Immigration Law Commons^™

Clark Memorandum: Spring 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Fidei Defensor: Defending Faith to Enable Communities of Reconciliation
• Conscience, Peacebuilding, and Faith-Based Law Schools
• Elvis Was Right: The Unavoidable Intersection Between Personal Values and a Fulfilling Practice of Law
• The Future of the Establishment Clause: Implications of Kennedy v. Bremerton School District

Rights Without A Remedy: Detained Immigrants And Unlawful Conditions Of Confinement, Brandon Galli-Graves

BYU Law Review

No abstract provided.

Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter

BYU Law Review

No abstract provided.

Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Of Rights and Responsibilities: The Social Ecosystem of Religious Freedom
• I am the Woman Who Can
• Flashes of Light: Thoughts on Circumstantial Evidence
• Capital Markets and Human Flourishing

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Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• In Essentials, Unity; in Nonessentials, Liberty; and in All Things, Charity
• Choose to Trust the Lord
• First Amendment Harms
• "To Do Justly, and to Love Mercy"

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Immigration Law's Looming Rfra Problem Can Be Solved By Rfra, Stephanie Acosta Inks

BYU Law Review

No abstract provided.

Transparent Review Of Agency Immigration Decisions, Kyler Mccarty

BYU Law Review

No abstract provided.

Mapping Citizenship: Status, Membership, And The Path In Between, D. Carolina Nuñez

Faculty Scholarship

No abstract provided.

Fixing Alabama's Public School Enrollment Requirements In H.B. 56: Eliminating Obstacles To An Education For Unauthorized Immigrant Children, Sean Mussey

Brigham Young University Education and Law Journal

No abstract provided.

Requiring A Nexus To National Security: Immigration, “Terrorist Activities,” And Statutory Reform, Jared Hatch

BYU Law Review

No abstract provided.

War Of The Words: Aliens, Immigrants, Citizens, And The Language Of Exclusion, D. Carolina Nunez

BYU Law Review

Words communicate more than their ordinary dictionary meaning. Words tell us about individuals' and communities' conscious and subconscious perceptions. The words we use are evidence of how we think, which, in turn, ultimately determines what we do. In this paper, I examine and compare the usage of the words "immigrant," "alien," and "citizen" to make observations on the nature of membership and belonging in the United States. While it is perhaps intuitive that these words carry very different connotations, here I use corpus linguistics to explore those connotations. I rely on the Corpus of Contemporary American English, a database of …

Creating Crimmigration, César Cuahtémoc García Hernández

BYU Law Review

No abstract provided.

Members Only: Undocumented Students & In-State Tuition, Angela M. Banks

BYU Law Review

No abstract provided.

Mercy In Immigration Law, Allison Brownell Tirres

BYU Law Review

What role should mercy play in immigration law? This Article draws on the robust debate in the criminal law about the role of mercy in the hopes of starting a conversation among immigration law scholars and practitioners. Mercy skeptics argue that mercy contravenes justice, while advocates argue that mercy is a necessary countermeasure to the unrelenting harshness of criminal law today. I argue that the problems of mercy in the criminal law are amplified in the immigration law context. The lack of procedural and substantive protections for immigrants, the acceptance of unfettered discretion and lack of oversight of agency action, …

Multiculturalism And Feminism For Hispanic Immigrant Women Accused Of Drug Crimes, Kathryn Duque Lenhart

BYU Law Review

No abstract provided.

Mistaking U.S. Citizenship, Jorge Gavilanes

Brigham Young University Journal of Public Law

United States (“U.S.”) citizenship has been closely protected from those who cannot claim it. In fact, the value of citizenship is so strong that the law penalizes any who falsely claim citizenship or the benefits derived from being a citizen. Such penalties are imposed even upon those who have not intentionally claimed citizenship, but merely have mistakenly done so. Ironically, despite these efforts to safeguard U.S. citizenship’s privileges and protections, those who rightfully claim citizenship have been deported as aliens because of mistakes made by those enforcing immigration laws. Such juxtaposition leaves us wondering what the real value of citizenship …

The Illinois Dream Act: A Constitutional Nightmare, William Wojnarowski

Brigham Young University Education and Law Journal

No abstract provided.

