University of Chicago Law Review Symposium on Immigration

University of Chicago Law Review Symposium on Immigration with some great articles available here.  (Vol. 80, Issue 1, 2013).

New Article: “The Passive Logic of Immigration Detention: Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness”

New Article: César Cuauhtémoc García Hernández, The Passive Logic of Immigration Detention: Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness, 1 Colum. J. Race & L. 353 (2013).  Abstract below:

In an effort to explain the massive growth of immigration imprisonment, this Essay explores the use of race and class as tools for policing immigration law.  The Essay does this by contemplating the effect of an immigration law scheme that, at its most fundamental, requires sorting desirable immigrants from undesirable immigrants, and that, in recent years, has accomplished this sorting through increased reliance on criminal records.  Placing these two features of contemporary immigration law within the context of two decades-old forms of indisputably racialized policing—mass incarceration of black and brown people for criminal law violations and the Supreme Court’s sanctioning of racial profiling in immigration law policing—the Essay concludes that it was inevitable for penal imprisonment trends to taint immigration law enforcement with raced and classed mass incarceration.

New Article: “Gideon’s Migration”

New Article: Ingrid V. Eagly, Gideon’s Migration, __ Yale L.J. __ (2013).  Abstract below (Note: I’m not sure of the citation despite what is on SSRN).

For the past fifty years, immigration law has resisted integration of Gideon v. Wainwright’s legacy of appointed counsel for the poor. Today, however, this resistance has given way toGideon’s migration. At the level of everyday practice, criminal defense attorneys appointed pursuant to Gideon now advise clients on the immigration consequences of convictions, negotiate “immigration safe” plea bargains, defend clients charged with immigration crimes, and, in some model programs, even represent criminal defendants in immigration court. A formal right to appointed counsel in immigration proceedings has yet to be established, but proposals grounded in the constitution, statutes, and expanded government funding are gaining momentum.

From the perspective of criminal defense, the changing role of Gideon-appointed counsel raises questions about the breadth and depth of immigration assistance that should develop under the defense umbrella. From the perspective of immigration legal services, the potential importation of a Gideon-inspired right to counsel requires consideration of the appropriate scope and design for an immigration defender system. This Essay does not attempt to resolve these challenging questions, but rather provides a framework for further reflection grounded in lessons learned from the criminal system’s implementation of Gideon.

New Report: “Taken For A Ride: H-2B Migrant Workers in the Fair Industry”

New Report: Centro de los Derechos del Migrante (CDM) & American University Washington College of Law’s Immigrant Justice Clinic, Taken For A Ride: H-2B Migrant Workers in the Fair Industry (2013).

New Book: “Marginal Workers: How Legal Fault Lines Divide Workers and Leave Them without Protection”

New Book: Ruben J. Garcia, Marginal Workers: How Legal Fault Lines Divide Workers and Leave Them without Protection (2012).  Book description below:

Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such as constitutional and immigration laws. Worse still, the groups who fall into these cracks in the legal system often do not have the political power necessary to change the laws for better protection.

In Marginal Workers, Ruben J. Garcia demonstrates that when it comes to these marginal workers, the sum of the law is less than its parts, and, despite what appears to be a plethora of applicable statutes, marginal workers are frequently lacking in protection. To ameliorate the status of marginal workers, he argues for a new paradigm in worker protection, one based on human freedom and rights, and points to a number of examples in which marginal workers have organized for greater justice on the job in spite of the weakness of the law.

New Report: “Money Transfers to Mexico: A Manual Examining the Transfer of Funds from U.S. Advocates to Clients in Mexico”

New Report: “Money Transfers to Mexico: A Manual Examining the Transfer of Funds from U.S. Advocates to Clients in Mexico” (Immigrant Justice Clinic at American University Washington College of Law, Global Workers Justice Alliance, and Centro de los Derechos del Migrante Inc. 2012).

New Issue of Stanford’s Pathways Magazine

Stanford’s Center on Poverty and Inequality has published a new issue of Pathways, available here.  The contents from the website are below:

TRENDS

• The Social Contract in an Era of Precarious Work
  Arne L. Kalleberg
  Where have all the good jobs gone? Even before the Great Recession, secure employment was becoming difficult to find. 

RESEARCH IN BRIEF

• A Report on New Poverty and Inequality Research
  Christopher Wimer
  Eviction and its role as a poverty trigger; “intense schools” and their effects on disadvantaged youth; racial disparities in receipt of Unemployment Insurance; and other cutting-edge research.

A SOCIAL FALLOUT TO THE GREAT RECESSION?

• The Great Decline in American Immigration?
  Douglas S. Massey
  Immigrants accounted for over a third of U.S. population growth in recent decades. But the Great Recession is bringing about a real turnaround in immigration dynamics.
• The Crime Wave That Wasn’t
  Christopher Uggen
  An economic downturn is supposed to raise crime rates by reducing opportunities for licit employment and earnings. Why, then, have most types of crime continued to decline throughout the Great Recession?
• Is the Recession Making Us Sick?
  Sarah Burgard
  So far, at least, there’s no evidence of a recession-induced health epidemic. But there are troubling developments in children’s health and in depression among young adults that could lead to problems down the road.
• Sheltering the Storm: American Families in the Great Recession
  S. Philip Morgan, Erin Cumberworth, and Christopher Wimer
  The decision to have a baby, to form or end a union, and to return to the nest are all family behaviors that might be sensitive to economic downturns. Is the recession indeed changing the family? And are “red” and “blue” families reacting differently?

INTERVENTION

• Can the Newly-Reelected Obama Save the American Public School?
  A conversation between William Julius Wilson and Sylvie Laurent
  Under the Obama administration, education policy has shifted in fundamental ways, yet the changes have remained largely under the radar. We’ve invited two preeminent scholars to a mini-debate on how these changes will play out.

 

New Article: “The Impact of Prohibiting Legal Service Corporation Offices from Representing Undocumented Immigrants on Migrant Farmworker Litigation”

New Article: James R. Smerbeck, Note, The Impact of Prohibiting Legal Service Corporation Offices from Representing Undocumented Immigrants on Migrant Farmworker Litigation, 45 Ind. L. Rev. 513 (2012).

New Report on Remittances and New Haven

New Report: Charanya Krishnaswami, Ariel Stevenson & Celso Perez Carballo, Supporting Transnational Families: Improving Remittance and Banking Services for Immigrants in New Haven (2012).

Some of you know remittances are a favorite topic of mine.  My own work on the topic is here (a full length article), Immigrant Remittances, 41 Connecticut Law Review 1 (2008), and here (a brief article), Children’s Consumption of Migration: Remittances and Food Security, 5 Border-Lines 181 (2011) (UN World Food Program Symposium).

New Report: “Access Denied: The Unfulfilled Promise of the D.C. Language Access Act”

New Report: American Univ. WCL Immigrant Justice Clinic, Access Denied: The Unfulfilled Promise of the D.C. Language Access Act (2012).