Marjorie S. Zatz , Hilary Smith Immigration, Crime, and Victimization: Rhetoric and Reality 8 Annual Review of Law and Social Science 141 (2012) criminalization, exploitation, immigration enforcement, immigration law, moral panic, racialization Contrary to popular perceptions that immigration increases crime, the research literature demonstrates that immigration generally serves a protective function, reducing crime. This review takes as its starting point the contradiction between the... 2012
Ilya Somin Immigration, Freedom, and the Constitution 40 Harvard Journal of Law & Public Policy Pol'y 1 (April, 2017) In recent years, many conservatives have come to favor a highly restrictionist approach to immigration policy. But that position is in conflict with their own professed commitment to principles such as free markets, liberty, colorblindness, and enforcing constitutional limits on the power of the federal government. These values ultimately all... 2017
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
Kitty Calavita Immigration, Law, and Marginalization in a Global Economy: Notes from Spain 32 Law and Society Review 529 (1998) This case study of immigration law in Spain examines the contradiction between the rhetoric of immigration politics stressing immigrant integration and the reality of immigrant exclusion and marginalization. Drawing from a variety of secondary sources, government documents, and interviews, I show how Spanish policies regularly irregularize Third... 1998
Marc Belanger Immigration, Race, and Economic Globalization on the U.s.-mexico Border: Tangled Histories and Contemporary Realities 10 Journal of Gender, Race and Justice Just. 1 (Fall 2006) In a congressional hearing, a U.S. representative from Colorado explained the continuing need for labor from Mexico: The American working people will not get down on their hands and knees in the dirt and pull weeds and thin these beets and break their backs doing that kind of work . . . [n]o matter how much they are paid, they cannot and will not... 2006
Matthew J. Lindsay Immigration, Sovereignty, and the Constitution of Foreignness 45 Connecticut Law Review 743 (February, 2013) It is a central premise of modern American immigration law that immigrants, by virtue of their non-citizenship, are properly subject to an extra-constitutional regulatory authority that is inherent in national sovereignty and buffered against judicial review. The Supreme Court first posited this constitutionally exceptional authority, which is... 2013
Shoba Sivaprasad Wadhia Immigration: Mind over Matter 5 University of Maryland Law Journal of Race, Religion, Gender and Class 201 (Fall, 2005) In August 2005, The Washington Post featured a story about a man named Mukit Hossain, an immigrant from Bangladesh who came to the United States thirty years ago to study at Duke University. The story opens with a clear image: On a frigid winter day two years ago, Mukit Hossain drove past a 7-Eleven in Herndon and noticed a large group of men, some... 2005
  IMMIGRATION--NATIONAL SECURITY--STATE STANDING--UNITED STATES v. TEXAS 137 Harvard Law Review 350 (November, 2023) Executive discretion in federal enforcement proceedings is, perhaps, a distinctly American legal tradition. In the eighteenth century, while private litigants dominated criminal actions in England, American fidelity to separation of powers created an executive monopoly over enforcement. The very 1789 Judiciary Act that recognized those learned... 2023
Michael A. Olivas Immigration-related State and Local Ordinances: Preemption, Prejudice, and the Proper Role for Enforcement 2007 University of Chicago Legal Forum 27 (2007) In a forum a dozen years ago on preemption issues and the proper balance between national immigration obligations and the role to be accorded states in immigration enforcement, I disagreed with those persons, such as Professor Peter J. Spiro, who saw the failure of federal enforcement as an opening for more robust state assumption of the needed... 2007
