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Immigration Law Commons

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Articles 1 - 5 of 5

Full-Text Articles in Immigration Law

A Weaponized Process: The Deterioration Of Asylum Administration Under Trump, David C. Portillo Jr. Jan 2022

A Weaponized Process: The Deterioration Of Asylum Administration Under Trump, David C. Portillo Jr.

Journal of the National Association of Administrative Law Judiciary

Under the Trump Administration, a series of Attorney General decisions increased Executive Branch scrutiny over decisions of the Board of Immigration Appeals (BIA). This scrutiny serves to advance an anti-immigration policy at the cost of denying entry of valid asylum seekers. These decisions are due to tension between the politically directed executive power of Attorneys General and the Judicial nature of the BIA. This internal contradiction results in Attorney General decisions that are arbitrary, inconsistent, employ poor reasoning, deviate from precedent, and cause inhumane effects. The structure of asylum administration, as laid out in the Immigration and Naturalization Act and …


Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto Apr 2013

Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto

Journal of the National Association of Administrative Law Judiciary

The troubled status of the immigration court system has garnered much attention from scholars, appellate judges, and even the United States Attorney General. This article suggests a new lens through which to examine the acknowledged crisis in immigration courts: judicial ethics. Because the term judicial ethics encompasses a broad array of principles, the article narrows its focus to bias and incompetence on the part of immigration judges in the courtroom. Immigration judges operate as a unique judiciary under the Executive Branch of government. An examination of the modern immigration court system, including inadequate disciplinary procedures for immigration judges, reveals that …


The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield Mar 2013

The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper Mar 2013

Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova Mar 2013

The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova

Journal of the National Association of Administrative Law Judiciary

No abstract provided.