Law Commons^™

Health Insurance And The Undocumented Immigrant, Anja Diercks

Honors Theses

The purpose of this thesis is to perform a comparative analysis on how seven different countries (USA, South Africa, Germany, England, Canada, France and Singapore) organize their healthcare system to cope with the issue of undocumented immigrants and whether or not these systems in place were “fair.” The thesis will also explore the possible ways the United States could change to be more inclusive and fairer in the world of healthcare and health insurance for the undocumented immigrant. A study on what fairness means both in ethical and economical terms is done to suggest a new basis of a fair …

The Financial Burden Of Illegal Aliens: Directing Attention Toward The Employers Of Undocumented Workers, Shane Dola

Brigham Young University Prelaw Review

Businesses that employ illegal aliens hoard enormous profits even as illegal immigration costs U.S. taxpayers approximately $135 billion a year. The fraudulent employment practices of companies that either intentionally or negligently hire undocumented workers have been inadequately addressed by both the federal legislature and executive administrations in the past. Rather than punishing predatory employers who provide economic incentive for immigrants to violate the law, governments have chosen to focus their efforts on futile attempts to prevent illegal immigration itself. Even effective federal regulations, which may otherwise have succeeded in curtailing the widespread practice of hiring undocumented workers, have mostly been …

Enforcing Masculinities At The Borders, Jamie R. Abrams

Jamie R. Abrams

No abstract provided.

A Qualitative Study Of The Perceived Health Care Needs Of Undocumented Latino Day Laborers Living In Las Vegas, Nevada, Siboney Zelaya

UNLV Theses, Dissertations, Professional Papers, and Capstones

Undocumented (unauthorized, illegal) immigrants seek employment on the street corners near home improvement stores offering their services and selling their labor to the employers who arrive in their cars or trucks to pick them up for a few hours of hard work. The number of undocumented immigrants in the United States continues to increase. By percentage of overall population, Nevada has one of the largest shares of undocumented immigrants in the United States, and the bulk of that percentage is Latino.

The purpose of this phenomenological qualitative research study is to gain knowledge about undocumented Latino day laborers' perceived health …

Court Of Appeals Of New York - Cubas V. Martinez, Gregory Gillen

Touro Law Review

No abstract provided.

The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali

Indiana Law Journal

This Article explores how current terminations of undocumented immigrants’ parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the rights of parents who have been, or who face, deportation. Often, biases toward undocumented parents affect determinations concerning parental fitness in a manner that, while different, reaps the same results as the removal of children from their families over a century ago. This Article examines cases in which courts terminated the parental rights …

A Family Tradition: Giving Meaning To Family Unity And Decreasing Illegal Immigration Through Anthropology, Micah Bennett

Indiana Law Journal

My Note explores the family-preference provisions of the Immigration and Nationality Act and argues that they are far too limited, especially in light of the “family unity” policy that underscores the law. Using Mexico as a model, the Note relies on the discipline of anthropology to explain that family inherently drives immigration, and it refers to an allegory from a Mexican immigrant to demonstrate how the INA is ineffective. It then argues that immigration law could learn from anthropology—both its scholarship and its disciplinary ideals—to craft a more effective and better informed immigration law, which would further the family unity …

The Superior Position Of The Creditor In The Community Property Regime: Has The Community Become A Mere Creditor Collection Device, Andrea B. Carroll

Andrea Beauchamp Carroll

No abstract provided.

Post-Racial Proxy Battles Over Immigration, Mary D. Fan

Chapters in Books

Amid economic and political turmoil, anti-immigrant legislation has flared again among a handful of fiercely determined states. To justify the intrusion into national immigration enforcement, the dissident states invoke imagery of invading hordes of “illegals”—though the unauthorized population actually fell by nearly two-thirds, decreasing by about a million people, between 2007 and 2009 as the recession reduced the lure of jobs.

Arizona’s Senate Bill 1070—recently invalidated in part by the U.S. Supreme Court in Arizona v. United States—led the charge. By preelection-year summer 2011, several states enacted laws patterned after Arizona’s controversial Senate Bill 1070, including Alabama’s even more aggressive …

The Promise Of Plyler: Public Institutional In-State Tuition Policies For Undocumented Students And Compliance With Federal Law, Nancy B. Anderson

Washington and Lee Law Review

No abstract provided.

