Immigration Adjudication Bankruptcy, Jill E. Family
Feb 2019
Immigration Adjudication Bankruptcy, Jill E. Family
Jill E. Family
The Trump Administration is pushing an adjudicatory system on the brink over the edge. The system designed to decide whether to remove (deport) individuals from the United States has longstanding problems that predate the Trump Administration. Those problems are being exasperated rather than improved. It is time to consider the notion of immigration adjudication bankruptcy. Immigration adjudication bankruptcy involves a declaration that the removal adjudication system is not satisfying the basic principles of administrative process: accuracy, acceptability, and efficiency. This Article, a part of a symposium on executive power and immigration law, raises questions about when bankruptcy should be declared …
Removing The Distraction Of Delay, Jill E. Family
Mar 2015
Removing The Distraction Of Delay, Jill E. Family
Jill E. Family
Immigration adjudication is in an awkward position. There is an intricate system to adjudicate immigration removal (deportation) cases, but that system is hindered by restrictions, and the constant threat of further restrictions, that reflect distaste for providing process to foreign nationals facing removal. There is a push and pull phenomenon, with immigration adjudication stretched uncomfortably in between two forces. On the one side, there is a push to apply common notions of due process to immigration removal cases, to push that the same concepts of procedural justice should apply in immigration cases as they would in any other context. On …
Beyond Decisional Independence: Uncovering Contributors To The Immigration Adjudication Crisis, Jill Family
Feb 2011
Beyond Decisional Independence: Uncovering Contributors To The Immigration Adjudication Crisis, Jill Family
Jill E. Family
The conversation about immigration adjudication has shifted from one detailing shortcomings to one addressing solutions. When formulating solutions, it is important to look beyond any one contributor to the crisis and to promote a holistic view. Recent proposals for immigration adjudication reform acknowledge that fixing the system requires a multi-faceted approach. This article confirms the need for such an approach by showing how one popular cause of the crisis - a lack of decisional independence - only scratches the surface of what ails the immigration adjudication system. Along the way, the article uncovers and evaluates underappreciated crisis contributors.
While decisional …
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill Family
Dec 2010
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill Family
Jill E. Family
Immigration adjudication is more diverse than it may seem. Scholars tend to focus on one aspect of administrative immigration adjudication, the decision-making process established to determine whether an individual may be removed (deported) from the United States. But there is a whole other function of administrative immigration adjudication that relatively is ignored in the legal literature. Immigration adjudicators are also tasked with determining whether to grant immigration benefits, such as whether to grant lawful permanent resident (green card) status.
Both types of administrative immigration adjudication, removal and benefits, are in crisis. This article explores the challenges facing each and argues …
A Broader View Of The Immigration Adjudication Problem, Jill Family
Dec 2008
A Broader View Of The Immigration Adjudication Problem, Jill Family
Jill E. Family
Are too many individuals diverted from civil immigration adjudication? Each year, the government completes millions of diversions from civil immigration adjudication through explicit and implicit waivers, the expedited removal program and the increasing criminalization of immigration law.
By uncovering and analyzing this diversion phenomenon, this article exposes an important piece of the immigration adjudication problem that has been largely undiagnosed. While judges, scholars, government officials and practitioners have acknowledged serious problems within the civil immigration adjudication system, this article widens the view to incorporate the issue of whether too many are being sidetracked from the system altogether.
This article concludes …
Introduction: Immigration Law In Pennsylvania: Policy And Practice, Jill E. Family
Jan 2008
Introduction: Immigration Law In Pennsylvania: Policy And Practice, Jill E. Family
Jill E. Family
The first panel fulfilled goal one: to host a thoughtful, Pennsylvania-focused analysis of state and local efforts to legislate in the area of immigration law. The second panel fulfilled goal two: to provide a forum for Pennsylvania immigration attorneys to share their experiences amongst themselves and with the public. The panels together fulfilled goals three and four: to help bridge the gap between policy and practice and to increase the involvement of the Institute in this important debate.
Threats To The Future Of The Immigration Class Action, Jill E. Family
Dec 2007
Threats To The Future Of The Immigration Class Action, Jill E. Family
Jill E. Family
The immigration class action, a form of action that litigants have used to achieve systematic reform, is under threat. This paper examines three threats to the immigration class action: (1) a general congressional willingness to restrict immigration judicial review; (2) the application of waivers of judicial review to immigration law and (3) legislative jurisdiction-stripping attacks more specific to the immigration class action. The general congressional willingness to strip immigration judicial review sets the atmosphere for proposals to require judicial review waivers as a condition of obtaining an immigration benefit and for jurisdiction-stripping legislation aimed more specifically at the class action. …
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 …
Wal-Mart’S Woes: Verification Of Employment Eligibility Of Independent Contractors, Jill Family
Nov 2003
Wal-Mart’S Woes: Verification Of Employment Eligibility Of Independent Contractors, Jill Family
Jill E. Family
When federal agents raided 60 Wal-Mart stores and Wal-Mart's executive offices on October 23, 2003, an important issue was brought to the headlines: a company's obligation to verify the employment eligibility of independent contractors, and individuals employed by an independent contractor or a subcontractor, to perform services on behalf of the company.
Foreign Nationals: Phila.’S Untapped Resource, Jill Family
May 2003
Foreign Nationals: Phila.’S Untapped Resource, Jill Family
Jill E. Family
Desperately Seeking New Philadelphians was the title of a program recently attended by Philadelphia civic and business leaders. The program, sponsored by the Pennsylvania Economy League and the Daily News, featured a panel discussion focused on generating ideas on how to attract more new residents to Philadelphia. Among other things, the panel discussed Philadelphia's comparatively low rate of attracting foreign nationals to live and work in the city.
Immigration Law Forces Foreign Doctors To Return Home
May 2002
Immigration Law Forces Foreign Doctors To Return Home
Jill E. Family
Many foreign doctors come to the United States to complete advanced medical training unavailable in their home countries. It is not unusual for a foreign doctor to desire to remain in the United States after completion of that training.The Immigration and Nationality Act (INA) presents a major obstacle to this desire by requiring the doctor to return to his or her home country for two years after the completion of training in the United States. Many subject to this obligation will want to create a strategy to either avoid or ease fulfillment of this requirement. The options are limited, but, …
