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Articles 31 - 49 of 49
Full-Text Articles in Immigration Law
Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen
Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen
Publications
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.
Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan
Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan
Publications
No abstract provided.
Panel Discussion Iii: Recognizing And Addressing Immigration Concerns In The Criminal Process, Violeta Chapin, Dan Kesselbrenner, Christina Kleiser
Panel Discussion Iii: Recognizing And Addressing Immigration Concerns In The Criminal Process, Violeta Chapin, Dan Kesselbrenner, Christina Kleiser
Publications
No abstract provided.
Why A Wall, Pratheepan Gulasekaram
Restrictive State And Local Immigration Laws: Solutions In Search Of Problems, Pratheepan Gulasekaram, Karthick Ramakrishnan
Restrictive State And Local Immigration Laws: Solutions In Search Of Problems, Pratheepan Gulasekaram, Karthick Ramakrishnan
Publications
No abstract provided.
Where You Stand Depends On Where You Sit: Bureaucratic Politics In Federal Workplace Agencies Serving Undocumented Workers, Ming H. Chen
Where You Stand Depends On Where You Sit: Bureaucratic Politics In Federal Workplace Agencies Serving Undocumented Workers, Ming H. Chen
Publications
This Article integrates social science theory about immigrant incorporation and administrative agencies with empirical data about immigrant-serving federal workplace agencies to illuminate the role of bureaucracies in the construction of rights. More specifically, it contends that immigrants' rights can be protected when workplace agencies incorporate immigrants into labor law enforcement in accordance with the agencies' professional ethos and organizational mandates. Building on Miles' Law that "where you stand depends on where you sit," this Article argues that agencies exercise discretion in the face of contested law and in contravention to a political climate hostile to undocumented immigrants for the purpose …
The Importance Of The Political In Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan
The Importance Of The Political In Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan
Publications
This Article provides a systematic, empirical investigation of the genesis of state and local immigration regulations, discrediting the popular notion that they are caused by uneven demographic pressures across the country. It also proffers a novel theory to explain the proliferation of these policies and queries the implications of this new model for federalism analysis. The story we tell in this paper is both political and legal; understanding immigration politics uncovers vital truths about the recent rise of subnational involvement in a policy arena that courts and commentators have traditionally ascribed to the federal government. Thus, this article connects the …
No Exception To The Rule: The Unconstitutionality Of State Immigration Enforcement Laws, Pratheepan Gulasekaram
No Exception To The Rule: The Unconstitutionality Of State Immigration Enforcement Laws, Pratheepan Gulasekaram
Publications
No abstract provided.
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
Publications
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 to report …
Alienated: A Reworking Of The Racialization Thesis After September 11, Ming H. Chen
Alienated: A Reworking Of The Racialization Thesis After September 11, Ming H. Chen
Publications
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 …
Sub-National Immigration Regulation And The Pursuit Of Cultural Cohesion, Pratheepan Gulasekaram
Sub-National Immigration Regulation And The Pursuit Of Cultural Cohesion, Pratheepan Gulasekaram
Publications
The past several years have witnessed a significant increase in the volume of state and local laws related to immigration, many of them attempting to increase law enforcement efforts, and deny residency, public benefits, and employment to undocumented immigrants. Ostensibly erected for resource-guarding reasons, these sub-national regulations act as legally constructed walls, closing off local communities to migrants. Proponents of such measures also contend that sub-national closure-especially in the shadow of lax national border control-is critical to cultural stability and preservation. This Article maintains that resource-guarding rationales are proxies for culture-based exclusion. As such, this Article argues that policymakers at …
Sanctuary Policies & Immigration Federalism: A Dialectic Analysis, Pratheepan Gulasekaram, Rose Cuison Villazor
Sanctuary Policies & Immigration Federalism: A Dialectic Analysis, Pratheepan Gulasekaram, Rose Cuison Villazor
Publications
No abstract provided.
Aliens With Guns: Equal Protection, Federal Power, And The Second Amendment, Pratheepan Gulasekaram
Aliens With Guns: Equal Protection, Federal Power, And The Second Amendment, Pratheepan Gulasekaram
Publications
The nexus between guns and alienage presents a window through which to assess the competing constitutional values embodied in the Equal Protection Clause, the federal foreign-affairs power, and the Second Amendment. This Article analyzes the application of equal-protection norms and the federal foreign-affairs power on federal and state statutes that restrict the ability of non-citizens to bear arms. Professor Gulasekaram argues that courts should evaluate alienage restrictions at both the state and federal level under a unified analytic framework that would attempt to reconcile both personhood norms, such as equality, and gate-keeping norms vindicated by reliance on federal-power doctrines. As …
Bicentennial Man -- The New Millennium Assimilationism And The Foreigner Among Us, Lolita K. Buckner Inniss
Bicentennial Man -- The New Millennium Assimilationism And The Foreigner Among Us, Lolita K. Buckner Inniss
Publications
No abstract provided.
Tricky Magic: Blacks As Immigrants And The Paradox Of Foreignness, Lolita K. Buckner Inniss
Tricky Magic: Blacks As Immigrants And The Paradox Of Foreignness, Lolita K. Buckner Inniss
Publications
Since the beginning of the nation, white Americans have suffered from a deep inner uncertainty as to who they really are. One of the ways that has been used to simplify the answer has been to seize upon the presence of black Americans and use them as a marker, a symbol of limits, a metaphor for the "outsider." Many whites could look at the social position of blacks and feel that color formed an easy and reliable gauge for determining to what extent one was or was not American. Perhaps that is why one of the first epithets that many …
Dutch Uncle Sam: Immigration Reform And Notions Of Family, Lolita Buckner Inniss
Dutch Uncle Sam: Immigration Reform And Notions Of Family, Lolita Buckner Inniss
Publications
No abstract provided.
California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss
California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss
Publications
No abstract provided.
The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel
The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel
Publications
No abstract provided.
Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya
Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya
Publications
No abstract provided.