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Full-Text Articles in Immigration Law
Embracing Crimmigration To Curtail Immigrant Detention, Pedro Gerson
Embracing Crimmigration To Curtail Immigrant Detention, Pedro Gerson
UC Irvine Law Review
Immigration advocates have long objected to both the constitutionality and conditions of immigration detention. However, legal challenges to the practice have been largely unsuccessful due to immigration law’s “exceptionality.” Placing recent litigation carried out against immigration detention during the COVID-19 pandemic within the context of the judiciary’s approach to immigration, this Article argues that litigation is an extremely limited strategic avenue to curtail the use of immigration detention. I then argue that anti-immigration detention advocates should attempt to incorporate their agenda into criminal legal reform and decarceration efforts. This is important for both movements. Normatively, immigration detention raises comparable issues: …
Politicizing International Human Rights: The United States’ Border Apartheid Policies And The Universality Of Human Rights, Ally Myers
UC Irvine Journal of International, Transnational, and Comparative Law
This Note uses the example of the United States’ immigration policies to analyze the following questions: (1) what type of rights international human rights are; (2) where these rights come from; (3) how their content should be determined; and (4) what conditions need to exist in order for them to be enforced. The Note argues that answering these questions is an essential prerequisite to enforcing human rights in a way that is truly universal. Part I of the Note grounds these questions in human experience through the case of a refugee seeking asylum at the U.S. border in San Ysidro …
Ice-D Out Of Court: Courthouse Arrests And The Sixth Amendment Right To A Jury Trial For Noncitizen Defendants, Sumouni Basu
Ice-D Out Of Court: Courthouse Arrests And The Sixth Amendment Right To A Jury Trial For Noncitizen Defendants, Sumouni Basu
UC Irvine Law Review
Immigration enforcement has been especially brazen under the Trump administration. As part of a larger “mass deportation agenda,” and in retaliation against localities taking measures to protect immigrants, Immigration and Customs Enforcement (ICE) agents have significantly increased their presence at courthouses. As a result, ICE arrests at courthouses, or “courthouse arrests,” have instilled fear in immigrant communities and chilled participation in the legal system. While these arrests have had far-reaching impacts, preventing survivors and witnesses from accessing the court to seek relief, the focus of this Note is on the particular impact on noncitizen defendants involved in criminal proceedings. Increasingly, …
As Respected As A Citizen Of Old Rome: Assessing Good Moral Character In The Age Of National Security, Jennifer Chin, Zeenat Hassan
As Respected As A Citizen Of Old Rome: Assessing Good Moral Character In The Age Of National Security, Jennifer Chin, Zeenat Hassan
UC Irvine Law Review
No abstract provided.
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh M. Rathod
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh M. Rathod
UC Irvine Law Review
No abstract provided.
“Of The Law, But Not Its Spirit”: Immigration Marriage Fraud As Legal Fiction And Violence Against Asian Immigrant Women, Lee Ann S. Wang
“Of The Law, But Not Its Spirit”: Immigration Marriage Fraud As Legal Fiction And Violence Against Asian Immigrant Women, Lee Ann S. Wang
UC Irvine Law Review
No abstract provided.
Tensions In Rhetoric And Reality At The Intersection Of Work And Immigration, Jennifer Gordon
Tensions In Rhetoric And Reality At The Intersection Of Work And Immigration, Jennifer Gordon
UC Irvine Law Review
No abstract provided.
Criminal Clinics In The Pursuit Of Immigrant Rights: Lessons From The Loncheros, Ingrid V. Eagly
Criminal Clinics In The Pursuit Of Immigrant Rights: Lessons From The Loncheros, Ingrid V. Eagly
UC Irvine Law Review
No abstract provided.