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Full-Text Articles in Law
Immigration And Racial Justice: Enforcing The Borders Of Blackness, Karla Mckanders
Immigration And Racial Justice: Enforcing The Borders Of Blackness, Karla Mckanders
Georgia State University Law Review
Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking to halt the blackening and browning of America. This Article engages with the impact of immigration enforcement at the intersection of anti-Black racism and interrogates how foundational immigration laws that exist outside constitutional norms have rendered Black immigrants invisible. At this intersection, Black immigrants experience a double bind where enforcement of immigration laws and the criminal legal system have a disparate impact resulting in disproportionate incarceration and deportation.
First, the Article …
Taming Immigration, David A. Martin
Taming Immigration, David A. Martin
Georgia State University Law Review
Remarks on Immigration by David A. Martin at the 64th Henry J. Miller Distinguished Lecture
The Rise Of Zero Tolerance And The Demise Of Family, Mariela Olivares
The Rise Of Zero Tolerance And The Demise Of Family, Mariela Olivares
Georgia State University Law Review
This article explores the intersection of immigration law and family law and argues that the current regime dedicated to decimating immigrant families in the United States does not comport with the history and spirit of immigration law and policy. Policies shifting away from family unity and towards an inhumane treatment of immigrant families is anchored in the political rhetoric that normalizes the oppression of immigrants. By characterizing immigrants as nonhuman—even “animals,” as described by President Donald Trump—the current slate of anti-immigrant policies that specifically target families is normalized. Part I discusses contemporary immigration law that terrorizes the family unit and …
Deference Condoning Apathy: Social Visibility In The Eleventh Circuit, Adriana C. Heffley
Deference Condoning Apathy: Social Visibility In The Eleventh Circuit, Adriana C. Heffley
Georgia State University Law Review
This Note examines the history of the social-visibility requirement for Particular Social Groups in Eleventh Circuit asylum claims and the adjudication disparities that have resulted from its imposition in the southeastern United States. Part I of this Note introduces the asylum application process, examines the historical treatment of Particular Social Groups nationally, and traces the recent restrictions on Particular Social Groups within the Eleventh Circuit in particular. Part II compares the Eleventh Circuit’s treatment of Particular Social Groups to treatment in the Third and Seventh Circuits and considers how previously successful claims for asylum would fare under the current state …
The School To Deportation Pipeline, Laila L. Hlass
The School To Deportation Pipeline, Laila L. Hlass
Georgia State University Law Review
The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has seeped into the system through the convergence of the criminal and immigration law regimes.
Immigration enforcement has seen a rise in mass immigrant detention and deportation, bolstered by provocative language casting immigrants as undeserving undesirables: criminals, gang members, and terrorists. Immigrant children, particularly black and Latino boys, are increasingly finding themselves in …
State Government Hb 87, Georgia State University Law Review
State Government Hb 87, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Deporting Families: Legal Matter Or Political Question?, Angela M. Banks
Deporting Families: Legal Matter Or Political Question?, Angela M. Banks
Georgia State University Law Review
Last year 245,424 noncitizens were removed from the United States, and courts played virtually no role in ensuring that these decisions did not violate individual substantive rights like freedom of speech, substantive due process, or retroactivity. Had these individuals been deported from a European country, domestic and regional courts would have reviewed the decisions to ensure compatibility with these types of rights. Numerous international law scholars and immigration scholars seek to minimize the gap between the legal processes offered in the United States and Europe for noncitizens challenging deportation orders. Many of these scholars contend that greater recognition of international …
The Following Article Addresses A Package Of Immigration Bills That Would Have Affected A Variety Of Titles In The Official Code Of Georgia Annotated, Susan S. Blum
Georgia State University Law Review
HR 256 - The resolution would have proposed an amendment to the Constitution of the State of Georgia to bar undocumented immigrants from the following: receiving any public services provided by the state, receiving any publicly funded health care services provided by the state, accessing public elementary and secondary schools of the state, and attending any public postsecondary institution of the state. The resolution would have presented the proposed constitutional amendment to Georgia voters for ratification or rejection. SB 169 - The bill would have prohibited any department, agency, instrumentality, or political subdivision of the State of Georgia from entering …