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Immigration

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The Militarization Of Ice And Hyper-Surveillance Of Latinx Immigrants, Karen Martinez Gonzalez Jun 2019

The Militarization Of Ice And Hyper-Surveillance Of Latinx Immigrants, Karen Martinez Gonzalez

Global Honors Theses

Since the creation of this country, exclusion based on race and class has been upheld by racist immigration, citizenship and labor laws. From slavery to segregation and from mass incarceration to the exploitation and criminalization of immigrant labor. The capitalist inclusion and nationalist exclusion of people of color are not separate ideologies instead they work together to ensure the original purpose of a homogeneous nation. ICE’s most important but hidden purpose is to uphold a white homogeneous nation. Their practices not only target undocumented communities but specifically undocumented communities of color. Migrants of color in the U.S. are prevented from …

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Practical Equality, Robert L. Tsai Dec 2018

Practical Equality, Robert L. Tsai

Robert L Tsai

A path-breaking account of how Americans have used innovative legal measures to overcome injustice—and an indispensable guide to pursuing equality in our time.

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Addiction Informed Immigration Reform Dec 2018

Addiction Informed Immigration Reform

Rebecca Sharpless

Immigration law fails to align with the contemporary understanding of substance addiction as a medical condition. The Immigration and Nationality Act regards noncitizens who suffer from drug or alcohol substance use disorder as immoral and undesirable. Addiction is a ground of exclusion and deportation and can prevent the finding of “good moral character” needed for certain immigration applications. Substance use disorder can lead to criminal behavior that lands noncitizens, including lawful permanent residents, in removal proceedings with no defense. The time has come for immigration law to catch up to today’s understanding of addiction. The damage done by failing to …

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Zone Of Nondeference: Chevron And Deportation For A Crime Dec 2016

Zone Of Nondeference: Chevron And Deportation For A Crime

Rebecca Sharpless

The U.S. Supreme Court lacks a jurisprudence for when courts should defer to immigration agency interpretations of civil removal statutes that involve criminal law terms or otherwise require analysis of criminal law. This Article represents a first step toward such a jurisprudence, arguing for an expansive principle of nondeference in cases involving ambiguity in the scope of crime-based removal statutes. The zone of nondeference includes not only statutes like the aggravated felony provision that have both civil and criminal application, but all removal grounds premised on a crime. The animating principles of Chevron U.S.A., Inc. v. Natural Resources Defense Council, …

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Beyond Saints And Sinners: Discretion And The Need For New Narratives In The U.S. Immigration System, Elizabeth Keyes Aug 2011

Beyond Saints And Sinners: Discretion And The Need For New Narratives In The U.S. Immigration System, Elizabeth Keyes

Elizabeth Keyes

This article examines the forces affecting the exercise of discretion in American immigration courts, and argues that in this present age of immigration anxiety, the same facts that place an individual in deportation proceedings may constitute the reasons a judge will, relying on discretion, deny them relief for which they are otherwise eligible. The article explores the polarized narratives told about “good” and ”bad” immigrants, the exceptionally difficult task of adjudicating in overburdened immigration courts, and the ways in which these polarized narratives interact with psychological short-cuts, or heuristics, that affect judicial exercises of discretion. After engaging in this analysis, …

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