Scholarly Articles & Books

Michelle Malkin, John Miano, Sold Out: How High-Tech Billionaires & Bipartisan Beltway Crapweasels Are Screwing America's Best & Brightest Workers, Mercury Ink; 1st Edition edition (November 10, 2015)

The #1 New York Times bestselling author and firebrand syndicated columnist Michelle Malkin sets her sights on the corrupt businessmen, politicians, and lobbyists flooding our borders and selling out America’s best and brightest workers.

In Sold Out, Michelle Malkin and John Miano reveal the worst perpetrators screwing America’s high-skilled workers, how and why they’re doing it—and what we must do to stop them. In this book, they will na...

March 4, 2015

The San Francisco Daily Journal, a leading legal newspaper, requested IRLI debate the consequences for immigration law of a case argued recently before the U.S. Supreme Court, Kerry v. Din. The Daily Journal published the debate between IRLI’s Senior Counsel Mike Hethmon and UC law professor and former Obama administration adviser Bill Ong Hing on February 23, the date of the oral argument before the high court. Read the full article here.

IRLI’s Mike Hethmon defended the U.S. Government’s position that the Fifth Amendment liberty interest in marriage of a U.S. citizen does not trump the right of the government to deny the fo...

December 21, 2010

Patrick J. Charles, The Plenary Power Doctrine and the Constitutionality of Ideological Exclusions: An Historical Perspective, 15 Texas Law & Policy Review 61 (2010)


For over a century, it has been repeatedly but unsuccessfully argued that the First Amendment of the Constitution limits the federal government’s plenary power to exclude or expel aliens from the United States.1 Such arguments have persisted despite the Supreme Court having repeatedly determined that the First Amendment does not restrict such power.2 Instead, the Court has upheld the federal government’s plenary power to “forbid aliens or classes of aliens from c...

August 16, 2010

Patrick J. Charles, Representation Without Documentation? Unlawfully Present Aliens, Apportionment, the Doctrine of Allegiance, and the Law, 25 Brigham Young University Journal of Public Law 35 (2010)

In 1867, Judge Timothy Farrar published the first edition of the treatise entitled Manual of the Constitution of the United States of America (the Manual).1 A former law partner of Daniel Webster, judge of the New Hampshire Court of Common Pleas, and president of the New England Historical and Genealogical Society, Farrar was a well respected legal figure in the nineteenth century.2 Charles Sumner described Farrar’s treatise as correcting “fal...

March 1, 2008

Kris W. Kobach, Reinforcing the Rule of Law: What States Can And Should Do To Reduce Illegal Immigration, 22 Geo. Imm. L.R. 459 (Spring 2008)

In the 2007 state legislative session, something truly extraordinary happened. For the first time ever, legislators in all fifty states introduced bills dealing with illegal immigration. A whopping 1,562 illegal immigration bills were submitted, up from 570 in 2006. n1 Of the bills submitted, 240 were enacted into law, up from 84 in 2006. n2 The vast majority were designed to discourage illegal immigration in one way or another.

It has been often said, but seldom demonstrated so clearly: every state is...

March 1, 2008

Kris W.Kobach, Attrition Through Enforcement: A Rational Approach to Illegal Immigration, 15 Tulsa J. Comp. & Int’l L. 153 (2008)

For years, the public debate about illegal immigration in the United States has been gripped by a false dichotomy.  We have been told that there are only two choices in addressing the fact that twelve to twenty million aliens are unlawfully present in the United States: either attempt to round them up and remove them all, or grant a massive amnesty and provide all (or virtually all) illegal aliens1 legal status.

This is a truly curious assertion.  In no other area of law do serious people suggest that the only opt...

Sharma Hammond & Michael Hethmon, Immigration Overload, Los Angeles Daily Journal (Oct. 17, 2007)

The fact that the federal government has failed to diligently is now virtually beyond dispute. Just as obvious is that this failure has encouraged a tidal wave of illegal immigration into California. Congress remains in gridlock on immigration policy, creating a governing crisis of historic proportions.

Power abhors a vacuum. Since the Sept. 11 attacks, some states have independently enacted legislation  to deter illegal immigration and limit its corrupting effects at the state and local levels. In other states, multicultural ideologies and expa...

September 1, 2007

Kris W. Kobach, Immigration Nullification: In-state Tuition and Lawmakers Who Disregard the Law, 10 N.Y.U. J. Legis. & Pub. Pol’y 473 (2006)

I. Introduction
It has become a favorite refrain of state legislators and city council members who are confronted with problems arising from illegal immigration to place blame on the federal government. “If only the federal government would deal with this country’s illegal immigration crisis, then we would not be faced with the problems that we have in our area,” or so the complaint goes. n1 Interestingly, this complaint comes both from opponents of illegal immigration who wish to see stronger enf...

June 1, 2006

Michael M. Hethmon, Tsunami Watch on the Coast of Bohemia: The BIA Streamlining Reforms and Judicial Review of Expulsion Orders, 55 Cath. U. L. Rev. 999 (2006)


Removal is the ultimate criterion for the viability of a national system of immigration law. All sovereign states establish rules as to who may be admitted into the national territory, and on what terms. These rules, in all cases, presume the ability of the sovereign state to expel persons– primarily aliens–who are unlawfully present within the state.

Most modern states have also developed a body of law providing relief from expulsion, typically on humanitarian or fore...

February 22, 2005

Kris W. Kobach, The Quintessential Force Multiplier: the Inherent Authority of Local Police to Make Immigration Arrests, 69 Alb. L. Rev. 179 (2005)

I. Introduction
The terrorist attacks of September 11, 2001 underscored for all Americans the link between immigration law enforcement and terrorism. Nineteen alien terrorists had been able to enter the country legally and undetected, overstay their visas or violate their immigration statuses with impunity, and move freely within the country without significant interference from federal or local law enforcement. n1 The abuse of U.S. immigration laws was instrumental in the deaths of nearly...

November 1, 2004

Michael M. Hethmon, The Chimera and the COP: Local Enforcement of Federal Immigration Law, 8 UDC-DCSL L. Rev. 83 (2004)

Iobates sent Bellerophon away with orders to kill the Chimera that none might approach; a thing of immortal make, not human, lion-fronted and snake behind, a goat in the middle, and snorting out the breath of the terrible flame of bright fire. -Homer, Iliad 6.179-182. 


The questions of if, when, and how local police can enforce federal immigration laws go to the heart of the legal hunt for the chimera that is contemporary American immigration law.1 In the opening years of this century, the estimated ille...

November 1, 2002

Michael M. Hethmon, Diversity, Mass Immigration, and National Security after 9/11 – An Immigration Reform Movement Perspective, 66 Alb. L. Rev. 387 (2003)

Fiat justitia et pereat mundus? (1) Diversity as a legal doctrine in immigration law has become a contradiction, not because of what occurs under the law, but because of what occurs outside the law. In legal scholarship, diversity is a project of liberal constitutionalism, with its concepts of radical egalitarianism, anti-subjugation protections, and historicism. (2) Adherence to variants of liberal constitutionalism among immigration lawyers is widespread. These shared ideologies an...

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