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Solidarity And Sharing In The Common European Asylum System: The Case Of Syrian Refugees, Eleni Karageorgiou Jan 2016

Solidarity And Sharing In The Common European Asylum System: The Case Of Syrian Refugees, Eleni Karageorgiou

Eleni Karageorgiou

Although the vast majority of Syrians flee to neighboring countries, an increasing number is trying to reach European soil. On one end of the spectrum, individuals escape their war-torn country seeking protection elsewhere and on the other end the European Union (EU) and its Members States bear specific obligations for granting protection, stemming from their international and regional legal commitments. Drawing from the UNHCR estimations that the exodus is evolving rapidly and in light of Article 80 TFEU and the objectives by the European Council, the EU needs to adopt policies which emphasize the full and inclusive application of the …

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The Executive Power Of Process In Immigration Law, Jill Family Dec 2015

The Executive Power Of Process In Immigration Law, Jill Family

Jill E. Family

The role of the executive branch in enforcing immigration law is the subject of renewed focus. In the academic realm, the spotlight rests on the executive branch itself, as opposed to lumping together both Congress and the executive as the political branches. This new focus on the executive branch alone creates space for scholars to approach thorny separation of powers and federalism questions surround the president's exercise of discretion in enforcing immigration law. In the political realm, the contours of the executive's discretionary authority in immigration law have become a point of contention between the president and Congress and have …

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"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless Dec 2015

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

Rebecca Sharpless

Scholars and law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework that relies on a contrast with people—citizens and noncitizens—who have been convicted of a criminal offense and proposes an alternate approach that better aligns with the racial critique of our criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided in the United States for much longer. Many …

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The New Deportations Delirium (Editor), Daniel Kanstroom, M. Lykes Dec 2015

The New Deportations Delirium (Editor), Daniel Kanstroom, M. Lykes

Daniel Kanstroom

Since 1996, when the deportation laws were hardened, millions of migrants to the U.S., including many long-term legal permanent residents with “green cards,” have experienced summary arrest, incarceration without bail, transfer to remote detention facilities, and deportation without counsel—a life-time banishment from what is, in many cases, the only country they have ever known. U.S.-based families and communities face the loss of a worker, neighbor, spouse, parent, or child. Many of the deported are “sentenced home” to a country which they only knew as an infant, whose language they do not speak, or where a family lives in extreme poverty …

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All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek Aug 2015

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

Approximately 13 percent of the U.S. population — nearly 40 million — is foreign-born, of which about 6 percent are naturalized U.S. citizens. Given the positive image associated with immigrants — the “nation of immigrants” or “the melting pot” — one would assume that all Americans in the U.S.A., natural born or naturalized, have equal worth as citizens. This, however, is not necessarily the case. Despite U.S. citizenship, naturalized Americans are seen less than equal to natural born Americans. They are often confused with “foreign nationals.” Moreover, their cultural belonging, allegiance, English-language skills, as well as other qualifications, are questioned.

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Why International Law Favors Emigration Over Immigration, Thomas Kleven Jul 2015

Why International Law Favors Emigration Over Immigration, Thomas Kleven

Thomas Kleven

No abstract provided.

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Is There Room For State Law In The U.S. Immigration Arena?: A Look At New State Laws And Established Ideas Of Federalism, Lyn Entzeroth, Michael Scaperlanda, Rick Su, Huyen Pham Jul 2015

Is There Room For State Law In The U.S. Immigration Arena?: A Look At New State Laws And Established Ideas Of Federalism, Lyn Entzeroth, Michael Scaperlanda, Rick Su, Huyen Pham

Huyen T. Pham

No abstract provided.

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The Four Immigration Positions In Play: Federal, State, Inclusive And Exclusive Considerations – A Debate, Robert Butkin, Hiroshi Motomura, Kris Kobach, Michael Scaperlanda, Rick Su, Huyen Pham, Sebastian Lantos Jul 2015

The Four Immigration Positions In Play: Federal, State, Inclusive And Exclusive Considerations – A Debate, Robert Butkin, Hiroshi Motomura, Kris Kobach, Michael Scaperlanda, Rick Su, Huyen Pham, Sebastian Lantos

Huyen T. Pham

No abstract provided.

