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Full-Text Articles in Law
An Unexceptional Aspect Of President Obama's Immigration Executive Actions, Jill Family
An Unexceptional Aspect Of President Obama's Immigration Executive Actions, Jill Family
Jill E. Family
A People's Guide To U.S. Immigration Law, Irene Scharf
A People's Guide To U.S. Immigration Law, Irene Scharf
Irene Scharf
The goal of this book is to help those who are already here to understand their rights, responsibilities, and choices under the ever-more complicated immigration laws. In these insecure times, it is crucial to understand one's legal rights during work and home raids, how to act if charged by the authorities, how to avoid being deported/removed, how to decide whether to hire a lawyer and if hiring one how to choose one, how to assist one's lawyer to reduce fees, and much more.
Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill Family
Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill Family
Jill E. Family
Remedies For The Wrongly Deported: Territoriality, Finality, And The Significance Of Departure, Rachel Rosenbloom
Remedies For The Wrongly Deported: Territoriality, Finality, And The Significance Of Departure, Rachel Rosenbloom
Rachel E. Rosenbloom
In recent years, thousands of longtime legal residents have been deported based on erroneous interpretations of the 1996 amendments to the Immigration and Nationality Act. Their return to the United States is precluded by a pair of Department of Justice regulations barring immigration judges and the Board of Immigration Appeals (BIA) from correcting errors in removal proceedings once a deportee has left the United States. Advocates have begun to take aim at these regulations through litigation and administrative advocacy. This article, the first scholarly work to consider the phenomenon of wrongful deportation and the arguments for and against the “departure …
Opinion Analysis: Deferring To (Even More) Limited Relief From Removal, Jill Family
Opinion Analysis: Deferring To (Even More) Limited Relief From Removal, Jill Family
Jill E. Family
Argument Recap: Imputing Eligibility For Relief From Removal, Jill Family
Argument Recap: Imputing Eligibility For Relief From Removal, Jill Family
Jill E. Family
Argument Preview: Calculating Relief From Removal, Jill Family
Argument Preview: Calculating Relief From Removal, Jill Family
Jill E. Family
Administrative Law Through The Lens Of Immigration Law, Jill Family
Administrative Law Through The Lens Of Immigration Law, Jill Family
Jill E. Family
Immigration Sanctuary Policies: Constitutional And Representative Of Good Policing And Good Public Policy, Bill Hing
Bill Ong Hing
Sanctuary ordinances or policies that constrain local authorities from assisting in federal immigration enforcement do not receive the same political and media attention as anti-immigrant laws enacted by states and local governments. In the political struggle over the rights of undocumented immigrants in the United States, the greater media and political focus on anti-immigrant measures, such as Arizona’s S.B. 1070 and similar policies in cities like Hazleton, Pennsylvania, and Farmers Branch, Texas, is understandable.
With much less fanfare, the legality of sanctuary policies also has been challenged. In this article I review the case law that specifically has involved the …
Reason Over Hysteria: Keynote Essay, Bill Ong Hing
Reason Over Hysteria: Keynote Essay, Bill Ong Hing
Bill Ong Hing
We are a nation of immigrants, but we also are a nation that loves to debate immigration policy, and that debate reflects the battle over how we define who is an American. The anti-immigrant movement in the United States is as strong as ever. Immigrant bashing is popular among politicians, talk radio hosts, private militiamen, and xenophobic grassroots organizations. They take full advantage of the high-tech era in which we live, as they complain about the “illegal alien invasion.” Their common thread is the rhetoric of fear. This hysteria leads to tragic policies that challenge us as a moral society. …
Conflicting Signals: Understanding Us Immigration Reform Through The Evolution Of Us Immigration Law, Jill Family
Conflicting Signals: Understanding Us Immigration Reform Through The Evolution Of Us Immigration Law, Jill Family
Jill E. Family
Systemic Failure: Mental Illness, Detention, And Deportation, Bill Ong Hing
Systemic Failure: Mental Illness, Detention, And Deportation, Bill Ong Hing
Bill Ong Hing
Our detention and deportation system failed Tatyana Mitrohina. She was born in Russia with heart defects and deformed hands. She was rejected by her parents for many years, spending her infancy in hospitals and institutions. Though she was later able to move back home, her parents abused her and then abandoned her. She immigrated to the United States as a young teen, adopted by U.S. citizens. After more than a decade, she had a child of her own, whom she abused. Tatyana was diagnosed with mental illness. Although she was convicted of child abuse, the state court recommended medication, counseling, …
"Streamlining" The Rule Of Law: How The Department Of Justice Is Undermining Judicial Review Of Agency Action, Shruti Rana
"Streamlining" The Rule Of Law: How The Department Of Justice Is Undermining Judicial Review Of Agency Action, Shruti Rana
Shruti Rana
Judicial review of administrative decision making is an essential institutional check on agency power. Recently, however, the Department of Justice dramatically revised its regulations in an attempt to insulate its decision making from public and federal court scrutiny. These “streamlining” rules, carried out in the name of national security and immigration reform, have led to a breakdown in the rule of law in our judicial system. While much attention has been focused on the Department of Justice’s recent attempts to shield executive power from the reach of Congress, its efforts to undermine judicial review have so far escaped such scrutiny. …
Stripping Judicial Review During Immigration Reform: The Certificate Of Reviewability, Jill E. Family
Stripping Judicial Review During Immigration Reform: The Certificate Of Reviewability, Jill E. Family
Jill E. Family
Another Limit On Federal Court Jurisdiction? Immigrant Access To Class-Wide Injunctive Relief, Jill Family
Another Limit On Federal Court Jurisdiction? Immigrant Access To Class-Wide Injunctive Relief, Jill Family
Jill E. Family