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Full-Text Articles in Immigration Law
Reparative Citizenship, Amanda Frost
Reparative Citizenship, Amanda Frost
William & Mary Law Review
The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War to the Tuskegee syphilis experiments. Yet the nation has never considered reparations for 150 years of discriminatory immigration and citizenship policies that excluded millions based on race, gender, and political opinion—including some who are alive today. This Article argues that the United States can atone for these transgressions by granting “reparative citizenship” to those individuals and their descendants, following the lead of several European countries who have recently provided such relief for those wrongly expelled or excluded in …
Attachment Issues: Assessing The Relationship Between Newcomers And The Constitution, Ashley Mantha-Hollands
Attachment Issues: Assessing The Relationship Between Newcomers And The Constitution, Ashley Mantha-Hollands
William & Mary Bill of Rights Journal
Are you attached to the principles of the U.S. Constitution? How do you prove it—do you feel it, or just know it? What role does it play in your daily life as a citizen? Ever since one of the first acts of the U.S. Congress, the Naturalization Act of 1795, applicants for citizenship have been required to demonstrate that they are “attached to the principles of the [C]onstitution of the United States.” This requirement has been at the forefront of fierce debates in U.S. constitutional history and, although it has had limited usage after WWII, it has recently been brought …
Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu
Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu
Faculty Publications
The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger forms of discrimination, including the harms of decitizenship. These harms include limited access to full citizenship rights due to legal barriers, restricted cultural and political power, and a lack of belonging. The Article concludes that these harms result from the structure of past and present immigration laws …
"De-Americanization" During The Trump Administration: Derivative Citizenship And Deceased Parents In The United States, Katheryn J. Maldonado
"De-Americanization" During The Trump Administration: Derivative Citizenship And Deceased Parents In The United States, Katheryn J. Maldonado
William & Mary Journal of Race, Gender, and Social Justice
The Trump Administration’s war on immigration will be marked in history as one replete with white supremacy and terror. Much attention has been focused in the realm of undocumented immigrants, detention centers, and family separations because of the pervasiveness of those issues and the gravity of the human rights violations occurring in the United States. However, little focus has been given to immigrants who are lawful permanent residents or naturalized citizens at risk of denaturalization and deprivation of their constitutional rights. This Note highlights the effects of the Trump Administration’s war on immigration on citizens and green card holders in …
The Continuing Legacy Of The National Origin Quotas, Angela M. Banks
The Continuing Legacy Of The National Origin Quotas, Angela M. Banks
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Crossing The Final Border: Securing Equal Gender Protection In Immigration Cases, Michelle L. Sudano
Crossing The Final Border: Securing Equal Gender Protection In Immigration Cases, Michelle L. Sudano
William & Mary Bill of Rights Journal
No abstract provided.
A New Look At The Original Meaning Of The Diversity Clause, Mark Moller
A New Look At The Original Meaning Of The Diversity Clause, Mark Moller
William & Mary Law Review
Must a federal court have obtained the power to bind a party before her citizenship becomes relevant to diversity jurisdiction? For a long time conventional wisdom has assumed the answer is “no”: Congress can authorize diversity jurisdiction based on the citizenship of persons who, although currently beyond the court’s power to bind, might later join the suit. Congress, in turn, has acted on this assumption. Key provisions of the most ambitious, and controversial, expansion of diversity jurisdiction in the last decade, the 2005 Class Action Fairness Act (CAFA), hinge diversity jurisdiction on the citizenship of persons conventionally believed beyond a …
The Child Citizenship Act: Too Little, Too Late For Tuan Nguyen, Ashley Moore
The Child Citizenship Act: Too Little, Too Late For Tuan Nguyen, Ashley Moore
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.