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Immigration

Articles 31 - 42 of 42

Full-Text Articles in Law

Institutional Racism, Ice Raids, And Immigration Reform, Bill Hing Dec 2008

Institutional Racism, Ice Raids, And Immigration Reform, Bill Hing

Bill Ong Hing

This Article argues that the structure of immigration laws has institutionalized a set of values that dehumanize, demonize, and criminalize immigrants of color. The result is that these victims stop being Mexicans, Latinos, or Chinese and become “illegal immigrants.” We are aware of their race or ethnicity, but we believe we are acting against them because of their status, not because of their race. This institutionalized racism made the Bush ICE raids natural and acceptable in the minds of the general public. Institutionalized racism allows the public to think ICE raids are freeing up jobs for native workers without recognizing …

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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 …

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Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes Sep 2008

Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes

Freddy R Funes

Central American gangs have created numerous difficulties for Central American nations. Some of the violence and tactics learned by these gangs came from the United States, via it's new immigration policies. This article explains the faults of the current removal policy and offers solutions to mitigate the growing violence in Central America. Part II discusses the United States’ removal policy. Part III explains the myriad problems that this removal policy produces in Central America and within the United States. Part IV discusses how the United States’ current law fails to further the United States’ interests and how courts refuse to …

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The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria Ontiveros, Joshua Drexler Dec 2007

The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria Ontiveros, Joshua Drexler

Maria L. Ontiveros

This paper examines the extent to which the Thirteenth Amendment can be used to guarantee access to public education for the children of undocumented workers. It offers a reimagined version of Plyer, written using the Thirteenth Amendment, instead of the Fourteenth Amendment. After offering a brief summary of Thirteenth Amendment jurisprudence, it offers a variety of theoretical frameworks for analyzing the denial of education under the U.S. Constitution. It argues that the Thirteenth Amendment can provide a powerful tool for litigation, moral persuasion, organizing and legislation in the area.

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Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless Dec 2007

Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless

Rebecca Sharpless

When determining the legal effect of a conviction under immigration law, adjudicators claim to apply a uniform, federal standard that prohibits fact finding regarding the underlying circumstances that gave rise to the conviction. This categorical analysis of crimes is firmly rooted in all levels of administrative and federal court case law. Yet fundamental confusion exists concerning what it means to apply a categorical approach to evaluating when a criminal conviction is of a type that triggers deportation. This article demonstrates that a source of this confusion is a misunderstanding of the nature of a conviction and the difference between a …

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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. …

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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 …

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A Clear View From The Prairie: Harold Washington And The People Of Illinois Respond To Federal Encroachment Of Human Rights, Craig Mousin Dec 2003

A Clear View From The Prairie: Harold Washington And The People Of Illinois Respond To Federal Encroachment Of Human Rights, Craig Mousin

Craig B. Mousin

No abstract provided.

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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.

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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.

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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, …

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Federalism And Family, Libby Adler Dec 1998

Federalism And Family, Libby Adler

Libby S. Adler

This article takes up the axiomatic place of family law under federalism. Family is often depicted as belonging squarely in the state law domain, reflecting its nature as a matter of moral deliberation, rather than of, say, commerce or constitutional rights. This article demonstrates, however, that family law is a matter of federal law in an endless number of substantive areas, from immigration and taxation to privacy in the marital bedroom and the relative rights of putative and presumed fathers. It asks how the innumerable exceptions to the rule about family law’s place under federalism come to be rationalized. The …

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