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Articles 1 - 17 of 17
Full-Text Articles in Immigration Law
Brief Of Nat’L Assoc. Of Crim. Defense Attorney & Nat’L Assoc. Of Fed’L Defenders As Amicus Curiae, Pereida V. Barr, No. 19-438 (U.S.) (Feb. 2020)., Jenny Roberts
Amicus Briefs
Brief of Nat’l Assoc. of Crim. Defense Attorney & Nat’l Assoc. of Fed’l Defenders as Amicus Curiae, Pereida v. Barr, No. 19-438 (U.S.) (Feb. 2020).
2017 Symposium Discussion: The Life Of An Immigration Attorney, Cori Alonso-Yoder
2017 Symposium Discussion: The Life Of An Immigration Attorney, Cori Alonso-Yoder
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod
Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country’s military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection of the criminalization of migration, and its promotion of efforts to regularize undocumented migrants. Although the law itself is new, the values embedded in the law reflect recent trends in Brazilian immigration policy, which has embraced legalization, and has generally resisted the use of criminal law to punish …
Equity In Contemporary Immigration Enforcement: Defining Contributions And Countering Criminalization, Jayesh Rathod, Alia Al-Khatib
Equity In Contemporary Immigration Enforcement: Defining Contributions And Countering Criminalization, Jayesh Rathod, Alia Al-Khatib
Articles in Law Reviews & Other Academic Journals
Since the 2016 Presidential election, discussions of immigration policy and enforcement have taken center stage in the public debate. In contrast to the Obama administration, which had articulated specific priorities for removal, the Trump administration has significantly expanded its enforcement targets. Indeed, high-level officials have confirmed that virtually anyone who is in the country without authorization is susceptible to removal. To make its case for enhanced immigration enforcement, the current administration has deployed familiar tropes regarding immigrant criminality and dangerousness. This rhetoric, operationalized through varied structures of criminalization, has shrunk the pool of individuals who can argue against removal, notwithstanding …
Fundamentally Unfair: Databases, Deportation, And The Crimmigrant Gang Member, Katherine Conway
Fundamentally Unfair: Databases, Deportation, And The Crimmigrant Gang Member, Katherine Conway
American University Law Review
Provocative language painting immigrants as dangerous criminals and promises of increased immigration enforcement were cornerstones of Donald j Trump's presidential candidacy. As president, he has maintained this rhetoric and made good on many of his promises by broadening the definition of "criminal conduct" for immigration enforcement purposes, touting a renewed focus on immigrant gangs and cartels, and conducting several nation-wide anti-gang sweeps that placed an estimated 1095 "known" gang members in Immigration and Customs Enforcement (ICE) custody. But the Trump Administration did not create the specter of the criminal immigrant, or "crimmigrant," gang member, nor did it create the detection …
Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill
Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill
Criminal Law Practitioner
No abstract provided.
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Articles in Law Reviews & Other Academic Journals
Immigration scholars and advocates frequently criticize our immigration system for imposing severe penalties akin to (or worse than) those in the criminal justice system — such as prolonged detention and permanent exile from the United States — without providing sufficient procedural protections to minimize enforcement errors. Yet there has been relatively little scholarship examining the frequency of errors in immigration enforcement and identifying recurring causes of those errors, in part because the data is hard to find. This Article begins by canvassing some of the publicly available data on enforcement errors, which reveal that such mistakes occur too frequently to …
Crimmigration Creep: Reframing Executive Action On Immigration, Jayesh Rathod
Crimmigration Creep: Reframing Executive Action On Immigration, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In this Essay, I seek to build upon existing scholarship relating to DACA and DAPA, by offering an alternate lens through which to examine the programs. Specifically, I argue that DACA and DAPA, by naming and entrenching the “significant misdemeanor” bar to eligibility, contribute to a concerning expansion of “crimmigration law.” To be sure, neither program exists in codified law; nevertheless, the eligibility bars under DACA and DAPA are poised to wreak doctrinal havoc by upending the way particular criminal conduct is treated in the U.S. immigration system. In some respects, the DACA and DAPA bars are more stringent than …
Distilling Americans: The Legacy Of Prohibition On U.S. Immigration Law, Jayesh Rathod
Distilling Americans: The Legacy Of Prohibition On U.S. Immigration Law, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the exclusion of "persons with chronic alcoholism" seeking to enter the United States. Several decades later, the Immigration and Nationality Act of 1952 specified that any noncitizen who "is or was ... a habitual drunkard" was per se lacking in good moral character, and hence ineligible for naturalization. Although the "chronic …
Unlocking Secure Communities: The Role Of The Freedom Of Information Act In The Department Of Homeland Security's Secure Communities, Erica Lynn Tokar
Unlocking Secure Communities: The Role Of The Freedom Of Information Act In The Department Of Homeland Security's Secure Communities, Erica Lynn Tokar
Legislation and Policy Brief
In 1941, members of the Attorney General’s Committee on Administrative Procedure agreed unanimously that “an important and far-reaching defect of administrative law has been the simple lack of public information concerning its substance and procedure.” The Freedom of Information Act (FOIA) uniquely addresses this concern by providing members of the general public an opportunity to consider and respond to administrative action by viewing actual agency records. FOIA affords broad access to “any person,” and it has become a key tool for both organizations and individuals who not only wish to learn more about the inner workings of the U.S. government, …
Give Us Your Huddled Masses Yearning To Breathe Free: A Criminal Defender Resource Guide To Advising The Non-Citizen Criminally Accused, Rita M. Montoya
Give Us Your Huddled Masses Yearning To Breathe Free: A Criminal Defender Resource Guide To Advising The Non-Citizen Criminally Accused, Rita M. Montoya
Criminal Law Practitioner
No abstract provided.
Billions (Yes, With A B) For Prevention, Victim Services, Law Enforcement, Underserved Populations And The Courts, And Looking Ahead To Vawa Iv, Leslye Orloff, Claudia Bayliff, Lisalyn Jacobs, Lynn Hecht Schafran, Juley Fulcher
Billions (Yes, With A B) For Prevention, Victim Services, Law Enforcement, Underserved Populations And The Courts, And Looking Ahead To Vawa Iv, Leslye Orloff, Claudia Bayliff, Lisalyn Jacobs, Lynn Hecht Schafran, Juley Fulcher
Articles in Law Reviews & Other Academic Journals
[panelist] I feel like I have gone on a trip down memory lane. I want to take us back in time to give you an idea of what it looked like for immigrant women, women of color, and underserved communities in 1994, in terms of access to services and assistance for domestic violence and sexual assault. In those days there were very few programs-and we could probably count them on two, maybe four hands nationally-that were working specifically and had expertise working with immigrant victims, non-English-speaking victims, and women of color victims. Those programs were isolated from each other. In …
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Material Support To Terrorists Or Terrorist Organizations: Asylum Seekers Walking The Relief Tightrope , Craig R. Novak
Material Support To Terrorists Or Terrorist Organizations: Asylum Seekers Walking The Relief Tightrope , Craig R. Novak
The Modern American
No abstract provided.
Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff
Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff
Articles in Law Reviews & Other Academic Journals
The United States is currently experiencing one of the largest waves of immigration in its history. Contrary to common assumptions, more than half of new immigrants are women. Despite this fact, U.S. immigration policy and most agencies serving immigrants have remained blind to gender differences and have treated all immigrants alike.
The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal convictions …