Michael J. Wishnie Immigration Law and the Proportionality Requirement 2 UC Irvine Law Review 415 (February, 2012) I. Proportionality Review Outside Immigration Law. 418 II. Proportionality Review in Immigration Law. 424 A. Removal as a Punitive Sanction. 425 1. Removal of Permanent Residents. 427 2. Removal of Non-LPRs. 428 B. Re-entry Bars as a Punitive Sanction. 431 C. Case-by-Case Proportionality Review in Immigration Cases. 435 D. Categorical... 2012
Kerry Abrams Immigration Law and the Regulation of Marriage 91 Minnesota Law Review 1625 (June, 2007) Introduction. 1626 I. Marriage and Immigration Law. 1633 A. Marriage as a Central Organizing Principle. 1634 B. Congress's Plenary Power to Regulate Immigration. 1638 II. Regulating Courtship. 1647 A. Family Law and Courtship. 1647 B. Immigration Law and Courtship. 1650 1. Fiancé Visas. 1650 2. The International Marriage Broker Regulation Act. 1653... 2007
Wendy E. Parmet Immigration Law as a Social Determinant of Health 92 Temple Law Review 931 (Summer, 2020) Public health research demonstrates that population health is shaped in large measure by numerous social factors, widely known as the social determinants of health. This Essay argues that immigration law acts as a social determinant that affects the health of both noncitizens and citizens. Looking at several of the Trump administration's regulatory... 2020
Cecilia Menjívar Immigration Law Beyond Borders: Externalizing and Internalizing Border Controls in an Era of Securitization 10 Annual Review of Law and Social Science 353 (2014) borders, enforcement, immigration This review focuses on the enactment of borders beyond the physical demarcation of the nation, to encompass the entire migratory process, with particular attention to practices in the United States and the European Union. It addresses the twin processes of the externalization (outsourcing) and internalization... 2014
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
Kevin R. Johnson IMMIGRATION LAW LESSONS FROM DEPORTED AMERICANS: LIFE AFTER DEPORTATION TO MEXICO 50 Southwestern Law Review 305 (2021) The last few years saw deeply troubling developments in U.S. immigration law and enforcement. The Obama administration annually removed hundreds of thousands of noncitizens from the United States, which earned the President the unflattering nickname of Deporter in Chief. After making immigration enforcement the cornerstone of his 2016... 2021
Jan Ting Immigration Law Reform after 9/11: What Has Been and What Still Needs to Be Done 17 Temple International and Comparative Law Journal 503 (Fall 2003) So here we are, eighteen months after the terrorist attacks of September 11, 2001 (9/11), and the most significant event of the past eighteen months is what did not happen. The United States has not experienced another terrorist attack on the scale of 9/11. Would any of us have dared to so predict eighteen months ago? Why have we experienced no... 2003
María Pabón López , Roxana A. Davis Immigration Law Spanish-style Ii: Spain's Voluntary Immigrant Return Plan and the New Push for Circular Migration 25 Temple International and Comparative Law Journal 79 (Spring 2011) I. Introduction. 80 II. Overview of Spain's Immigration Law and its Latest Reform. 82 III. Spain's Economic Crisis and its Impact on Immigrants. 85 A. The Spanish Economy and the Global Crisis. 85 B. The Impact of the Crisis on Immigrants. 86 1. Unemployment. 86 2. Poverty. 87 3. Increased Reliance on the Informal Economy. 88 4. Greater... 2011
Michael A. Olivas Immigration Law Teaching and Scholarship in the Ivory Tower: a Response to Race Matters 2000 University of Illinois Law Review 613 (2000) Why does one write? Why does one respond to another's writing? What sources does one consult and cite as influences? In Race Matters: Immigration Law and Policy Scholarship, Law in the Ivory Tower, and the Legal Indifference of the Race Critique, Professor Kevin Johnson offers an interesting and provocative response to these and other key questions... 2000
Kitty Calavita Immigration Law, Race, and Identity 3 Annual Review of Law and Social Science Sci. 1 (2007) ethnicity, naturalization, exclusion, Hurricane Katrina This review examines the scholarship at the intersection of immigration law, race, and identity. Historically, much of the literature has focused on the ways immigration law has constructed, and been constructed by, racial categories. I argue that African American racialization has been a... 2007
Shalini Bhargava Ray IMMIGRATION LAW'S ARBITRARINESS PROBLEM 121 Columbia Law Review 2049 (November, 2021) Despite deportation's devastating effects, the Immigration and Nationality Act (INA) specifies deportation as the penalty for nearly every immigration law violation. Critics have regularly decried the INA's lack of proportionality, contending that the penalty often does not fit the offense. The immigration bureaucracy's implementation of the INA,... 2021
