AuthorLRIRE

Abstract Ableism forms the scaffolding of our immigration laws, policies, and practices, but the operation of this pervasive form of exclusion has been grossly unacknowledged and understudied until now.  In 1882, Congress first codified the exclusion of defective bodies by declaring that, “any lunatic, idiot, or any person unable to take care of himself or herself without becoming a public...

Abstract As jurisdictions across the country grapple with the urgent need to redress the impact of mass incarceration, there has been renewed interest in reforms that reduce the harms punishment inflicts on women.  These "gender-responsive" reforms aim to adapt traditional punishment practices that, proponents claim, were designed "for men."  The push to change how we punish based on gender...

Abstract In this Comment, I examine the ways the United States has managed its borders and population through health-based exclusions that often serve as a proxy for race-based exclusions. I look specifically at how two sexually-transmitted infections (STIs)—syphilis and gonorrhea—became and remain grounds for inadmissibility. Since 1891, certain noncitizens entering the U.S. must be screened for...

Abstract No one deserves to die just because they use drugs. Yet, policies and practices in jails and prisons around the country continue to facilitate the death, pain, and suffering of people who use drugs by refusing to properly screen and medically manage withdrawal for persons in custody. In Estelle v. Gamble, the U.S. Supreme Court established a constitutional right for incarcerated persons...