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Proposing A Uniform Remedial Approach For Undocumented Workers Under Federal Employment Discrimination Law, Craig Robert Senn
Proposing A Uniform Remedial Approach For Undocumented Workers Under Federal Employment Discrimination Law, Craig Robert Senn
Fordham Law Review
Given the recent influxes of undocumented workers who have entered the United States in order to obtain employment, the issue of their remedial rights under federal employment discrimination law has become highly significant. Under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and/or the Age Discrimination in Employment Act (ADEA), these remedies could include back pay, front pay (in lieu of reinstatement), compensatory damages, punitive damages, liquidated damages, and/or reasonable attorneys’ fees, as applicable. At present, there is no uniform judicial approach for determining the monetary remedial rights of the millions of undocumented workers under …
Waiting In Immigration Limbo: The Federal Court Split Over Suits To Compel Action On Stalled Adjustment Of Status Applications, Lauren E. Sasser
Waiting In Immigration Limbo: The Federal Court Split Over Suits To Compel Action On Stalled Adjustment Of Status Applications, Lauren E. Sasser
Fordham Law Review
This Note explores the conflict surrounding federal courts' authority to hear injunctive suits from adjustment of status applicants demanding U.S. Citizenship and Immigration Services action on significantly delayed applications. The conflict turns on whether the agency has a duty to adjudicate applications properly before it, whether it must do so in a reasonable time, and whether any statutes preclude jurisdiction. The Note argues that the agency has a duty to adjudicate applications properly before it in a reasonable time. When it violates that duty, applicants should have legal recourse in all jurisdictions.
"Federalizing" Immigration Law: International Law As A Limitation On Congress's Power To Legislate In The Field Of Immigration, Shayana Kadidal
"Federalizing" Immigration Law: International Law As A Limitation On Congress's Power To Legislate In The Field Of Immigration, Shayana Kadidal
Fordham Law Review
No abstract provided.