| Author | Title | Citation | Summary | Year |
| Rachel Gonzalez Settlage |
Uniquely Unhelpful: the U Visa's Disparate Treatment of Immigrant Victims of Domestic Violence |
68 Rutgers University Law Review 1747 (Summer, 2016) |
C1-2Table of Contents I. Introduction. 1748 II. Immigration Law and the Battered Immigrant. 1753 A. The Unique Vulnerabilities of Battered Immigrants and U.S. Immigration Law's Exacerbation of Abusive Situations. 1756 B. Congressional Efforts to Protect Battered Immigrants. 1759 1. The Battered Spouse Waiver for Conditional Permanent Residents.... |
2016 |
| Hana E. Brown , Jennifer A. Jones , Taylor Dow |
Unity in the Struggle: Immigration and the South's Emerging Civil Rights Consensus |
79 Law and Contemporary Problems Probs. 5 (2016) |
In October of 2015, North Carolina Governor Pat McCrory signed into law a bill that banned counties and cities in the state from declaring themselves sanctuaries for undocumented immigrants. Though they take many forms, self-declared sanctuary cities typically refuse to allocate municipal funds or resources toward immigration enforcement efforts... |
2016 |
| Ashley Poonia |
We Are All Family: Broadening the Family-based Immigration System to Include Extended Family Members |
93 University of Detroit Mercy Law Review 159 (Winter 2016) |
The history of the United States is, in large, the history of immigrants. The three priorities that continue to govern the United States immigration system are skilled workers, family relationships, and refugee status. This Note will focus on the second priority: family relationships. Within the current immigration system, family relationships fall... |
2016 |
| Carrie Rosenbaum |
What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law and Noncitizens |
9 DePaul Journal for Social Justice Just. 1 (Summer, 2016) |
Deportation rates of Latino/a noncitizens are higher than their presence in immigrant communities in the United States. The fact that Latino/a noncitizens experience immigration policing and deportation at higher rates than other noncitizens is due, at least in part, to federal immigration enforcement's use of alleged criminality to identify... |
2016 |
| Kit Johnson |
A Cost-benefit Analysis of the Federal Prosecution of Immigration Crimes |
92 Denver University Law Review 863 (2015) |
Immigration crimes are the most prosecuted federal crimes in America. This Article examines the benefits of the federal prosecution of immigration crimes (training, deterrence, and signaling/expression) and balances those benefits against the costs of such prosecutions (courthouse costs, alternative prosecution, and incarceration). I conclude that... |
2015 |
| Kristina M. Campbell |
A Dry Hate: White Supremacy and Anti-immigrant Rhetoric in the Humanitarian Crisis on the U.s.-mexico Border |
117 West Virginia Law Review 1081 (Spring, 2015) |
I. Introduction. 1082 II. The Growth of Hate and Extremist Groups in the Southwest in the 1990s and Early 2000s. 1083 A. The 1990s: The Burgeoning Nativist Anti-Immigrant Movement in the Southwest. 1086 1. California Proposition 187. 1086 2. The Emergence of Nativist and Extremist Anti-Immigrant Groups. 1088 B. The 2000s: The Southwest Becomes the... |
2015 |
| Ingrid V. Eagly , Steven Shafer |
A National Study of Access to Counsel in Immigration Court |
164 University of Pennsylvania Law Review 1 (December, 2015) |
Although immigrants have a right to be represented by counsel in immigration court, it has long been the case that the government has no obligation to provide an attorney for those who are unable to afford one. Recently, however, a broad coalition of public figures, scholars, advocates, courts, and philanthropic foundations have begun to push for... |
2015 |
| Karla M. McKanders |
America's Disposable Youth: Undocumented Delinquent Juveniles |
59 Howard Law Journal 197 (Fall, 2015) |
INTRODUCTION. 198 I. CONSTRUCTING THE LEGAL SUBJECT: UNDOCUMENTED DELINQUENT YOUTH AND MULTIPLE LAYERS OF ILLEGALITY. 201 A. Layer One: The Undocumented Child and the Immigration System. 202 1. Rhetoric and the Othering of Immigrants. 204 2. Immigrant Children and Vulnerability. 207 B. Layer Two: State and Local Juvenile Delinquency Systems. 211... |
2015 |
| Eleanor Marie Lawrence Brown |
An Alternative View of Immigrant Exceptionalism, Particularly as it Relates to Blacks: a Response to Chua and Rubenfeld |
103 California Law Review 989 (August, 2015) |
The contrast between Amy Chua and Jed Rubenfeld's The Triple Package (Chua & Rubenfeld 2.0) and Chua's previous work, World on Fire (Chua 1.0), is striking. Chua & Rubenfeld 2.0 contends that particular ethnic and religious groups are spectacularly successful in the United States because of a triple package of traits that are largely cultural;... |
2015 |
| Angélica Cházaro |
Beyond Respectability: Dismantling the Harms of "Illegality" |
52 Harvard Journal on Legislation 355 (Summer 2015) |
Current pro-immigrant reform efforts focus on legalization. Proposals seek to place as many of the eleven million undocumented people in the United States as possible on a path to earned citizenship. However, these reform efforts suffer from a significant and underappreciated blind spot: the strategies used to advocate legalization harm those to... |
