Susan M. Akram , Maritza Karmely Immigration and Constitutional Consequences of Post-9/11 Policies Involving Arabs and Muslims in the United States: Is Alienage a Distinction Without a Difference? 38 U.C. Davis Law Review 609 (March, 2005) Introduction. 610 I. Dispelling the Myth: Targeting Arab and Muslim Citizens and Noncitizens Before and After September 11, 2001. 611 A. Pre-9/11 Policies Targeting Arabs and Muslims. 612 B. Post-9/11 Policies Targeting Arabs and Muslims. 620 1. Policies Immediately After 9/11 Directly Targeted Noncitizen Arabs and Muslims. 620 2. Legislation... 2005
Gerald L. Neuman Immigration and Judicial Review in the Federal Republic of Germany 23 New York University Journal of International Law & Politics 35 (Fall, 1990) In recent years, scholars have repeatedly questioned prevailing American constitutional doctrines concerning immigration and the rights of aliens, stressing the anomalous character of these doctrines within modern American constitutional practice. This anomaly arises on two levels: the plane of constitutional principle and the plane of judical... 1990
Lupe S. Salinas Immigration and Language Rights: the Evolution of Private Racist Attitudes into American Public Law and Policy 7 Nevada Law Journal 895 (Summer 2007) American history is replete with narrow-minded reactions to speaking languages other than English. The early settlers spoke primarily English; however, many colonists who arrived later spoke other European languages. Regardless, the new settlements inevitably became English-speaking communities. Their numbers and traditions dictated this result.... 2007
Kevin J. Fandl , Nicole Hallett, Christina J. Martin, Sabrina Damast, Amelia Steadman McGowan, Christopher N. Lasch Immigration and Naturalization 52 The Year in Review (ABA) 337 (2018) Our immigration law update for 2017 is particularly practical and controversial, given that it comes on the heels of a number of international crises as well as the inauguration of the Trump Administration, both of which dramatically affect immigration law. We begin with a look at the ongoing refugee crisis from Central America and U.S. actions to... 2018
David W. Austin, Qiang Bjornbak, Josh D. Friedman Immigration and Naturalization Law 45 International Lawyer 329 (Spring, 2011) One of the top ten domestic news stories of 2010 was Arizona's attempts to deal with immigration and lawsuits that followed the passage of S.B. 1070. Although S.B. 1070 is a local measure, it epitomized the tension that underlies local attempts to enforce and influence federal immigration policy. The conflict between state and national approaches... 2011
Michael Blake Immigration and Political Equality 45 San Diego Law Review 963 (November/December 2008) The act of immigration alters several forms of human relationship simultaneously. It represents a change in physical location and so alters the relationship between persons represented by geographic concepts such as territory and property. In immigrating, immigrants acquire a new place in the world that they may understand, in some sense of the... 2008
Karla M. McKanders IMMIGRATION AND RACIAL JUSTICE: ENFORCING THE BORDERS OF BLACKNESS 37 Georgia State University Law Review 1139 (Summer, 2021) Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking to halt the blackening and browning of America. This Article engages with the impact of immigration enforcement at the... 2021
Theresa Alfaro-Velcamp, Robert H. McLaughlin Immigration and Techniques of Governance in Mexico and the United States: Recalibrating National Narratives Through Comparative Immigration Histories 29 Law and History Review 573 (May, 2011) There is need of a broader treatment of American history, to supplement the purely nationalistic presentation to which we are accustomed. Immigration histories typically endeavor to describe and hold a nation-state accountable not only for the laws and policies by which it admits some immigrants, but also for those by which it refuses, excludes, or... 2011
Ediberto Roman Immigration and the Allure of Inclusion 35 Seton Hall Law Review 1349 (2005) The legal predicament of Victor Navorski is a classic tale of a man without a country and is unfortunately replete with metaphors for the plight of immigrants to this land. Navorski's saga begins when he is detained at the border of the United States, which in his case is at one of New York City's airports. He is legally unable to leave his port of... 2005
Jennifer M. Chacón Immigration and the Bully Pulpit 130 Harvard Law Review Forum 243 (May, 2017) One evening in early February, I sat in a nondescript hall in a local community center in a Southern California city. This city is over seventy-five percent Latino, and a sizable population of unauthorized immigrants live and work alongside U.S. citizens here. In addition to inflicting widespread emotional pain, full enforcement of the nation's... 2017
