacy research, is that most people obey most of the laws, most of the time. This turns out to not be the case in a study of state and local involvement with immigration enforcement, especially the federal program in which the federal immigration enforcement agency, U.S. Department of Homeland Security,... 2016
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 53 (Fall, 2016) NOTE: Please refer to the revised article cited 31 Geo. Immigr. L.J. 197. 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... 2016
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