2015 |
| Rose Cuison Villazor |
Chae Chan Ping V. United States: Immigration as Property |
68 Oklahoma Law Review 137 (Fall, 2015) |
There is arguably no other case that is more familiar to immigration legal scholars than Chae Chan Ping v. United States. Chae Chan Ping, a Chinese laborer and long-term non-citizen resident of the United States found himself excluded at the border after a trip to China. Border officers denied him entry under an amendment to the Chinese Exclusion... |
2015 |
| |
Chapter Three Policing Immigrant Communities |
128 Harvard Law Review 1771 (April, 2015) |
José Antonio Elena Rodriguez was sixteen in October 2012 when a border patrol officer shot him repeatedly in the back and head. The officer--officials did not release his name for more than two years after the killing -- claimed José had thrown rocks at him from the Mexican side of the border. Prosecutors brought no charges. Anastasio Hernandez... |
2015 |
| Rose Cuison Villazor |
Citizenship for the Guest Workers of the Commonwealth of the Northern Mariana Islands |
90 Chicago-Kent Law Review 525 (2015) |
Much of the opposition to the passage of comprehensive immigration reform centers on provisions that would have provided undocumented immigrants with a path to citizenship. Senate Bill 744 (S. 744), the bipartisan bill that passed the U.S. Senate in June 2013, for example, included a provision that would have enabled millions of eligible... |
2015 |
| Vienna Flores |
Competing Paradigms of Immigrant Human Rights in America |
21 Law & Business Review of the Americas 459 (Fall 2015) |
GIVE me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door. These are the words chiseled onto the Statue of Liberty--the expression that has sculpted the free world; the promise carved into every... |
2015 |
| Annie Lai |
Confronting Proxy Criminalization |
92 Denver University Law Review 879 (2015) |
Though state laws that directly criminalize unlawful presence have been struck down in the wake of the Supreme Court's decision in Arizona v. United States, the criminalization of immigrants continues unabated. This Article examines one form of criminalization, criminalization by proxy, by which state and local governments are punishing conduct... |
2015 |
| Yolanda Vazquez |
Constructing Crimmigration: Latino Subordination in a "Post-racial" World |
76 Ohio State Law Journal 599 (2015) |
Over the last forty years, the concern over the relationship between noncitizens and criminality has reached epic proportions. Laws, policies, procedures, and rules have been developed, the immigration and criminal justice system have been employed, and billions of dollars have been spent towards detecting, detaining, prosecuting, and removing... |
2015 |
| Elizabeth L. Young |
Converging Systems: How Changes in Fact and Law Require a Reassessment of Suppression in Immigration Proceedings |
17 University of Pennsylvania Journal of Constitutional Law 1395 (May, 2015) |
Introduction. 1395 I. Lopez-Mendoza - Applying the Janis Test in immigration court. 1400 A. Background on Immigration Proceedings. 1402 B. Application of the Exclusionary Rule in Civil Proceedings: The Janis Test. 1406 II. Reassessing Social Cost and Deterrence Benefits. 1412 A. Nature of Immigration Proceedings. 1412 1. From Exclusion and... |
2015 |
| Paul Finkelman |
Coping with a New "Yellow Peril": Japanese Immigration, the Gentlemen's Agreement, and the Coming of World War Ii |
117 West Virginia Law Review 1409 (Spring, 2015) |
I. Introduction. 1409 II. Early Opposition to Immigration in a Continent of Immigrants. 1412 III. Hostility to Immigration from the Revolution to the Civil War. 1415 IV. Hostility to European Immigrants, 1880-1924. 1420 V. East Asian Immigration. 1421 VI. The New Yellow Peril: Japanese Immigration. 1426 VII. The Rise of Anti-Japanese Sentiment,... |
2015 |
| Kevin R. Johnson |
Crimmigration: Keynote Address Racial Profiling in the War on Drugs Meets the Immigration Removal Process: the Case of Moncrieffe V. Holder |
92 Denver University Law Review 701 (2015) |
Today, I want to discuss the Supreme Court's decision in Moncrieffe v. Holder. In analyzing that case, I will try to show how the criminal justice system of the United States, and its disparate treatment of racial minorities, contributes to the current racially disparate impacts in the immigration removal process. The Supreme Court's decision in... |
2015 |
| Juliet P. Stumpf |
D(e)volving Discretion: Lessons from the Life and Times of Secure Communities |
64 American University Law Review 1259 (June, 2015) |
The devolution of immigration authority to line officers, touted as a strength of the Secure Communities program, planted the seeds of the program's downfall. Rising from the ashes of Secure Communities, the Priority Enforcement Program (PEP) set priorities for removal and also unveiled a potential antidote to the devolution of agency discretion.... |
2015 |
| Peter Margulies |
Deferred Action and the Bounds of Agency Discretion: Reconciling Policy and Legality in Immigration Enforcement |
