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Workshop Series Readings

Fall 2011 

Workshop #1:
Policing Immigration:  SB1070 Copycat Laws and Secure Communities

Cecillia Wang, Director, ACLU Immigrants' Rights Project
Chuck Wexler, Executive Director, Police Executive Research Forum
Moderated by Lucas Guttentag, Professor, Yale Law School
Date: Tuesday, October 18, 2011
Time: 12:10-1:30pm
Room: 120
Lunch will be provided


  1. ACLU, Frequently Asked Questions About the Alabama Racial Profiling Law, July 8, 2011. 
  2. ACLU, Frequently Asked Questions About the Arizona Racial Profiling Law, May 17, 2010.  
  3. ACLU, Frequently Asked Questions -- Update on Legal Challenges to Arizona's Racial Profiling Law (SB 1070), June 14, 2011. 
  4. Homeland Security Advisory Council, Task Force on Secure Communities: Finding and Recommendations, September 2011.  

Workshop #2:
Immigration Rights:  A New Civil Rights Battle

Wade Henderson, President of the Leadership Conference on Civil and Human Rights
Moderated by Lucas Guttentag, Professor, Yale Law School
Date: Tuesday, October 25, 2011
Time: 12:10-1:30pm
Room: 120
Lunch will be provided


  1. Kevin R. Johnson & Bill Ong Hing, The Immigrant Rights Marches of 2006 and the Prospects for a New Civil Rights Movement, 42 Harv. C.R.-C.L. Rev. 99 (2007).
  2. Statement of Wade Henderson, President & CEO of the Leadership Conference on Civil an Human Rights, Making Immigration Work for American Minorities, Subcommittee on Immigration Policy and Enforcement, House Committee on Judiciary, March 1, 2011.

Workshop #3:
How We Win the Immigration Wars

Ira Kurzban
Moderated by Lucas Guttentag, Professor, Yale Law School

Date: Thursday, November 3, 2011
Time: 12:10-1:30pm
Room: 122
Lunch will be provided


  1. Marc R. Rosenblum, US Immigration Policy since 9/11:  Understanding the Stalemate over Comprehensive Immigration Reform, Regional Migration Study Group, Migration Policy Institute (2011).
  2. Zoe Lofgren, A Decade of Radical Change in Immigration Law:  An Inside Perspective, 16 Stan. L. Pol'y Rev. 349 (2005).

Spring 2011

Workshop #4: Immigration from Inside the White House

Cecilia Munoz, White House Director of Intergovernmental Affairs
Lucas Guttentag, Yale Law School

Date: Wednesday, April 27, 2011
Time: 12:15-1:45pm
Room: 122
A non-pizza lunch will be provided
This session will be off-the-record


  1. Donald M. Kerwin, Doris Meissner, & Margie McHugh, Executive Action on Immigration: Six Ways to Make the System Work Better, Migration Policy Institute, March 2011
  2. Interview with Cecilia Munoz, Vice President, National Council of La Raza, 9 GEO. PUB. POL'Y REV. 53 (2004)
  3. 9th Circuit decision in U.S. v. Arizona
  4. Editorial, D.I.Y. Immigration Reform, N.Y. TIMES, March 19, 2011  

Readings for Workshop #7:

  1. International Migrants’ Bill of Rights. 24 Geo. Immigr. L.J. 395 (2010).
  2. Justin Gest, Avoiding Evasion: Implementing International Migration Policy. 24 Geo. Immigr. L.J. 639 (2010).
  3. Alex Aleinikoff, Transnational Spaces: Norms and Legitimacy. 33 Yale J. Int'l L. 479(2008).

 Workshop #2: Organizing the Immigrant Workplace

Jennifer Gordon, Professor, Fordham Law School
Omar Angel Pérez, Executive Director, The Workplace Project
Moderator: Muneer Ahmad, Professor, YLS

Date: Monday, March 28, 2011
Time: 12:00-1:30pm
Room: 122
Lunch will be provided


  1. Janice Fine and Jennifer Gordon, Strengthening Labor Standards Enforcement through Partnerships with Workers' Organizations. 38 Pols. & Soc'y 552 (2010).
  2. Scott L. Cummings and Ingrid V. Eagly, After Public Interest Law. 100 Nw.U. L. Rev. 1251 (2006).