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Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan Jun 2015

Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan

Anil Kalhan

In November 2014, the Obama administration announced the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiative, which built upon a program instituted two years earlier, the Deferred Action for Childhood Arrivals (DACA) initiative. As mechanisms to channel the government’s scarce resources toward its enforcement priorities more efficiently and effectively, both DACA and DAPA permit certain individuals falling outside those priorities to seek “deferred action,” which provides its recipients with time-limited, nonbinding, and revocable notification that officials have exercised prosecutorial discretion to deprioritize their removal. While deferred action thereby facilitates a highly tenuous form of quasi-legal recognition …

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U.S. Immigration Policy: Contract Or Human Rights Law?, Victor Romero May 2015

U.S. Immigration Policy: Contract Or Human Rights Law?, Victor Romero

Victor C. Romero

The current immigration debate often reflects a tension between affirming the individual rights of migrants against the power of a nation to control its borders. An examination of U.S. Supreme Court precedent reveals that, from our earliest immigration history to the present time, our immigration policy has functioned more like contract law than human rights law, with the Court deferring to the power of Congress to define the terms of that contract at the expense of the immigrant's freedom.

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Noncitizen Students And Immigration Policy Post-9/11, Victor Romero May 2015

Noncitizen Students And Immigration Policy Post-9/11, Victor Romero

Victor C. Romero

The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.

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The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor Romero May 2015

The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor Romero

Victor C. Romero

Leading civil rights advocates today lament the degree to which current immigration law fails to maintain family unity. The recent passage of the Child Citizenship Act of 2000 is a rare bipartisan step in the right direction because it grants automatic citizenship to foreign-born children of U.S. citizens upon receipt of their permanent resident status and finalization of their adoption. Congress now has before it the Family Reunification Act of 2001, which aims to restore certain procedural safeguards relaxed in 1996 to ensure that foreign-born parents are not summarily separated from their children, many of whom may be U.S. citizens. …

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Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor Romero May 2015

Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor Romero

Victor C. Romero

This Note rejects the Court's approach to the Fourth Amendment in Lopez and Verdugo and attempts to redefine the boundaries of Fourth Amendment protections for undocumented immigrants. Part I examines the impact of the Lopez and Verdugo decisions upon undocumented immigrants' Fourth Amendment rights. Part II evaluates the arguments for extending Fourth Amendment protections to undocumented immigrants. Viewing the Fourth Amendment as a restriction on government intrusion, Part III examines the constitutional remedies available to undocumented immigrants. This part rejects the Lopez restrictions on the applicability of the exclusionary rule and concludes that the Fourth Amendment neither draws distinctions among …

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On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor Romero May 2015

On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor Romero

Victor C. Romero

The poignant story of a little boy fished out of the sea after losing his mother to the elements captured the country's imagination and ignited a political firestorm. The Elián González saga drew conflicting opinions from nearly every branch of American local, state, and federal governments.

This article takes no specific position on Elián's situation. Rather, this artivle values the González story for putting a human face on often faceless legal issues. More specifically, Elián's saga raises the following important question: When should the right of the human being to be treated as an individual trump the right of government …

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Race, Immigration, And The Department Of Homeland Security, Victor Romero May 2015

Race, Immigration, And The Department Of Homeland Security, Victor Romero

Victor C. Romero

No abstract provided.

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A Role For Strategic Litigation, Matthew Scott Apr 2015

A Role For Strategic Litigation, Matthew Scott

Matthew Scott

Strategic litigation to protect internationally displaced persons at risk of disaster-related harm in their home countries can usefully support higher-level protection initiatives.

