Category Archives: Immigration

Op-Ed: Protecting and serving U.S. immigrants [On Notarios] – Baltimore Sun

Op-Ed on Notarios: Liz Keyes, Protecting and serving U.S. immigrants – Baltimore Sun, Nov. 24, 2014.

New Article: “Opening Borders: African Americans and Latinos Through the Lens of Immigration”

New Article: Maritza Reyes, Opening Borders: African Americans and Latinos Through the Lens of Immigration, 17 Harv. Latino L. Rev. 1 (2014).  Abstract below:

African-American and Latino voter turnout during the 2008 and 2012 presidential elections hit record numbers. Polls show that the immigration debate influenced Latino voter turnout and preference. Presidential candidate Barack Obama’s voiced support of comprehensive immigration reform strengthened his lead among Latino voters in 2008 and, once in office, his executive policy of granting temporary protection to DREAMers solidified his lead among Latino voters in 2012. Both elections showed the power that minority groups can exert when they vote in support of the same candidate. If the demographic changes continue as currently estimated, African Americans and Latinos will contribute in large part to the making of the United States into a “majority-minority” nation and will play an increasingly important role in local and national politics. Therefore, it is important for Americans to become more inclusive of all minority groups and to expand discussions of race relations beyond the Black-White paradigm and discussions about immigration beyond the Latino-White paradigm.

As the polarized reactions to the Zimmerman verdict showed, there is much work to be done as the people of the United States continue the project of forming “a more perfect Union.” Honest assessments of how individuals and groups interact are crucial to opening borders and encouraging exchanges beyond socially constructed boundaries, like race, and racialized politics. African Americans and Latinos often compete with each other for political representation and other resources. In addition, the political consideration of immigration law and policy includes a racial dimension that is often camouflaged, but denial and silence about this reality do nothing to move the country forward. Therefore, immigration provides an opportunity to examine race relations and the potential for inter-group coalitions between African Americans and Latinos. For this reason, this Article also explores, through the lens of immigration, the role that race may play in the attitudes of African Americans and Latinos toward each other. One of the goals of this Article is to spark a candid dialogue that promotes a better understanding of race and its impact on interactions between African Americans and Latinos in the United States.

New Article: “Riding the Wave: Uplifting Labor Organizations Through Immigration Reform”

New Article: Jayesh Rathod, Riding the Wave: Uplifting Labor Organizations Through Immigration Reform, 4 UC Irvine L. Rev. 625 (2014).  Abstract below:

In recent years, labor unions in the United States have embraced the immigrants’ rights movement, cognizant that the very future of organized labor depends on its ability to attract immigrant workers and integrate them into union ranks. At the same time, the immigrants’ rights movement has been lauded for its successful organizing models, often drawing upon the vitality and ingenuity of immigrant-based worker centers, which themselves have emerged as alternatives to traditional labor unions. And while the labor and immigrants’ rights movements have engaged in some fruitful collaborations, their mutual support has failed to radically reshape the trajectory of either cause.

In this Article, I argue that the ongoing legislative debates around immigration reform provide a unique opportunity to reimagine and revitalize traditional organized labor and to strengthen newer, immigrant-centered worker organizations. In my view, this can be accomplished by positioning unions and worker organizations as key actors in immigration processes (for both temporary and permanent immigration) and in any likely legalization initiative. Their specific roles might include sponsoring or indirectly supporting certain visa applications, facilitating the portability of employment-related visas from one employer to another, offering training opportunities to meet immigration requirements, assisting with legalization applications, leading immigrant integration initiatives, and more.

Apart from the instrumental objective of attracting immigrants to the ranks of unions and worker organizations, this set of proposals will position these institutions as sites where the virtues of leadership, democratic participation, and civic engagement can be forged in new Americans. Indeed, these virtues coincide with the founding values of most U.S. labor unions; to the extent some unions have strayed from these values, the proposals provide an external imperative to reorient and rebrand unions as core civil society institutions. Moreover, immigrant worker centers have already become known for their focus on leadership development, democratic decision making, and civic education, and are therefore uniquely positioned to play this role. This convergence of utilitarian and transcendent objectives, in the current sociopolitical moment, justifies a special position for unions and worker organizations in the U.S. immigration system.

