Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (4)
- University of Maryland Francis King Carey School of Law (4)
- St. Mary's University (3)
- University of Colorado Law School (3)
- University of Michigan Law School (3)
-
- Washington and Lee University School of Law (3)
- William & Mary Law School (3)
- Texas A&M University School of Law (2)
- Boston University School of Law (1)
- Duke Law (1)
- Georgetown University Law Center (1)
- Loyola University Chicago (1)
- The University of San Francisco (1)
- University of California, Irvine School of Law (1)
- University of Dayton (1)
- University of Nevada, Las Vegas (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of New Mexico (1)
- University of Washington School of Law (1)
- Villanova University Charles Widger School of Law (1)
- Keyword
-
- Immigration (7)
- Immigration Law (5)
- Racism (5)
- Asylum (3)
- Discrimination (3)
-
- Donald Trump (3)
- Human rights (3)
- Immigration Policy (3)
- Race (3)
- COVID (2)
- Deferred Action for Childhood Arrivals (2)
- Equality (2)
- Haiti (2)
- Immigration law (2)
- Migration (2)
- Naturalization (2)
- Race and law (2)
- Undocumented (2)
- Voting (2)
- Administrative Law (1)
- Administrative Procedure Act (1)
- Administrative law (1)
- American Indian (1)
- American foreign policy (1)
- American indian (1)
- Antitrust (1)
- Anxiety (1)
- Asian American (1)
- Asylum-seekers (1)
- Blood quantum (1)
- Publication
-
- Faculty Scholarship (5)
- Seattle University Law Review (4)
- Maryland Journal of International Law (3)
- Michigan Journal of Race and Law (3)
- Publications (3)
-
- The Scholar: St. Mary's Law Review on Race and Social Justice (3)
- Washington and Lee Journal of Civil Rights and Social Justice (2)
- William & Mary Journal of Race, Gender, and Social Justice (2)
- Biennial Conference: The Social Practice of Human Rights (1)
- Doctoral Dissertations (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Jeffrey S. Moorad Sports Law Journal (1)
- Journal of Health Care Law and Policy (1)
- Library Faculty Publications (1)
- Nevada Law Journal (1)
- Philosophy: Faculty Publications and Other Works (1)
- UC Irvine Law Review (1)
- Washington Law Review (1)
- Washington and Lee Law Review (1)
- William & Mary Bill of Rights Journal (1)
- Publication Type
Articles 1 - 30 of 37
Full-Text Articles in Law and Race
Migration And Mortality: Social Death, Dispossession, And Survival In The Americas, Miranda Cady Hallett, Joseph Nevins, Jamie Longazel, Amelia Frank-Vitale, Alicia Yvonne Estrada, Abby C. Wheatley
Migration And Mortality: Social Death, Dispossession, And Survival In The Americas, Miranda Cady Hallett, Joseph Nevins, Jamie Longazel, Amelia Frank-Vitale, Alicia Yvonne Estrada, Abby C. Wheatley
Biennial Conference: The Social Practice of Human Rights
This panel presents research from the new edited volume Migration and Mortality (edited by Longazel and Hallett, Temple University Press, 2021). Death threatens migrants physically during perilous border crossings between Central and North America, but many also experience legal, social, and economic mortality. Rooted in histories of colonialism and conquest, exclusionary policies and practices deliberately take aim at racialized, dispossessed people in transit. Once in the new land, migrants endure a web of systems across every facet of their world—work, home, healthcare, culture, justice—that strips them of their personhood, denies them resources, and creates additional obstacles that deprive them of …
The Pocketbook Next Time: From Civil Rights To Market Power In The Latinx Community, Rachel F. Moran
The Pocketbook Next Time: From Civil Rights To Market Power In The Latinx Community, Rachel F. Moran
Faculty Scholarship
The United States is undergoing a demographic transformation. Nearly one in five Americans already is Latinx, and the United States Census Bureau projects that by 2060, nearly one in three will be. Latinx will substantially outnumber every other historically underrepresented racial and ethnic minority group, and non-Hispanic whites no longer will be a majority. Those changes have unsettled traditional approaches to full inclusion.