Kerry Abrams , R. Kent Piacenti Immigration's Family Values 100 Virginia Law Review 629 (June, 2014) Introduction. 630 I. Parentage in Family Law. 635 A. Parentage at Common Law. 636 B. Family Law in the Twentieth Century. 639 1. Social and Technological Change. 639 2. The Legal Response. 641 a. The Erosion of Marital Parentage. 641 b. The Rise of Genetic Parentage. 644 c. The Birth of Functional Recognition. 647 d. Nascent Recognition of... 2014
Jehan El-Jourbagy IMPACT OF CORPORATE RESPONSE TO CONTROVERSIAL PRESIDENTIAL STATEMENTS OR POLICIES 18 DePaul Business & Commercial Law Journal 69 (Spring, 2021) Not ten days into the Trump administration, corporations, normally silent or ostensibly neutral in regard to political issues, were uncommonly vocal regarding the executive order on immigration and refugees. The response was not uniform. A disproportionate number of CEOs speaking out were from the tech industry. Noticeably silent at this juncture... 2021
Nina Farnia IMPERIALISM AND BLACK DISSENT 75 Stanford Law Review 397 (February, 2023) Abstract. As U.S. imperialism expanded during the twentieth century, the modern national security state came into being and became a major force in the suppression of Black dissent. This Article reexamines the modern history of civil liberties law and policy and contends that Black Americans have historically had uneven access to the right to... 2023
Nina Farnia IMPERIALISM IN THE MAKING OF U.S. LAW 96 Saint John's Law Review 131 (2022) [C]onsider the differences between the powers of the federal government in respect of foreign or external affairs and those in respect of domestic or internal affairs. That there are differences between them, and that these differences are fundamental, may not be doubted, Justice Sutherland instructed in United States v. Curtiss-Wright Export... 2022
Cori Alonso-Yoder IMPERIALIST IMMIGRATION REFORM 91 Fordham Law Review 1623 (April, 2023) For decades, one of the most challenging domestic policy matters has been immigration reform. Dogged by controversial notions of what makes for a desirable immigrant and debates about enforcement and amnesty, elected officials have largely given up on achieving comprehensive, bipartisan immigration solutions. The lack of federal action has led to... 2023
John Guendelsberger Implementing Family Unification Rights in American Immigration Law: Proposed Amendments 25 San Diego Law Review 253 (March/April, 1988) There is something wrong with a law that keeps outfor as long as eight yearsthe small child of a mother or father who has settled in the United States while a nonrelative or less close relative from another country can come in immediately. This Article examines the provisions of American immigration law that impede the entry of immediate family... 1988
Fatma E. Marouf Implicit Bias and Immigration Courts 45 New England Law Review 417 (Spring 2011) This Article highlights the importance of implicit bias in immigration adjudication. After tracing the evolution of prejudice in our immigration laws from explicit old-fashioned prejudice to more subtle forms of modern and aversive prejudice, the Article argues that the specific conditions under which immigration judges decide cases render... 2011
Charles R. Lawrence III Implicit Bias in the Age of Trump: Biased: Uncovering the Hidden Prejudice That Shapes What We See, Think, and Do. By Jennifer L. Eberhardt. New York, N.y.: Viking. 2019. Pp. 340. $28.00 133 Harvard Law Review 2304 (May, 2020) We inhabit a nomos--a normative universe. We constantly create and maintain a world of right and wrong, of lawful and unlawful, of valid and void. No set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. --Robert Cover I am watching a video of Donald Trump, the forty-fifth President of the... 2020
Brett Whitley IMPORTING INDIAN INTOLERANCE: HOW TITLE VII CAN PREVENT CASTE DISCRIMINATION IN THE AMERICAN WORKPLACE 75 Arkansas Law Review 163 (2022) If Hindus migrate to other regions on [E]arth, [Indian] Caste would become a world problem. --Dr. B.R. Ambedkar (1916) Imagine it is the year 2020. You are one of the more than 160 million people across India that are labeled as Dalits, formerly known as the Untouchables. Most Hindus view Dalits as belonging to the lowest rung in the ancient... 2022
