Law Review Articles

Bryan Clark, Refining the Nondelegation Doctrine in Light of Real Id Act Section 102(c): Time to Stop Bulldozing Constitutional Barriers for A Border Fence, 58 Catholic University Law Review 851 (2009). Total Pages Read: 13

Byran Clark is a 2010 graduate of The Catholic University of America, Columbus School of Law. This article questioned the constitutionality of how Congress went about delegating authority to construct a fence on the Mexican-American boarder.   The author states that perhaps what is more controversial than the fence itself, is the manner in which Congress gave the Department of Homeland Security free reign to determine how and where the fence will be built.

It is uncontested that Congress may enact legislation authorizing the funding and construction of a fence between the United States and Mexico. It is also uncontested that Congress may waive any provision of any law in order to facilitate the construction of a fence.   The controversy is whether congress can confer such power to an agency in the Executive Branch, (the Dept. of Homeland Security).

Many American citizens living on land near the proposed fence, question the constitutionality of The Department of Homeland Security’s free reign and discretion. Specifically, congress has allowed the Department of Homeland Security to buy any interest in land adjacent to, or in the vicinity of, an international border. Some landowners claim their land is being unconstitutionally taken from them.

Hannah Whitney McMurry Schrock, An Emerging Civil Rights Movement: Immigrant Populations in Need of Equal Protection Under the Fourteenth Amendment, 34 Northern Kentucky Law Review 749 (2007).

Hannah Whitney McMurray Schrock is a 2008 graduate of the Salmon P. Chase College of Law. She earned her Bachelors of Arts in Sociology with a concentration in Latin American/Iberian studies from Bard College in 2004.   Ms. Schrock’s article commented on whether the Constitution’s Equal Protection clause should extend to those that are in our country illegally, stating that Fourteenth Amendment protects “all persons”.

This article was not directly tied to my thesis on the proposed effectiveness or ineffectiveness of a fence on the Mexican-American border. The article did however provide thorough groundwork for the what goes into an immigrants mind when they decide to leave their homeland and risk entering into the United States illegally.   The article’s primary focus was on the Hispanic community and how recent influx on the amount of Hispanics living in America has been a catalyst for immigration debate and reform.

Although not directly on point, I did find the article helpful. In my quest to understand the alleged effectiveness of a constructing a fence, Ms. Schrock’s article made an emotional plea, by highlighting the risks and struggles one takes just to gain entry into the United States, legally or illegally.

Jose R. Perez, Jr., Key Legislative Developments in Immigration Law Since September 11, 2001, 17 International Law Journal 43 (2009).

An article written by Jose R. Perez with Foster Quan LLP, in Houston Texas. Mr. Perez is board certified in immigration and nationality law since 1993. He is Cuban-born and a native of Texas since 1970. Mr. Perez’s article provides a brief summary and quick reference to some of the most important federal immigration legislation to be enacted in a post 9/11 United States. The article solely focuses on the time perior from September 11, 2001 to present

Mr. Perez talks about the past views of immigration and how they have changed due to the United States recent need for increased national security. Even though the article primarily focuses on how the Mexican-American border has changed due to 9/11, it gives an accurate account of how effective or rather ineffective a fence would be on illegal immigration.

The Secure Fence Act of 2006 was aimed at preventing “all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments or terrorism, narcotics, and other contraband”.[2] The author also talks about how constructing a 700-mile fence would forever change the way the United States deals with border security. Mr. Perez also talked about the symbolic significance of fence and how it pertains to neighbors and foreign policy.

I found the International Law Journal to be extremely helpful in establishing a guide to the specific legislation that has been enacted within the past 10 years. The article provided each law and then summarized the law and its effect on Mexican-American border.

Maurice Hew, Jr., The Fence and the Wall (mart): Wal-Mart and Immigration Reform Policy, 39 Connecticut Law Review 1383 (2007).

Maurice Hew Jr. is a Professor Thurgood Marshall School of Law. He is board certified in immigration and nationality law.   Mr. Hew’s article questioned the proposed effectiveness of a 700-mile fence and contrasted the proposed effectiveness of the Secure Fence Act of 2006 with other ideas and concepts not yet proposed to the legislature.  Mr. Hew analogized the fence with the wall that France created during WWII to keep the Germans from invading their country. The fence was not successful in France because of the “human spirit” according to Mr. Hew. This law review article was extremely on point. The majority of the article focused on the proposed effectiveness of a fence on the Mexican-American border. The article also talked about how preventing companies like Wal-Mart from hiring undocumented workers would be much more effective.   I used a quote from this article in my essay.

Sara Ibrahim, Lee Bargerguff, Mark Krikorian, and Rachel Canty, Panel: United States Border Control and the Secure Fence Act of 2006, 59 Administrative Law Review. 569 (2007).

This was a symposium on immigration reform and border security in the United States.   The panel of various experts in immigration reform and border security offered varying analysis with one main theme: more can be done to ensure a more efficient and safe border between the United States and Mexico. All panelists urged that the Mexican-American border region is woven together by cultural, economic, and family ties.   This annotation was focused on the views of two specific panelists: Sarah J. Ibrahim, the national policy coordinator for Project Voice, a human rights initiative, and Mark Krikorian, Executive Director of the Center for Immigration studies in Washington DC.

Ms. Ibrahim’s viewed the proposed fence as impeding on human rights and destroying families in the process.   In order for effective boarder control, the communities across the region need to be treated with respect and dignity.   According to Ms. Ibrahim, the recent boarder buildup has severed the heart of the region. Mr. Krikorian suggested that modern fencing can be remarkably effective in securing the boarder by delaying an individual who attempts to gain illegal entry in the United States. While a determined individual may eventually overcome the fence as an obstacle, the fence allows border patrol more of a response time for known breaches.