Civil rights activists have suffered numerous setbacks, and the burgeoning Latinx population is searching for other paths to belonging. Some leaders have turned to growing Latinx market power to demand recognition and equal opportunity. These efforts rely …
Title 42, Asylum, And Politicising Public Health, Michael Ulrich, Sondra S. Crosby
Title 42, Asylum, And Politicising Public Health, Michael Ulrich, Sondra S. Crosby
Faculty Scholarship
President Biden has continued the controversial immigration policy of the Trump era known as Title 42, which has caused harm and suffering to scores of asylum seekers under the guise of public health.1 The Centers for Disease Control and Prevention (CDC) ordered the policy in March 2020 with the stated purpose of limiting the spread of the coronavirus into the U.S.; though, CDC and public health officials have admitted this policy has no scientific basis and there is no evidence it has protected the public.2,3 Instead, the impetus behind the policy appears to be a desire to keep out or …
Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos
Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
A Human Rights Crisis Under Our Roof, Aglae Eufracio
A Human Rights Crisis Under Our Roof, Aglae Eufracio
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Department Of Homeland Security V. Regents Of The University Of California And Its Implications, Brian Wolfman
Department Of Homeland Security V. Regents Of The University Of California And Its Implications, Brian Wolfman
Georgetown Law Faculty Publications and Other Works
The Trump Administration's effort to get rid of Deferred Action for Childhood Arrivals, or DACA, failed before the Supreme Court in Department of Homeland Security v. Regents of the University of California, 140 S. Ct. 1891, 1896 (2020). In this essay -- based on a presentation given to an American Bar Association section in September 2020 -- I review DACA, the Supreme Court's decision, and its potential legal implications.
The failure of the Trump Administration to eliminate DACA may have had significant political consequences, and it surely had immediate and momentous consequences for many of DACA’s hundreds of thousands …
A Path For Moving Forward With Local Changes To The Library Of Congress Subject Heading “Illegal Aliens”, Kelsey George, Erin Grant, Cate Kellett, Karl Pettitt
A Path For Moving Forward With Local Changes To The Library Of Congress Subject Heading “Illegal Aliens”, Kelsey George, Erin Grant, Cate Kellett, Karl Pettitt
Library Faculty Publications
In 2014, the Library of Congress (LC) rejected a proposal to change headings in the Library of Congress Subject Headings (LCSH) that refer to undocumented immigrants as “Illegal aliens.” Two years later, a Subject Analysis Committee (SAC) working group submitted recommendations regarding how and why LC should change the LCSH “Illegal aliens.”1 That same year, LC decided to cancel the “Illegal aliens” subject heading, which Congress subsequently sought to block.2 Congress eventually required LC “to make publicly available its process for changing or adding subject headings . . . [and use] a process to change or add subject headings that …
Beyond Borders: How Principles Of Prison Abolition Can Shape The Future Of Immigration Reform, Anna Hales
Beyond Borders: How Principles Of Prison Abolition Can Shape The Future Of Immigration Reform, Anna Hales
UC Irvine Law Review
This Note presents prison abolition theory and discusses how principles of abolition can be applied in the context of immigration enforcement and reform. In doing so, this Note argues for an “open borders” approach to immigration, presents several viewpoints on what such a regime may look like, and discusses how this vision can shape immigration reform efforts. In applying abolition theory to the immigration legal system, this Note uses a framework of three tenets of prison abolition. First, the assumptions upon which our current system of immigration enforcement is based, such as public safety and economic justifications, are open to …
What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram
What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram
Philosophy: Faculty Publications and Other Works
Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body …
Deportation And Depravity: Does Failure To Register As A Sex Offender Involve Moral Turpitude?, Rosa Nielsen
Deportation And Depravity: Does Failure To Register As A Sex Offender Involve Moral Turpitude?, Rosa Nielsen
Washington and Lee Law Review
Under U.S. immigration law, non-citizens are subject to deportation following certain criminal convictions. One deportation category is for “crimes involving moral turpitude,” or CIMTs. This category usually refers to crimes that involve fraud or actions seen as particularly depraved. For example, tax evasion and spousal abuse are CIMTs, but simple assault generally is not. For a crime to qualify as a CIMT, it must include depraved conduct and some level of intent.
