Books
Migrating to Prison: America’s Obsession with Locking Up Immigrants (New Press 2019)
Crimmigration Law (American Bar Association Publishing 2015)
Opinion Articles
SCOTUS Abortion Decision Also Threatens Migrants’ Right to Travel, Prism (July 27, 2022)
“Remain in Mexico” Ruling May Affect Immigration Battles, Law360 (July 6, 2022)
Justices’ Deference to Immigration Court is Concerning, Law360 (May 20, 2022)
Indefinite Migrant Detention Without Review is Kafkaesque, Law360 (February 3, 2022)
How 9/11 Changed Immigration, Washington Post Magazine (September 2, 2021)
Immigration Imprisonment is a Choice, Inquest (July 28, 2021)
Now That Biden is President…It’s Still Time to Abolish ICE, The Nation (February 26, 2021)
Biden’s Migration Policy Options, Border Criminologies (January 11, 2021)
Funding Immigrant Defense Promotes Justice, Denver Post (September 25, 2020)
Defunding the Police Would Limit Their Cooperation with ICE, Prism (August 24, 2020)
Close Immigration Prisons, The New York Times (March 19, 2020)
The Political History of Locking Up Immigrants in the United States, Los Angeles Times (January 5, 2020)
Ellis Island Welcomed Thousands to America — But It Was Also a Detention Center, Time Magazine (January 1, 2020)
Abolish Immigration Prisons, The New York Times (December 3, 2019)
The Immigration Crisis Archive, Public Books (October 25, 2019)
The Case for Nuance in Immigrant Stories, NACLA Reader (September 13, 2019)
Don’t Tie Immigration Law Reform to El Paso, Salon (August 20, 2019)
Locked Up Migrants and Fast-Track Deportations, The Guardian (July 30, 2019)
This Man Could go to Jail for Giving Migrants Food and Water, The Guardian (May 10, 2019)
In Trump’s America, ‘Law And Order’ Only Applies To Certain People, HuffPost (September 21, 2018)
Family Separation Was A Choice, HuffPost (July 27, 2018)
Resisting Family Separation and Family Detention in South Texas, Texas Tribune TribTalk (July 3, 2018)
Cruel and Immoral: America Must Close the Doors of Its Immigration Prisons, The Guardian (June 17, 2018)
Abolish the ICE Prison Complex, New Inquiry (May 16, 2018)
ICE’s Courthouse Arrests Undercut Democracy, The New York Times (November 26, 2017)
Does It Make Sense to Target “Criminal” Undocumented Immigrants?, Newsweek (August 9, 2017)
A Fighting Chance—How Immigrant Defense Funds Reduce Detentions and Deportations, Feet in 2 Worlds (July 27, 2017)
Time for Denver to Haul ICE into Court, Denver Post (June 19, 2017)
If Greg Gianforte Were an Immigrant, He’d be Deported. Not Heading to Congress, The Guardian (June 13, 2017)
Colorado Sanctuary City Bill Relies on Fallacies, Denver Post (April 21, 2017) (with Christopher N. Lasch)
Funding Lawyers for Immigrants is a Path Forward in the Age of Trump, Huffington Post (April 12, 2017)
¿Cerrará ICE las puertas de la corte? (Will ICE Close the Courthouse Doors?), La Opinión (April 5, 2017)
Beyond Rhetoric: “Sanctuary” in Practice, NACLA Reader (February 17, 2017)
Bipartisan Immigration Imprisonment, NACLA Reader (October 26, 2016)
Crimmigration Law, Denver Law Alumni Magazine (March 2016)
Scholarly Articles
Criminalizing Migration, 150 Dædalus 106 (2021)
Abolishing Immigration Prisons, 96 Boston University Law Review 245 (2017)
Immigration Imprisonment’s Failures, 36 Immigration and Nationality Law Review 47 (2016)
Naturalizing Immigration Imprisonment, 103 California Law Review 1449 (2015)
Immigration Detention as Punishment, 61 UCLA Law Review 1346 (2014)
Creating CrImmigration, 2013 Brigham Young University Law Review 1457 (2013)
Strickland-Lite: Padilla’s Two-Tiered Duty For Noncitizens, 72 Maryland Law Review 844 (2013)
Criminal Defense After Padilla v. Kentucky, 26 Georgetown Immigration Law Journal 475 (2012)
Due Process and Immigrant Detainee Prison Transfers: Moving LPRs to Isolated Prisons Violates Their Right to Counsel, 21 Berkeley La Raza Law Journal 17 (2011)
