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Immigration Law

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2006

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Full-Text Articles in Law

The Rush To Limit Judicial Review, Jill Family Aug 2006

The Rush To Limit Judicial Review, Jill Family

Jill E. Family

Access to an independent judiciary with the power to hold the government accountable in its dealings with individuals is a founding principle of the United States. In contrast, imagine a system where there is no access to independent judgment; where, instead, the referee works for the opposing team. The House of Representatives took a step away from this founding principle by passing the Border Protection, Antiterrorism, and Illegal Immigration Control Act (H.R. 4437) on December 16, 2005. A provision of the bill would erode access to independent judgment by severely restricting access to the federal courts for individuals in removal …

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Through The Back Door: Applying Theories Of Legal Compliance To Illegal Immigration During The Chinese Exclusion Era, Emily Ryo Dec 2005

Through The Back Door: Applying Theories Of Legal Compliance To Illegal Immigration During The Chinese Exclusion Era, Emily Ryo

Emily Ryo

This article applies theories of legal compliance to analyze the making of this country’s first “illegal immigrants”—Chinese laborers who crossed the U.S.-Canadian and U.S.-Mexican borders in defiance of the Chinese exclusion laws (1882–1943). Drawing upon a variety of sources, including unpublished government records, I explore the ways in which Chinese laborers gained surreptitious entry into the United States during this period and ask, what explains their mass noncompliance? I suggest that while an instrumental perspective is useful for understanding these border crossings, it overlooks other important determinants of noncompliance: normative values and opportunity structures. Specifically, the exclusion laws were widely …

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