CategoryVolume 72

Ugly fears of unassimilated immigrants have persisted throughout American history, influencing immigration law for centuries. From Chinese exclusion in the late 1800s, to President Trump’s Muslim ban in 2017, to his continued emphasis on securing our borders today, American history is rich with examples of exclusionary immigration policies. Though many of these laws impose obstacles to entering...

Immigration law has been described as a field of constitutional oddity. Under the plenary power doctrine, courts have deferred to government decisions on immigration policy that would plainly violate constitutional rights outside of the immigration context. Courts have wielded the plenary power doctrine as a tool of systemic racism, using it to uphold racially discriminatory immigration policies...

This Article argues that a meaningful conception of privacy renders borders illegitimate. For those present in a nation state without legal authorization, pursuit of their basic rights carries the real risk that identifying information collected will expose them to immigration enforcement. Such a phenomenon is becoming more real considering an expanding border enforcement apparatus that relies on...

It is not every day the U.S. Supreme Court adjudicates a case about the water needs and rights of one of the Colorado River Basin’s thirty tribal nations and the trust relationship shared by that sovereign with the United States. Yet just that happened in Arizona v. Navajo Nation in June 2023. As explored in this Article, the Colorado is a relational river relied upon by roughly forty million...