New Article: “Titles of Nobility: Poverty, Immigration, and Property in a Free and Democratic Society”

New Article: Joseph W. Singer, Titles of Nobility:  Poverty, Immigration, and Property in a Free  and Democratic Society, 1 J. L. Property & Soc’y 1 (2014).  This article is based on a keynote Singer gave at the 2013 AALS Conference on Poverty, Immigration, and Property.  It was a very good speech.  =)

New Report: “Understanding Central American Migration: The Crisis of Central American Child Migrants in Context”

New Report: Manuel Orozco & Julia Yansura, Understanding Central American Migration: The Crisis of Central American Child Migrants in Context (Aug. 2014).  Abstract below:

There has been a sharp increase in the number of unaccompanied migrant children from Central America attempting to enter the United States in the past few years. This increase is also seen among adults, though to a lesser degree. As the United States, Mexico, and Central American countries struggle to address this crisis, debates have raged surrounding the humanitarian, legal, and political implications of any possible solution to this complex and troubling issue. This memo aims to inform the current debate by integrating data on issues triggering this outflow while also introducing the perspectives of the people and communities they affect. Specifically, it draws on data from 900 municipalities to analyze migrant hometowns in relation to human development,violence, and education.In addition, it presents the results of a nationwide survey in El Salvador and a survey of Central American migrants residing in the Washington, DC metropolitan area.

NOTE: for those who work on migration issues, I can’t recommend Manuel Orozco’s studies high enough — he is the guru of immigrant remittances and does lots of other work as well.  

Honduran children seek safe haven in United States | New Orleans | The Advocate — Baton Rouge, LA

Honduran children seek safe haven in United States | New Orleans | The Advocate — Baton Rouge, LA.

America’s Response to Child Refugees on the Border is Downright Shameful | Perspectives | BillMoyers.com

America’s Response to Child Refugees on the Border is Downright Shameful | Perspectives | BillMoyers.com.

Two New Practice Guides: “U Visas for Immigrant Victims of Hate Crimes: A Practice Guide for Advocates” and ” Financial Costs for Youth and Their Families in the Alameda County Juvenile Justice System: A Guide for Advocates”

Two New Practice Guides prepared as part of a Berkeley law clinic program:

New Symposium Issue Published: “Reigniting Community: Strengthening the Asian Pacific American Identity”

New Symposium Issue Published: UC Irvine Law Review has published an issue from a symposium on “Reigniting Community: Strengthening the Asian Pacific American Identity” that has a long list of interesting articles, many of which have poverty law relevance:

Reigniting Community: Strengthening the Asian Pacific American Identity
Denny Chan, Jennifer Chin, and James Yoon

Policing “Radicalization”
Amna Akbar

Pitting Our Youth Against Each Other: Moving School Harassment and Bullying Policy from a Zero Tolerance Discipline to Safe School Environment Framework
Khin Mai Aung

“It’s a Kākou Thing”: The DADT Repeal and a New Vocabulary of Anti-Subordination
Kim D. Chanbonpin

The Invention of Asian Americans
Robert S. Chang

“A Chinaman’s Chance” in Court: Asian Pacific Americans and Racial Rules of Evidence
Gabriel J. Chin

Critical Ethnic Legal Histories: Unearthing the Interracial Justice of Filipino American Agricultural Labor Organizing
Marc-Tizoc González

Citizenship, Voting, and Asian American Political Engagement
Ana Henderson

The Significance of Skin Color in Asian and Asian-American Communities: Initial Reflections
Trina Jones

Half/Full
Nancy Leong

Reconceptualizing Asian Pacific American Identity at the Margins
Julian Lim

Legal Solutions for APA Transracial Adoptees
Kim H. Pearson

“Of the Law, but Not Its Spirit”: Immigration Marriage Fraud as Legal Fiction and Violence Against Asian Immigrant Women
Lee Ann S. Wang

The Unbearable Whiteness of Milk: Food Oppression and the USDA*
Andrea Freeman

An Invisibility Cloak: The Model Minority Myth and Unauthorized Asian Immigrants
Denny Chan

New Article: “Creating Crimmigration”

New Article: César Cuauhtémoc García Hernández, Creating Crimmigration, 2013 BYU L. Rev. 1457 (2014).  Abstract below:

Scholars from a variety of disciples have begun to map the contours of crimmigration law, the convergence of criminal law and immigration law, in the United States. None, however, has explained why these two bodies of law, long operating mostly independently of each other, began to intersect with increasing frequency and severity in the closing decades of the twentieth century and not earlier. This Article unravels the political and legal shifts that occurred in the United States during this period to provide a historically contextualized explanation of crimmigration law’s creation. Specifically, this Article contends that, in the aftermath of the civil rights movement, overt racism became culturally disdained and facially racist laws impermissible. Derision of people of color, however, did not cease. Instead, racism hid behind a veneer of facially neutral rhetoric to find a new outlet in laws penalizing criminal activity. A few years later when immigration became a national political concern for the first time since the civil rights era, policymakers turned to criminal law and procedure to do what race had done in earlier generations: sort the desirable newcomers from the undesirable.