The CIMT framework has been criticized for a variety of reasons. Not only is it defined ambiguously with outdated language, but the moral values it enshrines can sometimes …
The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray
The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray
William & Mary Bill of Rights Journal
In the years since the Supreme Court decided Trump v. Hawaii, federal district courts have adjudicated dozens of rights-based challenges to executive action in immigration law. Plaintiffs, including U.S. citizens, civil rights organizations, and immigrants themselves, have alleged violations of the First Amendment and the equal protection component of the Due Process Clause with some regularity based on President Trump’s animus toward immigrants. This Article assesses Hawaii’s impact on these challenges to immigration policy, and it offers two observations. First, Hawaii has amplified federal courts’ practice of privileging administrative law claims over constitutional ones. For example, courts considering …
Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman
Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos
Doctoral Dissertations
Having an undocumented legal status is a risk factor for mental health conditions such as depression and anxiety among university students. Much of the literature on the experiences of university students who hold an undocumented legal status has primarily focused on better understanding the educational, social, financial, and legal challenges among undergraduate students. The literature has addressed how some of these difficulties impact components of their social and mental health wellness. Yet, there is still a dearth of research focused on further understanding the experiences of students who hold an undocumented legal status from a psychological perspective, and specifically, with …
Women Of Color In Immigration Enforcement, Kit Johnson
Women Of Color In Immigration Enforcement, Kit Johnson
Nevada Law Journal
No abstract provided.
Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran
Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran
Faculty Scholarship
Even before the recent coronavirus pandemic, race, ethnicity, and socioeconomic status played a powerful role in allocating opportunity—in the public schools and elsewhere. The pandemic laid bare the dimensions of this inequality with a new and alarming clarity. In this essay, I first focus on the landscape of educational inequity that existed before the coronavirus forced public schools to shut down. In particular, I explore patterns of racial and ethnic segregation in America’s schools and evaluate how those patterns relate to additional challenges based on socioeconomic isolation. In addition, I consider the role of language and immigration status in shaping …
Can “Asians” Truly Be Americans?, Vinay Harpalani
Can “Asians” Truly Be Americans?, Vinay Harpalani
Faculty Scholarship
Recent, tragic events have brought more attention to hate and bias crimes against Asian Americans. It is important to address these crimes and prevent them in the future, but the discourse on Asian Americans should not end there. Many non-Asian Americans are unaware or only superficially aware of the vast diversity that exists among us, along with the challenges posed by that diversity. Some have basic knowledge of the immigration and exclusion of Asian Americans, the internment of Japanese Americans which was upheld in Korematsu v. United States, and the “model minority stereotype”, but these are Asian Americans 101. This …
Can “Asians” Truly Be Americans?, Vinay Harpalani
Can “Asians” Truly Be Americans?, Vinay Harpalani
Washington and Lee Journal of Civil Rights and Social Justice
Recent, tragic events have brought more attention to hate and bias crimes against Asian Americans. It is important to address these crimes and prevent them in the future, but the discourse on Asian Americans should not end there. Many non-Asian Americans are unaware or only superficially aware of the vast diversity that exists among us, along with the challenges posed by that diversity. Some have basic knowledge of the immigration and exclusion of Asian Americans, the internment of Japanese Americans which was upheld in Korematsu v. United States, and the “model minority stereotype”, but these are Asian Americans 101. This …
Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran
Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran
Washington and Lee Journal of Civil Rights and Social Justice
Even before the recent coronavirus pandemic, race, ethnicity, and socioeconomic status played a powerful role in allocating opportunity—in the public schools and elsewhere. The pandemic has laid bare the dimensions of this inequality with a new and alarming clarity. In this essay, I first will focus on the landscape of educational inequity that existed before the coronavirus forced public schools to shut down. In particular, I will explore patterns of racial and ethnic segregation in America’s schools and how those patterns are linked to additional challenges based on socioeconomic isolation. In addition, I will consider the role of language and …
Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti
Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
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.