Leti Volpp Impossible Subjects: Illegal Aliens and Alien Citizens 103 Michigan Law Review 1595 (May, 2005) Impossible Subjects: Illegal Aliens and the Making of Modern America. By Mae Ngai. Princeton: Princeton University Press. 2004. pp. 377. $35. America is a nation of immigrants, according to our national narrative. This is the America with its gates open to the world, as well as the America of the melting pot. Underpinning this national narrative is... 2005
Alice M. Rivlin, Visiting Professor, Georgetown Public Policy Institute Impossible Subjects: Illegal Aliens and the Making of Modern America, by Mae M. Ngai, Princeton University Press, 2003, 368pp. 9 Georgetown Public Policy Review 87 (Spring, 2004) This fascinating book describes the evolution of United States immigration policy during its most restrictive period from the 1920's to the 1960's. The author starts with the xenophobia and red scares that led to the Johnson-Reed Act of 1924, which imposed tight limits on immigration through country quotas favoring Northern Europeans. She moves... 2004
Jojo Annobil, Elizabeth Gibson IMPROVING LAWYERS & LIVES: HOW IMMIGRANT JUSTICE CORPS BUILT A MODEL FOR QUALITY REPRESENTATION WHILE EMPOWERING RECENT LAW SCHOOL AND COLLEGE GRADUATES AND THE IMMIGRANT COMMUNITIES WHOM THEY SERVE 92 Fordham Law Review 823 (December, 2023) Introduction. 824 I. Building a Solution. 827 A. The Representation Crisis Before 2014. 827 B. Arriving at a Vision for Immigrant Justice Corps. 831 C. Finding Funding. 836 II. Initial Implementation. 836 A. The Inaugural Class. 837 1. Luis Mancheno, Justice Fellow. 838 2. Aseem Mehta, Community Fellow. 839 B. Host Organization Partners. 840 C.... 2023
Olivia Quinto In a Desert Selling Water: Expanding the U-visa to Victims of Notario Fraud and Other Unauthorized Practices of Law 14 Rutgers Race & the Law Review 203 (2013) Washington's paralysis with immigration reform is sustaining an invidious industry: immigration fraud. The unauthorized practice of immigration law (known as UPIL) by fraudulent providers has victimized and bilked hard-working immigrants around the country with promises to deliver immigration solutions that never materialize. Known commonly as... 2013
Nicholas Serafin In Defense of Immutability 2020 Brigham Young University Law Review 275 (2020) Over the last forty years, the concept of immutability has been central to Equal Protection doctrine. According to current doctrine, a trait is immutable if it is beyond the power of an individual to change or if it is fundamental to personal identity. A trait that meets either of these criteria receives heightened legal protection under... 2020
Bridget Kessler In Jail, No Notice, No Hearing . . . No Problem? A Closer Look at Immigration Detention and the Due Process Standards of the International Covenant on Civil and Political Rights 24 American University International Law Review 571 (2009) INTRODUCTION. 573 I. BACKGROUND. 576 A. The International Covenant on Civil and Political Rights and the United States. 576 1. The Prohibition Against Arbitrary Detention of Article 9(1). 580 2. The Promptly Inform Notice Standard of Article 9(2). 581 3. The Right to Judicial Review Without Delay of Article 9(4). 582 B. Custody Procedures in... 2009
Tomiko Brown-Nagin IN MEMORIAM: JUSTICE RUTH BADER GINSBURG, THE LAST CIVIL RIGHTS LAWYER ON THE SUPREME COURT 56 Harvard Civil Rights-Civil Liberties Law Review 15 (Winter, 2021) There are many ways to describe Justice Ginsburg's historic achievements. This essay considers one enduring descriptor. When President Bill Clinton nominated her to the Supreme Court, he noted that some called Ginsburg the Thurgood Marshall of the women's movement. Through this essay, I engage with and complicate that comparison. I do so to... 2021