Cristina M. Rodríguez Immigration and the Civil Rights Agenda 6 Stanford Journal of Civil Rights & Civil Liberties 125 (April, 2010) I. Introduction. 125 II. The Civil Rights Paradigm. 127 A. Civil Rights as Incorporation. 128 B. Incorporation as Out of Reach. 130 III. The Mutual Benefit and Rule of Law Alternatives. 132 A. Mutual Benefit and Pragmatism. 132 B. The Rule of Law and Proportionality. 135 IV. Conclusion. 145 2010
Louis Henkin Immigration and the Constitution: a Clean Slate 35 Virginia Journal of International Law 333 (Fall, 1994) For post-prandial remarks, at this conference, I have decided to address only a huge subject, to talk only about what you already know, and to invite you to join me in a perhaps-quixotic battle. The title of my remarks is Immigration and the Constitution: A Clean Slate. For many of you, this title will ring bells. Many of you will recall the... 1994
Kai Bartolomeo Immigration and the Constitutionality of Local Self Help: Escondido's Undocumented Immigrant Rental Ban 17 Southern California Review of Law & Social Justice 855 (Summer 2008) And they had hoped to find a home, and they found only hatred. -John Steinbeck The City of Escondido sits about eighteen miles east of the California coast, just north of the heart of San Diego County. Once the home of ranches, farms and citrus groves, Escondido now has all the benefits of city living. In the words of City promoters, Escondido... 2008
George A. Martínez Immigration and the Meaning of United States Citizenship: Whiteness and Assimilation 46 Washburn Law Journal 335 (Winter 2007) At the outset of the twenty-first century, United States immigration policy has become one of the most pressing issues of our time. In recent years, we have witnessed, among other things, calls for dramatically restricting immigration in light of an alleged threat to American national identity, increased border enforcement associated with thousands... 2007
Leila Higgins Immigration and the Vulnerable Worker: We Built this Country on Cheap Labor 3 American University Labor & Employment Law Forum 522 (2013) In early 2012, the Department of Labor took an unexpected step in support of immigrant workers, changing the way H-2B visas are issued to make it harder both to hire and to exploit immigrant workers. The changes in regulation were the result of years of hard work by advocates for both Union workers, and immigrants. However, by the end of the summer... 2013
Howard F. Chang Immigration and the Workplace: Immigration Restrictions as Employment Discrimination 78 Chicago-Kent Law Review 291 (2003) I. The Liberal Ideal and the Cosmopolitan Perspective. 295 A. Immigration Restrictions and Global Economic Welfare. 296 B. Justice and the Alien. 298 II. Immigration Restrictions and National Economic Welfare. 303 A. Effects of Immigration in the Labor Market. 304 1. Effects on Native Workers: Empirical Evidence. 305 2. Income Distribution and the... 2003
Michael T. Light , Isabel Anadon Immigration and Violent Crime: Triangulating Findings Across Diverse Studies 103 Marquette Law Review 939 (Spring, 2020) The dramatic increase in both lawful and unauthorized immigration in recent decades produced a groundswell of research on two questions: (1) Does immigration increase violent crime? and (2) What policy responses are most effective at addressing unauthorized immigration (e.g., sanctuary policies, deportations, etc.)? For the most part, these bodies... 2020
Hiroshi Motomura Immigration and We the People after September 11 66 Albany Law Review 413 (2003) Immigration and citizenship issues are part of a larger discussion about how America should respond to the terrorist attacks of September 11, 2001. At the same time, how America should respond to terrorism is part of a larger discussion of immigration and citizenship issues. Both of these discussions are part of an ongoing conversation about... 2003
Jill Keblawi Immigration Arrests by Local Police: Inherent Authority or Inherently Preempted? 53 Catholic University Law Review 817 (Spring, 2004) As a result of the terrorist attacks on September 11, 2001, President George W. Bush's Administration has used immigration policy as its primary weapon in terrorist prevention. Because there are only two thousand federal immigration agents and an estimated eight million undocumented immigrants, this Administration has encouraged the nation's... 2004
Jennifer Gordon Immigration as Commerce: a New Look at the Federal Immigration Power and the Constitution 93 Indiana Law Journal 653 (Summer, 2018) Introduction. 654 I. The Evolution and Impact of the Plenary Power Doctrine. 659 II. The Commerce Clause as a Source of the Immigration Power. 671 A. The Lost Source: The Foreign Commerce Clause. 671 B. A New Source: The Interstate Commerce Clause. 681 The Modern Jurisprudence of the Interstate Commerce Clause. 681 III. The Argument for Rooting the... 2018
