Law Commons^™

Introduction: Noncitizen Participation In The American Polity, Angela M. Banks

William & Mary Bill of Rights Journal

No abstract provided.

Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky

William & Mary Bill of Rights Journal

No abstract provided.

"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom

William & Mary Bill of Rights Journal

No abstract provided.

Guns And Membership In The American Polity, Pratheepan Gulasekaram

William & Mary Bill of Rights Journal

No abstract provided.

Bypassing Civil Gideon: A Legislative Proposal To Address The Rising Costs And Unmet Legal Needs Of Unrepresented Immigrants, Erin B. Corcoran

West Virginia Law Review

No abstract provided.

Offense, Defense, Or Just A Big Fence - Why Border Security Is A Valid National Security Issue: St. Mary;S University School Of Law Center For Terrorism Law., William A. Fix

The Scholar: St. Mary's Law Review on Race and Social Justice

A significant threat to United States national security stems from Mexican drug cartels. Mexican drug cartels are centered on the transit of illegal drugs into the United States. The flow of illegal drugs across the 1,933-mile U.S.-Mexico border now results in a host of crimes and violence that furthers the overall operation of the cartels. With the escalating violence from cartels, there is an increased possibility for spill over into the United States. Furthermore, because of the violence of drug cartels in Mexico, Mexican citizens have a greater incentive to move across the border. Mexicans are crossing illegally to escape …

The Supremacy Clause Preemption Rationale Reasonably Restrains An Individual State Pursuing Its Own Separate But Unequal Immigration Policy., L. Darnell Weeden

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Client Who Lost Despite Winning And The Client Who Won Despite Losing: Reflections On Starting A New Immigration Clinic., Aaron S. Haas

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Mexican Children Of U.S. Citizens: Viges Prin And Other Tales Of Challenges To Asserting Acquired U.S. Citizenship., Lee J. Teran

The Scholar: St. Mary's Law Review on Race and Social Justice

Mexican children with a U.S. parent face both historic and current challenges in acquiring U.S. citizenship. Following changes in U.S. immigration law, the number of individuals removed from the United States has swelled dramatically. This campaign against non-citizens has led to the removal of United States citizens, particularly individuals who were born abroad but claim citizenship through a U.S. citizen parent. Citizens are caught in the middle of conflicting goals between government efforts to adjudicate claims to acquired U.S. citizenship and the focus on crime and national security interests. Even though many U.S. parents and their children born abroad are …

The Deportation Of Lawful Permanent Presidents For Old And Minor Crimes: Restoring Judicial Review, Ending Retroactivity, And Recognizing Deportation As Punishment., Adriane Meneses

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Immigration And Civil Rights: Is The "New" Birmingham The Same As The "Old" Birmingham, Kevin R. Johnson

William & Mary Bill of Rights Journal

No abstract provided.

Workplace Enforcement Workarounds, Stephen Lee

William & Mary Bill of Rights Journal

No abstract provided.

The Transformation Of Immigration Federalism, Jennifer M. Chacón

William & Mary Bill of Rights Journal

No abstract provided.

Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students, Michael A. Olivas

William & Mary Bill of Rights Journal

No abstract provided.

Urban Politics And The Assimilation Of Immigrant Voters, Rick Su

William & Mary Bill of Rights Journal

No abstract provided.

Economic Effects Of Immigration:A Voiding Past Mistakes And Preparing For The Future., Natalya Shatniy

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Children Of A Lesser God: Should The Fourteenth Amendment Be Altered Or Repealed To Deny Automatic Citizenship Rights And Privileges To American Born Children Of Illegal Aliens?, Robert J. Shulman

Pepperdine Law Review

No abstract provided.

"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen

San Diego International Law Journal

This comment will focus on bi-national same-sex couples who are forced to expatriate from the united states to canada because of DOMA’s detrimental effects on their relationship. more specifically, part I focuses on DOMA’s constitutionality, effects on bi-national same-sex couples, and current legal challenges. Part II provides a historical analysis of the united states’ attitude towards same-sex unions before describing current legislation regarding same-sex couples. Part III describes canada’s recognition of same-sex marriage and support of immigration equality, comparing and contrasting the canadian approach with the united states’ approach. Part IV explains the current legal and financial issues that bi-national …

Fugitives In Immigration: A Call For Legislative Guidelines On Disentitlement, Kiran H. Griffith

