Digital Commons Network^™

Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury

University of Cincinnati Law Review

Can a religion, over time and through its social and legal resignification, come to be a race? Drawing on Critical Race Theory (“CRT”), Critical Discourse Theory, the work of Karen E. and Barbara J. Fields and Cedric Robinson, this article argues that Islam has emerged as a race and Muslims as a racial group. To support the claim, Part I examines the theoretical basis for the argument. Applying the concept of “racecraft,” the article theorizes that racism produces both the racial group and race. As many have already argued, race is not based in biology; it is not a fact …

Immigration And Naturalization, Kevin J. Fandl, Sabrina Damast, Mayra C. Artiles, Poorvi Chothani, Cliodhna Murphy

The Year in Review

No abstract provided.

Legal Responses To The European Union’S Migration Crisis, Graham Butler

San Diego International Law Journal

The European Union (“EU”) imposes on itself its own constraints in which it performs as an external actor, and yet, there is little acknowledgment of this imposed constraint. It is the post-2015 migration crisis, an unexpected occurrence, which has brought the fields of EU external relation law and EU migration law together. Europe’s external border, on both land and sea, has tightened through legal acts of non-traditional nature, namely, the resort to securitisation and militarisation. Challenges, such as mass irregular migration, require more than just individual responses from a few selected Member States that are directly affected by the issue. …

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …

But It’S Just A Little White Lie! An Analysis Of The Materiality Requirement Of 18 U.S.C. § 1425, Hanna E. Borsilli

Dickinson Law Review (2017-Present)

Once an individual becomes a naturalized citizen, the U.S. government can revoke citizenship only upon a discovery that the individual was not eligible to procure naturalization at the time of application. The process to revoke naturalization, referred to as denaturalization, may begin with a conviction under 18 U.S.C. § 1425, a criminal statute broadly prohibiting any attempt to procure naturalization “contrary to law.”

This “contrary to law” language created confusion regarding the required statutory elements of § 1425. Most courts to address this issue, including the Supreme Court in Maslenjak v. United States, held that § 1425 requires proof …

A Modest Memo, Yxta Maya Murray

Michigan Journal of Race and Law

A Modest Memo is a satire in the form of a legal memo written for President-Elect Donald Trump circa November 2016. It counsels Mr. Trump to obtain Mexican funding for a United States-Mexico “Wall” via United Nations Security Council sanctions. These sanctions would freeze remittances (that is, “hold them hostage”) until Mexican President Enrique Peña Nieto wired the United States sufficient monies for construction. The memo, which is entirely the product of my imagination and legal study, contemplates one of the many possible worst case scenarios threatened by the Trump presidency. Through the arts of law and literature, I aim …

Birthright Citizenship Under Attack: How Dominican Nationality Laws May Be The Future Of U.S. Exclusion, Ediberto Roman, Ernesto Sagas

American University Law Review

Attacks on birthright citizenship periodically emerge in the United States, particularly during presidential election cycles. Indeed, blaming immigrants for the country's woes is a common strategy for conservative politicians, and the campaign leading up to the 2016 presidential election was not an exception. Several of the Republican presidential candidates raised the issue, with President Donald Trump making it the hallmark of his immigration reform platform. Trump promised that, if elected, his administration would "end birthright citizenship."

In the Dominican Republic, ending birthright citizenship and curbing immigration are now enshrined into law, resulting from a significant constitutional redefinition of Dominican citizenship …

Constitutional Citizenship Under Attack, Joseph W. Dellapenna

Villanova Law Review

No abstract provided.

The Legal Aspect Of Immigration, David P. Doyle

The Catholic Lawyer

No abstract provided.

State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole

Georgia Journal of International & Comparative Law

No abstract provided.

Criminal Defense Attorneys And Noncitizen Clients: Understanding Immigrants, Basic Immigration Law & How Recent Changes In Those Laws May Affect Your Criminal Cases, Melinda Smith

Akron Law Review

This paper provides criminal defense attorneys with a basic background for understanding their noncitizen clients. First, this paper presents a sociological look at immigration in Part II, including a look at modern anti-immigration sentiment, the assimilation process, and the psychological effects of readjustment. Part III explains the basics of immigration law as well as the legal backdrop for the drastic changes in the laws affecting immigrants that took place in 1996. This segment includes a discussion of the constitutional rights historically afforded aliens, as well as the ways in which the scope of those rights has been narrowed by both …

Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero

Oklahoma Law Review

No abstract provided.

Introduction: Appreciating Difference, Barbara Lewis

Trotter Review

Are we a narrative nation, imagined and connected mentally, tied by a common history of disruption if not by contiguous geography? Lorick-Wilmot suggests that the stories we tell offer the basis of mutual understanding across distance and cultures and generations. In a reconfigured mental Diasporic cartography, where is our citadel, our castle (not to be confused with what Europeans named as slave castles of Africa)? The remains and monuments built in this hemisphere by iron will and the drive to change yesterday, uprooting it from the ground of inequality, still stand on the highest hill in northern Haiti, reminding us …

History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal

University of Massachusetts Law Review

Immigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants’ limited access to the U.S. legal system are largely to blame. This Note explores the inadequacies in our legal system contributing to the struggles of immigrant parents to maintain family unity and connects the current situation to the disproportionate number of terminations of parental rights within the Native American community in the mid-twentieth century. It suggests that a …

Reconceptualizing Asian Pacific American Identity At The Margins, Julian Lim

UC Irvine Law Review

No abstract provided.

"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom

William & Mary Bill of Rights Journal

No abstract provided.