Matthew J. Lindsay Immigration as Invasion: Sovereignty, Security, and the Origins of the Federal Immigration Power 45 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (Winter 2010) This Article offers a new interpretation of the modern federal immigration power. At the end of the nineteenth century, the Supreme Court and Congress fundamentally transformed the federal government's authority to regulate immigration, from a species of commercial regulation firmly grounded in Congress's commerce authority, into a power that was... 2010
Rick Su Immigration as Urban Policy 38 Fordham Urban Law Journal 363 (November, 2010) Immigration has done more to shape the physical and social landscape of many of America's largest cities than almost any other economic or cultural force. Indeed, immigration is so central to urban development in the United States that it is a wonder why immigration is not explicitly discussed as an aspect of urban policy. Yet in the national... 2010
Peter H. Schuck Immigration at the Turn of the New Century 33 Case Western Reserve Journal of International Law L. 1 (Winter, 2001) Migration is perhaps the most insistent world phenomenon of our age. The propensity to migrate in search of a better life has always been among the most powerful of human drives, and perhaps never more than today. Migration theorists attempting to explain population movements often distinguish between so-called push and pull factors. Before the... 2001
David S. Rubenstein Immigration Blame 87 Fordham Law Review 125 (October, 2018) This Article provides the first comprehensive study of blame in the U.S. immigration system. Beyond blaming migrants, we blame politicians, bureaucrats, and judges. Meanwhile, these players routinely blame each other, all while trying to avoid being blamed. As modeled here, these dynamics of immigration blame have catalyzing effects on the... 2018
Manuel D. Vargas Immigration Consequences of Guilty Pleas or Convictions 30 New York University Review of Law and Social Change 701 (2006) The immigration consequences of a guilty plea or conviction in a New York court have increased dramatically in recent years. This is because in recent years the U.S. Congress has several times amended the federal immigration laws--in particular in 1996 when it enacted the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal... 2006
Kate Evans Immigration Detainers, Local Discretion, and State Law's Historical Constraints 84 Brooklyn Law Review 1085 (Summer, 2019) The Trump administration assumed office armed with promises to eradicate unlawful immigration through an all-out assault. There would be no exceptions; everyone was a priority. The administration equated migrants with criminals in statement after statement. President Obama's [f]elons not families became a rallying cry for the Trump administration... 2019
Pedro Gerson IMMIGRATION DETENTION AS AN OBSTACLE TO DECARCERATION 58 San Diego Law Review 535 (August-September, 2021) C1-2Table of Contents 535 I. Introduction. 536 II. Incarceration in the United States. 543 A. The Push Against Criminal Incarceration. 543 B. The Rise of Immigration Detention in the United States. 553 III. Can the Immigrant Replace the Inmate?. 556 A. The Role of Crimmigration. 557 B. The Possibility of Increasing Immigration Detention.... 2021
César Cuauhtémoc García Hernández Immigration Detention as Punishment 61 UCLA Law Review 1346 (June, 2014) Courts and commentators have long assumed, without significant analysis, that immigration detention is a form of civil confinement merely because the immigration proceedings of which it is part are deemed civil. This Article challenges that deeply held assumption. It harnesses the U.S. Supreme Court's instruction that detention's civil or penal... 2014
Elizabeth Hannah IMMIGRATION DETENTION IS NEVER "PRESUMPTIVELY REASONABLE": STRENGTHENING PROTECTIONS FOR IMMIGRANTS WITH FINAL REMOVAL ORDERS 65 Arizona Law Review 505 (Summer, 2023) Immigration detention is a central feature of the United States' immigration system. Noncitizens facing removal are detained in staggering numbers throughout the removal process, from the initiation of legal proceedings to the issuance of a final removal order. Moreover, as the U.S. government's reliance upon immigration detention has grown, the... 2023
Jennifer J. Lee IMMIGRATION DISOBEDIENCE 111 California Law Review 71 (February, 2023) The immigration system operates through the looming threat of the arrest, detention, and removal of immigrants from the United States. Indiscriminate immigrant arrests result in family separation. Immigrants languish in carceral facilities for months or even years. For most undocumented immigrants, there is no available pathway to citizenship. To... 2023
