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Immigration Law Commons™

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University at Buffalo School of Law

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Articles 31 - 56 of 56

Full-Text Articles in Immigration Law

Immigration As Urban Policy, Rick Su Oct 2010

Immigration As Urban Policy, Rick Su

Journal Articles

Immigration has done more to shape the physical and social landscape of many of America’s largest cities than almost any other economic or cultural force. Indeed, immigration is so central to urban development in the United States that it is a wonder why immigration is not explicitly discussed as an aspect of urban policy. Yet in the national conversation over immigration, one would strain to hear it described in this manner. This essay addresses this oversight by making the case for a reorientation of immigration toward urban policy; and it does so by advocating for an immigration regime that both …


Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller Oct 2010

Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller

Journal Articles

This article traces the evolution of “get tough” sentencing and corrections policies that were touted as the solution to a criminal justice system widely viewed as “broken” in the mid-1970s. It draws parallels to the adoption some twenty years later of harsh, punitive policies in the immigration enforcement system to address perceptions that it is similarly “broken,” policies that have embraced the theories, objectives and tools of criminal punishment, and caused the two systems to converge. In discussing the myriad of harms that have resulted from the convergence of these two systems, and the criminal justice system’s recent shift away …


The Overlooked Significance Of Arizona's New Immigration Law, Rick Su Jan 2010

The Overlooked Significance Of Arizona's New Immigration Law, Rick Su

Journal Articles

The current debate over Arizona's new immigration statute, S.B. 1070, has largely focused on the extent to which it “empowers” or “allows” state and local law enforcement officials to enforce federal immigration laws. Yet, in doing so, the conversation thus far overlooks the most significant part of the new statute: the extent to which Arizona mandates local immigration enforcement by attacking local control. The fact is the new Arizona law does little to adjust the federalist balance with respect to immigration enforcement. What it does, however, is threaten to radically alter the state-local relationship by eliminating local discretion, undermining the …


Local Fragmentation As Immigration Regulation, Rick Su Jan 2010

Local Fragmentation As Immigration Regulation, Rick Su

Journal Articles

Immigration scholars have traditionally focused on the role of national borders and the significance of nation-state citizenship. At the same time, local government scholars have called attention to the significance of local boundaries, the consequence of municipal residency, and the influence of the two on the fragmentation of American society. This paper explores the interplay between these two mechanisms of spatial and community controls. Emphasizing their doctrinal and historic commonalities, this article suggests that the legal structure responsible for local fragmentation can be understood as second-order immigration regulation. It is a mechanism that allows for finer regulatory control than the …


Romance Is Dead: Mail Order Bridges As Surrogate Corpses, Daniel Epstein Sep 2008

Romance Is Dead: Mail Order Bridges As Surrogate Corpses, Daniel Epstein

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Empowering Victims, Opening Borders Preventing Human Trafficking By Adjusting Immigration Laws To Accommodate The Supply And Demand Of Migrant Workers, Julie Krüger Sep 2008

Empowering Victims, Opening Borders Preventing Human Trafficking By Adjusting Immigration Laws To Accommodate The Supply And Demand Of Migrant Workers, Julie Krüger

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Notes On The Multiple Facets Of Immigration Federalism, Rick Su Jan 2008

Notes On The Multiple Facets Of Immigration Federalism, Rick Su

Journal Articles

This symposium essay takes as its starting point the contestable position that some degree of immigration federalism is both constitutionally permissible and politically desirable. It suggests, however, that liberating the issue of immigration from the shadows of federal exclusivity does not necessarily tell us much about what a conceptual framework or legal jurisprudence of immigration federalism should or will actually be like. This is not solely a function of the difficulties inherent in incorporating principles of federalism into what is usually understood to be an exclusive federal field of immigration. Rather, it is also a consequence of the rifts and …


A Localist Reading Of Local Immigration Regulations, Rick Su Jan 2008

A Localist Reading Of Local Immigration Regulations, Rick Su

Journal Articles

The conventional account of immigration-related activity at the local level often assumes that the "local" is simply a new battleground in the national immigration debates. This article questions that presumption. Foregrounding the legal rules that define local governments and channels local action, this article argues that the local immigration "crisis" is much less a consequence of federal immigration policy than normally assumed. Rather, it can also be understood as a familiar byproduct of localism: the legal and cultural assumptions that shape how we structure and organize local communities, provide and allocate local services, and define the legal relationship of local, …


A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller Jan 2008

A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller

Journal Articles

This paper situates the current “crisis” surrounding the arrival and continued presence of undocumented immigrants in the United States within penological trends that have taken root in American law over the past thirty years. It positions the shift from more benevolent to the increasingly harsh legal treatment of undocumented immigrants as the continuation of a succession of legal reforms criminalizing immigrants, and governing immigration through crime. By charting the increasing salience of crime in public perceptions of undocumented immigrants, and comparing the immediately preceding criminal stigmatization of so-called “criminal aliens”, this paper exposes current severity toward undocumented immigrants as consistent …


Driving Too Fast: Spitzer's Failed Experiment At Immigration Reformation, Katherine Liebner Sep 2007

Driving Too Fast: Spitzer's Failed Experiment At Immigration Reformation, Katherine Liebner

Buffalo Public Interest Law Journal

No abstract provided.


