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Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele R. Pistone, John J. Hoeffner Esq.
Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele R. Pistone, John J. Hoeffner Esq.
Working Paper Series
Immigration inspectors are authorized to deport persons who arrive at U.S. ports without valid travel documents. This process, which usually occurs within 48 hours and does not allow for judicial review, is called expedited removal. This article begins by summarizing the findings of the few studies allowed access to the process. The authors extrapolate from the studies to demonstrate that thousands of genuine asylum seekers have erroneously been deported via expedited removal. The greatest cause of erroneous deportation is a failure by the agency responsible for the process, Customs and Border Protection (CBP), to follow its own rules. The heart …
Considering Standing, Sincerity, And Antidiscrimination, Chapin C. Cody
Considering Standing, Sincerity, And Antidiscrimination, Chapin C. Cody
Working Paper Series
This Article will establish that an unrecognized norm, the “norm of sincerity,” is an implicit factor in the standing analysis in a certain class of equal protection cases. That class of cases includes equal protection claims where 1) courts have applied the “able and ready to compete” test to determine a plaintiff’s injury in fact, and where 2) the plaintiff has complained about discriminatory access to limited government resources. In those cases, a plaintiff cannot demonstrate injury in fact sufficient to meet Article III standing unless she shows that she sincerely intends to use the benefits at stake in the …