When State Courts Meet Padilla: A Concerted Effort is Needed to Bring State Courts Up to Speed on Crime-Based Immigration Law Provisions, 12 Loyola Journal of Public Interest Law 299 (2011)
La Migra in the Mirror: Immigration Enforcement and Racial Profiling on the Texas Border, 23 Notre Dame Journal of Law, Ethics, and Public Policy 167 (2009)
Of Inferior Stock: The Two–Pronged Repression of Radical Immigrant Birth Control Advocates at the Turn–of–the–Twentieth–Century, 20 St. Thomas Law Review 513 (2008)
Scholarly Essays
Pragmatics and Problems, 69 Florida Law Review Forum 1 (2017)
Immigration Law by Proxy: The Case of Colorado’s Human Smuggling Crime, 92 Denver Law Review 41 (2015)
The Life of Crimmigration Law, 92 Denver Law Review 1 (2015) (CrImmigration Law: Crossing the Border Between Criminal Law and Immigration Law Symposium Introduction)
Invisible Spaces and Invisible Lives in Immigration Detention, 57 Howard Law Journal 869 (2014)
Book Review: Social Control and Justice: Crimmigration in the Age of Fear, 60 Crime, Law, & Social Change 457 (2013)
Immigrant Outsider, Alien Invader: Immigration Policing Today (LatCrit XVI Symposium Introduction), 48 California Western Law Review 231 (2012)
The Perverse Logic of Immigration Detention: Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness, 1 Columbia Journal of Race and Law 353 (2012)
Padilla v. Kentucky’s Inapplicability to Undocumented and Non-Immigrant Visitors, 39 Rutgers Law Record 47 (2012)
Detention and Deportations, Oxford Bibliographies in Latino Studies (2014)
Time to Rethink Immigration Detention, NACLA Reader (March 27, 2013)
Plenary Power Doctrine, Anti-Immigration in the United States: A Historical Encyclopedia (Greenwood Press 2011)
Race and Racism, Anti-Immigration in the United States: A Historical Encyclopedia (Greenwood Press 2011)
Racial Profiling, Anti-Immigration in the United States: A Historical Encyclopedia (Greenwood Press 2011), reprinted in Undocumented Immigrants in the United States: An Encyclopedia of Their Experience (Greenwood Press 2014)
La Migra in the Mirror: Immigration Enforcement, Racial Profiling, and the Psychology of One Mexican Chasing After Another, 72 Albany Law Review 891 (2009) (published presentation)
Practitioner Resources
Immigration Detention: Vulnerable Populations, Latino Community Foundation of Colorado Immigration White Paper Series (December 2017)
Immigration Detention: Children and Families, Latino Community Foundation of Colorado Immigration White Paper Series (December 2017)
Immigration Detention: Adults, Latino Community Foundation of Colorado Immigration White Paper Series (December 2017)
What is Crimmigration Law?, Insights on Law & Society (Spring 2017)
Does Padilla v. Kentucky Apply Retroactively?, 2012 Emerging Issues 6357 (LexisNexis May 2012)
U.S. Supreme Court Holds BIA’s Comparable-Grounds Requirement for § 212(c) Relief is Arbitrary and Capricious, 2011 Emerging Issues 6164 (LexisNexis December 2011)
Major Issues the Courts Have Been Dealing with Since Padilla v. Kentucky, 2011 Emerging Issues 5882 (LexisNexis September 2011)
Change to Pretrial Diversion Policy Could Lead to Deportation, Voice for the Defense (Texas Criminal Defense Lawyers Association magazine) (June 2011), reprinted in The Summons, the Hidalgo County, Texas Bar Association’s newsletter (August 2011) (with Carlos Moctezuma García)
Crime Provisions of House’s DREAM Act, Immigration Lawyers Weekly (December 10, 2010)
SCOTUS: Second Simple Drug Possession Offense is Not Aggravated Felony Unless Prosecuted as Recidivist Offense, Immigration Lawyers Weekly (June 16, 2010)
SCOTUS: Defense Attorney Must Inform Client Whether Plea Carries Risk of Deportation, Immigration Lawyers Weekly (April 7, 2010)