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Immigration Law Commons

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Articles 1 - 6 of 6

Full-Text Articles in Immigration Law

Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Brownell Tirres Dec 2013

Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Brownell Tirres

Michigan Journal of Race and Law

At the nation’s founding, the common law of property defined ownership as an incident of citizenship. Noncitizens were unable lawfully to hold, devise, or inherit property. This doctrine eroded during the course of the eighteenth and nineteenth centuries, but few scholars have examined its demise or the concommittant rise of property rights for foreigners. This Article is the first sustained treatment of the creation of property rights for noncitizens in American law. It uncovers two key sources for the rights that emerged during the nineteenth century: federal territorial law, which allowed for alien property ownership and alien suffrage, and state …


Defining American: The Dream Act, Immigration Reform And Citizenship, Elizabeth Keyes Sep 2013

Defining American: The Dream Act, Immigration Reform And Citizenship, Elizabeth Keyes

Nevada Law Journal

No abstract provided.


Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill E. Family Sep 2013

Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill E. Family

University of Michigan Journal of Law Reform

Immigration law relies on rules that bind effectively, but not legally, to adjudicate millions of applications for immigration benefits every year. This Article provides a blueprint for immigration law to improve its use of these practically binding rules, often called guidance documents. The agency that adjudicates immigration benefit applications, United States Citizenship and Immigration Services (USCIS), should develop and adopt its own Good Guidance Practices to govern how it uses guidance documents. This Article recommends a mechanism for reform, the Good Guidance Practices, and tackles many complex issues that USCIS will need to address in creating its practices. The recommended …


Crossing The Final Border: Securing Equal Gender Protection In Immigration Cases, Michelle L. Sudano Mar 2013

Crossing The Final Border: Securing Equal Gender Protection In Immigration Cases, Michelle L. Sudano

William & Mary Bill of Rights Journal

No abstract provided.


In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin Jan 2013

In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin

Indiana Journal of Global Legal Studies

To analyze the forms of membership that are created in the gap between formal citizenship and social belonging, this paper takes up three examples of citizenship in the breach: (1) the 1980-1992 Salvadoran civil war, in which human rights abuses perpetrated in El Salvador effectively constituted Salvadoran migrants as stateless persons, though technically they held Salvadoran citizenship; (2) informal U.S. membership claims put forward by longtime U.S. residents who were deported to El Salvador; and (3) the legal or documentary problems that emerge when legal permanent residents, some of whom immigrated to the United States from El Salvador during the …


Deferred Action For Childhood Arrivals: Why Granting Driver’S Licenses To Daca Beneficiaries Makes Constitutional And Political Sense, Kari E. D'Ottavio Jan 2013

Deferred Action For Childhood Arrivals: Why Granting Driver’S Licenses To Daca Beneficiaries Makes Constitutional And Political Sense, Kari E. D'Ottavio

Maryland Law Review

No abstract provided.