Digital Commons Network^™

Public Charge Grounds For Inadmissibility: Impact On Noncitizen Health Insurance Coverage, Madeline M. Culbreth

Richmond Public Interest Law Review

The public charge rule is an ongoing barrier to health insurance for lawfully

present immigrants and ought to be removed. Healthcare coverage for

immigrants is a critical aspect of the country’s health care scheme. Recent

changes to the United States’ immigration policy are contributing to growing

fears among immigrant families about participating in Medicaid and CHIP.

The most effective solution is to permanently alter the Immigration and Nationality

Act. Congress should expressly exclude health insurance from being

considered in the public charge grounds for inadmissibility.

The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief, Yanie Yuan

Richmond Public Interest Law Review

In 2017, the Ninth Circuit Court of the United States decided a case of an undocumented noncitizen that went against United States Su- preme Court precedent. The appellant in Marinelarena v. Sessions was removed despite the fact that she had not been convicted of any crimes. This comment examines the arguments and strategies of the case that the judges relied upon in their opinion.

The Criminalization Of The Immigration System: The Dehumanizing Impact Of Calling A Person "Illegal", Ashley R. Shapiro

Richmond Public Interest Law Review

In the context of immigration, words matter. The increasingly used term “criminal alien” is not only used as an adjective to define a noncitizen who has committed a crime, but it also acts as a descrip- tion of his or her personhood. The use of the term “illegals,” which is the shortened version of “illegal alien,” is pervasive in the media as well as policy debate. In Part I, this paper discusses the evolution of the immigration system in the United States from a discretionary and humanitarian system to a criminalized process. In Part II, this paper examines the convergence …

Five Steps To A Better U: Improving The Crime-Fighting Visa, Jason A. Cade, Meghan L. Flanagan

Richmond Public Interest Law Review

Congress created the U nonimmigrant status to assist noncitizen vic- tims of serious crime and to encourage them to assist law enforce- ment in the investigation of that crime. Despite these laudable goals, the process has been flawed since the outset. U visas were capped at 10,000 per year, eventually precipitating a multi-year backlog that diminishes the incentive to report crime for persons who fear depor- tation. Of particular importance, the willingness of law enforcement officers to provide a certification of helpfulness—a mandatory com- ponent of an application for U status—varies tremendously across agencies. Eligibility for U status is thus …

2017 Symposium Lecture: Challenges Of Working With Immigrant Farmers In The Trump Administration, Margaret Hennessy

Richmond Public Interest Law Review

No abstract provided.

2017 Symposium Lecture: Special Immigrant Juvenile Status In Virginia, Madeline Taylor Diaz

Richmond Public Interest Law Review

No abstract provided.

2017 Symposium Lecture: Economic Impact Of Immigration Regulations, Lakshmi Challa

Richmond Public Interest Law Review

No abstract provided.

2017 Symposium Keynote Address, Shahan Mufti

Richmond Public Interest Law Review

No abstract provided.

2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro

Richmond Public Interest Law Review

No abstract provided.

Sanctuary From De Facto Deportation: The New Sanctuary Movement And De Facto Deportation Claims For Children Challenging Illegal Immigrant Parents' Removal Orders, Kristin Maun

Richmond Public Interest Law Review

This comment will give an overview of past and present sanctuary movements, the legal strategies they have formulated to defend those whom they shelter, and their impact on immigration law and policy. Then it will examine the particular strategy of de facto deportation-the NSM's legal strategy of choice-to understand what is necessary to establish the claim, and whether it could nullify an alien parent's removal order. Next, it will analyze two legal principles underlying de facto deportation claims: the right of a child to be raised by his parents and the right of a citizen child to reside in the …

Dividing Lives: How Deporting Legal And Illegal Immigrants With United States-Born Children Is Separating Families And Why United States And International Laws Are Failing Families, Anna-Liisa Jacobson

Richmond Public Interest Law Review

This Article explores the current immigration laws causing mixed immigration status families to become separated and analyzes what the role of the United States government should be in solving this crisis. Part II discusses the current crisis occurring when families are separated due to factors such as deportation. Part III analyzes the changes brought by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") and how these changes have negatively impacted immigrant families. Part IV examines the increasing number of deportations due to changes in the penalties for crimes committed by immigrants. Part V explores the legal protections …

Illegal Immigration In The Virginia General Assembly - From The Perspective Of An Advocate Of Passing Laws To Stop Illegal Immigration: Why Do It And What Can Be Done, David B. Albo

Richmond Public Interest Law Review

An editorial discussing the following, 1. Why legislators want to pass laws to discourage illegal alien: The problem with illegal immigration isn't the people it's the cost, 2. How legislators can pass laws to discourage illegal aliens from coming to Virginia, 3. 2008 legislation on immigration

Two Thumbs Down: In The Absence Of Comprehensive Immigration Reform, Ill-Conceived Bills Flood The Virginia General Assembly, Leigh A. Sellers

Richmond Public Interest Law Review

On July 26, 2007, a federal court ruled it unconstitutional for city officials in Hazleton, Pennsylvania, to implement a local anti-immigrant ordinance that punished employers and landlords for doing business with undocumented immigrants. Despite this well-grounded landmark decision, local governments throughout the nation continue to develop patchwork solutions to a broken federal immigration system, endangering the health and well-being of communities and people alike. Virginia has positioned itself at the forefront of America's immigration debate. Leading up to the 2008 General Assembly session, localities throughout the state developed public statements on immigration, reaffirmed English as the official language, and considered …

Rivera V. Nibco:A Tentative Limitation Of The Supreme Court's Decision Inhoffman Plastic Compounds, Inc. V. Nlrb, Rebecca L. Ennis

Richmond Public Interest Law Review

In 2002, the United States Supreme Court handed down its decision in Hoffman Plastic Compounds, Inc. v. NLRB. This landmark decision seemingly eliminated any chance illegal immigrant employees had to obtain awards of backpay after being discharged in violation of the National Labor Relations Act (NLRA). More importantly, however, the decision sent a message to the country that illegal entry into the United States was a violation that was to be taken more seriously by the courts than grossly unfair employment practices. The Court of Appeals for the Ninth Circuit recently handed down a decision in Rivera v. NIBCO, Inc. …

The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler

Richmond Public Interest Law Review

Former president Ronald Reagan's vision of America as this shining city ended Thursday, August 23, 1996, when President Bill Clinton signed his name to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, considered the most farreaching welfare reform package in history. Although the Congressional Budget Office (CBO) estimates that the federal government will save over $57 billion between fiscal year 1997 and fiscal year 2002, this welfare reform package profoundly impacts immigrants, particularly legal immigrants. Overall 44% of federal savings (approximately $23.8 billion) stems from denying public assistance benefits to legal immigrants. This new welfare legislation directly …