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Full-Text Articles in Immigration Law
The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray
The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray
William & Mary Bill of Rights Journal
In the years since the Supreme Court decided Trump v. Hawaii, federal district courts have adjudicated dozens of rights-based challenges to executive action in immigration law. Plaintiffs, including U.S. citizens, civil rights organizations, and immigrants themselves, have alleged violations of the First Amendment and the equal protection component of the Due Process Clause with some regularity based on President Trump’s animus toward immigrants. This Article assesses Hawaii’s impact on these challenges to immigration policy, and it offers two observations. First, Hawaii has amplified federal courts’ practice of privileging administrative law claims over constitutional ones. For example, courts considering …
Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti
Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Immigrant Covering, Stella Burch Elias
Immigrant Covering, Stella Burch Elias
William & Mary Law Review
Over the last ten years there has been a marked shift in U.S. immigration law away from reliance upon statutory authorization and regulatory provisions to subregulatory or “liminal” rules and discretionary decision-making. This trend is apparent in both federal immigration law and in state and local rulemaking affecting immigrant communities. This Article proposes a new theoretical framework within which to analyze this phenomenon. It uses “covering,” a legal theory first developed in the context of employment discrimination and equal protection, as a lens through which to view these recent developments in immigration law and policy. It shows how immigration laws …
Guns And Membership In The American Polity, Pratheepan Gulasekaram
Guns And Membership In The American Polity, Pratheepan Gulasekaram
William & Mary Bill of Rights Journal
No abstract provided.
The Transformation Of Immigration Federalism, Jennifer M. Chacón
The Transformation Of Immigration Federalism, Jennifer M. Chacón
William & Mary Bill of Rights Journal
No abstract provided.
The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le
The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le
William & Mary Bill of Rights Journal
No abstract provided.