Richard Klein Immigration Laws as Instruments of Discrimination: Legislation Designed to Limit Chinese Immigration into the United Kingdom 7 Touro International Law Review Rev. 1 (Spring 1997) C1-2CONTENTS INTRODUCTION. 2 I. A COMPARATIVE PERSPECTIVE. 5 A. France: Legislation Relating to Immigration from the Former French Colonies. 6 B. Germany: Immigration, Citizenship and Naturalization of the Non-European Immigrant. 15 II. THE INTRODUCTION OF LEGISLATION TO RESTRICT IMMIGRATION TO GREAT BRITAIN. 17 A. The Treatment of the Chinese. 17... 1997
Peter Margulies IMMIGRATION LAW'S BOUNDARY PROBLEM: DETERMINING THE SCOPE OF EXECUTIVE DISCRETION 74 Hastings Law Journal 679 (February, 2023) In immigration law, executive discretion has become contested terrain. Courts, officials, and scholars have rarely distinguished between regulatory discretion, which facilitates exclusion and removal of noncitizens, and protective discretion, which safeguards noncitizens' reliance interests. Moreover, courts have long discerned an internal-external... 2023
Carrie Rosenbaum Immigration Law's Due Process Deficit and the Persistence of Plenary Power 28 Berkeley La Raza Law Journal 118 (2018) INTRODUCTION. 119 I. Detention of Asylum Seekers. 120 II. Substantive Due Process Rights of Noncitizens. 125 A. Zadvydas v. Davis and Clark v. Martinez. 126 1. Zadvydas v. Davis. 126 2. Clark v. Martinez. 128 B. Rodriguez-Fernandez v. Wilkinson. 129 C. Demore v. Kim. 130 D. Jennings v. Rodriguez. 132 III. R.I.L-R--Substantive Due Process Asylum... 2018
Michael Kagan Immigration Law's Looming Fourth Amendment Problem 104 Georgetown Law Journal 125 (November, 2015) C1-2Table of Contents Introduction. 126 I. Canary in the Coal Mine: The Trouble with ICE Detainers. 130 II. Foundations of a Parallel Universe. 135 a. plenary power, not enumerated power. 135 b. the civil-criminal distinction. 137 c. the normalization of unrestrained immigration authority. 139 III. The Decline of the Parallel Universe. 142 a.... 2015
Fatma Marouf IMMIGRATION LAW'S MISSING PRESUMPTION 111 Georgetown Law Journal 983 (May, 2023) The presumption of innocence is a foundational concept in criminal law but is completely missing from quasi-criminal immigration proceedings. This Article explores the relevance of a presumption of innocence to removal proceedings, arguing that immigration law has been designed and interpreted in ways that disrupt formulating any such presumption... 2023
Ruchir Patel Immigration Legislation Pursuant to Threats to Us National Security 32 Denver Journal of International Law and Policy 83 (Winter 2003) This article will examine the United States' immigration legislation in the face of threats to national security. Throughout history foreign enemies have threatened the American way of life, from the Germans in World War I, to the spread of Communism, to the current threat of terrorism. As history has demonstrated, the U.S. has taken drastic... 2003
Hiroshi Motomura Immigration Outside the Law 108 Columbia Law Review 2037 (December, 2008) In current debates about undocumented or illegal immigration, three themes have emerged as central: the meaning of unlawful presence, the role of states and cities, and the integration of immigrants. This Essay's starting premise is that a reappraisal of these themes is essential to a conceptual roadmap of this difficult area of law and policy.... 2008
Stephen Lee Immigration Outside the Law. By Hiroshi Motomura. New York, N.y.: Oxford University Press. 2014. Pp. 338. $29.95 128 Harvard Law Review 1405 (March, 2015) Immigration law has become unmerciful. Perhaps it has always been this way, but thanks to Professor Hiroshi Motomura, at least we know that it wasn't always only this way. Motomura's 2006 book, Americans in Waiting, explored a prior era in which arriving immigrants were welcomed so long as they declared their intention to naturalize and become... 2015
Nathan Harris Immigration Policies in America: Unfriendly and Destroying the Agriculture Industry? 4 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 195 (2011-2012) On April 23, 2010, the Arizona State Legislature sent shockwaves through many American communities when it enacted SB 1070, a bill intended to aid in enforcing federal immigration laws within Arizona's borders. In 2008, two years prior to enacting SB 1070, the Arizona legislature adopted HB 2745, known as the Legal Arizona Workers Act. The Act... 2012
