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Articles 1 - 13 of 13
Full-Text Articles in Immigration Law
The Status Of Nonstatus, Geoggrey Heeren
The Status Of Nonstatus, Geoggrey Heeren
American University Law Review
Millions of unauthorized immigrants in the United States have no legal immigration status and live in constant fear of deportation. There are millions more who do have some sort of status, like lawful permanent residency, asylum, or a nonimmigrant visa. In between is the netherworld of nonstatus. Here live noncitizens who possess government documentation but few rights. They have no pathway to lawful permanent residence or citizenship and cannot receive most public benefits. If nonstatus is denied or revoked by a prosecutor or bureaucrat, there is no right to a hearing or an appeal. If the Executive Branch discriminates in …
The Boundaries Of Executive Discretion: Deferred Action, Unlawful Presence, And Immigration Law, Peter Margulies
The Boundaries Of Executive Discretion: Deferred Action, Unlawful Presence, And Immigration Law, Peter Margulies
American University Law Review
No abstract provided.
Bordering Persecution: Why Asylum Seekers Should Not Be Subject To Expedited Removal, Alvaro Peralta
Bordering Persecution: Why Asylum Seekers Should Not Be Subject To Expedited Removal, Alvaro Peralta
American University Law Review
No abstract provided.
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.
Exploited At The Intersection: A Critical Race Feminist Analysis Of Undocumented Latina Workers And The Role Of The Private Attorney General, Llezlie Green
Articles in Law Reviews & Other Academic Journals
Undocumented Latina workers experience wage theft and other workplace exploitation at alarmingly high rates. The stock stories associated with immigrant workers often involve male day laborers or female domestic workers and fail to capture the experiences of women toiling in the farms, restaurants, factories, and home and business cleaning services that employ hundreds of thousands of immigrant women. The resulting invisibility of undocumented Latina women in the typical narratives parallels the paucity of undocumented Latina workers who make legal claims against their exploitative employers. Their distinct experiences are characterized by multiple intersecting vulnerabilities based upon their ethnicity, gender, and immigration …
Particularized Social Groups And Categorical Imperatives In Refugee Law: State Failures To Recognize Gender And The Legal Reception Of Gender Persecution Claims In Canada, The United Kingdom, And The United States, Melanie Randall
American University Journal of Gender, Social Policy & the Law
No abstract provided.
D(E)Volving Discretion: Lessons From The Life And Times Of Secure Communities, Juliet P. Stumpf
D(E)Volving Discretion: Lessons From The Life And Times Of Secure Communities, Juliet P. Stumpf
American University Law Review
The devolution of immigration authority to line officers, touted as a strength of the Secure Communities program, planted the seeds of the program's downfall. Rising from the ashes of Secure Communities, the Priority Enforcement Program (PEP) set priorities for removal and also unveiled a potential antidote to the devolution of agency discretion. This Article details the rise of Secure Communities and describes the devolution of discretion that ultimately undermined the program. It then spotlights a little-noticed attribute of the PEP-one that addresses head-on Secure Communities' devolution of enforcement discretion to the lowest level. PEP attempts to recapture ftderal discretion to …
Disparate Treatment Of Mexican Unaccompanied Alien Children: The United States' Violation Of The Trafficking Protocol, Supplementing The Un Convention Against Transnational Organized Crime, Alejandra Aramayo
American University International Law Review
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 …
The History Of Prosecutorial Discretion In Immigration Law, Shoba Sivaprasad Wadhia
The History Of Prosecutorial Discretion In Immigration Law, Shoba Sivaprasad Wadhia
American University Law Review
No abstract provided.
Slavery By Another Name: 'Voluntary' Immigrant Detainee Labor And The Thirteenth Amendment, Anita Sinha
Slavery By Another Name: 'Voluntary' Immigrant Detainee Labor And The Thirteenth Amendment, Anita Sinha
Articles in Law Reviews & Other Academic Journals
During the McCarthy era, Congress passed an obscure law authorizing detained immigrants to work for a payment of one dollar a day. The government justified the provision, which was modeled after the 1949 Geneva Convention’s protections for prisoners of war, in the context of the period’s relative heightened detentions of noncitizens. Soon afterwards, the enactment of the Immigration and Nationality Act of 1952 diminished the use of detention drastically, and the practice of detainee labor lay dormant for decades. Modern changes to immigration law and its systems have rendered immigration detention today the largest mass incarceration movement in U.S. history. …
Concord With Which Other Families: Marriage Equality, Family Demographics, And Race, Nancy Polikoff
Concord With Which Other Families: Marriage Equality, Family Demographics, And Race, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.