55 Washburn Law Journal 143 (Fall 2015) |
Although agencies rightly have discretion in interpreting statutes, that discretion does not extend to unraveling carefully crafted legislative compromises. In immigration law, Congress has for fifty years pursued a classic trope in the annals of legislative craft: liberalizing the law in certain respects, while strengthening enforcement in others.... |
2015 |
| Bridget Stubblefield |
Development in the Executive Branch Sanctuary Cities: Balancing Between National Security Directives, Local Law Enforcement Autonomy, and Immigrants' Rights |
29 Georgetown Immigration Law Journal 541 (Spring, 2015) |
On July 1, 2015, Kathryn Steinle was fatally shot while walking on San Francisco's Embarcadero after a gunman opened-fire on Pier 14. Authorities charged Juan Francisco Lopez-Sanchez, a Mexican national who was in the United States illegally, with Steinle's murder. Prior to Steinle's death, Lopez-Sanchez had been convicted of seven felonies and had... |
2015 |
| Gabriel J. Chin , Douglas M. Spencer |
Did Multicultural America Result from a Mistake? The 1965 Immigration Act and Evidence from Roll Call Votes |
2015 University of Illinois Law Review 1239 (2015) |
Between July 1964 and October 1965, Congress enacted the three most important civil rights laws since Reconstruction: The Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Immigration and Nationality Act Amendments of 1965. As we approach the 50th anniversary of these laws, it is clear that all three have fundamentally remade the... |
2015 |
| Rosemary A. Laughlin |
Divided Nation, Split Circuits: Keller V. City of Fremont Divides Circuits Regarding Preemption and Convolutes Immigration Law |
48 Creighton Law Review 371 (March, 2015) |
Immigration regulation is a polarizing topic for lawmakers in the United States. This issue is further exacerbated by the complexity of immigration law. Proponents of state and local immigration regulations cite discontent with the perceived lack of federal enforcement of immigration laws. In response, states and municipalities passed their own... |
2015 |
| Bianca Figueroa-Santana |
Divided We Stand: Constitutionalizing Executive Immigration Reform Through Subfederal Regulation |
115 Columbia Law Review 2219 (December, 2015) |
With Congress divided over comprehensive immigration reform, federal and subfederal actors have stepped into the breach. In 2012 and 2014, in an effort to counter congressional paralysis, President Barack Obama extended deferred action to millions of undocumented noncitizen children and their parents. In doing so, he reignited debates about the... |
2015 |
| Jason A. Cade |
Enforcing Immigration Equity |
84 Fordham Law Review 661 (November, 2015) |
Congressional amendments to the immigration code in the 1990s significantly broadened grounds for removal while nearly eradicating opportunities for discretionary relief. The result has been a radical transformation of immigration law. In particular, the constriction of equitable discretion as an adjudicative tool has vested a new and critical... |
2015 |
| Bill Ong Hing |
Ethics, Morality, and Disruption of U.s. Immigration Laws |
63 University of Kansas Law Review 981 (May, 2015) |
Immigrants and immigrant rights advocates knew we were in trouble when a Ku Klux Klan knight called for shooting unaccompanied children (UACs) arriving at the border and the Obama administration expedited removal proceedings of UACs and children arriving at the border with other family members. Indeed, the Loyal White Knights of the Klan advocate... |
2015 |
| Stewart Chang |
Feminism in Yellowface |
38 Harvard Journal of Law & Gender 235 (Summer 2015) |
Introduction. 235 I. Starting From the First Page: Historicizing Stereotypes of Asian Prostitutes in Early United States Immigration Policy. 239 II. Tonight I Will Be Miss Saigon . . . I'll Win a G.I. and Be Gone: Marriage Fraud and New Conceptions of Asian Prostitution in Twentieth Century Immigration Policy. 245 III. Confess, Repudiate,... |
2015 |
| Nathalie Martin |
Giving Credit Where Credit Is Due: What We Can Learn from the Banking and Credit Habits of Undocumented Immigrants |
2015 Michigan State Law Review 989 (2015) |
Undocumented immigrants currently make up more than 5% of the U.S. labor force and 7% of school-age children. Numbering over eleven million, undocumented immigrants unquestionably comprise a significant segment of the population, yet most lack financial security and stability on multiple fronts. In addition to the everyday risk of deportation, many... |
2015 |
| Anil Kalhan, School of Law, Drexel University |
Governing Immigration Through Crime: a Reader. By Julie A. Dowling and Jonathan Xavier Inda. Stanford University Press, 2013. 320 Pp. $29.95 Paperback |
49 Law and Society Review 292 (March, 2015) |
In Governing Immigration Through Crime, Julie A. Dowling and Jonathan Xavier Inda present an important collection of essays examining different ways in which the lines between immigration control and criminal law enforcement in the United States have blurred over the past two decades. As they explain in their introduction, the volume considers how... |
2015 |