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
Sameer M. Ashar Immigration Enforcement and Subordination: the Consequences of Racial Profiling after September 11 34 Connecticut Law Review 1185 (Summer, 2002) I appreciate the opportunity offered by this Symposium to reflect on the questions raised by immigration enforcement activities undertaken since the September 11 attacks. Like many others in New York and elsewhere, the shock of the collapse of the World Trade Center towers caused me to lose sensation in some part of myself. The spate of hate crime... 2002
Karla Mari McKanders Immigration Enforcement and the Fugitive Slave Acts: Exploring Their Similarities 61 Catholic University Law Review 921 (Fall, 2012) I. Comparing the Fugitive Slave Acts and Prjgg v. Pennsylvania's Contribution to Immigration Law and Policy. 925 A. 1789 Fugitive Slave Clause and the 1793 Fugitive Slave Act. 925 B. State Personal Liberty Laws. 927 C. Prigg v. Pennsylvania and the 1850 Fugitive Slave Act. 929 D. The Impact of the Fourteenth Amendment's Reconstruction Clause on the... 2012
Marie A. Taylor Immigration Enforcement Post-september 11: Safeguarding the Civil Rights of Middle Eastern-american and Immigrant Communities 17 Georgetown Immigration Law Journal 63 (Fall, 2002) The terrorist attacks of September 11, 2001 caused untold suffering and resulted in the loss of thousands of lives. They will almost certainly be remembered as one of the worst tragedies experienced by the United States. In the wake of the attacks fear and outrage gripped the nation. With much popular support, the Bush administration and a... 2002
Pratheepan Gulasekaram IMMIGRATION ENFORCEMENT PREEMPTION 84 Ohio State Law Journal 535 (2023) The Supreme Court's 2012 decision, Arizona v. United States, turned back the most robust and brazen state regulation of immigration in recent memory, striking down several provisions of Arizona's omnibus enforcement law. Notably, the Court did not limit preemption inquiries to conflicts between the state law and congressional statutes. The Court... 2023
David S. Rubenstein, Pratheepan Gulasekaram Immigration Exceptionalism 111 Northwestern University Law Review 583 (2017) Abstract--The Supreme Court's jurisprudence is littered with special immigration doctrines that depart from mainstream constitutional norms. This Article reconciles these doctrines of immigration exceptionalism across constitutional dimensions. Historically, courts and commentators have considered whether immigration warrants exceptional... 2017
Virgil Wiebe Immigration Federalism in Minnesota: What Does Sanctuary Mean in Practice? 13 University of Saint Thomas Law Journal 581 (Fall, 2017) Introduction. 582 I. What is Sanctuary?. 583 II. The Home as Sanctuary--The Limits to One's Castle. 585 III. Houses of Worship--The Quintessential Sanctuaries. 588 A. The Sanctuary Movement of the 1980s in Minnesota. 589 B. The New Sanctuary Movement in Minnesota. 591 C. Legal Issues Facing Sanctuary Congregations. 593 IV. Schools, Colleges, and... 2017
Pratheepan Gulasekaram , S. Karthick Ramakrishnan Immigration Federalism: a Reappraisal 88 New York University Law Review 2074 (December, 2013) This Article identifies how the current spate of state and local regulation is changing the way elected officials, scholars, courts, and the public think about the constitutional dimensions of immigration law and governmental responsibility for immigration enforcement. Reinvigorating the theoretical possibilities left open by the Supreme Court in... 2013
Michael Maggio, Larry S. Rifkin, Sheila T. Starkey Immigration Fundamentals for International Lawyers 13 American University International Law Review 857 (1998) HISTORY, POLICY, AND FUNDAMENTALS OF U.S. IMMIGRATION LAW. 858 Presentation by Michael Maggio I. Introduction. 858 II. Policy Themes of United States Immigration Law. 861 III. Basic History of United States Immigration Law. 862 IV. Deportation for Criminal Offenses. 866 V. Non-Immigrant Visas. 868 VI. Green Cards. 876 TEMPORARY WORK VISAS. 880... 1998
Robin Jacobson Immigration in Between 52 Tulsa Law Review 529 (Spring, 2017) Hiroshi Motomura, Immigration Outside the Law (Oxford University Press 2014) Pp. 360. Hardcover $31.95. Natalia Molina, How Race is Made in America: Immigration, Citizenship, and the Historical Power of Racial Scripts (University of California Press 2014) Pp. 232. Hardcover $65.00. Paperback $27.95. Systems of immigration are not simply national... 2017
