Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Immigration Law (2)
- C.A.P. (1)
- CE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) (1)
- Commandeering (1)
- Criminal Alien Program (CAP) (1)
-
- Criminal Federalism (1)
- Criminal Justice Reform (1)
- Criminal Law (1)
- DEPORT (Detention Enforcement and Processing Offenders by Remote Technology) (1)
- Department Of Homeland Security (1)
- Department of Homeland Security (1)
- Domestic Security (1)
- Federal Overreach (1)
- Federalism (1)
- First Amendment (1)
- Free Speech (1)
- ICE (1)
- Immigrant Sanctuary (1)
- Immigration and Customs Enforcement (ICE) (1)
- Immigration and Customs Enforcement Agency (1)
- Law Enforcement (1)
- Marijuana Decriminalization (1)
- National Security (1)
- Noncitizens (1)
- Partnership Model (1)
- Patriot Act (1)
- Police (1)
- Police Governance (1)
- Printz v. United States (1)
- Prohibition (1)
Articles 1 - 6 of 6
Full-Text Articles in Immigration Law
Centering Noncitizens’ Free Speech, Gregory P. Magarian
Centering Noncitizens’ Free Speech, Gregory P. Magarian
Scholarship@WashULaw
First Amendment law pays little attention to noncitizens’ free speech interests. Perhaps noncitizens simply enjoy the same First Amendment rights as citizens. However, ambivalent and sometimes hostile Supreme Court precedents create serious cause for concern. This Essay advocates moving noncitizens’ free speech from the far periphery to the center of First Amendment law. Professor Magarian posits that noncitizens epitomize a condition of speech inequality, in which social conditions and legal doctrines combine to create distinctive, unwarranted barriers to full participation in public discourse. First Amendment law can ameliorate speech inequality by promoting an ethos of free speech obligation, amplifying the …
Categorical Nonuniformity, Sheldon Evans
Categorical Nonuniformity, Sheldon Evans
Scholarship@WashULaw
The categorical approach, which is a method federal courts use to ‘categorize’ which state law criminal convictions can trigger federal sanctions, is one of the most impactful yet misunderstood legal doctrines in criminal and immigration law. For thousands of criminal offenders, the categorical approach determines whether a previous state law conviction—as defined by the legal elements of the crime—sufficiently matches the elements of the federal crime counterpart that justifies imposing harsh federal sentencing enhancements or even deportation for noncitizens. One of the normative goals courts have invoked to uphold this elements-based categorical approach is that it produces nationwide uniformity. Ironically, …
Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner
Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner
Scholarship@WashULaw
Three successive presidential administrations have opposed immigrant sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigration enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular history of a field this Article identifies as “police federalism.” For nearly all of U.S. history, Americans within and outside of the political and juridical fields flatly rejected federal policies that would make state and local police subordinate to the federal executive. Drawing from Bourdieusian social theory, this Article conceptualizes the sentiment driving this longstanding …
Right At Home: Modeling Sub-Federal Resistance As Criminal Justice Reform, Trevor George Gardner
Right At Home: Modeling Sub-Federal Resistance As Criminal Justice Reform, Trevor George Gardner
Scholarship@WashULaw
Over the past two decades, state and local governments have crippled the federal war on marijuana as well as a series of federal initiatives designed to enforce federal immigration law through city and county police departments. This Article characterizes these and similar events as sub-federal government resistance in service of criminal justice reform. In keeping with recent sub-federal criminal reform movements, it prescribes a process model of reform consisting of four stages: enforcement abstinence, enforcement nullification, mimicry, and enforcement abolition. The state and local governments that pass through each of these stages can frustrate the enforcement of federal criminal law …
The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner
The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner
Scholarship@WashULaw
Despite the broad powers wielded by the federal government in security administration, the Supreme Court’s holding in Printz v. United States serves as a substantial check against federal overreach. Hand wringing by legal scholars over the Court’s reasoning in Printz and the rigid rules against commandeering attached to this reasoning have obscured the fact that the case now stands as a bulwark against the expansion of federal authority over state, county, and local police. Given the holding in Printz, ICE cannot require the active participation of subnational police in immigration enforcement and must instead—despite its previous assertions to the contrary—solicit …
The C.A.P. Effect: Racial Profiling In The Ice Criminal Alien Program, Trevor George Gardner, Aarti Kohli
The C.A.P. Effect: Racial Profiling In The Ice Criminal Alien Program, Trevor George Gardner, Aarti Kohli
Scholarship@WashULaw
The goal of the Criminal Alien Program (CAP) is to improve safety by promoting federal-local partnerships to target serious criminal offenders for deportation. Indeed, the U.S. Congress has made clear that Immigration and Customs Enforcement (ICE) “should have no greater immigration enforcement priority than to remove deportable aliens with serious criminal histories from the United States…” The Warren Institute’s analysis of arrest data pursuant to an ICE-local partnership in Irving, Texas demonstrates that ICE is not following Congress’ mandate to focus resources on the deportation of immigrants with serious criminal histories.
This study also shows that immediately after Irving, Texas …