Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Immigration (7)
- Refugees (3)
- Asylum (2)
- Emigration and immigration law (2)
- Human rights (2)
-
- Abolition (1)
- Anticanonical case (1)
- Asylum seekers (1)
- City (1)
- Civil rights (1)
- Common law defense (1)
- Congressional legislation (1)
- County (1)
- Criminal law reform (1)
- Criminal procedure (1)
- Culture (1)
- Declaration duty (1)
- Deportation (1)
- Detainers (Criminal procedure) (1)
- Due Process Clause (1)
- Duke Law Journal (1)
- Duress (1)
- Duress (Law) (1)
- Eighth Amendment (1)
- Employment (1)
- Equality (1)
- Family (1)
- Federal immigration enforcement (1)
- Federal-state controversies (1)
- Federalism (1)
Articles 1 - 15 of 15
Full-Text Articles in Law
The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram
The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram
Faculty Scholarship
The contemporary moment provides an acute illustration of the dangers of historical amnesia—as if the Trump Administration’s policies of exclusion, extremist nationalism, and presidential imperialism were singular to ‘now,’ and entirely reversible in the next election. This Article argues to the contrary; that we have been down this road before, and the current crisis in immigration and refugee policies is the inevitable development of trends of racism, including anti-Arab, anti-Muslim racism and xenophobia, that have only become normalized by the populist resurgence of Trumpism. If this premise is correct—that we are experiencing a culmination of a historical trajectory—what lessons from …
Subfederal Immigration Regulation And The Trump Effect, Huyen Pham, Pham Hoang Van
Subfederal Immigration Regulation And The Trump Effect, Huyen Pham, Pham Hoang Van
Faculty Scholarship
The restrictive changes made by the Trump presidency on U.S. immigration policy have been widely reported: the significant increases in both interior and border enforcement, the travel ban prohibiting immigration from majority-Muslim countries, and the termination of the DACA program. Beyond the traditional levers of federal immigration control, this administration has also moved aggressively to harness the enforcement power of local and state police to increase interior immigration enforcement. To that end, the administration has employed both voluntary measures (like signing 287(g) agreements deputizing local police to enforce immigration laws) and involuntary measures (threatening to defund jurisdictions with so-called “sanctuary” …
Executive Overreaching In Immigration Adjudication, Fatma Marouf
Executive Overreaching In Immigration Adjudication, Fatma Marouf
Faculty Scholarship
While Presidents have broad powers over immigration, they have traditionally shown restraint when it comes to influencing the adjudication of individual cases. The Trump Administration, however, has pushed past such conventional constraints. This Article examines executive overreaching in immigration adjudication by analyzing three types of interference. First, the Article discusses political interference with immigration adjudicators, including politicized appointments of judges, politicized performance metrics, and politicized training materials. Second, the Article addresses executive interference with the process of adjudication, examining how recent immigration decisions by former Attorney General Jeff Sessions curtail noncitizens’ procedural rights instead of making policy choices and promote …
Preserving Habeas Corpus For Asylum Seekers Just When They Need It Most, Jennifer Moore
Preserving Habeas Corpus For Asylum Seekers Just When They Need It Most, Jennifer Moore
Faculty Scholarship
The blog post reviews are very recent Ninth Circuit case, Thuraissigiam, which holds that “asylum seekers facing deportation have the right to challenge the summary denial of their asylum claims in federal court". The ruling in Thuraissigiam applies to individuals who have failed to establish a “credible fear of persecution” in expedited removal proceedings conducted at the border.
Becoming Unconventional: Constricting The 'Particular Social Group' Ground For Asylum, Fatma Marouf
Becoming Unconventional: Constricting The 'Particular Social Group' Ground For Asylum, Fatma Marouf
Faculty Scholarship
Part I of this Article provides a brief background about the evolution of the PSG ground in the United States and how it has become increasingly complicated and constricted over time. Part II discusses several ways that recent administrative decisions have imposed uniquely strict requirements for PSG-based asylum claims, both procedurally and substantively. Namely, the recent decision of the Board of Immigration Appeals ("BIA") in Matter of W-Y-C- & H-O-B- creates two new procedural restrictions. First, it imposes an exceedingly strict pleading standard in PSG cases by requiring "exact delineation" of the PSG. Second, Matter of W-Y-Cprohibits asylum seekers from …
Defending Refugees: A Case For Protective Procedural Safeguards In The Persecutor Bar Analysis, Charles Shane Ellison
Defending Refugees: A Case For Protective Procedural Safeguards In The Persecutor Bar Analysis, Charles Shane Ellison
Faculty Scholarship
For refugees and asylum seekers, application of the so-called persecutor bar is tantamount to a death sentence. However, the Board of Immigration Appeals -- without any real deliberation--has arrived at an interpretation of a generic-relief, burdenshifting regulation to allow for application of the persecutor bar based upon very little evidence. Even mere membership in a group with a poor human rights record has been held sufficient to switch the burden of proof and apply the bar. While the recent holding of Matter of Negusie, 27 I&N Dec. 347 (June 28, 2018) can be read and understood largely as a victory …
Immigration Detainers, Local Discretion, And State Law's Historical Constraints, Kate Evans
Immigration Detainers, Local Discretion, And State Law's Historical Constraints, Kate Evans
Faculty Scholarship
No abstract provided.
