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Articles 1 - 22 of 22
Full-Text Articles in Law
The Immigrant Struggle For Effective Counsel: An Empirical Assessment, Jayanth K. Krishnan
The Immigrant Struggle For Effective Counsel: An Empirical Assessment, Jayanth K. Krishnan
Articles by Maurer Faculty
Recently, in Department of Homeland Security v. Thuraissigiam, the Supreme Court upheld 8 U.S.C. § 1252(e)(2), a statutory provision placing restrictions on certain noncitizens from seeking habeas review in the federal judiciary. The Court focused on the Constitution’s Suspension Clause, but it also discussed the Due Process Clause, declaring that there was no violation there either.
One question which flows from this decision is whether the federal courts will soon be precluded from hearing other types of claims brought by noncitizens. Consider ineffective assistance of counsel petitions, which in the immigration law context are rooted in the Due Process Clause. …
The 'Impractical And Anomalous' Consequences Of Territorial Inequity, Jayanth K. Krishnan
The 'Impractical And Anomalous' Consequences Of Territorial Inequity, Jayanth K. Krishnan
Articles by Maurer Faculty
Located in the South Pacific Ocean, American Samoa is one of five populated “unincorporated territories” of the United States. It is unique, though, as those born there are not recognized as American citizens at birth and instead are deemed “noncitizen U.S. nationals.” They enjoy some, but not all, constitutional protections. Two federal appellate courts—the D.C. Circuit (in 2015) and the Tenth Circuit (in 2021)—have ruled that this classification does not violate the Fourteenth Amendment’s Citizenship Clause. Both courts have stated that it would be “impractical” and “anomalous” to extend birthright citizenship to the American Samoan community.
Drawing upon a powerful …
Overstepping: U.S. Immigration Judges And The Power To Develop The Record, Jayanth K. Krishnan
Overstepping: U.S. Immigration Judges And The Power To Develop The Record, Jayanth K. Krishnan
Articles by Maurer Faculty
In 1952, Congress established a new federal position to be filled by “special inquiry officers” charged with overseeing deportation cases. These immigration judges—as they eventually came to be called—were assigned to work within the executive branch, namely, the Department of Justice, and they were to be answerable ultimately to a political appointee, the attorney general. Importantly, they received specific statutory authority allowing them to “develop the record” during an immigration case. This power enabled immigration judges to assemble evidence and call, “interrogate, examine, and cross‑examine . . . any witnesses.”
Given that many immigrants who appear in immigration court do …
Facts Versus Discretion: The Debate Over Immigration Adjudication, Jayanth K. Krishnan
Facts Versus Discretion: The Debate Over Immigration Adjudication, Jayanth K. Krishnan
Articles by Maurer Faculty
Justice Amy Coney Barrett recently issued her first majority-led immigration opinion in Patel v. Garland (2022). As background, some immigrants looking to avoid deportation may apply for what is called “discretionary relief’ (e.g., asylum or adjustment of status) initially in an immigration court and then, if they lose, at the Board of Immigration Appeals (BIA). These immigration forums fall under the Department of Justice. Prior to Patel, immigrants who lost at the BIA could then ask a federal circuit court to review the factual findings of their case. Now, after Justice Barrett’s decision, Article III review is no longer available …
Lawyers For The Undocumented: Addressing A Split Circuit Dilemma For Asylum-Seekers, Jayanth K. Krishnan
Lawyers For The Undocumented: Addressing A Split Circuit Dilemma For Asylum-Seekers, Jayanth K. Krishnan
Articles by Maurer Faculty
The immigration crisis at the border, since 2016, has seen children separated from parents, the detention of noncitizens increase, and record-breaking numbers of applicants denied entry into the United States. For individuals fleeing their home countries because of persecution, the hardship has been particularly severe. To start, the chances of gaining asylum have dwindled significantly. For those who are successful, a subsequent and crucial question is whether the lawyers who represent them can recoup their legal fees from the government.
Since 1980, a federal statute known as the Equal Access to Justice Act (EAJA) has allowed for a “prevailing party” …
Judicial Power—Immigration-Style, Jayanth K. Krishnan
Judicial Power—Immigration-Style, Jayanth K. Krishnan
Articles by Maurer Faculty
Throughout this current global pandemic, but of course, even before, former President Trump advocated enacting restrictive immigration measures. Under his tenure, the Department of Homeland Security (DHS) assumed enhanced judicial authority and issued decisions that often adversely affected noncitizens. However, in June 2020, the U.S. Supreme Court struck down one of the DHS's most well-known initiatives, which sought to end the 'DACA' program. The Court held that the agency could not do so arbitrarily and had to comply with the requirements set forth in the Administrative Procedure Act.