Bill Ong Hing Immigration Policies: Messages of Exclusion to African Americans 37 Howard Law Journal 237 (Winter, 1994) To many African Americans, the Coast Guard's interdiction and forced reversal of boats carrying Haitian refugees is a racist act directed at people of African descent. Until recently, this perception of racism in the application of U.S. immigration policies was reinforced by the contrasting news of planeloads and boatloads of Cuban refugees being... 1994
Anil Kalhan Immigration Policing and Federalism Through the Lens of Technology, Surveillance, and Privacy 74 Ohio State Law Journal 1105 (2013) I. Introduction. 1106 II. The Evolution of State and Local Immigration Policing. 1111 A. Unilateral State and Local Initiatives. 1111 B. Cooperative Federalism and Immigration Policing. 1115 C. The Emerging Immigration Federalism Equilibrium. 1120 III. The Emergence of Automated Immigration Policing. 1122 A. NCIC Immigration Violators File. 1122 B.... 2013
Matthew Lindauer, Brooklyn College, cuny, Australian National University, Immigration Policy and Identification Across Borders 12 Journal of Ethics & Social Philosophy 280 (December, 2017) Immigration policies can express disrespect for members of society, nonmembers, or both. Proponents of the traditional state sovereignty view on immigration have generally held that only policies in the first and third categories could be moral wrongs--it is morally regrettable, perhaps, but not morally impermissible for a state to implement... 2017
Adela de la Torre, Ph.D., Julia Mendoza Immigration Policy and Immigration Flows: a Comparative Analysis of Immigration Law in the U.s. and Argentina 3 Modern American 46 (Summer-Fall, 2007) Lawyers and policy experts within the Latino community need to foster cultural responsibility for immigration reform by participating in the policy dialogue. Although Latino lawyers do not represent the broad American population, they do represent American communities that have been discriminated against because of their cultural and racial... 2007
Lawrence H. Fuchs Immigration Policy and the Rule of Law 44 University of Pittsburgh Law Review 433 (Winter, 1983) There are few issues which cut as deeply into the emotions of Americans as immigration. That is why comprehensive, fundamental reform of immigration policy occurs infrequently. Vast revisions of immigration policy must await the development of a wide consensus before Congress will agree to their enactment. Such reforms have occurred two to four... 1983
Juan F. Perea Immigration Policy as a Defense of White Nationhood 12 Georgetown Journal of Law & Modern Critical Race Perspectives Persp. 1 (Spring, 2020) C1-3Table of Contents I. The Framers' Wish for a White America. 3 II. The Cycles of Mexican Expulsion. 5 III. Deportation and Mass Expulsion: Social Control to Keep America White. 11 2020
Yehiel S. Kaplan Immigration Policy of Israel: the Unique Perspective of a Jewish State 31 Touro Law Review 1089 (2015) Israel was established in an attempt to create a shelter for Jews in the Diaspora. The Law of Return was enacted several years after the end of the Second World War. The Israeli legislature assumed that since Jews have suffered harsh persecutions and anti-Semitism throughout history, as a minority group, it is legitimate to discriminate in favor of... 2015
Howard F. Chang Immigration Policy, Liberal Principles, and the Republican Tradition 85 Georgetown Law Journal 2105 (July, 1997) In Democracy's Discontent, Michael Sandel advances two primary theses: one is descriptive, the other is normative. First, Sandel claims that as a descriptive matter, the United States is a procedural republic, in which [t]he political philosophy by which we live is a certain version of liberal political theory. Second, he urges as a normative... 1997
Bill Ong Hing Immigration Policy: Thinking Outside the (Big) Box 39 Connecticut Law Review 1401 (May, 2007) Wal-Mart and other large U.S. companies have run afoul of employer sanctions laws against the hiring of undocumented workers. In order to understand why undocumented workers are so willing to take low-paying U.S. jobs, we need to understand why undocumented workers from Mexico are so readily available, the history of labor migration from Mexico,... 2007
John Linarelli Immigration Politics and Sovereignty: National Responses to "Bad" Aliens 88 American Society of International Law Proceedings 439 (April 6-9, 1994) The panel was convened at 2:30 p.m., Friday, April 8, by its Chair, Karen Engle, who introduced the panelists: Linda Bosniak, Rutgers Law School, Camden; Jean Manas, European Law Research Center, Harvard Law School; Harold Hongju Koh, Yale Law School; and Stacy Brustin, Columbus School of Law, The Catholic University of America. In 1987, Professor... 1994
