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Immigration Enforcement And The Future Of Discretion, Shoba Wadhia
Immigration Enforcement And The Future Of Discretion, Shoba Wadhia
Shoba Sivaprasad Wadhia
No abstract provided.
The Aftermath Of United States V. Texas, Shoba S. Wadhia
The Aftermath Of United States V. Texas, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
On June 23, 2016, the Supreme Court issued a 4-4 ruling in the immigration case of United States v. Texas, blocking two “deferred action” programs announced by President Obama on November 20, 2014: extended Deferred Action for Childhood Arrivals (DACA Plus) and Deferred Action for Parents of Americans and Legal Residents (DAPA). The 4-4 ruling by the justices creates a non-precedential non-decision, upholding an injunction placed by a panel of federal judges in the Fifth Circuit Court of Appeals. While the future of these programs remains uncertain in the long term, the immediate effects are pronounced, as millions of qualifying …
Is Immigration Law National Security Law?, Shoba S. Wadhia
Is Immigration Law National Security Law?, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
The debate around how to keep America safe and welcome newcomers is prominent. In the last year, cities and countries around the world, including Baghdad, Dhaka, Istanbul, Paris, Beirut, Mali and inside the United States - have been vulnerable to terrorist attacks and human tragedy. Meanwhile, the world faces the largest refugee crises since the Second World War. This article is based on remarks delivered at Emory Law Journal’s annual Thrower Symposium on February 11, 2016. It explores how national security concerns have shaped recent immigration policy in the Executive Branch, Congress and the states and the moral, legal and …
Beyond Deportation: Understanding Immigration Prosecutorial Discretion And United States V. Texas, Shoba S. Wadhia
Beyond Deportation: Understanding Immigration Prosecutorial Discretion And United States V. Texas, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
In this article, I place the Supreme Court case of United States v. Texas into a broader context by describing the history and legal authority for prosecutorial discretion in immigration law and highlighting the contents and recommendations in my book, Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases. Part I of this article offers a primer on the role of prosecutorial discretion in immigration law and also describes two related programs announced by President Obama on November 20, 2014 and the subject of litigation for nearly two years as of this writing. Part II provides a history and …
The History Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia
The History Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
This Article describes the historical role of prosecutorial discretion in immigration law and connects this history to select executive actions announced by President Obama on November 20, 2014.
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 …
The Role Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia
The Role Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
The concept of "prosecutorial discretion" appears in the immigration statute, agency memoranda and court decisions about select immigration enforcement decisions. Prosecutorial discretion extends to decisions about which offenses or populations to target; whom to stop, interrogate, and arrest; whether to detain or release a noncitizen; whether to initiate removal proceedings; and whether to execute a removal order; among other decisions. Similar to the criminal context, prosecutorial discretion in the immigration context is an important tool for achieving cost-effective law enforcement and relief for individuals who present desirable qualities or humanitarian circumstances. Yet there is a dearth of literature on the …