Workshop #1:
A panel discussion with Luis Argueta, filmmaker and director of "abUSed: The Postville Raid"

Date: Wednesday, February 23, 2011
Time: 12:10-1:30pm
Room: 121
Lunch will be provided


  1. Susan Saulny, Hundreds Are Arrested in U.S. Sweep of Meat Plant, New York Times, May 13, 2008
  2. Julia Preston, After Iowa Raid, Immigrants Fuel Labor Inquiries, New York Times, July 27, 2008
  3. Hearing before the Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law. Testifying: Dr. Erik Camayd-Freixas, Federally Certified Interpreter
  4. Amalia Greenberg, Shanti Martin, How ICE Threatens the Ethical Responsiblities of Key Players in Worksite Raids: Postville Study, 16 No. 1 Hum. Rts. Brief 16 (2008)
  5. Optional: Lynda Waddington, Postville Raid: A Look Inside the Temporary Courtroom, The Iowa Independent, May 14, 2008

FALL 2010

Workshop #1
Developing a Child-Centered Approach to Immigration Law: Perspectives from Asylum Practice

    1. Jacqueline Bhabha and Susan Schmidt, Seeking Asylum Alone: Unaccompanied and Separated Children and Refugee Protection in the U.S., 29-49, 109-137 (2006)
    2. David B. Thronson, Kids Will Be Kids? Reconsidering Conceptions of Children's Rights Underlying Immigration Law, 63 Ohio St. L.J. 979, 990-1016 (2002)

Workshop #3
State and Local Anti-Immigration Initiatives: How Civil Leaders are Responding

  1. Michael J. Wishnie, State and Local Police Enforcement of Immigration Laws, 6 U. PA. J. CONST. L. 1084 (2004)
  2. Lozano v. City of Hazleton, No. 07-3531, 2010 WL 3504538 (3d Cir. Sept. 9, 2010) OR LexisNexisSummary of the decision

Workshop #4
Immigration: The Next Five Years
This session is only open to Yale Law School students and faculty

  1. USCIS Memo on Administrative Alternatives to Immigration Reform
  2. Doris Meissner and Donald Kerin, DHS and Immigration: Taking Stock and Correcting Course (Migration Policy Institute) (2009)
  3. Immigration Policy Center, Enforcing Immigration Laws: Repairing Our Broken Immigration System
  4. Ray Marshall, Immigration for Shared Prosperity: A Framework for Comprehensive Reform (Economic Policy Institute) (2009)

Workshop #3:
Immigrants in the Low-Wage Labor Workforce
(Workshop description)


  1. Jennifer Gordon & R.A. Lenhardt, Rethinking Work and Citizenship, 55 UCLA Law Review 1161 (2008)
  2. Jennifer Gordon, "Op-Ed: Workers without Borders," New York Times, (March 10, 2009)
  3. Jeffery S. Passel, A Profile of the Low-Wage Immigrant Workforce, Urban Institute (2003)
  4. Jeffery S. Passel & D'Vera Cohn, Mexican Immigrants: How Many Come? How Many Leave?, Pew Hispanic Center (July 22, 2009). (OPTIONAL)

Workshop #2:
Historical Cycles in Immigration Law


1. Commission on Civil Rights, "Tarnished Golden Door," Introduction p.1-2 and "Historical Discrimination of the Immigration Laws," p.7-12
Provides a historical overview of U.S. immigration issues up until 1980

2. Aristide Zolberg, A Nation by Design, Introduction & Ch.1 (part), p.1-11
Examines the origins and drivers of U.S. immigration policy

3. Doug Massey et al., Beyond Smoke and Mirrors, Ch. 3, p.34-51
Examines the unique immigration relationship between Mexico and the U.S., focusing on the Bracero period in the 1940s up until 2000