Seattle University Law Review

In light of Supreme Court jurisprudence regarding the fugitive disentitlement doctrine, the circuit courts of appeal have readily expanded the doctrine’s use to civil matters, as well as immigration. But the Supreme Court’s nuanced treatment of the rationales underlying this doctrine, specifically in Ortega-Rodriguez v. United States and Degen v. United States, has led to inconsistent application across the circuits. Specifically, a split has arisen among the Second, Fifth, Seventh, and Ninth Circuits as to whether these rationales support invocation of the fugitive disentitlement doctrine to find fugitivity and dismiss an alien’s petition for review when an alien fails to …

The Revival Of Reliance And Prospectivity: Chevron Oil In The Immigration Context, Elliot Watson

Seattle University Law Review

Using Duran Gonzales as an example, this Comment discusses how courts determine when and if conflicting rules of law should be applied retroactively to aliens. Specifically, it argues that the holding in Nunez-Reyes and its use of the Chevron Oil test should be applied broadly to limit the retroactive application of law in certain immigration cases. Part II of this Comment gives a brief overview of Supreme Court retroactivity jurisprudence, the discretionary application of adjudicative retroactivity as described in Chevron Oil, and the Court’s recent shift toward a more conservative approach. Part III discusses how administrative law affects that framework …

Reforming The Good Moral Character Requirement For U.S. Citizenship, Kevin Lapp

Indiana Law Journal

This Article explores the impact of the convergence of criminal law and immigration law on the most valued government benefit in the land: citizenship. Specifically, it examines how criminal history influences the opportunity to naturalize through the good moral character requirement for U.S. citizenship.

Since 1790, naturalization applicants have been required to prove their good moral character. Enacted to ensure that applicants were fit for membership and would not be disruptive or destructive to the community, the character requirement also allowed for the reformation and eventual naturalization of those guilty of past misconduct. This Article shows that recent changes in …

Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier

University of Miami Inter-American Law Review

No abstract provided.

Threading The Needle:Constitutional Ways For Local Governments To Refuse Cooperation With Civil Immigration Policies, Mary Cheh

University of the District of Columbia Law Review

On October 19, 2011, the mayor of Washington, D.C. issued an Executive Order to limit the District's cooperation with the federal government's Immigration and Naturalization Service in identifying and deporting undocumented residents.' In so doing, the mayor joined with many other communities' that, while specifically not shielding undocumented aliens engaged in criminal activity, want to maintain the trust and care of the many law-abiding immigrants within their borders. The mayor's Order is a direct response to the federal government's more aggressive effort to enlist local authorities in the roundup of undocumented aliens,' and raises the question which is the subject …

Testing The Borders: The Boundaries Of State And Local Power To Regulate Illegal Immigration , Brittney M. Lane

Pepperdine Law Review

No abstract provided.

Seeking Asylum For Former Child Soldiers And Victims Of Human Trafficking, Tina Javaherian

Pepperdine Law Review

No abstract provided.

Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi

Michigan Journal of Race and Law

Today, an immigrant green card holder mandatorily detained pending his removal proceedings, without bail and without counsel, due to a minor crime committed perhaps long ago, faces a dire fate. If he contests his case, he may remain incarcerated in substandard conditions for months or years. While incarcerated, he will likely be unable to acquire a lawyer, access family who might assist him, obtain key evidence, or contact witnesses. In these circumstances, he will nearly inevitably lose his deportation case and be banished abroad from work, family, and friends. The immigrant's one chance to escape these cascading events is the …

To Plea Or Not To Plea: Retroactive Availability Of Padilla V. Kentucky To Noncitizen Defendants On State Postconviction Review, Jaclyn Kelley

Michigan Journal of Race and Law

The United States incarcerates hundreds of thousands of noncitizen criminal defendants each year. In 2010, there were about 55,000 "criminal aliens" in federal prisons, accounting for approximately 25 percent of all federal prisoners. In 2009, there were about 296,000 noncitizens in state and local jails. Like Jose, these defendants usually do not know that their convictions may make them automatically deportable under the INA. Under the Supreme Court's recent ruling in Padilla v. Kentucky, criminal defense attorneys have an affirmative duty to give specific, accurate advice to noncitizen clients regarding the deportation risk of potential pleas. This rule helps assure …

Profiling And Immigration, Aaron Haas

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun

Pepperdine Law Review

No abstract provided.

New York’S Law Allowing Trafficked Persons To Bring Motions To Vacate Prostitution Convictions: Bridging The Gap Or Just Covering It Up?, Whitney J. Drasin

Touro Law Review

No abstract provided.