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Articles 31 - 56 of 56
Full-Text Articles in Immigration Law
Immigration As Urban Policy, Rick Su
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
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
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
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
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
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Notes On The Multiple Facets Of Immigration Federalism, Rick Su
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
"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
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
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
Does Congress Have The Constitutional Authority To Expatriate American Citizens?, William M. Feigenbaum
Buffalo Law Review
No abstract provided.