4. Massey et al., Beyond Smoke and Mirrors, Opening and Closing of Ch. 6 on current U.S. immigration law and policy, p.105 and p.140 (the full chapter is included in the suggested reading packet)
Highlights the perverse effects of pervious immigration policy, and their consequences for current immigration issues facing the U.S. and Mexico

Suggested Readings

1. Doug Massey et al., Beyond Smoke and Mirrors, Ch. 6
Provides an analysis of the Immigration Reform and Control Act of 1986 (IRCA), and present day U.S. immigration policy debates

2. Aristide Zolberg, A Nation by Design, p.11-23
This section of Chapter 1 provides an overarching theoretical framework for understanding and understanding U.S. immigration law

3. Mae Ngai, Impossible Subjects: Illegal Aliens and the Making of Modern America, Ch.4 (“Braceros, 'Wetbacks,' and the National Boundaries of Class”)
Delves into the creation of the Mexican-American agricultural proletariat in the U.S., the Bracero program and its effects, and subsequent U.S. immigration policy

4. Zolberg, Ch. 8 – “A Nation Like the Others
Discusses the aftermath of WWI in which the U.S. sought to cease being a nation of immigrants through immigration legislation in 1921


1. Immigration History Timeline

Workshop #1
The Nexus Between Immigration and Criminal Law
Prof. Jeffrey Fagan and Prof. Tom Tyler

1. Robert J. Sampson, "Rethinking Crime and Immigration"

2. Michael Tonry, "Ethnicity, Crime, and Immigration" [see especially Section III, pp. 19-25]

3. Tom R. Tyler, Stephen Schulhofer & Aziz Huq, "Policing Against Terrorism: Legitimacy and Deterrence Strategies for Motivating Cooperation Among Islamic Americans"

Further Background (optional):
Kristin F. Butcher & Anne Morrison Piehl, "Cross-City Evidence on the Relationship Between Immigration and Crime"

FALL 2009

Workshop #4
Global Justice and Development


1. Farhana Hossain, Snapshot: Global Migration, N.Y. TIMES, June 22, 2007, http://www.nytimes.com/ref/world/20070622_CAPEVERDE_GRAPHIC.html



Brain Drain

4. Michael A. Clemens & Brian MacKenzie, Think Again: Brain Drain, FOREIGN POL’Y, Oct. 22, 2009, available at http://www.foreignpolicy.com/articles/2009/10/22/think_again_brain_drain?page=full

5. Dhananjayan Sriskandarajah, Inst. for Pub. Pol’y Research & Migration Pol’y Inst., Reassessing the Impacts of Brain Drain on Developing Countries (Aug. 2005), http://www.migrationinformation.org/Feature/display.cfm?ID=324


6.Matthew Saltmarsh, Somalis’ Money Is Lifeline for Homeland, N.Y. TIMES, Nov. 12, 2009, at A14, available at http://www.nytimes.com/2009/11/12/world/africa/12remit.html?_r=1&scp=1&sq=remittance&st=cse (Somali remittances)

7. Mark Lacey, Money Trickles North as Mexicans Help Relatives, N.Y. TIMES, Nov. 16, 2009, at A1, available at http://www.nytimes.com/2009/11/16/world/americas/16mexico.html?scp=1&sq=mexico%20immigrant&st=cse ("reverse" remittances, from Mexico to the U.S.)

8.Dilip Ratha & Zhimei Xu, Development Prospects Group, World Bank, Migration and Remittances: Top 10, http://siteresources.worldbank.org/INTPROSPECTS/Resources/334934-1199807908806/Top10.pdf

9. Dilip Ratha & Sanket Mohapatra, Development Prospects Group, World Bank, Increasing the Macroeconomic Impact of Remittances on Development (Nov. 26, 2007).