Striking A Balance Among Illegal Aliens, The Ina, And The Nlra: Sure-Tan V. Nlrb, Carl M. Howard

Pepperdine Law Review

Since 1943, the National Labor Relations Board has extended rights guaranteed to employees under the National Labor Relations Act to illegal aliens. In Sure-Tan v. NLRB, the United States Supreme Court for the first time reviewed this practice, approving it and noting that reporting illegal alien employees to the Immigration and Naturalization Service (INS) might constitute an unfair labor practice. Awarding a remedy of back pay was, however, improper as speculative. The author examines the Supreme Court's analysis of the decision and explores its future impact.

Enforcing Masculinities At The Borders, Jamie R. Abrams

Nevada Law Journal

No abstract provided.

Recentering Foreign Affairs Preemption In Arizona V. United States: Federal Plenary Power, The Spheres Of Government, And The Constitutionality Of S.B. 1070, Patrick J. Charles

Cleveland State Law Review

Is foreign affairs preemption concerning immigration an all or nothing approach as the different lower courts and immigration scholars contend? The purpose of this article is to answer this question by recentering foreign affairs preemption in accordance with constitutional intent, an objective reading of Supreme Court precedent, and then reassembling the whole into a workable doctrine. This article will accomplish this in three parts. First, this article provides a brief examination of the plenary power doctrine over immigration, and its constructs according to the Founders' Constitution. This inquiry provides federal courts with the historical guideposts necessary to adjudicate foreign affairs …

Post-Racial Proxies: Resurgent State And Local Anti-"Alien" Laws And Unity-Rebuilding Frames For Antidiscrimination Values, Mary D. Fan

Articles

Though unauthorized migration into the United States has diminished substantially since 2007, anti-“illegal alien” state and local laws and furor are flaring again. While one of the biggest worries regarding such “anti-alien” laws is the risk of racialized harm, courts invalidating overreaching statutes are relying on structural or procedural grounds, such as preemption and due process doctrines. [PARA] This Article examines how these political and legal trends point to how proxies are used in a post-racial era to dance around race, in constructive, national unity-rebuilding as well as divisive, inflammatory ways. Anti-alien legislation is a proxy way to vent resurgent …

Post Padilla: Padilla's Puzzles For Review In State And Federal Courts, Nancy J. King, Gray Proctor

Vanderbilt Law School Faculty Publications

This article addresses questions that may face courts as defendants seek relief under the Court’s decision in Padilla v. Kentucky, which held that counsel’s failure to adequately inform the defendant of the deportation consequences of conviction constituted deficient performance under the Sixth Amendment. Issues addressed include: express waivers of review in plea agreements; what constitutes deficient advice and prejudice sufficient for a finding of ineffective assistance; the retroactive application of Padilla to cases on post-conviction review; federal habeas review of state court decisions rejecting Padilla-type claims; procedural default, successive petition, and time bars to federal habeas review of Padilla claims; …

Citizenship Perception Strain In Cases Of Crime And War: On Law And Intuition, Mary De Ming Fan

Articles

The jurisprudence on crime and war has repeatedly indicated that citizenship matters in determining the scope and applicability of constitutional protections. Just how citizenship matters and what vision of the citizen controls have been murky, however. A rich literature has developed deploring how the nation and the jurisprudence have appeared to slip beneath the baseline of protections when faced with formal citizens who challenge our popular notions about what citizens look like, feel like, and do. What warrants further examination is why this may be so. Understanding the processes that may blur the doctrine and lead to slippage in citizenship …

The New Sanctuary Movement: When Moral Mission Means Breaking The Law, And The Consequences For Churches And Illegal Immigrants, Kara L. Wild

Santa Clara Law Review

No abstract provided.