Representation Without Documentation?: Unlawfully Present Aliens, Apportionment, The Doctrine Of Allegiance, And The Law, Patrick J. Charles

Brigham Young University Journal of Public Law

No abstract provided.

Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia Zug

BYU Law Review

No abstract provided.

Inside The Border, Outside The Law: Undocumented Immigrants And The Fourth Amendment, D. Carolina Nuñez

Faculty Scholarship

As states enact immigration-related laws requiring local law enforcement officers to identify and detain undocumented immigrants, the Fourth Amendment rights of aliens are becoming critically important. In United States v. Verdugo-Urquidez, a divided Supreme Court suggested that aliens in the United States do not have Fourth Amendment rights unless they have established "substantial connections" to the United States. Lower courts have relied on Verdugo's holding to categorically deny Fourth Amendment rights to certain classes of undocumented immigrants. Commentators have criticized the "substantial connections" test as an isolated misinterpretation of Court precedent regarding the rights of aliens within the United States. …

Nonimmigrants, Equal Protection, And The Supremacy Clause, Justin Hess

BYU Law Review

No abstract provided.

Clark Memorandum: Spring 2010, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• The Most Important Three Things in the World (Brett G. Scharffs)
• Stories that Defined Our Law School (Dale A. Kimball)
• Still on the Border (D. Carolina Núñez)
• "Unto Whom Much is Given" (James R. Rasband)

In-State Tuition And Illegal Immigrants: An Analysis Of Martinez V. Regents Of The University Of California, Kyle William Colvin

Brigham Young University Education and Law Journal

No abstract provided.

Lopez-Rodriguez V. Mukasey: The Ninth Circuit’S Expansion Of The Exclusionary Rule In Immigration Hearings Contradicts The Supreme Court’S Lopezmendoza Decision, Eric W. Clarke

BYU Law Review

No abstract provided.

Chevron’S Ambiguity Hurdle: Delgado V. Holder And The Proper Interpretation Of The Particularly Serious Crime Exception To Deportation Relief, William M. Hains

BYU Law Review

No abstract provided.

Still On The Border: The Fractured Membership Rights Of The Undocumented Worker, D. Carolina Nuñez

Faculty Scholarship

No abstract provided.

Fractured Membership: Deconstructing Territoriality To Secure Rights And Remedies For The Undocumented Worker, D. Carolina Nuñez

Faculty Scholarship

Relied upon but unwelcome, among us but uninvited, undocumented workers in the United States – now numbering over 8 million – labor on the border of inclusion and exclusion, between a status-based conception of membership and a territorial approach to membership. Although mere presence in the U.S. secures undocumented workers many of the same labor protections afforded to authorized workers, undocumented status often forecloses certain remedies otherwise available for employer breaches of those protections. Many commentators have criticized this effective status-based denial of rights to undocumented workers as inimical to the goals underlying labor and immigration law. While this Article …

Affirmative Action Gone Haywire: Why State Laws Granting College Tuition Prefernces To Illegal Aliens Are Preempted By Federal Law, Ralph W. Kasarda

Brigham Young University Education and Law Journal

No abstract provided.

Give Me Your Tired, Your Poor, And Your Country Shoppers: Reevaluating The Firm Resettlement Requirement In U.S. Asylum Law After Maharaj V. Gonzales, Sarah Lynne Campbell

Brigham Young University Journal of Public Law

No abstract provided.

On The Continued Need For H-1b Reform: A Partial, Statutory Suggestion To Protect Foreign And U.S. Workers, Todd H. Goodsell

Brigham Young University Journal of Public Law

No abstract provided.