Yet, there have been other areas where the DHS, particularly through its …
The Domestic Face Of Globalization: Law's Role In The Integration Of Immigrants In The United States, Alfred C. Aman, Graham Rehrig
The Domestic Face Of Globalization: Law's Role In The Integration Of Immigrants In The United States, Alfred C. Aman, Graham Rehrig
Articles by Maurer Faculty
This article applies a global perspective to immigration in the United States, focusing in particular on law’s role in the integration of immigrants into U.S. society. The global perspective illuminates the relationship of immigration to other forms of transnationalism, as well as to the situation of non-immigrant minorities and the working poor. We review the history of immigration law in the United States as well as the main elements of current debate. Drawing on the Constitution’s guarantees of equal protection, as well as the preemption doctrine, we suggest specific ways in which immigration law might optimally evolve in the future. …
Symposium: Race Across Boundaries: Introduction, Kevin D. Brown
Symposium: Race Across Boundaries: Introduction, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
There Is A Land In The Far Off West, Michael Maben
There Is A Land In The Far Off West, Michael Maben
Articles by Maurer Faculty
No abstract provided.
Mobilizing Immigrants, Jayanth K. Krishnan
Mobilizing Immigrants, Jayanth K. Krishnan
Articles by Maurer Faculty
No abstract provided.
Thoughts On Proposed Immigration Reforms, John Scanlan
Thoughts On Proposed Immigration Reforms, John Scanlan
Articles by Maurer Faculty
No abstract provided.
American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan
American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan
Articles by Maurer Faculty
No abstract provided.
Call And Response: The Particular And The General, John A. Scanlan
Call And Response: The Particular And The General, John A. Scanlan
Articles by Maurer Faculty
No abstract provided.
Aliens In The Marketplace Of Ideas: The Government, The Academy, And The Mccarran-Walter Act, John A. Scanlan
Aliens In The Marketplace Of Ideas: The Government, The Academy, And The Mccarran-Walter Act, John A. Scanlan
Articles by Maurer Faculty
No abstract provided.
Why The Mccarran-Walter Act Must Be Amended, John Scanlan
Why The Mccarran-Walter Act Must Be Amended, John Scanlan
Articles by Maurer Faculty
No abstract provided.
Human Rights, U.S. Foreign Policy, And Haitian Refugees, John Scanlan, Gilburt Loescher
Human Rights, U.S. Foreign Policy, And Haitian Refugees, John Scanlan, Gilburt Loescher
Articles by Maurer Faculty
No abstract provided.
U.S. Foreign Policy, 1959-80: Impact On Refugee Flow From Cuba, John Scanlan, Gilburt Loescher
U.S. Foreign Policy, 1959-80: Impact On Refugee Flow From Cuba, John Scanlan, Gilburt Loescher
Articles by Maurer Faculty
Migration from Cuba to the United States since Castro assumed power, and the haracterization of those leaving as refugees, have been strongly affected by U.S. foreign policy concerns. During the 1959-62 migration wave, particularly prior to the failure of the Bay of Pigs invasion, Cubans were welcomed as temporary exiles, likely to topple Castro and return home. The second major migration wave began in 1965, in the midst of a U.S. campaign for systematically isolating and economically depriving Cuba and its citizens. When thousands of those citizens left Cuba, primarily to improve their economic circumstances and rejoin family members, they …
Asylum Adjudication: Some Due Process Implications Of Proposed Immigration Legislation, John A. Scanlan
Asylum Adjudication: Some Due Process Implications Of Proposed Immigration Legislation, John A. Scanlan
Articles by Maurer Faculty
No abstract provided.
Panel Discussion On Emigration And Immigration Law, John A. Scanlan, Barry R. Chiswick, Rudolph W. Giuliani, James J. Orlow, Michael H. Posner, Alan C. Swan
Panel Discussion On Emigration And Immigration Law, John A. Scanlan, Barry R. Chiswick, Rudolph W. Giuliani, James J. Orlow, Michael H. Posner, Alan C. Swan
Articles by Maurer Faculty
No abstract provided.
Immigration Law And The Illusion Of Numerical Control, John A. Scanlan
Immigration Law And The Illusion Of Numerical Control, John A. Scanlan
Articles by Maurer Faculty
No abstract provided.
Regulating Refugee Flow: Legal Alternatives And Obligations Under The Refugee Act Of 1980, John Scanlan
Regulating Refugee Flow: Legal Alternatives And Obligations Under The Refugee Act Of 1980, John Scanlan
Articles by Maurer Faculty
No abstract provided.
Book Review. Vernier, C. G., American Family Laws, Vol. 5: Incompetents And Dependents, Ralph F. Fuchs
Book Review. Vernier, C. G., American Family Laws, Vol. 5: Incompetents And Dependents, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.