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Full-Text Articles in Law
Building On The Legacy Of The University Of Idaho's Immigration Clinic During The Pandemic, Geoffrey Heeren
Building On The Legacy Of The University Of Idaho's Immigration Clinic During The Pandemic, Geoffrey Heeren
Articles
No abstract provided.
Work And Employment For Daca Recipients, Geoffrey Heeren
Work And Employment For Daca Recipients, Geoffrey Heeren
Articles
No abstract provided.
Zealous Administration: The Deportation Bureaucracy, Geoffrey Heeren
Zealous Administration: The Deportation Bureaucracy, Geoffrey Heeren
Articles
An agency's culture shapes its lawmaking. Under certain conditions, agency culture dominates decision-making so strongly that it mutes the influence of those factors that administrative law scholars have traditionally focused on including presidential will, judicial oversight, internal resistance, and public opinion. We call this undertheorized phenomenon "zealous administration." The immigration enforcement bureaucracy has vast discretion to remove unauthorized immigrants from the United States. Current immigration policies-such as indiscriminate deportation, family separation, and harsh detention-represent the most prominent example of zealous administration in the federal government. This Article focuses on that bureaucracy to plumb the causes and effects of zealous administration …
Distancing Refugees, Geoffrey Heeren
Distancing Refugees, Geoffrey Heeren
Articles
Today, two systems exist for addressing the humanitarian claims of persons fleeing persecution. One system consists of refugees living in host countries, often in large camps, who ideally are then resettled in other countries or repatriated when it is safe to do so. The other system involves refugees arriving in a country and seeking asylum-a right with ancient religious roots. The first "encampment model" is fundamentally broken, as most refugees are housed in the developing or least developed world in terrible conditions for extended periods of time, with little or no realistic hope of resettlement elsewhere or repatriation. The developed …
Crimmigration In Gangland: Race, Crime, And Removal During The Prohibition Era, Geoffrey Heeren
Crimmigration In Gangland: Race, Crime, And Removal During The Prohibition Era, Geoffrey Heeren
Articles
In 1926, local law enforcement and federal immigration authorities in Chicago pursued a deportation drive ostensibly directed at gang members. However, the operation largely took the form of indiscriminate raids on immigrant neighborhoods of the city. Crimmigration in Gangland describes the largely forgotten 1926 deportation drive in Chicago as a means to augment the origin story for "crimmigration." Scholars up until now have mostly contended that the convergence of criminal and immigration law occurred in the 1980s as part of the War on Drugs, with crime serving as a proxy for race for policy makers unable to openly argue for …
The Immigrant Right To Work, Geoffrey Heeren
The Immigrant Right To Work, Geoffrey Heeren
Articles
Federal and state policies that make immigrant work putatively illegal are in tension with a constitutional right to work that is deeply rooted in United States history and jurisprudence. The Department of Homeland Security ("DHS") regulates immigrant work through a system of employment authorization and sanctions on employers who hire unauthorized immigrant workers. This system has become such a central feature of immigration law that few recognize it is a relatively recent innovation. While the United States has always regulated its domestic labor market by modulating immigration, regulation of work as a mechanism of immigration enforcement has only existed since …
The Status Of Nonstatus, Geoffrey Heeren
The Status Of Nonstatus, Geoffrey Heeren
Articles
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 …
Shattering The One-Way Mirror: Discovery In Immigration Court, Geoffrey Heeren
Shattering The One-Way Mirror: Discovery In Immigration Court, Geoffrey Heeren
Articles
No abstract provided.
Remedial And Preventive Responses To The Unauthorized Practice Of Immigration Law, Monique C. Lillard
Remedial And Preventive Responses To The Unauthorized Practice Of Immigration Law, Monique C. Lillard
Articles
No abstract provided.
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Articles
Non-citizens have fared best in recent Supreme Court cases by piggybacking on federal rights when the actions of states are at issue, or by criticizing agency rationality when federal action is at issue. These two themes-federalism and agency skepticism-have proven in recent years to be more effective litigation frameworks than some individual rights-based theories like equal protection. This marks a substantial shift from the Burger Court era, when similar cases were more likely to be litigated and won on equal protection than on preemption or Administrative Procedure Act theories. This Article describes this shift, considers the reasons for it, and …
Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren
Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren
Articles
There is an enormous unmet need for immigrant legal aid in the United States. This is partly due to regulations that bar federally funded legal services organizations from representing many types of immigrants. The possible repeal of these restrictions is rarely discussed as a means to expand immigrant access to counsel. Federal funding for immigrant legal aid appears to have become taboo, despite the fact that for much of its history, legal aid was deeply connected to immigration. This forgotten history reveals that there was once broad national consensus in favor of immigrant legal aid; it became contentious and faced …
Pulling Teeth: The State Of Mandatory Immigration Detention, Geoffrey Heeren
Pulling Teeth: The State Of Mandatory Immigration Detention, Geoffrey Heeren
Articles
No abstract provided.