M. Isabel Medina In Search of Quality Childcare: Closing the Immigration Gate to Childcare Workers 8 Georgetown Immigration Law Journal 161 (Spring, 1994) There is irony in the fact that the candidacies of the first two women ever to be nominated for the position of United States Attorney General failed, in essence, because the two women were working mothers who had provided alternative, nonparental care for their children. Their candidacies began as a symbol of the successful integration of women... 1994
M. Isabel Medina In Search of the Nation of Immigrants: Balancing the Federal State Divide 20 Harvard Latinx Law Review Rev. 1 (Spring, 2017) Issues raising the role of immigration and immigrants and the relationship between the federal government and the states under our constitutional framework have dominated the national dialogue this past year, and promise to continue to challenge us in years to come. They are questions that tested us at the founding of this republic and that... 2017
Lisa C. Ikemoto In Sisterhood 2 Michigan Journal of Race and Law 513 (Spring 1997) I am writing this review from Los Angeles, California, during the new years of infamy. In 1994, the majority of California voters in the November elections said yes to anti-immigrant Proposition 187 and yes to the racist crime bill known as three strikes. In November, 1996, the majority of California voters again voted yes, this time for... 1997
John Shuford In the Key of Aoki: Immigration Regionalism (Eco) 45 U.C. Davis Law Review 1655 (June, 2012) Introduction--Intro . 1657 I. First Verse. 1659 II. Second Verse. 1665 III. Third Verse. 1673 IV. Fourth Verse. 1676 V. Fifth Verse. 1685 Middle Eight. 1688 VI. Sixth Verse. 1689 VII. Seventh Verse. 1692 Conclusion--Coda/Repeat and Fade . 1697 In 2010, Keith Aoki and I coined the phrase immigration regionalism to describe a proposed... 2012
Jeffrey R. Baker, Christine E. Cerniglia, Davida Finger, Luz Herrera, JoNel Newman In Times of Chaos: Creating Blueprints for Law School Responses to Natural Disasters 80 Louisiana Law Review 421 (Winter, 2020) C1-2Table of Contents Introduction. 423 I. Assessing Legal Needs and Capacity Post-Disaster. 425 A. Social Injustice Is Exacerbated by Natural Disasters. 425 B. Identifying Legal Needs in Context. 428 C. Assessing Clinic Resources and Capacity. 431 II. The Ecosystem of Agencies, Law, and Resources After a Natural Disaster. 434 A. Federal Emergency... 2020
Jordan E. Dollar , Allison D. Kent In Times of Famine, Sweet Potatoes Have No Skin: a Historical Overview and Discussion of Post-earthquake U.s. Immigration Policy Towards the Haitian People 6 Intercultural Human Rights Law Review 87 (2011) In every other country on the globe a citizen of Haiti is sure of civil treatment. In every other nation his manhood is recognized and respected. Wherever any man can go, he can go. He is not repulsed, excluded, or insulted because of his color. All places of amusement and instruction are open to him. Vastly different is the case with him when he... 2011
Kaylin Hawkins Inadmissible as a Public Charge: Adjudicating the Trump Administration's War on Legal Immigration 93 Temple Law Review 181 (Fall, 2020) Isabel Martinez emigrated to the United States the right way. While she has yet to be naturalized as an American citizen, Isabel has been in the United States since she was two years old, when her family moved from Michoácan, Mexico. She lives legally in California on a temporary work visa, but she ultimately hopes to apply for lawful permanent... 2020
J. Nicole Alanko IN-AND-OUT JUSTICE: HOW THE ACCELERATION OF FAMILIES THROUGH IMMIGRATION COURT VIOLATES DUE PROCESS 24 University of Pennsylvania Journal of Law and Social Change 1 (2021) Since November 2018, the Department of Justice has prioritized the scheduling of the cases of thousands of families in immigration courts who have been labeled as Family Units. This policy requires that the cases be completed within one year of the filing of the Notice to Appear. Affected families are fleeing violence in their home... 2021
