Tag Archives: Immigration

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).

New Article: ““Strong Words, Gentle Deeds”: Evaluating the Effectiveness of the Maryland Immigration Consultant Act Five Years On”

New Article: Cori Alonso-Marsden, ““Strong Words, Gentle Deeds”: Evaluating the Effectiveness of the Maryland Immigration Consultant Act Five Years On,” 4 Legis. & Pol’y Brief 75 (2012).

-Congrats Cori! (She is a former student and now an attorney with Ayuda)

New Article: “Forced Federalism: States as Laboratories of Immigration Reform”

New Article: Keith Cunningham-Parmeter, Forced Federalism: States as Laboratories of Immigration Reform, 62 Hastings L.J. 1673 (2011).  Abstract below:

This Article questions the experimental value of state immigration laws. Analyzing the Supreme Court’s major decisions in this area, including Chamber of Commerce v. Whiting, the Article explains why state immigration laws fail to satisfy two necessary conditions of effective experimentation: internalization and replication. When states internalize costs, other jurisdictions can effectively evaluate outcomes. Replication occurs when states take diverse approaches to common problems. Unfortunately, state immigration laws do not meet these criteria because states operate in a system of “forced federalism”: a division of power between the two levels of government in which subnational jurisdictions attempt to force the federal government to accept state-defined immigration enforcement schemes. But as states thrust their chosen levels of immigration control on the federal government, their potential to innovate on immigration matters is quite restricted. Essentially, forced federalism limits states to a narrow set of enforcement decisions based on federally defined norms — far from the type of diverse testing associated with true innovation.

Today’s state immigration laws also fail to internalize costs — another condition of successful subnational tests. Restrictionist states that encourage unauthorized immigrants to resettle in other jurisdictions export the economic damage they claim illegal immigration causes. In addition to economic spillovers, laboratory states export social costs to the nation by fundamentally altering the concept of a shared national identity. For example, when immigrants flee restrictionist states in order to avoid racial profiling or harassment, the national commitment to values such as egalitarianism and nondiscrimination is weakened. These harms are not confined to restrictionist states but are felt by the nation as a whole.

Not all subjects are ripe for local experimentation and not all tests produce valid results. Despite the appealing image of states as laboratories, today’s immigration experiments will not advance the nation’s ongoing search for sounder immigration policies.

New (Short) Article: “Sweet Home Alabama? Immigration and Civil Rights in the “New” South”

How should the federal government respond? Photo Copyright Ezra Rosser 2011

New Article: Kevin R. Johnson, Sweet Home Alabama? Immigration and Civil Rights in the “New” South, 64 Stan. L. Rev. Online 22 (2011).

Gang Violence and Immigration

The Boston College Third World Law Journal has recently published two articles related to gang violence and immigration.  As a warning, the links below are to the entire issues — the journal does not break it down into article links:

Jonah M. Temple, The Merry Go Round of Youth Gangs: The Failure of the U.S. Immigration Removal Policy and the False Outsourcing of Crime, 31 B.C. Third World L.J. 193 (2011).  Abstract below:

The United States’ policy of deporting noncitizen criminals to
their countries of origin is fueling a proliferation of gang membership
both in Central America and in the United States. Deportation does not
deter gang activity but instead helps to facilitate the transnational movement
of youth gangs. Rather than continue this failed approach, this
Comment proposes that the United States work with Central American
nations to develop an internationally cooperative model for regulating
criminal gang activity. In order to strengthen its response, the United
States must end its ineffective deportation policy. It must also impose
sanctions and make the United States a more costly and less desirable
place to conduct criminal activity. With insight from political economic
theory, this Comment concludes that any new legislation must be part of
an international crime control effort to combat the threat of gang transnationalization
most efficiently.

and

James Racine, Youth Resistant to Gang Recruitment as a Particular Social Group in Larios v. Holder,  31 B.C. Third World L.J. 497 (2011).  Abstract below:

Central American youth who refuse to join gangs are often subjected
to horrific acts of retaliatory violence. Yet, the Board of Immigration
Appeals’ introduction of two new requirements for asylum eligibility— visibility
and particularity—have quashed the asylum hopes for members of
this group. Recently, the First Circuit Court of Appeals adopted the visibility
and particularity requirements and, in Larios v. Holder, applied them to
deny asylum to youth resistant to gang recruitment. This Comment examines
the development of these requirements and argues that there is no legal
basis for their application. It further argues that the requirements unreasonably
heighten the traditional asylum standard and ultimately
concludes that the First Circuit should have rejected visibility and particularity
as requirements for asylum, thereby rendering youth resistant to gang
recruitment eligible for asylum.

Two good articles from The Nation

  1. Isabel Macdonald, Lou Dobbs, American Hypocrite, The Nation, Oct. 25, 2010 (about Dobbs’ hiring of undocumented workers).
  2. Chuck Collins, The Plutocracy Prevention Act, The Nation, June 28, 2010 (about inheritance taxes).

…yet another post and news coverage on immigrant remittances…

Cross-post from SALTLAW Blog on immigrant remittances and the law.