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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 Jan 2014

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 Jan 2013

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 Jan 2013

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 Jan 2012

Why A Wall, Pratheepan Gulasekaram

Publications

No abstract provided.


Restrictive State And Local Immigration Laws: Solutions In Search Of Problems, Pratheepan Gulasekaram, Karthick Ramakrishnan Jan 2012

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 Jan 2012

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 Jan 2012

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 Jan 2011

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 Jan 2011

¡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 Jan 2010

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 Jan 2009

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 Jan 2009

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 Jan 2007

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 Jan 2002

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 Jan 1999

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 Jan 1997

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 Jan 1996

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 Jan 1986

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 Jan 1981

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.