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Articles 1 - 17 of 17
Full-Text Articles in Law
No Soy De Aquí, Ni Soy De Allá: U.S. Citizen Children Are Paying The Price For Our Nation's Broken Immigration System (Comment), Daisy J. Ramirez
No Soy De Aquí, Ni Soy De Allá: U.S. Citizen Children Are Paying The Price For Our Nation's Broken Immigration System (Comment), Daisy J. Ramirez
The Scholar: St. Mary's Law Review on Race and Social Justice
Current immigration polices continue to force mixed-status family separation and do not provide any attainable avenues for immigration relief. Modern immigration law is complex, filled with statutes and regulations that create waste, delay, and confusion among immigrants, their families, and the United States judicial system. As a result, U.S. citizen children are bearing the costs of a faulty immigration system.
Health Insurance And The Undocumented Immigrant, Anja Diercks
Health Insurance And The Undocumented Immigrant, Anja Diercks
Honors Theses
The purpose of this thesis is to perform a comparative analysis on how seven different countries (USA, South Africa, Germany, England, Canada, France and Singapore) organize their healthcare system to cope with the issue of undocumented immigrants and whether or not these systems in place were “fair.” The thesis will also explore the possible ways the United States could change to be more inclusive and fairer in the world of healthcare and health insurance for the undocumented immigrant. A study on what fairness means both in ethical and economical terms is done to suggest a new basis of a fair …
If You Want Something Done Right . . .: Chicanos Por La Causa V. Napolitano And The Return Of Federalism To Immigration Law, Randall G. Shelley Jr.
If You Want Something Done Right . . .: Chicanos Por La Causa V. Napolitano And The Return Of Federalism To Immigration Law, Randall G. Shelley Jr.
Akron Law Review
Part II of this note will explore the background of the issues involved in Chicanos Por La Causa by looking at them through the lens of federal immigration policy. This will include an in-depth assessment of IRCA, including the goals and policies that drove Congress to enact it. The discussion will then delve into the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and the new employee verification system that accompanied it. Next, this note will examine federal-state cooperation under IRCA. The background will then conclude with a look at the Legal Arizona Workers Act. Part III of this …
Perceptions Of Immigration In America, Manuel Cardoza
Perceptions Of Immigration In America, Manuel Cardoza
Student Scholar Symposium Abstracts and Posters
Throughout history the United States as a nation saw many waves of immigrants who collectively shaped and helped build the America we see today. Today immigration has become a prevalent issue that is impeding progress and potentially facilitating the rise of new conflicts in a country plagued by civil injustices toward minority groups who are feeling marginalized and discriminated. Immigration desperately needs the attention of the U.S government in order to reach a solution and stop a community from being ostracized. Much of this great nation has been formed and built on the fundamental idea of immigrant forces coming together …
What Process Is Due?: Unaccompanied Minors' Rights To Deportation Hearings, Irene Scharf, Christine Hess
What Process Is Due?: Unaccompanied Minors' Rights To Deportation Hearings, Irene Scharf, Christine Hess
Irene Scharf
Thousands of foreign-born children enter the United States every year. Many, particularly those crossing at the Mexican border, arrive without legal immigration status and unaccompanied by adults. Once here, these children have certain rights under the Constitution and the immigration laws of this country. Their primary right is to a deportation hearing. Under the current procedures used by Immigration and Naturalization Service (INS), however, these children are encouraged to waive that right and "elect" voluntary departure. The voluntary departure process requires that they admit to having entered the country illegally, choose the country to which they will return, and leave …
Attempting To Find Some Common Ground For Illegal Aliens, And The Board's Ability To Award Back Pay: Hoffman Plastic Compounds, Inc. V. Nlrb , Stephen M. Hernandez
Attempting To Find Some Common Ground For Illegal Aliens, And The Board's Ability To Award Back Pay: Hoffman Plastic Compounds, Inc. V. Nlrb , Stephen M. Hernandez
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants, Michelle Mitsuye Shimasaki
Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants, Michelle Mitsuye Shimasaki
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Fernandez-Vargas V. Gonzales: An Examination Of Retroactivity And The Effect Of The Illegal Immigration Reform And Immigrant Responsibility Act, Brooke Hardin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Fate Of "Unremovable" Aliens Before And After September 11, 2001: The Supreme Court's Presumptive Six-Month Limit To Post-Removal-Period Detention, Megan Peitzke
Pepperdine Law Review
No abstract provided.
