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Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan Jun 2015

Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan

Anil Kalhan

In November 2014, the Obama administration announced the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiative, which built upon a program instituted two years earlier, the Deferred Action for Childhood Arrivals (DACA) initiative. As mechanisms to channel the government’s scarce resources toward its enforcement priorities more efficiently and effectively, both DACA and DAPA permit certain individuals falling outside those priorities to seek “deferred action,” which provides its recipients with time-limited, nonbinding, and revocable notification that officials have exercised prosecutorial discretion to deprioritize their removal. While deferred action thereby facilitates a highly tenuous form of quasi-legal recognition …


Immigration Surveillance, Anil Kalhan Nov 2014

Immigration Surveillance, Anil Kalhan

Anil Kalhan

In recent years, immigration enforcement levels have soared, yielding a widely noted increase in the number of noncitizens removed from the United States. Less visible, however, has been an attendant sea change in the underlying nature of immigration governance itself, hastened by new surveillance and dataveillance technologies. Like many other areas of contemporary governance, immigration control has rapidly become an information-centered and technology-driven enterprise. At virtually every stage of the process of migrating or traveling to, from, and within the United States, both noncitizens and U.S. citizens are now subject to collection and analysis of extensive quantities of personal information …


Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan Nov 2013

Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan

Anil Kalhan

With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …


Guest Contributor, Immigrationprof Blog (2012), Anil Kalhan Dec 2011

Guest Contributor, Immigrationprof Blog (2012), Anil Kalhan

Anil Kalhan

No abstract provided.


Rethinking Immigration Detention, Anil Kalhan Apr 2010

Rethinking Immigration Detention, Anil Kalhan

Anil Kalhan

In recent years, scholars have drawn attention to the myriad ways in which the lines between criminal enforcement and immigration control have blurred in law and public discourse. This essay analyzes this convergence in the context of immigration detention. For decades, courts and observers have documented and analyzed a wide range of detention-related concerns, including mandatory and presumed custody, coercion and other due process violations, inadequate access to counsel, prolonged and indefinite custody, inadequate conditions of confinement, and violations of international law obligations. With the number of detainees skyrocketing since the 1990s, these concerns have rapidly proliferated - to the …


Immigration & Nationality Act Of 1965, In Latino History And Culture: An Encyclopedia (David Leonard & Carmen Lugo-Lugo Eds., M.E. Sharpe), Anil Kalhan Dec 2008

Immigration & Nationality Act Of 1965, In Latino History And Culture: An Encyclopedia (David Leonard & Carmen Lugo-Lugo Eds., M.E. Sharpe), Anil Kalhan

Anil Kalhan

No abstract provided.


Immigration Reform And Control Act Of 1986, In Latino History And Culture: An Encyclopedia (David Leonard & Carmen Lugo-Lugo Eds., M.E. Sharpe), Anil Kalhan Dec 2008

Immigration Reform And Control Act Of 1986, In Latino History And Culture: An Encyclopedia (David Leonard & Carmen Lugo-Lugo Eds., M.E. Sharpe), Anil Kalhan

Anil Kalhan

No abstract provided.


Immigration Law: The ‘Plenary Power’ Doctrine, In The Encyclopedia Of The Supreme Court (David Schultz Ed., Facts On File), Anil Kalhan Dec 2004

Immigration Law: The ‘Plenary Power’ Doctrine, In The Encyclopedia Of The Supreme Court (David Schultz Ed., Facts On File), Anil Kalhan

Anil Kalhan

No abstract provided.


Recent Publication, 24 Yale Journal Of International Law 342 (Reviewing Peter H. Schuck, Citizens, Strangers, And In-Betweens: Essays On Immigration And Citizenship (1998)), Anil Kalhan Dec 1998

Recent Publication, 24 Yale Journal Of International Law 342 (Reviewing Peter H. Schuck, Citizens, Strangers, And In-Betweens: Essays On Immigration And Citizenship (1998)), Anil Kalhan

Anil Kalhan

No abstract provided.