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Articles 1 - 13 of 13
Full-Text Articles in Immigration Law
Improving Lawyers & Lives: How Immigrant Justice Corps Built A Model For Quality Representation While Empowering Recent Law School And College Graduates And The Immigrant Communities Whom They Serve, Jojo Annobil, Elizabeth Gibson
Improving Lawyers & Lives: How Immigrant Justice Corps Built A Model For Quality Representation While Empowering Recent Law School And College Graduates And The Immigrant Communities Whom They Serve, Jojo Annobil, Elizabeth Gibson
Fordham Law Review
The late Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit formed a study group in 2008 called the Study Group on Immigrant Representation to assess the scope of the problem and find a solution. The study group determined that the representation crisis was an issue “of both quality and quantity” and that the two most important variables for a successful outcome in a case were having counsel and not being detained. To address this need, the study group established two innovative programs: the New York Immigrant Family Unity Project (NYIFUP), the first public defender …
A Living Legacy: The Katzmann Study Group On Immigrant Representation, The Honorable Denny Chin
A Living Legacy: The Katzmann Study Group On Immigrant Representation, The Honorable Denny Chin
Fordham Law Review
On March 9, 2023, hundreds of individuals—including immigration lawyers, advocates, government officials, academics, journalists, and philanthropists—gathered for a symposium at Fordham University School of Law entitled Looking Back and Looking Forward: Fifteen Years of Advancing Immigrant Representation. The symposium was organized by the Fordham Law Review and sponsored by law school centers and clinics, nonprofit organizations, and the Katzmann Study Group on Immigrant Representation (the “Study Group”). For members of the Study Group, the day was particularly poignant because several sessions at the symposium honored the life and accomplishments of the Hon. Robert A. Katzmann, the Study Group’s founder and …
Representing Noncitizens In The Context Of Legal Instability And Adverse Detention Precedent, Nancy Morawetz
Representing Noncitizens In The Context Of Legal Instability And Adverse Detention Precedent, Nancy Morawetz
Fordham Law Review
This Essay addresses three structural aspects of immigration law that have shifted in recent years and present important challenges for delivering adequate representation. Although the Katzmann study group’s many initiatives have shored up access to counsel in immigration courts and for immigration applications, the ground has been shifting under our feet. This Essay discusses three (of many) phenomena that make it harder than ever to lawyer on behalf of noncitizens. The first is the rise of red-state lawsuits that lead to enormous unpredictability about the agency rules under which lawyers can expect to operate. The second is the individuation and …
The Crisis Of Unrepresented Immigrants: Vastly Increasing The Number Of Accredited Representatives Offers The Best Hope For Resolving It, Michele R. Pistone
The Crisis Of Unrepresented Immigrants: Vastly Increasing The Number Of Accredited Representatives Offers The Best Hope For Resolving It, Michele R. Pistone
Fordham Law Review
The U.S. immigration system is exceedingly complex, and access to legal representation is the primary determinant in obtaining a just immigration outcome. Immigrants must navigate a byzantine, burdensome, and high stakes legal process, conducted in a language they often do not speak. They often must do so without any legal representation. Unlike criminal defendants, immigrants are not entitled to government-funded lawyers. Legal services organizations, such as Legal Services Corporation, that receive any federal funding are prohibited from providing legal representation to most immigrants. Faith-based and charitable legal services organizations provide some legal representation to immigrants through attorneys, staff members, and …
Daca, Government Lawyers, And The Public Interest, Stephen Lee, Sameer M. Ashar
Daca, Government Lawyers, And The Public Interest, Stephen Lee, Sameer M. Ashar
Fordham Law Review
On June 15, 2012, the Obama administration announced a significant change in immigration policy: Homeland Security Secretary Janet Napolitano began to instruct immigration officials to defer enforcement actions against those noncitizens who would likely be eligible for relief under the DREAM Act, should Congress choose to pass it. This program, which came to be known as Deferred Action for Childhood Arrivals (DACA), has become the most significant immigration-benefits program in a generation. Not since Congress passed a comprehensive reform bill in 1986, which included a pathway to citizenship, has an immigration program so quickly and positively changed the lives of …
