Open Access. Powered by Scholars. Published by Universities.®

Law and Race Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law and Race

Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter Jan 2021

Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter

Articles

As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants ...


Project Protect Food Systems' Colorado Coronavirus Crisis Essential Food System Worker Policy Response Agenda, Alexia Brunet Marks, Hunter Knapp, Nicole Civita Jan 2020

Project Protect Food Systems' Colorado Coronavirus Crisis Essential Food System Worker Policy Response Agenda, Alexia Brunet Marks, Hunter Knapp, Nicole Civita

Articles

"Revised Colorado Coronavirus Crisis Essential Food System Worker Policy Response Agenda."


Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen Jan 2018

Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen

Articles

The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision-making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It concludes ...


Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen Jan 2014

Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen

Articles

On the fiftieth anniversary of the Civil Rights Act of 1964, this Article asks how federal civil rights laws evolved to incorporate the needs of non-English speakers following landmark immigration reform (the 1965 Hart-Cellar Act) that led to unprecedented migration from Asia and Latin America. Based on a comparative study of the emergence of language rights in schools and workplaces from 1965 to 1980, the Article demonstrates that regulatory agencies used nonbinding guidances to interpret the undefined statutory term "national origin discrimination" during their implementation of the Civil Rights Act of 1964. Their efforts facilitated the creation of language rights ...


Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen Jan 2014

Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen

Articles

The fiftieth anniversary of the Civil Rights Act of 1964 offers an important opportunity to reflect on an earlier moment when civil rights evolved to accommodate new waves of immigration. This essay seeks to explain how civil rights laws evolved to include rights for immigrants and non-English speakers. More specifically, it seeks to explain how policy entrepreneurs in agencies read an affirmative right to language access.


¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin Jan 2011

¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin

Articles

At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's immigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police ...


Alienated: A Reworking Of The Racialization Thesis After September 11, Ming H. Chen Jan 2010

Alienated: A Reworking Of The Racialization Thesis After September 11, Ming H. Chen

Articles

This article revises widespread application of the racialization thesis to Arabs, Muslims, and South Asians following September 11. It suggests in its place an “alienation thesis” to describe the formation of an alien identity for those perceived and treated as noncitizens. This thesis draws on Asian American and critical race scholarship to re-interpret sociological understandings of the post-September 11 response to Arabs, Muslims, and South Asians. The article concludes that shifting conceptions of this phenomenon is critical to reforming “alienating” practices that function not only to cause harm to their intended targets, but also to distort the legal requirements of ...