Engy Abdelkader Immigration in the Era of Trump: Jarring Social, Political, and Legal Realities 44 Harbinger 76 (4/24/2020) In 2020, immigration is proving to be an election year issue. The Trump reelection campaign is strategically leveraging it as a political narrative to win votes while further polarizing an already fractured nation along ideological and partisan lines. Indeed, a review of related public opinion surveys may prove illuminating on this score. According... 2020
Kevin R. Johnson Immigration in the Supreme Court, 2009-13: a New Era of Immigration Law Unexceptionalism 68 Oklahoma Law Review 57 (Fall, 2015) Introduction. 58 I. The 2009 Term. 66 A. Padilla v. Kentucky: Ineffective Assistance of Counsel Based on Immigration Advice. 66 B. Carachuri-Rosendo v. Holder: Removal for Misdemeanor Drug Possession. 71 C. Kucana v. Holder: Judicial Review of Motions to Reopen. 75 II. The 2010 Term. 77 A. Chamber of Commerce v. Whiting: Federal Preemption of a... 2015
Bianca N. DiBella , Michael C. Duffey IMMIGRATION LAW 74 Mercer Law Review 1465 (Summer, 2023) This Article surveys cases from the United States Court of Appeals for the Eleventh Circuit from January 1, 2022 through December 31, 2022, in which immigration law was a central focus of the case. The Article begins with a discussion of cases addressing procedural and jurisdictional issues and the interpretation of decisions by lower and state... 2023
Hiroshi Motomura Immigration Law after a Century of Plenary Power: Phantom Constitutional Norms and Statutory Interpretation 100 Yale Law Journal 545 (December, 1990) I. Plenary Power as Constitutional Law A. Classical Immigration Law B. Plenary Power in the Early Modern Era II. Phantom Norms, Statutory Interpretation, and Constitutional Change A. Constitutional Norms and Statutory Interpretation B. The Emergence of Phantom Norm Decisionmaking in Immigration Law C. Constitutional Change: From Phantom Norms to... 1990
Maria Jockel , Principal, Russell Kennedy Pty Ltd. Immigration Law and Enforcement in Australia 2009 Aspatore 4861184 (December, 2009) Immigration law in Australia continues to be a fundamental part of nation building. As a relatively young nation, Australia has continued to rely on its immigration laws and policies to meet the policies and priorities of the government of the day. The Australian Constitution at Section 51(xix) gives the Commonwealth Parliament of Australia the... 2009
Sandra Guerra Thompson Immigration Law and Long-term Residents: a Missing Chapter in American Criminal Law 5 Ohio State Journal of Criminal Law 645 (Spring, 2008) I am a criminal law professor. I know about penal codes, police practices, sentencing, and the use of incarceration to punish criminals. Like most criminal law professors, I know precious little about American immigration law. I have always considered it to be a different part of the law school curriculum, and one that had little, if anything, to... 2008
Geoffrey Heeren IMMIGRATION LAW AND SLAVERY: RETHINKING THE MIGRATION OR IMPORTATION CLAUSE 2023 Wisconsin Law Review 1125 (2023) The origins of immigration law are deeply connected to slavery. An examination of that connection calls the constitutional foundation for immigration law into question, alters the calculus for judicial review of federal immigration action, reframes our understanding of federalism, and lays bare the nation's exploitative dependence on immigrant... 2023
John A. Scanlan Immigration Law and the Illusion of Numerical Control 36 University of Miami Law Review 819 (September, 1982) When I began work on this article, at home, I had hoped to quote a legal realist, but instead managed to find only a few lines out of Yeats: Civilisation is hooped together, brought Under a rule, under the semblance of peace By manifold illusion. This proves, I guess, that it is dangerous to try to research a difficult legal question in the privacy... 1982
Nancy Morawetz , Natasha Fernández-Silber Immigration Law and the Myth of Comprehensive Registration 48 U.C. Davis Law Review 141 (November, 2014) This Article identifies an insidious misconception in immigration law and policy: the myth of comprehensive registration. According to this myth -- proponents of which include members of the Supreme Court, federal and state officials, and commentators on both sides of the immigration federalism debate--there exists a comprehensive federal alien... 2014
Stephen Shie-Wei Fan Immigration Law and the Promise of Critical Race Theory: Opening the Academy to the Voices of Aliens and Immigrants 97 Columbia Law Review 1202 (May, 1997) As a movement, critical race theory endeavors to account for the voices of people of color by exploring the systemic and pervasive nature of racism in society, and by scrutinizing the ways in which current rights jurisprudence fails to attend fully to the ubiquity of racialized attitudes both in society at large and within the legal system itself.... 1997
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