Assessing The Collateral International Consequences Of The U.S.' Removal Policy, Tara Pinkham Sep 2006

Assessing The Collateral International Consequences Of The U.S.' Removal Policy, Tara Pinkham

Buffalo Human Rights Law Review

No abstract provided.


Limiting The Application Of Jus Soli: The Resulting Status Of Undocumented Children In The United States, Brooke Kirkland Sep 2006

Limiting The Application Of Jus Soli: The Resulting Status Of Undocumented Children In The United States, Brooke Kirkland

Buffalo Human Rights Law Review

No abstract provided.


Maria Isabel Casablanca & Gloria Roa Bodin's Immigration Law For Paralegals, Elizabeth G. Adelman Jan 2006

Maria Isabel Casablanca & Gloria Roa Bodin's Immigration Law For Paralegals, Elizabeth G. Adelman

Book Reviews

No abstract provided.


Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller Jan 2005

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.


Domestic Violence, Gender-Related Asylum And In Re R.A., Bryn D. Powell Sep 2004

Domestic Violence, Gender-Related Asylum And In Re R.A., Bryn D. Powell

Buffalo Women's Law Journal

No abstract provided.


Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller Jan 2003

Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller

Journal Articles

Over the past twenty years, scholars of criminal law, criminology and criminal punishment have documented a transformation in the practices, objectives, and institutional arrangements underlying a range of criminal justice system functions that are at the heart of penal modernism. In contrast to the preceding eighty years of criminal justice practices that were progressively more modern in their belief in the rationality of the criminal offender and their concern for enhancing civilization through rehabilitative responses to criminality, these scholars note that since the mid-198''0s the relatively settled assumptions about the framework that shaped criminal justice and penal practices for nearly …


Subjectship, Citizenship, And The Long History Of Immigration Regulation, Robert J. Steinfeld Oct 2001

Subjectship, Citizenship, And The Long History Of Immigration Regulation, Robert J. Steinfeld

Journal Articles

No abstract provided.


Assimilation, Pluralism And Multiculturalism: The Policy Of Racial/Ethnic Identity In America, Anita Christina Butera Sep 2001

Assimilation, Pluralism And Multiculturalism: The Policy Of Racial/Ethnic Identity In America, Anita Christina Butera

Buffalo Human Rights Law Review

No abstract provided.


Exposing Secret Evidence: Eliminating A New Hardship Of United States Immigration Policy, D. Mark Jackson Sep 2000

Exposing Secret Evidence: Eliminating A New Hardship Of United States Immigration Policy, D. Mark Jackson

Buffalo Public Interest Law Journal

No abstract provided.


Female Circumcision In The Modern Age: Should Female Circumcision Now Be Considered Grounds For Asylum In The United States, Gregory A. Kelson Sep 1998

Female Circumcision In The Modern Age: Should Female Circumcision Now Be Considered Grounds For Asylum In The United States, Gregory A. Kelson

Buffalo Human Rights Law Review

No abstract provided.


Refugee Rights: The New Frontier Of Human Rights Protection, Bill Frelick Sep 1998

Refugee Rights: The New Frontier Of Human Rights Protection, Bill Frelick

Buffalo Human Rights Law Review

No abstract provided.


Hope For The Future Recognition Of Women's Rights In Asylum Decision, Laura Vasquez Jan 1995

Hope For The Future Recognition Of Women's Rights In Asylum Decision, Laura Vasquez

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


"School's Closed!": Schoolchildren's Fantasy Almost Becomes Stark Reality For Undocumented Mexican Immigrants, Edward P. Yankelunas Oct 1982

"School's Closed!": Schoolchildren's Fantasy Almost Becomes Stark Reality For Undocumented Mexican Immigrants, Edward P. Yankelunas

In the Public Interest

No abstract provided.


The Menace Of Administrative Law (1920), John Lord O'Brian Aug 1974

The Menace Of Administrative Law (1920), John Lord O'Brian

Buffalo Law Review

Reprinted from the Proceedings of the Twenty-Fifth Annual Meeting of the Maryland State Bar Association, 1920.


Administrative Law—Expansive Discretion Allowed Executive Branch In Admission Of Politically Disfavored Aliens., Susan Ginsberg Jan 1973

Administrative Law—Expansive Discretion Allowed Executive Branch In Admission Of Politically Disfavored Aliens., Susan Ginsberg

Buffalo Law Review

Kleindienst v. Mandel, 408 U.S. 753 (1972).


Does Congress Have The Constitutional Authority To Expatriate American Citizens?, William M. Feigenbaum Oct 1972

Does Congress Have The Constitutional Authority To Expatriate American Citizens?, William M. Feigenbaum

Buffalo Law Review

No abstract provided.