Let Indians Decide: How Restricting Border Passage By Blood Quantum Infringes On Tribal Sovereignty, Rebekah Ross
Let Indians Decide: How Restricting Border Passage By Blood Quantum Infringes On Tribal Sovereignty, Rebekah Ross
Washington Law Review
American immigration laws have been explicitly racial throughout most of the country’s history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)—all but one. Section 289 of the INA allows “American Indians born in Canada” to freely cross into the United States if they possess at least 50% blood “of the American Indian race.” Such American Indians cannot be prohibited from entering the United States and can obtain lawful permanent residence status—if they meet the blood quantum requirement. Such racialized immigration controls arbitrarily restrict cross-border Indigenous …
Making The Extraordinary Ordinary: Examining The Impact Of Shifting Immigration Policies On Professional Athletics In The United States, Rachel Insalaco
Making The Extraordinary Ordinary: Examining The Impact Of Shifting Immigration Policies On Professional Athletics In The United States, Rachel Insalaco
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
“We Are Asking Why You Treat Us This Way. Is It Because We Are Negroes?” A Reparations-Based Approach To Remedying The Trump Administration’S Cancellation Of Tps Protections For Haitians, Sarah E. Baranik De Alarcón, David H. Secor, Norma Fuentes-Mayorga
“We Are Asking Why You Treat Us This Way. Is It Because We Are Negroes?” A Reparations-Based Approach To Remedying The Trump Administration’S Cancellation Of Tps Protections For Haitians, Sarah E. Baranik De Alarcón, David H. Secor, Norma Fuentes-Mayorga
Michigan Journal of Race and Law
This Article places the Trump Administration’s decision to cancel TPS for Haitians within the longer history of U.S. racism and exclusion against Haiti and Haitians, observes the legal challenges against this decision and their limitations, and imagines a future that repairs the harms caused by past and current racist policies. First, this Article briefly outlines the history of exclusionary, race-based immigration laws in the United States, and specifically how this legal framework, coupled with existing anti-Black ideologies in the United States, directly impacted Haitians and Haitian immigrants arriving in the United States. Next, the Article provides an overview of the …
In Fear Of Black Revolutionary Contagion And Insurrection: Foucault, Galtung, And The Genesis Of Racialized Structural Violence In American Foreign Policy And Immigration Law, Ciji Dodds
Michigan Journal of Race and Law
This article investigates the power relation between the political anatomy of the Black soul and non-somatic expressions of white supremacy-based violence. Utilizing Michel Foucault’s theories of discipline and punishment in conjunction with Johan Galtung’s theory of structural violence, I posit that the exercise of state-sanctioned discipline and punishment in furtherance of white supremacy constitutes racialized structural violence. Thus, this article contributes to the current public discourse concerning the role white supremacy plays in America by establishing a new construct that can be used to dissect the nature of racial oppression.
Furthermore, this article analyzes the genesis and construction of racialized …
“A Very Great Penalty”: Mexican Immigration, Race, And 8 U.S.C § 1326, Benjamin Gonzalez O'Brien
“A Very Great Penalty”: Mexican Immigration, Race, And 8 U.S.C § 1326, Benjamin Gonzalez O'Brien
Maryland Journal of International Law
No abstract provided.
Mental Healthcare For Immigrants And First-Generation Families: Erasing The Stigma And Creating Solutions, Claudia Fendian
Mental Healthcare For Immigrants And First-Generation Families: Erasing The Stigma And Creating Solutions, Claudia Fendian
Journal of Health Care Law and Policy
No abstract provided.
Deconstructing Race In Immigration Law’S Origin Stories, Karla Mckanders
Deconstructing Race In Immigration Law’S Origin Stories, Karla Mckanders
Maryland Journal of International Law
No abstract provided.
A Free Pass On Racism: Immigration And The Equal Protection Doctrine, Kara Hartzler
A Free Pass On Racism: Immigration And The Equal Protection Doctrine, Kara Hartzler
Maryland Journal of International Law
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Political (Mis)Representation Of Immigrants In Voting, Ming H. Chen, Hunter Knapp
The Political (Mis)Representation Of Immigrants In Voting, Ming H. Chen, Hunter Knapp
Publications
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing immigrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immigrants and foreign-born voters having rights of semi-citizenship. By placing naturalization backlogs, voting restrictions, and reapportionment battles in the historical context of voter suppression, it provides a descriptive and normative account of the political misrepresentation of immigrants.