César García Hernández Incarcerating Migrants 60 South Texas Law Review 435 (2019) I'm going to steer us in a somewhat different direction, at least during the portion of my prepared remarks. I'm happy to talk about other issues about the intersection of criminal immigration law in the questions. But in my prepared remarks, I really want to take our focus out of the narrow and the more technical considerations about statutory... 2019
Hannah Haksgaard INCLUDING UNMARRIED WOMEN IN THE HOMESTEAD ACT OF 1862 67 Wayne Law Review 253 (Winter, 2022) Abstract. 253 I. Introduction. 254 II. The Context for the Debate. 261 A. American Policy on the Distribution of Public Lands. 261 B. Unmarried Women's Legal Rights. 266 III. Congressional Debate Leading to the Homestead Act of 1862. 270 A. The Twenty-Eighth Congress: 1843-1845. 273 B. The Twenty-Ninth Congress: 1845-1847. 273 C. The Thirtieth... 2022
Alina Das Inclusive Immigrant Justice: Racial Animus and the Origins of Crime-based Deportation 52 U.C. Davis Law Review 171 (November, 2018) The merger of immigration and criminal law has transformed both systems, amplifying the flaws in each. In critiquing this merger, most scholarly accounts begin with legislative changes in the 1980s and 1990s that vastly expanded criminal grounds of deportation and eliminated many forms of discretionary relief. As a result of these changes,... 2018
Tom C.W. Lin Incorporating Social Activism 98 Boston University Law Review 1535 (December, 2018) Corporations and their executives are at the forefront of some of the most contentious and important social issues of our time. Through pronouncements, policies, boycotts, sponsorships, lobbying, and fundraising, corporations are actively engaged in issues like immigration reform, gun regulation, racial justice, gender equality, and religious... 2018
William J. Fife III , Beylul Solomon INDIGENOUS RIGHTS: A PATHWAY TO END AMERICAN SECOND-CLASS CITIZENSHIP 32 Southern California Review of Law & Social Justice 59 (Winter, 2023) Nearly 4 million American residents in U.S. territories are second-class citizens, lacking individual and collective voting rights and burdened with other gross socioeconomic and healthcare disparities. These disparities affect many honorable veterans that suffer from physical and mental injuries due to fighting for rights they themselves do not... 2023
Polly J. Price Infecting the Body Politic: Observations on Health Security and the "Undesirable" Immigrant 63 University of Kansas Law Review 917 (May, 2015) As this Symposium took place in late 2014, Ebola hysteria was in full sway in the United States. In September 2014, as the Ebola epidemic in West Africa worsened, Director of the Centers for Disease Control and Prevention Thomas Freidan warned Congress that it was inevitable that the Ebola virus would enter the U.S., carried unknowingly by a... 2015
Yxta Maya Murray Inflammatory Statehood 30 Harvard Journal on Racial & Ethnic Justice 227 (Spring 2014) Resistance art made in the former Yugoslavia resembles protest art today answering Arizona's anti-immigrant laws. Artists reacting to Yugoslav strongmen who ruled from the 1960s to the 1990s expressed dissent by dramatizing self-mortifications. Artists critiquing SB 1070, Arizona's ban of ethnic studies, and Maricopa County Sheriff Joe Arpaio's... 2014
Derek E. Bambauer Information Hacking 2020 Utah Law Review 987 (2020) The 2016 U.S. presidential election is seen as a masterpiece of effective disinformation tactics. Commentators credit the Russian Federation with a set of targeted, effective information interventions that led to the surprise election of Republican candidate Donald Trump. On this account, Russia hacked not only America's voting systems, but also... 2020
Scott Titshaw INHERITING CITIZENSHIP 58 Stanford Journal of International Law 1 (Winter, 2022) Most of us become citizens at birth based either on our birthplace or our parents' citizenship status. Over thirty countries recognize birthplace citizenship, but inherited citizenship is nearly universal. Such universal legal rules are rare, and they are particularly remarkable in the context of citizenship, where state sovereignty is near its... 2022