Lucas Guttentag Immigration Preemption and the Limits of State Power: Reflections on Arizona V. United States 9 Stanford Journal of Civil Rights & Civil Liberties Liberties 1 (January, 2013) Introduction. 1 I. Background. 3 A. The Long Drought. 3 B. S.B. 1070 and the Courts. 7 C. Arizona v. United States. 10 1. Police Inquiries: Limiting Section 2B. 13 2. Federal Control: Foreign Policy and Executive Enforcement Discretion. 15 II. Implications: Restricting State Immigration Enforcement Power. 19 A. Rejecting Inherent Authority. 19 1.... 2013
Daniel I. Morales Immigration Reform and the Democratic Will 16 University of Pennsylvania Journal of Law and Social Change 49 (2013) The character of the American immigration regime has remained remarkably stable over many decades. It changes, to be sure, sometimes granting migrants benefits and at other moments cracking down. However, the broad trend is unmistakable: immigration law and the way it is implemented is increasingly harsh and inhumane. This article argues that this... 2013
Bill Piatt , Ryan Professor of Law Immigration Reform from the Outside in 10 Scholar: St. Mary's Law Review on Minority Issues 269 (Symposium 2008) I. Introduction. 270 II. Historical Extremes. 271 III. Contemporary Extreme Positions. 277 A. Closed Border Approach. 278 B. Open Border Plus Amnesty. 280 IV. Moving Inward. 282 A. Why do People Want to come to the United States?. 282 B. What Impact do New Arrivals Have on the Economy?. 282 C. What Would be the Costs and Benefits of Attempting to... 2008
Rachel Chernov IMMIGRATION REFORM IN REFUGEE AND ASYLUM POLICY: DISENTANGLING IMMIGRATION FROM THE NATIONAL SECURITY DISCOURSE 44 Fordham International Law Journal 1029 (April, 2021) After September 11, 2001, a large-scale overhaul of existing US immigration infrastructure fused immigration with the country's national security apparatus. Enhanced national security efforts became characterized by increased immigration enforcement and were purportedly justified by government officials' rhetoric portraying newcomers as a threat to... 2021
Kevin R. Johnson , Bernard Trujillo Immigration Reform, National Security after September 11, and the Future of North American Integration 91 Minnesota Law Review 1369 (May, 2007) Ostensibly to meet the challenge of terrorism after September 11, 2001, but also to soothe the nerves of a tense public, the legal terrain surrounding what can be done in the name of national security changed dramatically in the United States over the last five years. Government, and the public, quickly became ready and willing to trade off civil... 2007
Lucas Guttentag Immigration Reform: a Civil Rights Issue 3 Stanford Journal of Civil Rights & Civil Liberties 157 (August, 2007) Introduction. 157 The Civil Rights Perspective. 158 Legalization and Judicial Review. 161 Conclusion. 163 2007
Lamar Smith , Edward R. Grant Immigration Reform: Seeking the Right Reasons 28 Saint Mary's Law Journal 883 (1997) I. Introduction. 883 II. Six Principles for Guiding Immigration Reform. 893 A. The Human Face of Immigration. 893 B. Setting Immigration Policy in the National Interest. 899 C. Ending the Bifurcated Treatment of Legal Immigration and Illegal Migration. 906 D. Enforcing the Law Against Illegal Immigration: A Fresh Start. 913 E. Removing the... 1997
Medha D. Makhlouf , Patrick J. Glen IMMIGRATION REFORMS AS HEALTH POLICY 15 Saint Louis University Journal of Health Law & Policy 275 (2022) The 2020 election, uniting control of the political branches in the Democratic party, opened up a realistic possibility of immigration reform. Reform of the immigration system is long overdue, but in pursuing such reform, Congress should cast a broad net and recognize the health policies embedded in immigration laws. Some immigration laws undermine... 2022
Rebecca A. Hufstader Immigration Reliance on Gang Databases: Unchecked Discretion and Undesirable Consequences 90 New York University Law Review 671 (May, 2015) The Obama Administration has historically expanded the availability of deferred action, which provides a reprieve from the threat of deportation and work authorization to certain undocumented immigrants, through the creation of the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent... 2015
G.M. Filisko Immigration Rx 96-JUL ABA Journal 64 (July, 2010) THE QUEStion of how to revamp U.S. immigration policy hasn't quite moved to the top of the agenda on Capitol Hill, but when the talk about immigration reform does get serious, the ABA plans to be part of the conversation. Actually, the ABA already has taken steps to carve out policy positions on certain immigration issues, and the association is... 2010
