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Articles 1 - 7 of 7
Full-Text Articles in Law
A Rising Star: Maria Viveiros, Rwu Class Of 2017 (May 2018), Roger Williams University School Of Law
A Rising Star: Maria Viveiros, Rwu Class Of 2017 (May 2018), Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Protecting Children? Assessing The Treatment Of Unaccompanied Minors In The U.S., Chiara Galli
Protecting Children? Assessing The Treatment Of Unaccompanied Minors In The U.S., Chiara Galli
Latino Public Policy
In the summer of 2014, unprecedented numbers of unaccompanied minors fleeing violence in El Salvador, Guatemala and Honduras arrived in the U.S. seeking refuge. Current U.S. immigration law affords certain legal protections to children who migrate alone from non-contiguous countries, allowing them to be initially admitted to the U.S. To avoid deportation and remain in the country long-term, however, they must successfully apply for humanitarian relief from deportation. This interview-based study traces these children’s experiences navigating this legal process and interacting with different branches of the US immigration bureaucracy.
Newsroom: Fund Lawyers To Fight For The Poor 1-26-2018, Luis Mancheno, Roger Williams University School Of Law
Newsroom: Fund Lawyers To Fight For The Poor 1-26-2018, Luis Mancheno, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Crimmigration In Gangland: Race, Crime, And Removal During The Prohibition Era, Geoffrey Heeren
Crimmigration In Gangland: Race, Crime, And Removal During The Prohibition Era, Geoffrey Heeren
Articles
In 1926, local law enforcement and federal immigration authorities in Chicago pursued a deportation drive ostensibly directed at gang members. However, the operation largely took the form of indiscriminate raids on immigrant neighborhoods of the city. Crimmigration in Gangland describes the largely forgotten 1926 deportation drive in Chicago as a means to augment the origin story for "crimmigration." Scholars up until now have mostly contended that the convergence of criminal and immigration law occurred in the 1980s as part of the War on Drugs, with crime serving as a proxy for race for policy makers unable to openly argue for …
Judicial Review Of Disproportionate (Or Retaliatory) Deportation, Jason A. Cade
Judicial Review Of Disproportionate (Or Retaliatory) Deportation, Jason A. Cade
Scholarly Works
This Article focuses attention on two recent and notable federal court opinions considering challenges to Trump administration deportation decisions. While finding no statutory bar to the noncitizens’ detention and deportation in these cases, the court in each instance paused to highlight the injustice of the removal decisions. This Article places the opinions in the context of emerging immigration enforcement trends, which reflect a growing indifference to disproportionate treatment as well as enforcement actions founded on retaliation for the exercise of constitutional rights. Judicial decisions like the ones considered here serve vital functions in the cause of immigration law reform even …
Chevron's Liberty Exception, Michael Kagan
Chevron's Liberty Exception, Michael Kagan
Scholarly Works
This Article argues that the Supreme Court’s practice in immigration cases reflects an unstated but compelling limitation on Chevron deference. Judicial deference to the executive branch is inappropriate when courts review the legality of a government intrusion on physical liberty. This norm is illustrated by the fact that the Court has not meaningfully applied Chevron deference in cases concerning deportation, and also has seemed reluctant to do so in cases concerning immigration detention. It is a logical extension of the established rule that Chevron deference does not apply to questions of criminal law. By contrast, the Court applies Chevron deference …
Toward Universal Deportation Defense: An Optimistic View, Michael Kagan
Toward Universal Deportation Defense: An Optimistic View, Michael Kagan
Scholarly Works
One of the most positive responses to heightened federal enforcement of immigration laws has been increasing local and philanthropic interest in supporting immigrant legal defense. These measures are tentative and may be fleeting, and for the time being are not a substitute for federal support for an immigration public defender system. Nevertheless, it is now possible to envision many more immigrants in deportation having access to counsel, maybe even a situation in which the majority do. In this paper, Professor Michael Kagan makes no real predictions. Instead, he offers a deliberately-perhaps even blindly optimistic assessment of how concrete steps that …