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Full-Text Articles in Law
The Boundaries Of Executive Discretion: Deferred Action, Unlawful Presence, And Immigration Law, Peter Margulies
The Boundaries Of Executive Discretion: Deferred Action, Unlawful Presence, And Immigration Law, Peter Margulies
American University Law Review
No abstract provided.
D(E)Volving Discretion: Lessons From The Life And Times Of Secure Communities, Juliet P. Stumpf
D(E)Volving Discretion: Lessons From The Life And Times Of Secure Communities, Juliet P. Stumpf
American University Law Review
The devolution of immigration authority to line officers, touted as a strength of the Secure Communities program, planted the seeds of the program's downfall. Rising from the ashes of Secure Communities, the Priority Enforcement Program (PEP) set priorities for removal and also unveiled a potential antidote to the devolution of agency discretion. This Article details the rise of Secure Communities and describes the devolution of discretion that ultimately undermined the program. It then spotlights a little-noticed attribute of the PEP-one that addresses head-on Secure Communities' devolution of enforcement discretion to the lowest level. PEP attempts to recapture ftderal discretion to …
The History Of Prosecutorial Discretion In Immigration Law, Shoba Sivaprasad Wadhia
The History Of Prosecutorial Discretion In Immigration Law, Shoba Sivaprasad Wadhia
American University Law Review
No abstract provided.
Bordering Persecution: Why Asylum Seekers Should Not Be Subject To Expedited Removal, Alvaro Peralta
Bordering Persecution: Why Asylum Seekers Should Not Be Subject To Expedited Removal, Alvaro Peralta
American University Law Review
No abstract provided.
The Status Of Nonstatus, Geoggrey Heeren
The Status Of Nonstatus, Geoggrey Heeren
American University Law Review
Millions of unauthorized immigrants in the United States have no legal immigration status and live in constant fear of deportation. There are millions more who do have some sort of status, like lawful permanent residency, asylum, or a nonimmigrant visa. In between is the netherworld of nonstatus. Here live noncitizens who possess government documentation but few rights. They have no pathway to lawful permanent residence or citizenship and cannot receive most public benefits. If nonstatus is denied or revoked by a prosecutor or bureaucrat, there is no right to a hearing or an appeal. If the Executive Branch discriminates in …