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Confronting Cops In Immigration Court, Mary Holper Feb 2015

Confronting Cops In Immigration Court, Mary Holper

Mary Holper

Immigration judges routinely use police reports to make life-altering decisions in noncitizens’ lives. The word of the police officer prevents a detainee from being released on bond, leads to negative discretionary decisions in relief from removal, and can prove that a past crime fits within a ground of removability. Yet the police officers who write these reports rarely step foot in immigration court; immigration judges rely on the hearsay document to make such critical decisions. This practice is especially troubling when the same police reports cannot be used against the noncitizen in a criminal case without the officer testifying, due …

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The Third Rail Of U.S. Politics: The Current Immigration Debate In The United States, James Cooper, Yvette Lopez Feb 2015

The Third Rail Of U.S. Politics: The Current Immigration Debate In The United States, James Cooper, Yvette Lopez

James M. Cooper

There are an estimated 15 million undocumented immigrants in the United States. At 16 percent of the nation’s population, Hispanics are the largest ethnic minority in the United States and are believed to make up the majority of undocumented immigrants in the country. The lack of a cohesive and workable federal response to undocumented immigration has left a political and security vacuum, which state and local governments have increasingly filled. These responses may run counter to the U.S. Constitution and the fundamental rights of U.S. citizens, let alone immigrants. Comprehensive immigration reform has become the third rail of U.S. politics …

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An Unexceptional Aspect Of President Obama's Immigration Executive Actions, Jill Family Jan 2015

An Unexceptional Aspect Of President Obama's Immigration Executive Actions, Jill Family

Jill E. Family

Discussing Obama's recent immigration executive actions and the Obama administration's exercises of executive power.

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Human Rights For All Is Better Than Citizenship Rights For Some, Daniel Kanstroom Dec 2014

Human Rights For All Is Better Than Citizenship Rights For Some, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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Executive Justice?, Daniel Kanstroom, Mae Ngai Dec 2014

Executive Justice?, Daniel Kanstroom, Mae Ngai

Daniel Kanstroom

The executive order on immigration that President Obama announced last November filled part of a void created by a Congress that has failed to pass much-needed comprehensive reform legislation. A rambling 123-page opinion (in a case appropriately named Texas v. U.S.A., written by a George W. Bush-appointed Texas federal judge), issued on February 16, ordered a temporary halt to the program on highly technical administrative law grounds. However, the president’s immediate response is absolutely right: both law and history are on the administration’s side.

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Dapa And The Future Of Immigration Law As Administrative Law, Jill Family Dec 2014

Dapa And The Future Of Immigration Law As Administrative Law, Jill Family

Jill E. Family

Immigration law is a type of administrative law, of course. In some ways, however, linking immigration law to administrative law is an awkward fit. As a branch of administrative law, immigration law is about the direct regulation of human beings. In immigration law, administrative law doctrines are applied to determine some of the most fundamental and basic human concerns: where an individual will live and work, and whether that individual will live with family or will be separated from a spouse and children. Also, while immigration law is a part of administrative law, at times the two can appear to …

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The Procedural Fortress Of Us Immigration Law, Jill Family Dec 2014

The Procedural Fortress Of Us Immigration Law, Jill Family

Jill E. Family

Immigrants face many obstacles. This paper reveals a less obvious one: the procedural system designed to adjudicate immigration removal cases. In the United States, the procedural system itself has become a barrier for immigrants. A structure intended to provide procedural safeguards for immigrants has instead become an obstruction. Instead of facilitating fair and efficient process, the system is dysfunctional. It is collapsing under its own weight and is unable to adjudicate consistently in a fair and competent manner. This failed procedural system is a barrier to immigration that needs to be fixed. The failure to fix it, despite longstanding and …

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The Pressure Is On—Criminal Defense Counsel Strategies After Padilla V. Kentucky, Bill Hing Dec 2014

The Pressure Is On—Criminal Defense Counsel Strategies After Padilla V. Kentucky, Bill Hing

Bill Ong Hing

The Supreme Court’s message to criminal defense attorneys in Padilla v. Kentucky was clear: when there is a risk of deportation, defense counsel has a constitutional duty to inform an immigrant defendant of the potential for deportation or adverse immigration consequences prior to pleading guilty. In my view, this constitutional duty places tremendous pressure on defense counsel to do more than advise, because once advised, the client very naturally may want to know what options are available other than going to trial. Rather than simply focusing on how to minimize the time of incarceration for the client under a particular …

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Ethics, Morality, And Disruption Of U.S. Immigration Laws, Bill Hing Dec 2014