Global Anti-Anarchism: The Origins Of Ideological Deportation And The Suppression Of Expression, Julia Rose Kraut

Indiana Journal of Global Legal Studies

On September 6, 1901, a self-proclaimed anarchist named Leon Czolgosz fatally shot President William McKinley at the Pan-American Exposition in Buffalo, New York. This paper places the suppression of anarchists and the exclusion and deportation of foreigners in the aftermath of the "shot that shocked the world" within the context of international anti-anarchist efforts, and reveals that President McKinley's assassination successfully pulled the United States into an existing global conversation over how to combat anarchist violence. This paper argues that these anti-anarchist restrictions and the suppression of expression led to the emergence of a "free speech consciousness" among anarchists, and …

The United States Of Immigration: A Nation In Crisis. How Fear Has Shaped Immigration Law And Has Led Us To Question Basic Constitutional Rights, 45 J. Marshall L. Rev. 205 (2011), Patrycja Rynduch

UIC Law Review

No abstract provided.

Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte

University of Miami International and Comparative Law Review

No abstract provided.

Immigration Law, Kathryn L. Anderson

Golden Gate University Law Review

No abstract provided.

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, Rachel Zoghlin

The Modern American

No abstract provided.

The Hidden Dimension Of Nineteenth-Century Immigration Law, Kerry Abrams

Vanderbilt Law Review

Most histories of immigration law are histories of restriction. This emphasis is hardly surprising: beginning in 1875, Congress passed increasingly draconian acts, mostly targeting Chinese immigrants, which ultimately led to the outright exclusion of nearly all Asian immigrants. Then, in the 1920s, Congress enacted quotas aimed at keeping the U.S. population primarily white, with an emphasis on immigrants from northern and western European stock. And throughout history in general, immigration law has focused not only on excluding but also on deporting those immigrants deemed undesirable.

In addition to focusing on exclusion, immigration law history has also been preoccupied with federal …

"Bad" Mothers And Spanish-Speaking Caregivers, Annette R. Appell

Nevada Law Journal

No abstract provided.

The Persecutor Bar In U.S. Immigration Law: Toward A More Nuanced Understanding Of Modern "Persecution" In The Case Of Forced Abortion And Female Genital Cutting, Lori K. Walls

Washington International Law Journal

Congress installed the persecutor bar to asylum seekers in the United States thirty years after the end of World War II to facilitate the deportation of Nazi war criminals. The persecutor bar’s legal evolution was rooted in part in the practical difficulties of prosecuting crimes committed in the distant past. The bar also is based on the notion, problematic in modern contexts, that persecution has a corollary persecutor. The persecutor bar does not map well to the messy political, cultural, and practical realities that give rise to modern “persecutors.” Ten years ago, for example, forces from opposite ends of the …

The Evolving Standard For Granting Mandamus Relief In The Texas Supreme Court: One More Mile Market Down The Road Of No Return., Richard E. Flint

St. Mary's Law Journal

The Prudential balancing test should be of concern for anyone interested in the rule of law. This test is the current binding precedent for determining when an appellate court should exercise its mandamus authority upon a finding of a clear abuse of discretion. This test has substantially altered one of the most time honored principles of mandamus jurisprudence, and replaced it with a newly articulated standard that leads to nothing short of ad hoc decision making. In the area of mandamus jurisprudence, the Texas Supreme Court has, from time to time, developed different ways to circumvent the common law history …

The Turner Thesis, Black Migration, And The (Misapplied) Immigrant Explanation Of Black Inequality, John Valery White

Nevada Law Journal

No abstract provided.

Slings And Arrows Of Outrageous Fortune: The Deportation Of "Aggravated Felons", Valerie Neal

Vanderbilt Journal of Transnational Law

Any foreign national who is convicted of an "aggravated felony," as that term is defined in the Immigration and Nationality Act, is subject to deportation from the United States. Deportation of so-called "aggravated felons" is in no way contingent upon the particular facts and circumstances in a given case. More troublingly, on the judiciary has no authority to review a deportation order based "aggravated felony" grounds. In the past decade, Congress has expanded the definition of "aggravated felony" to encompass many minor crimes that are neither aggravated nor felonious.

The deportation of foreign nationals on "aggravated felony" grounds is effectively …

Using Immigration Law To Protect Human Rights: A Legislative Proposal, William J. Aceves, Paul L. Hoffman

Michigan Journal of International Law

This Article suggests that the rationale underlying the Nazi persecution and genocide provisions of the Immigration and Nationality Act should be extended to all cases where aliens have participated in gross human rights violations. Quite simply, the logic underlying these provisions applies with equal rigor and intensity to all forms of human rights violations regardless of where or when they took place. Immigration relief is truly a priceless treasure. The United States should not become a haven for those aliens who have violated the most fundamental norms of international human rights law. Accordingly, immigration relief must not be provided to …

Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making Essay., Donna F. Coltharp

St. Mary's Law Journal

From 1967, when Thurgood Marshall took his seat as Supreme Court Justice, until 1990, when William Brennan, Jr. vacated his seat, the two Justices formed one of the most consistent liberal voting blocs in the history of the Court. Both Justices were judicial activists who labored in the tradition of Legal Realism. Although both Brennan and Marshall recognized the interpretation and application of the law as purposeful exercises, they differed in their approach to the task. Marshall, for instance, appealed to social consensus stating that his views were supported by society. Furthermore, Marshall strongly believed that the Constitution is a …

Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura

Michigan Law Review

A Review of Peter Brimelow, Alien Nation: Common Sense About America's Immigration Disaster