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Article
Algorithmic Jim Crow
Fordham Law Review
  • Margaret Hu, Washington and Lee University School of Law
Publication Date
2017
Keywords
  • immigration law; computer law; administrative law; civil rights and discrimination
Abstract

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on the back end in the form of designing, interpreting, and acting upon vetting and screening systems in ways that result in a disparate impact.

Citation Information
Margaret Hu. "Algorithmic Jim Crow" (2017) p. 633
Available at: http://works.bepress.com/margaret_hu/19/