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Articles 1 - 3 of 3
Full-Text Articles in Law
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 …
The End Of Deportation, Angélica Cházaro
The End Of Deportation, Angélica Cházaro
Articles
This Article introduces to legal scholarship a new horizon for pro-immigrant scholarship and advocacy: deportation abolition. The ever-present threat of deportation shapes the daily lives of noncitizens. Instead of aiming for a pathway to citizenship, most noncitizens must now contend with dodging the many pathways to banishment. Despite growing threats to immigrant survival, most pro-immigrant scholarship and advocacy that aims to reduce migrant suffering assumes deportation as inevitable. The focus remains on improving individual outcomes by aligning the process of deportation with due process and the rule of law. But considered from the point of view of those facing deportation, …
An Innovative Approach To Movement Lawyering: An Immigrant Rights Case Study, Christine N. Cimini, Doug Smith
An Innovative Approach To Movement Lawyering: An Immigrant Rights Case Study, Christine N. Cimini, Doug Smith
Articles
The role of lawyers in social change movements is more important than ever as communities mobilize around systemic racism, police killings, xenophobia, rising unemployment, and widening economic inequality. The immigrant rights movement is a critical part of these efforts to foment change. This Article leverages an in-depth case study – the rise and fall of the controversial immigration enforcement program known as Secure Communities - to explore how lawyers work as part of a community to challenge power and effectuate change. The dismantling of Secure Communities was widely credited to a relentless campaign to thwart the government’s then-expanding deportation strategy. …