Catherine E. Halliday Inheriting the Storied Pomp of Ancient Lands: an Analysis of the Application of Federal Immigration Law on the United States'northern and Southern Borders 36 Valparaiso University Law Review 181 (Fall, 2001) Not like the brazen giant of Greek fame, With conquering limbs astride from land to land; Here at our sea-washed, sunset gates shall stand A mighty woman with a torch, whose flame Is the imprisoned lightning, and her name Mother of Exiles. From her beacon-hand Glows world-wide welcome; her mild eyes command The air-bridged harbor that twin cities... 2001
Andowah A. Newton Injecting Diversity into U.s. Immigration Policy: the Diversity Visa Program and the Missing Discourse on its Impact on African Immigration to the United States 38 Cornell International Law Journal 1049 (Fall 2005) Introduction. 1050 I. The Diversity Visa Program. 1051 A. History: Predecessor and Temporary Programs. 1052 B. Permanent Program: Procedures and Requirements. 1053 C. Purpose. 1055 II. Criticism of the Diversity Visa Program. 1056 III. Disproportionate Underrepresentation of Africans in U.S. Immigration System. 1059 A. Historical Exclusion of... 2005
Rachel R. Ray Insecure Communities: Examining Local Government Participation in Us Immigration and Customs Enforcement's "Secure Communities" Program 10 Seattle Journal for Social Justice 327 (Fall/Winter 2011) In the last several years, suffering global economies, war, ethnic and racial tensions, natural disasters, and other exigencies have led to a steady stream of immigrants to the United States. They seek jobs, refuge, asylum, and better opportunities. In fiscal year 2010, the United States Immigration and Customs Enforcement (ICE) removed a... 2011
Radha Vishnuvajjala Insecure Communities: How an Immigration Enforcement Program Encourages Battered Women to Stay Silent 32 Boston College Journal of Law & Social Justice 185 (Winter, 2012) Abstract: Domestic violence is a pervasive problem in American society. Undocumented immigrant women suffer disproportionately from spousal abuse due to language and cultural barriers. Undocumented domestic violence victims often do not know how or where to seek help and fear deportation. That fear is not unfounded because Secure Communities, an... 2012
Rachel Zoghlin Insecure Communities: How Increased Localization of Immigration Enforcement under President Obama Through the Secure Communities Program Makes Us less Safe, and May Violate the Constitution 6 Modern American 20 (Fall, 2010) An undocumented immigrant who lives in Maryland was recently stopped by the police while walking to the Hyattsville Metro Station to go to work. Short, darkskinned and Latino, with long, black hair, the police told him that he resembled someone suspected of mugging an old woman a few blocks away. The police questioned him about his whereabouts... 2010
Susan Ayres INSIDE THE MASTER'S GATES: RESOURCES AND TOOLS TO DISMANTLE RACISM AND SEXISM IN HIGHER EDUCATION 21 Journal of Law in Society 20 (Winter, 2021) INTRODUCTION. 21 I. DISMANTLING THE MASTER'S HOUSE: RESOURCES. 28 II. SUBSTANCE OF FIRE AND THE STORYTELLING MOVEMENT. 31 A. The Backstory. 31 B. Overview of Substance of Fire. 33 C. The Case for Storytelling. 35 III. SUBSTANCE OF FIRE: NARRATIVES AND COUNTER-STORYTELLING. 37 A. Lack of Mentors, Microaggressions. 38 B. Performing Gender, Safe... 2021
Lori A. Nessel Instilling Fear and Regulating Behavior: Immigration Law as Social Control 31 Georgetown Immigration Law Journal 525 (Spring, 2017) Probably no other area of American law has been so radically insulated and divergent from those fundamental norms of constitutional right, administrative procedure, and judicial role that animate the rest of our legal system. As to [noncitizens seeking admission], the decisions of executive or administrative officers, acting within powers expressly... 2017
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