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Full-Text Articles in Law
"Water Is Life!" (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade
"Water Is Life!" (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade
Indiana Law Journal
Decades of stringent immigration enforcement along the Southwest border have pushed migrants into perilous desert corridors. Thousands have died in border regions, out of the general public view, yet migrants continue to attempt the dangerous crossings. In response to what they see as a growing humanitarian crisis, activists from organizations such as No More Deaths seek to expand migrant access to water, to honor the human remains of those who did not survive the journey, and to influence public opinion about border enforcement policies. Government officials, however, have employed a range of tactics to repress this border-policy "dissent," including blacklists, …
Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis
Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis
Indiana Law Journal
For-profit, civil immigration detention is one of this nation’s fastest growing industries. About two-thirds of the more than 50,000 people in the civil custody of federal immigration authorities find themselves at one point or another in a private, corporate-run prison that contracts with the federal government. Conditions of confinement in many of these facilities are dismal. Detainees have suffered from untreated medical conditions and endured months, in some cases years, of detention in environments that are unsafe and, at times, violent. Some have died. Yet, the spaces are largely unregulated. This Article exposes and examines the absence of a constitutional …
Immigration As Commerce: A New Look At The Federal Immigration Power And The Constitution, Jennifer Gordon
Immigration As Commerce: A New Look At The Federal Immigration Power And The Constitution, Jennifer Gordon
Indiana Law Journal
When the United States government sets immigration law and policy, how much attention must it pay to constitutional rights? This question has been much debated since President Donald Trump issued a series of immigration-related executive orders in his first week in office, including a bar on entry by citizens of a set of majority-Muslim countries, but it was controversial long before then. In important part, the answer depends on what the Constitution says about the scope and limits of the power of the federal government over immigration. Therein lies the tale. On this subject, the country’s founding documents say very …
Evading Constitutional Challenge: Dapa's Implications For Future Exercises Of Executive Enforcement Discretion, Lucy Chauvin
Evading Constitutional Challenge: Dapa's Implications For Future Exercises Of Executive Enforcement Discretion, Lucy Chauvin
Indiana Law Journal
I. UNITED STATES V. TEXAS: DEFINING THE BOUNDARIES OF ENFORCEMENT DISCRETION
A. DAPA AND THE CONSTITUTIONAL CHALLENGE
B. SCHOLARLY DEBATE: APPLICATION OF YOUNGSTOWN FRAMEWORK TO DAPA
II. TAKE CARE: CONFLICTING INTERPRETATIONS OF THE DUTY TO FAITHFULLY EXECUTE THE LAW
III. ENFORCEMENT DISCRETION: INTERACTION BETWEEN CONGRESS AND THE EXECUTIVE
A. HECKLER V. CHANEY: EARLY RECOGNITION OF EXECUTIVE ENFORCEMENT DISCRETION
B. ENFORCEMENT DISCRETION’S SPECIFIC APPLICATION TO IMMIGRATION LAW
C. THE MEANING OF “DEFERRED ACTION”
IV. THE HISTORICALLY LIMITED ROLE OF THE JUDICIARY
A. PRESUMPTIVE UNREVIEWABILITY
B. ADDITIONAL PROCEDURAL HURDLES
V. MOVING FORWARD: LESSONS TO BE LEARNED FROM THE OBAMA ADMINISTRATION
A. FRAMING …
“Illegal” Migration Is Speech, Daniel I. Morales
“Illegal” Migration Is Speech, Daniel I. Morales
Indiana Law Journal
Noncitizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cutting-edge political theorists. One prominent theorist argues, for example, that basic democratic principles require that noncitizens living outside the United States have a say in the formation of immigration law since they must obey it. This Article provides a legal response to these political theory developments, assimilating them, along with the facts on the ground, into an account of “illegal” migration as First Amendment speech.
If noncitizens’ …
Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson
Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson
Indiana Law Journal
No abstract provided.
Defending The Golden Door: The Persistence Of Ad Hoc And Ideological Decision Making In U.S. Refugee Law, J. Michael Cavosie
Defending The Golden Door: The Persistence Of Ad Hoc And Ideological Decision Making In U.S. Refugee Law, J. Michael Cavosie
Indiana Law Journal
No abstract provided.