Workshop Series Readings

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

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