Ethics, Morality, And Disruption Of U.S. Immigration Laws, Bill Hing

Bill Ong Hing

In this essay, I review Department of Homeland Security immigration enforcement tools and what I feel is the unnecessary havoc that they wreak on immigrant communities. In the process, I describe the resistance to these policies by immigrants and their supporters who have attempted to disrupt the enforcement tools. Immigrants and their supporters are attempting to raise awareness of better strategies to resolve whatever problems are perceived to exist. I also argue that the disruptive tactics by immigrants and their supporters have actually helped to push the Obama administration into engaging in disruptive innovation of its own with respect to …

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African Migration To The United States: Assigned To The Back Of The Bus, Bill Hing Dec 2014

African Migration To The United States: Assigned To The Back Of The Bus, Bill Hing

Bill Ong Hing

This book project, timed on the fiftieth anniversary of the 1965 immigration amendments, recognizes many significant effects that the amendments have had on the United States. In many ways—particularly with respect to dramatic demographic changes in Latino and Asian Pacific American communities—the amendments might be regarded as integral to the perpetuation of the United States as a land of immigrants. Yet, when it comes to residents of African descent after the end of slavery, the 1965 changes have had relatively little to do with facilitating the entry of African migrants to our shores.

In this book chapter, I discuss the …

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Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless Dec 2014

Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless

Rebecca Sharpless

In Padilla v. Kentucky, the U.S. Supreme Court held that defense attorneys have a Sixth Amendment duty to advise noncitizens client of the “clear” immigration consequences of a proposed plea agreement. This Article argues that the Court’s reference to clarity denotes predictability, not simplicity, and that defense attorneys must advise their clients of predictable immigration consequences, even if they are difficult to ascertain. The scope of this duty has broadened as the U.S. Supreme Court has made the crime-related deportation rules more determinate, although many rules remain complex. A legislative move to a regime of simple deportation rules would greatly …

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Immigration Surveillance, Anil Kalhan Nov 2014

Immigration Surveillance, Anil Kalhan

Anil Kalhan

In recent years, immigration enforcement levels have soared, yielding a widely noted increase in the number of noncitizens removed from the United States. Less visible, however, has been an attendant sea change in the underlying nature of immigration governance itself, hastened by new surveillance and dataveillance technologies. Like many other areas of contemporary governance, immigration control has rapidly become an information-centered and technology-driven enterprise. At virtually every stage of the process of migrating or traveling to, from, and within the United States, both noncitizens and U.S. citizens are now subject to collection and analysis of extensive quantities of personal information …

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Famigration (Fam Imm): The Next Frontier In Immigration Law, Kari E. Hong Oct 2014

Famigration (Fam Imm): The Next Frontier In Immigration Law, Kari E. Hong

Kari E. Hong

The recently published article, Immigration’s Family Values by Professor Kerry Abrams and R. Kent Piacenti, and the forthcoming Removing Citizens: Parenthood, Citizenship, and Immigration Courts by Kari Hong examine how, when, and why immigration law uses a different definition of family than the one used in state courts. Despite their differences, in conversation, these two pieces highlight how the Department of Homeland Security likely is either following misguided policies or pursuing improper objectives when creating a federal family law. Crimmigration (Crim Imm) scholarship successfully identified the ways in which the (purported) civil proceedings of immigration law needed the extra constitutional …

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Natural Disasters, Climate Change And Non-Refoulement: What Scope For Resisting Expulsion Under Articles 3 And 8 Of The European Convention On Human Rights?, Matthew Scott Sep 2014

Natural Disasters, Climate Change And Non-Refoulement: What Scope For Resisting Expulsion Under Articles 3 And 8 Of The European Convention On Human Rights?, Matthew Scott

Matthew Scott

Climate change is already contributing to the displacement of millions of people worldwide as extreme weather events become increasingly frequent and intense. Proposals for responding to the phenomenon of climate change-related displacement overwhelmingly rely on the state to act, with limited discussion of the potential to determine and develop the scope of protection through strategic litigation. This article considers the current and potential scope of protection under articles 3 and 8 of the European Convention on Human Rights (ECHR) from a strategic litigation perspective. Individuals facing expulsion from a European host state to a receiving state during or in the …

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