Detention As Deterrence, Emily Ryo
Detention As Deterrence, Emily Ryo
Faculty Scholarship
Does immigration detention deter unauthorized migration? This is a pressing question with critical policy implications given that the U.S. government has detained tens of thousands of migrants in reliance on this deterrence rationale. Briefly described, the federal government has argued that “one particular individual may be civilly detained for the sake of sending a message” to others “who may be considering immigration. In recent times, the potential migrants to whom the federal government has sought to send such a message are, by and large, from Mexico and Central America. Emerging empirical research, however, provides little to no evidence that detention …
Immigration Unilateralism And American Ethnonationalism, Robert L. Tsai
Immigration Unilateralism And American Ethnonationalism, Robert L. Tsai
Faculty Scholarship
This paper arose from an invited symposium on "Democracy in America: The Promise and the Perils," held at Loyola University Chicago School of Law in Spring 2019. The essay places the Trump administration’s immigration and refugee policy in the context of a resurgent ethnonationalist movement in America as well as the constitutional politics of the past. In particular, it argues that Trumpism’s suspicion of foreigners who are Hispanic or Muslim, its move toward indefinite detention and separation of families, and its disdain for so-called “chain migration” are best understood as part of an assault on the political settlement of the …
El Gran Ausente De Las Discusiones Laborales: La Migración, Jennifer Gordon
El Gran Ausente De Las Discusiones Laborales: La Migración, Jennifer Gordon
Faculty Scholarship
No abstract provided.
The Sanctuary Of Prosecutorial Nullification, Zohra Ahmed
The Sanctuary Of Prosecutorial Nullification, Zohra Ahmed
Faculty Scholarship
In the aftermath of the 2016 election, the shortcomings of existing sanctuary protections came sharply into focus.1 Historically, cities enacted sanctuary protections to extricate their law enforcement agencies from activities related to federal immigration enforcement. In sanctuary cities, local government agencies are typically restricted from sharing information with federal immigration authorities or from cooperating in apprehending individuals targeted for removal. 2 After the White House issued an Executive Order (EO) in late January 2017, many immigrant rights advocates recognized that external facing policies that proscribed direct cooperation would not suffice. 3 The EO announced that Immigration and Customs Enforcement …
Reparations For Central American Refugees, Sarah R. Sherman-Stokes
Reparations For Central American Refugees, Sarah R. Sherman-Stokes
Faculty Scholarship
In the midst of vicious and unrelenting attacks on Central American asylum seekers in the United States, this Article seeks to understand historic and present-day patterns of animus and discrimination facing this group of refugees, and to propose solutions. This Article begins by examining decades of prejudice faced by Central American asylum seekers, as well as attempts to right those wrongs through litigation, legislation, and the creation of Temporary Protected Status (TPS). Next, this Article identifies the predominant push and pull factors driving Central American refugees north—and the U.S. role in creating them. The Article then lays out the impact …
Invoking Federal Common Law Defenses In Immigration Cases, Fatma Marouf
Invoking Federal Common Law Defenses In Immigration Cases, Fatma Marouf
Faculty Scholarship
This Article argues that we should take a deeper look at the applicability of federal common law defenses in immigration cases. In the rare cases where noncitizens attempt to raise common law defenses, such arguments tend to be dismissed offhand by immigration judges simply because removal proceedings are technically civil, not criminal. Yet many common-law defenses may be raised in civil cases. Additionally, immigration proceedings have become increasingly intertwined with the criminal system. After examining how judges already rely on federal common law to fill in gaps in the Immigration and Nationality Act (INA), this Article proposes three categories of …
Is Korematsu Good Law?, Jamal Greene
Is Korematsu Good Law?, Jamal Greene
Faculty Scholarship
In Trump v. Hawaii, the Supreme Court claimed to overrule its infamous Korematsu decision. This Essay argues that this claim is both empty and grotesque. It is empty because a decision to overrule a prior case is not meaningful unless it specifies which propositions the Court is disavowing. Korematsu stands for many propositions, not all of which are agreed upon, but the Hawaii Court underspecifies what it meant to overrule. The Court’s claim of overruling Korematsu is grotesque because its emptiness means to conceal its disturbing affinity with that case.
Jurisdiction Stripping Circa 2020: What The Dialogue (Still) Has To Teach Us, Henry P. Monaghan
Jurisdiction Stripping Circa 2020: What The Dialogue (Still) Has To Teach Us, Henry P. Monaghan
Faculty Scholarship
Since its publication in 1953, Henry Hart’s famous article, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, subsequently referred to as simply “The Dialogue,” has served as the leading scholarly treatment of congressional control over the federal courts. Now in its seventh decade, much has changed since Hart first wrote. This Article examines what lessons The Dialogue still holds for its readers circa 2020.