Study Group On Immigrant Representation: The First Decade, Robert A. Katzmann
Study Group On Immigrant Representation: The First Decade, Robert A. Katzmann
Fordham Law Review
All of us here have a common goal: ensuring adequate legal representation of the immigrant poor. A courtroom has multiple players with different roles, but all would agree that adequate legal representation of the parties is essential to the fair and effective administration of justice. Deficient representation frustrates the work of courts and ill serves litigants. All too often, and throughout the country, courts that address immigration matters must contend with such a breakdown in legal representation, a crisis of massive proportions with severe, tragic costs to immigrants and their families. For our nation’s immigrants, the urgent need for competent …
Universal Representation, Lindsay Nash
Universal Representation, Lindsay Nash
Fordham Law Review
In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for noncitizens in removal proceedings. This effort, initially born out of a pilot project in New York City, has generated a host of replication projects throughout the nation and holds the promise of even broader expansion. But as it grows, this effort must confront challenges from within: the sort-of supporters who want to limit this representation system’s coverage in a number of ways, …
Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers
Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers
Fordham Urban Law Journal
No abstract provided.
Time, Due Process, And Representation: An Empirical And Legal Analysis Of Continuances In Immigration Court, David Hausman, Jayashri Srikantiah
Time, Due Process, And Representation: An Empirical And Legal Analysis Of Continuances In Immigration Court, David Hausman, Jayashri Srikantiah
Fordham Law Review
Since 2014, U.S. immigration courts have expedited the cases of many children and families fleeing persecution in Mexico and Central America. This Article conducts an empirical and legal analysis of this policy, revealing that reasonable time between immigration court hearings is necessary to protect the statutory and constitutional rights to legal representation. A large majority of immigrants facing deportation- including those part of the recent surge of children and families from Central America and Mexico-appear at their first deportation hearing without a lawyer, often because they cannot afford one. When an immigrant appears without a lawyer and does not expressly …
Padilla V. Kentucky: Sound And Fury, Or Transformative Impact, Steven Zeidman
Padilla V. Kentucky: Sound And Fury, Or Transformative Impact, Steven Zeidman
Fordham Urban Law Journal
No abstract provided.
You Are The Last Lawyer They Will Ever See Before Exile: Padilla V. Kentucky And One Indigent Defender Office's Account Of Creating A Systematic Approach To Providing Immigration Advice In Times Of Tight Budgets And High Caseloads, Carlos J. Martinez, George C. Palaidis, Sarah Wood Borak
You Are The Last Lawyer They Will Ever See Before Exile: Padilla V. Kentucky And One Indigent Defender Office's Account Of Creating A Systematic Approach To Providing Immigration Advice In Times Of Tight Budgets And High Caseloads, Carlos J. Martinez, George C. Palaidis, Sarah Wood Borak
Fordham Urban Law Journal
No abstract provided.
A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink
A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink
Fordham Urban Law Journal
No abstract provided.
"One Manner Of Law": The Supreme Court, Stare Decisis And The Immigration Law Plenary Power Doctrine, Anne E. Pettit
"One Manner Of Law": The Supreme Court, Stare Decisis And The Immigration Law Plenary Power Doctrine, Anne E. Pettit
Fordham Urban Law Journal
This note examines the extreme deference the Court gives to Congress in the realm of immigration legislation. The author argues that, in Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court's analysis of stare decisis, precedent and the rule of law provides a strikingly effective paradigm through which to view the history of Supreme Court immigration rulings. Viewed through the Court's own analysis of its power to make and revise precedent decisions, the immigration plenary power doctrine's jurisprudential shortcomings become more evident and the arguments to overturn the doctrine become more powerful. This Note concludes that no principled constitutional …