High Cost Of Low-Cost Workers: Missouri Enacts New Law Targeting Employers Of Unauthorized Workers, The, Michael B. Barnett

Missouri Law Review

This note seeks to explain Missouri's enactment of a law requiring use of E-Verify by certain employers, track recent developments that have made it more difficult to employ unauthorized workers, and advocate the position that this legislation will be upheld in the face of legal challenges. The following Section addresses federal immigration law and the subsequent creation of the E-Verify program. It also examines Missouri's recent enactment that requires some employers to enroll in the E-Verify program and provides stiff penalties for any entity that employs unauthorized workers. Section III considers recent cases out of Arizona, Oklahoma, and Missouri that …

Cast Back Into "Tempest-Tost Waters": "The Uncharted Seas" Of Private Medical Repatriations, Sarah E. Greenlee

Case Western Reserve Law Review

No abstract provided.

The Glass Half-Full: A Rational/Radical Approach To Immigration Reform, Bill Piatt

Faculty Articles

The problems the United States faces in redirecting immigration policies cannot be successfully addressed by a quick fix immigration “reform.” The legal, economic, sociological, political, racial, and moral issues are too complex and have been largely unresolved. As a result, it is unrealistic to expect political leaders to develop an easy solution that will satisfy the myriad competing and conflicting concerns.

Most of the calls for reform are not issued by individuals completely aware of the extent of immigration regulation and of its impact on American society. Rather, calls come from those with relatively narrow interests from all ranges of …

The Immigration-Terrorism Illusory Correlation And Heuristic Mistake, Mary De Ming Fan

Articles

The national broil over immigration reform is fermenting an illusory correlation and mistaken heuristic. Two events illustrate the involvement of legislators in the manufacture and mplification of this heuristic mistake. A controversial bill passed by the House of Representatives in December 2005 explicitly and extensively packaged immigration control with antiterrorism.' During his term as a congressman, J. D. Hayworth published a book claiming that inflows of people over the U.S.-Mexico border pose a "terrorist threat," that the nation has witnessed an "illegal alien crime spree," and that high immigration rates from Mexico threaten social instability.[para] Such pronouncements by legislators generate …

Mae Ngai's Impossible Subjects: Illegal Aliens And The Making Of Modern America, Kerry Abrams

Faculty Scholarship

No abstract provided.

Is Immigration Still Exclusionary A Federal Power - A Preemption Analysis On Legislation By Hazelton, Pennsylvania Regulating Illegal Immigration, Eric L'Heureux Isadore

Villanova Law Review

No abstract provided.

The Superior Position Of The Creditor In The Community Property Regime: Has The Community Become A Mere Creditor Collection Device, Andrea B. Carroll

Santa Clara Law Review

No abstract provided.

An Offer They Can't Refuse: Crafting An Employer's Immigration Compliance Program, John R. Bunker

Hofstra Labor & Employment Law Journal

No abstract provided.

Alien Gang Removal Act Of 2005: Hearing Before The H. Comm. On The Judiciary, 109th Cong., June 28, 2005 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

Impossible Subjects: Illegal Aliens And Alien Citizens, Leti Volpp

Michigan Law Review

America is a nation of immigrants, according to our national narrative. This is the America with its gates open to the world, as well as the America of the melting pot. Underpinning this national narrative is a very particular story of immigration that foregrounds the inclusion of immigrants, rather than their exclusion. Highlighted in this story is the period before 1924, of relatively unfettered European immigration, and the period after 1965, post the lifting of national origins quotas. Also underlying this national narrative is a particular story about what happens once immigrants enter. In this story the immigrant traverses smoothly …

Hoffman Plastic Compounds V. Nlrb: An Invitation To Exploit, Andrew Lewinter

Georgia State University Law Review

No abstract provided.

The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants, Donna F. Coltharp

Faculty Articles

No abstract provided.

In Aid Of Removal: Due Process Limits On Immigration Detention, David Cole

Georgetown Law Faculty Publications and Other Works

In this Article, I seek to demonstrate the radical consequences that taking due process seriously would have for immigration detention as currently practiced. Part I lays out the general principles that apply to civil preventive detention, which establish that substantive due process is violated without an individualized showing after a fair adversarial hearing that there is something to prevent, namely danger to the community or flight. Part II applies this general framework to immigration detention. It first demonstrates, by a review of Supreme Court decisions, that the Court has applied the same due process principles to immigration detention that it …