Bill Ong Hing Immigration Sanctuary Policies: Constitutional and Representative of Good Policing and Good Public Policy 2 UC Irvine Law Review 247 (February, 2012) I. Introduction. 247 II. Background. 252 III. Constitutionality. 260 A. City of New York v. United States. 263 B. Sturgeon v. Bratton. 267 C. The Tenth Amendment and Preemption. 272 1. Tenth Amendment. 272 2. Preemption of State and Local Laws. 280 a. Field Preemption. 282 b. Conflict Preemption. 286 c. Impeding Federal Objective. 288 3. Martinez... 2012
Veena Bansal Immigration Status in Jury Trials: State Legislature & State Supreme Court Involvement in Combatting Jury Bias 56 American Criminal Law Review Online Online 1 (Winter, 2019) In 2018, immigration was a controversial issue. On July 18, 2018 Mollie Tibbetts, a 20-year old student, was abducted while jogging through the rural town of Brooklyn, Iowa. She disappeared without a trace and her story took the news by storm. Over a month later, police arrested alleged undocumented immigrant, Cristian Rivera, for Mollie's murder.... 2019
David S. Rubenstein Immigration Structuralism: a Return to Form 8 Duke Journal of Constitutional Law & Public Policy 81 (2013) At the heart of the subfederal immigration revolution are two core questions. The first is what to do about our broken immigration system, especially regarding an estimated eleven million individuals unlawfully present. This question ignites impassioned debates on civil liberties, the rule of law, the economy, foreign relations, and who we... 2013
Anil Kalhan Immigration Surveillance 74 Maryland Law Review Rev. 1 (2014) In recent years, immigration enforcement levels have soared, yielding a widely noted increase in the number of noncitizens removed from the United States. Less visible, however, has been an attendant sea change in the underlying nature of immigration governance itself, hastened by new surveillance and dataveillance technologies. Like many other... 2014
Nora V. Demleitner Immigration Threats and Rewards: Effective Law Enforcement Tools in the "War" on Terrorism? 51 Emory Law Journal 1059 (Summer 2002) Since September 11, 2001, the United States has witnessed the mass arrests of Arab and Muslim immigrants. While none of these men have been charged with terrorism-related offenses, most of them have been held in immigration detention. Some have been deported because of immigration violations or prior criminal convictions which were not related to... 2002
Karla Mari McKanders Immigration to Blue Cities in Red States: the Battleground Between Sanctuary and Exclusion 21 University of Pennsylvania Journal of Constitutional Law 1051 (March, 2019) An ongoing intrastate immigration regulation battle between cities, municipalities, and states with the Trump Administration intervening with litigation and executive orders has dominated the immigration federalism landscape. Some states, cities, and localities have passed sanctuary laws and policies seeking to protect immigrant communities by not... 2019
Shani M. King Immigration, Adoption and Our National Identity 26 Duke Journal of Gender Law & Policy 85 (Spring, 2019) C1-2Table of Contents I. Introduction. 85 II. Intercountry Adoption: A Brief History. 86 A. Sending Countries. 87 B. Receiving Countries. 92 III. Legal Developments. 96 A. From Ad Hoc Response to Official Policy. 99 B. The Hague Convention and Its Implications for U.S. Policy. 100 IV. Conclusion. 106 2019
Julian Lim Immigration, Asylum, and Citizenship: a More Holistic Approach 101 California Law Review 1013 (August, 2013) Despite obvious overlaps between immigration law, refugee law, and citizenship, legal scholars have tended to disaggregate them, studying them in isolation. This Article brings refugee law in closer conversation with both immigration law and citizenship by presenting the previously unknown history of Pershing's Chinese refugees: 522 Chinese... 2013
Kevin R. Johnson Immigration, Civil Rights, and Coalitions for Social Justice 1 Hastings Race and Poverty Law Journal 181 (Fall, 2003) In the face of persistent attacks in the popular press, as well as academia, the critical study of the impact of race on the social fabric of the United States continues. Immigration law historically has been considered a specialty area of practitioners spurned by academics. However, the treatment of aliens, particularly noncitizens of color,... 2003
Bettina Rodriguez Schlegel Immigration, Crime, and Public Perception: Victimization Legislation in the United States and Canada -- Can the U Visa Serve as a Model? 34 Hastings International and Comparative Law Review 203 (Winter 2011) The North American giants, Canada and the United States, are recognized as major immigrant-receiving nations; both have been historically reliant on the influxes of immigrant groups over time to provide sources of labor and population boosts to the rapidly developing nations. Both states have crafted immigration policies in line with their economic... 2011
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28