Immigration Law Commons^™

Preserving The Exceptional Republic: Political Economy, Race, And The Federalization Of American Immigration Law, Matthew Lindsay

All Faculty Scholarship

Between 1882 and 1891, the U.S. Congress enacted a spate of immigration laws though which the federal government assumed virtually exclusive control over a regulatory sphere that historically had been the province of the states. This Article argues that this federalization of immigration regulation represented an attempt to reconcile the nation’s most cherished ideological commitment - the notion that the U.S. would forever remain an exceptional, “free labor” republic - with the unprecedented social and economic convulsions of the 1870s and 1880s.

The meaning of both immigrants and immigration was fundamentally transformed during the Gilded Age due to two successive …

Oversight Of The Usa Patriot Act: Hearing Before The S. Comm. On The Judiciary, 109th Cong., Apr. 5, May 10, 2005 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

Border Crossings: Understanding The Civil, Criminal, And Immigration Implications For Battered Immigrants (And Others) Fleeing Across State Lines With Their Children, Catherine F. Klein, Leslye E. Orloff, Hema Sarangapani

Scholarly Articles

This article provides an overview of the impact of state criminal parental kidnapping or custodial interference statutes on immigrant survivors of domestic violence who already have left or wish to leave their state with their children. Specifically, it discusses the jurisdictional laws that relate to interstate custody, criminal implications of intrastate versus interstate custodial interference, the varying applicability of custodial interference statutes for parents who do and do not have court-ordered custody of their children, statutory exceptions or defenses available to survivors of domestic violence facing prosecution on charges of criminal parental kidnapping, and immigration consequences related to a conviction …

Asians, Gay Marriage, And Immigration: Family Unification At A Crossroads, Victor C. Romero

Journal Articles

Family unification has long been a significant component of U.S. immigration policy, and the Asian Pacific American (APA) community has long been a champion of laws that strengthen America's commitment to this goal. The recent emergence of same-gender marriages among state and local governments has caused society to consider more closely its definition of the family, challenging the traditional notion that only civil unions between heterosexuals should be celebrated. But because U.S. immigration law does not include a gay or lesbian partner within its statutory definition of spouse, binational same-gender couples may not legally remain in the country together, even …

Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller

Journal Articles

Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.

Social Citizen As Guest Worker: A Comment On The Changing Identities Of Immigrants And The Working Poor, Frank W. Munger

Articles & Chapters

No abstract provided.