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Full-Text Articles in Law
Immigration Law's Catch-22: The Case For Removing The Three And Ten-Year Bars, Shoba Sivaprasad Wadhia
Immigration Law's Catch-22: The Case For Removing The Three And Ten-Year Bars, Shoba Sivaprasad Wadhia
Shoba Sivaprasad Wadhia
Congress has made family immigration a priority in statute but the unlawful-presence bars, also known as the three and ten-year bars, create unique barriers for family reunification that prevent many immigrants from legalizing their status through the existing immigration system. The three and ten-year bars prevent immigrants who have overstayed their visas or entered unlawfully from earning a green card even if they are otherwise capable of legally acquiring it. Removing or reforming the unlawful presence bars would remove a major legislative catch-22 that impedes the legalization of many unauthorized immigrants. Take the example of Maria, a 23 year-old woman …
Business As Usual: Immigration And The National Security Exception, Shoba S. Wadhia
Business As Usual: Immigration And The National Security Exception, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
Javaid Iqbal is a native and citizen of Pakistan and a Muslim. After moving to the United States, Iqbal worked as a cable television installer on Long Island. Iqbal was one among hundreds of men apprehended and detained by the United States Department of Justice in the weeks that followed the September 11, 2001 attacks. Iqbal was held in a federal prison in Brooklyn, New York called the Metropolitan Detention Center (MDC), for more than one year. In January 2002, Iqbal was transferred to the maximum security section of the jail known as the Administrative Maximum Special Housing Unit (ADMAX …
Use Of The Term 'Illegal Alien', Shoba S. Wadhia
Use Of The Term 'Illegal Alien', Shoba S. Wadhia
Shoba Sivaprasad Wadhia
This essay examines the use of the terms “alien,” “illegal,” and “illegal alien.” It will show that use of the term “illegal alien” is problematic because it is subject to many definitions that are often inaccurate. Moreover, even if there is agreement on the scope of the phrase “illegal alien,” the term cannot be fully understood without studying the individual characteristics of those defined by this term as well as the role of the government in sustaining an outdated immigration structure that creates illegal immigration an inevitability. Finally, this essay will show that the term “illegal alien” is dehumanizing because …
Business As Usual Immigration And The National Security Exception, Shoba S. Wadhia
Business As Usual Immigration And The National Security Exception, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
Javaid Iqbal is a native and citizen of Pakistan and a Muslim. After moving to the United States, Iqbal worked as a cable television installer on Long Island. Iqbal was one among hundreds of men apprehended and detained by the United States Department of Justice in the weeks that followed the September 11, 2001 attacks. Iqbal was held in a federal prison in Brooklyn, New York called the Metropolitan Detention Center (MDC), for more than one year. In January 2002, Iqbal was transferred to the maximum security section of the jail known as the Administrative Maximum Special Housing Unit (ADMAX …
Under Arrest: Immigrants' Rights And The Rule Of Law, Shoba S. Wadhia
Under Arrest: Immigrants' Rights And The Rule Of Law, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
The discussion is broken down into four parts. First, I will review some basic historical points and terminology. Second, I will describe some of the government's immigration enforcement policies following the comprehensive immigration reform ("CIR") debate and the human consequences and concerns behind such policies. Third, I will describe the relevant legal authorities for arresting and detaining noncitizens. Finally, I will provide some recommendations for moving forward.
The Policy And Politics Of Immigrant Rights, Shoba S. Wadhia
The Policy And Politics Of Immigrant Rights, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
This article examines how immigration policies over the past decade have affected immigrant rights, scrutinizes administrative and legislative efforts to improve or eliminate these measures, and makes recommendations for advancing a due process agenda in the future. The first part of this article analyzes administrative and legislative proposals under four themes: 1) checks and balances, 2) punishment does not fit the crime, 3) judicial review, and 4) detention. The second part of this article identifies efforts to redress measures emanating from the 1996 immigration laws and policies issued after September 11, 2001. For example, it analyzes legislation introduced in the …
Immigration: Mind Over Matter, Shoba S. Wadhia
Immigration: Mind Over Matter, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
This article examines the current field of debate and legislation on immigration reform and related due process issues. "Comprehensive Immigration Reform" is an expression in the immigration debate and embraces five tenets. First, reform addresses the eleven million people who are living in the United States without documentation and specifically provide them with an incentive to make themselves known to the government, register for some kind of work visa, and if they wish, get on the path to permanent residence. Second, reform embodies what lobbyists in Washington, D.C. call the "future flow," which corresponds to the flow of people who …