Health Care And The Illegal Immigrant, Patrick J. Glen
Health Care And The Illegal Immigrant, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
The question of whether illegal immigrants should be entitled to some form of health coverage in the United States sits at the uneasy intersection of two contentious debates: health reform and immigration reform. Befitting this place, the rhetoric surrounding the issue has been exponentially heightened by the multiplying effects of combining two vitriolic debates. On one side, it is argued that the United States has a moral obligation to provide health care to all those within its borders needing such assistance. On the other, it is argued with equal force that those illegally present in this country should not be …
Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla, Vivian Chang
Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla, Vivian Chang
University of Michigan Journal of Law Reform
This Note argues for the passage of criminal procedure rules that would require judges to warn criminal defendants about immigration consequences at plea colloquy. Part I addresses the overlap of criminal and immigration law, arguing that the increased use of the criminal justice system to police federal immigration laws calls for greater protection of non-citizen defendants at plea colloquy. Part II then addresses the legal duties imposed on both defense counsel and trial courts in relation to plea colloquy. Padilla merely addressed the duty of defense counsel to provide constitutionally effective assistance before plea colloquy and did not reach the …
One Time Too Many: In Re Briones And The Bia's Rigid Interpretation Of The Life Act And Its Dire Consequences For Undocumented Reentry, Lauren Gonzalez
One Time Too Many: In Re Briones And The Bia's Rigid Interpretation Of The Life Act And Its Dire Consequences For Undocumented Reentry, Lauren Gonzalez
San Diego International Law Journal
This Casenote will discuss both the origins of the LIFE Act and its early potential, and then focus attention on the BIA decision itself in Briones and its impact on immigration courts and U.S. courts of appeals. In Part II, this Casenote will give a brief overview of the LIFE Act and its creation. Parts III and IV will discuss the issues presented in Briones, the facts of the case, and the BIA?s decision. In Part V, the Casenote will then analyze the decision in Briones as it conflicts with previous case law from multiple circuit courts of appeal and …
Unlawful Status As A "Constitutional Irrelevancy"?: The Equal Protection Rights Of Illegal Immigrants, Jason H. Lee
Unlawful Status As A "Constitutional Irrelevancy"?: The Equal Protection Rights Of Illegal Immigrants, Jason H. Lee
Golden Gate University Law Review
This article focuses on state discrimination against illegal immigrants and the use of equal-protection doctrine to protect these immigrants' rights to enjoy the array of benefits and services offered by state governments. There are two main reasons why this article will focus on the Equal Protection Clause rather than on federal preemption doctrine, which is the other major tool that illegal immigrants can use to attack discriminatory state classifications. First, the equal-protection doctrine highlights the dignity and membership of an individual in American society in a way that the more structural preemption analysis does not. Second, preemption has become the …
The Marriage Myth: Why Mixed-Status Marriages Need An Immigration Remedy, Julie Mercer
The Marriage Myth: Why Mixed-Status Marriages Need An Immigration Remedy, Julie Mercer
Golden Gate University Law Review
Part I of this Comment reviews the history of adjustment of status, the expired 245(i) remedy, the three or ten year bar, and the extreme hardship waiver. Part II illustrates how current immigration law runs counter to United States pro-marriage policy, promotes separation of spouses in mixed-status marriages, and has a negative economic impact. Part III recommends reinstating a narrow version of the 245(i) remedy only for U.S. citizens' unauthorized spouses and creating a marriage fraud enforcement division. Finally, Part IV concludes that creating a remedy for U.S. citizens would avoid the harmful impacts of the current law while generating …
Federal Employer Sanctions As Immigration Federalism, Darcy M. Pottle
Federal Employer Sanctions As Immigration Federalism, Darcy M. Pottle
Michigan Journal of Race and Law
For low-skilled workers in much of the world, U.S. admission policies make illegal immigration the most viable means of entering the country. Low average schooling, which disqualifies many potential immigrants from employment-based visas, and long queues affecting family preference immigration from high-traffic countries, make the admission criteria outlined in the U.S. Immigration and Nationality Act (INA) prohibitive for most would-be immigrants to the United States. Perhaps due to this failure of immediate legal avenues, many immigrants enter the country illegally. Though many eventually gain legal status, in the meantime they live and work in the United States without documentation. "Illegal …
No More Deaths: On Conscience, Civil Disobedience, And A New Role For Truth Commissions, Marie Failinger
No More Deaths: On Conscience, Civil Disobedience, And A New Role For Truth Commissions, Marie Failinger
Faculty Scholarship
This article uses as its focal point the emerging civil disobedience movement in southwestern United States, aimed at providing humanitarian assistance to undocumented workers crossing the U.S. border, and the government's prosecution response to that movement. It argues that the courts that have considered such civil disobedience in previous cases, such as the 1980s Sanctuary movement, have a limited understanding of the right of conscience, and utilizes the insights of Reformation theology on the nature of the conscience to argue that it is necessary for the United States to respect the public role of conscience of civil disobedients in mass …
What Process Is Due?: Unaccompanied Minors' Rights To Deportation Hearings, Irene Scharf, Christine Hess
What Process Is Due?: Unaccompanied Minors' Rights To Deportation Hearings, Irene Scharf, Christine Hess
Faculty Publications
Thousands of foreign-born children enter the United States every year. Many, particularly those crossing at the Mexican border, arrive without legal immigration status and unaccompanied by adults. Once here, these children have certain rights under the Constitution and the immigration laws of this country. Their primary right is to a deportation hearing. Under the current procedures used by Immigration and Naturalization Service (INS), however, these children are encouraged to waive that right and "elect" voluntary departure. The voluntary departure process requires that they admit to having entered the country illegally, choose the country to which they will return, and leave …