10. Iris Marion Young, Responsibility and Global Labor Justice, 23 J. POL. PHIL. 365 (2004).

11. Dhananjayan Skriskandarjah, Migration and Development: A New Research and Policy Agenda, WORLD ECONOMICS, Apr.-June 2005, at 141-146, available at ippr.org

Workshop # 3
Immigration and Adjudication

1. Background

Julia Preston, Study Finds Immigration Courtrooms Backlogged, N.Y. Times, at A20 (June 18, 2009)

Julia Preston, Immigration Judges Found Under Strain, N.Y. Times, at A11 (July 11, 2009)

Lucas Guttentag, The 1996 Immigration Act: Federal Court Jurisdiction, Statutory Restrictions, and Constitutional Rights, Interpreter Releases (Feb. 1997)

2. INS v. St. Cyr (Optional)

INS v. St. Cyr, 533 U.S. 289 (2001)

3. New Proposals for Courtstripping

Hearing on Adjudication of Immigration Cases S. Comm. on the Judiciary, (2006) (Statement of Jon O. Newman, U.S. Circuit Judge, Second Circuit Court of Appeals)

Letter from Judge Posner to Senator Richard J. Durbin (Mar. 16, 2006)

Letter from deans of law schools to Senator Arlen Specter (Mar. 14, 2006)

4. Restructuring Administrative Immigration Adjudication

Hearing on Adjudication of Immigration Cases S. Comm. on the Judiciary, (2006) (Statement of Doris Meissner, Muzaffar A. Chishti, and Michael J. Wishnie, Migration Policy Institute)

Hearing on Adjudication of Immigration Cases S. Comm. on the Judiciary (2006) (Statement of David Martin, Professor, University of Virginia School of Law)

5. Implications for Comprehensive Immigration Reform

Lucas Guttentag, A Brief Introduction to Judicial Review In
Relation to IRCA Legalization

Section by Section Summary of Bill to Create an Independent Immigration Court System

To Create an Independent Immigration Court System in the Senate of the United States (Draft, Nov 25, 2009)

Workshop #2
Migration, Gender, and Nationality

Seyla Benhabib & Judith Resnik, Citizenship and Migration Theory Engendered, in Migrations and Mobilities: Citizenship, Borders, and Gender (2009)

Patrick Weil, Why the French Laicite is Liberal, 30 Cardozo L. Rev. 2699 (2009)

Bendicte Manier, France Strikes Down Court Ruling on Virginity, WeNews (Nov. 18, 2008), http://www.womensenews.org/story/the-world/081118/france-strikes-down-court-ruling-virginity

Audrey Macklin, Particularized Citizenship: Encultured Women and the Public Sphere, in Migrations and Mobilities: Citizenship, Borders, and Gender

Jacqueline Bhabha, The Mere Fortuity of Birth"? Children, Mothers, Borders, and the Meaning of Citizenship, in Migrations and Mobilities: Citizenship, Borders, and Gender

Workshop #1
Here...But Here to Stay? Post-Arrival Immigration Law and Policy

Patrick Weil, Dealing with illegal permanent migrants with a new approach,
July 3, 2008

The Case for Amnesty: A Forum on Immigration,
Boston Review, May/June 2009

The Case for Amnesty: A Forum on Immigration (excerpts),
Boston Review, May/June 2009

Peter H. Schuck, Immigrants’ Incorporation in the United States after 9/11: Two Steps Forward, One Step Back, in Hochschild & Mollenkopf, eds, Bringing Outsiders In (Cornell, 2009)
For the section on public benefits, see pp. 166-67;
for the section on incarceration, see pp. 172-73.

Michael Wishnie, Welfare Reform at Ten: Integration, Exclusion, and Immigration Federalism, in Michael Fix, ed., Immigrant Families and Children on the Tenth Anniversary of Welfare Reform (Migration Policy Institute: forthcoming 2009)

Michael Wishnie, Laboratories of Bigotry? Devolution of the Immigration Power, Equal Protection, and Federalism, 76 NYU L.Rev. 493 (2001).
Please see pages 511-18

Background Statistical Information Compiled by Lucas Guttentag

Pew Unauthorized Immigration Report

Stylized Facts” and questions for discussion, shared by Professor Schuck at the 10/27 Immigration Theory and Practice Workshop