Immigration Law Commons^™

The Ever-Changing Bogeyman: How Fear Has Driven Immigration Law And Policy, Arthur L. Rizer Iii

Louisiana Law Review

The article explores the relationship between national security and immigration law in the U.S. with the legal framework of immigration law including provisions of the Immigration and Nationality Act and the need of protecting the borders, population control, and the essence of the rule of law.

Homosexual Resident Alien Deportable As A Psychopathic Personality

The Catholic Lawyer

No abstract provided.

Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell

Brooklyn Law Review

As the fiftieth anniversary of Loving v. Virginia approaches, de jure prohibitions against interracial marriages are history. However, marriages between people of different national origins continue to be undermined by the law. The Constitution does not protect the marital rights of citizens who marry noncitizens in the same way that it protects all other marriages. Courts have consistently held that a spouse’s deportation does not implicate the rights of American citizens, and the Constitution has long been held inapplicable in protecting the substantive due process rights of noncitizens facing deportation. Given the spike in deportations over the past decade, hundreds …

Catholic Social Teaching, The Right To Immigrate, And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad G. Marzen, William Woodyard Ii

San Diego Law Review

A number of scholars have commented on the significance of religious traditions to the debate concerning immigration policy in the United States.[1] In this Article, we contend that the Catholic legal tradition is relevant to the contemporary debate among policymakers, as it balances policy considerationsof the right to immigrate as well as the right of a nation to regulate its borders advocated on both ends of the policy debate. Section I of this Article discusses the current policy debate concerning comprehensive immigration reform and recent major legislative proposals for comprehensive immigration reform, including the plan of the “Gang of Eight” …

When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Transparent Review Of Agency Immigration Decisions, Kyler Mccarty

BYU Law Review

No abstract provided.

Recent Developments; Immigration And Naturalization -- Effect Of State Conviction Of Minor Drug Offense By Youthful Offenders -- Availability Of Relief From Mandatory Deportation Based On State Certificate Of Relief From Disabilities Granted As A Result Of The Conviction (Rehman V. Immigration And Naturalization Service, 2d Cir 1976), Donna R. Christie

Georgia Journal of International & Comparative Law

No abstract provided.

The New Immigration Law, John E. Mccarthy

The Catholic Lawyer

No abstract provided.

Constitutional Citizenship Under Attack, Joseph W. Dellapenna

Villanova Law Review

No abstract provided.

Disaggregating "Immigration Law", Mathew J. Lindsay

Florida Law Review

Courts and scholars have long noted the constitutional exceptionalism of the federal immigration power, decried the injustice it produces, and appealed for greater constitutional protection for noncitizens. This Article builds on this robust literature while focusing on a particularly critical conceptual and doctrinal obstacle to legal reform—the notion that laws governing the rights of noncitizens to enter and remain within the United States comprise a distinct body of “immigration laws” presumed to be part and parcel of foreign affairs and national security.

This Article argues that the U.S. Supreme Court’s recent immigration jurisprudence suggests a willingness to temper, and perhaps …

The President And Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan

Florida Law Review

This Article lays out a systematic, conceptual framework to better understand the relationship between federal executive action and state- level legislation in immigration. Prior immigration law scholarship has focused on structural power questions between the U.S. federal government—as a unitary entity—and the states, while newer scholarship has examined separation of powers concerns between the President and Congress. This Article builds on both of these traditions, focusing on the intersectional relationship between the federal Executive and subfederal lawmaking, which is an important yet overlooked dynamic in the resurgence of immigration federalism. First, this Article explains the relationship between presidential action and …

Pushing An End To Sanctuary Cities: Will It Happen?, Raina Bhatt

Michigan Journal of Race and Law

Sanctuary jurisdictions refer to city, town, and state governments (collectively, localities or local governments) that have passed provisions to limit their enforcement of federal immigration laws. Such local governments execute limiting provisions in order to bolster community cooperation, prevent racial discrimination, focus on local priorities for enforcement, or even to a show a local policy that differs from federal policy. The provisions are in the forms of executive orders, municipal ordinances, and state resolutions. Additionally, the scope of the provisions vary by locality: some prohibit law enforcement from asking about immigration status, while others prohibit the use of state resources …

Kill The Snitch: How Henriquez-Rivas Affects Asylum Eligibility For People Who Report Serious Gang Crimes To Law Enforcement, James Carr

Washington Law Review

In 2015, El Salvador became the murder capital of the world. Like its Central American neighbors, El Salvador has experienced a significant increase in gang violence during the past decade, as evidenced by its 2015 homicide statistics showing over 6,600 registered homicides in the country despite a population of only 6.3 million people. Rising crime rates and widespread gang influence are forcing many affected Central Americans to seek asylum in the United States. Individuals may qualify for asylum if they have a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social …

Dna, Donor Offspring And Derivative Citizenship: Redefining Parentage Under The Citizenship Act, Stefanie Carsley

Dalhousie Law Journal

Under Canada's Citizenship Act, children born outside Canada acquire derivative citizenship-that is, citizenship through descent or parentage-if at least one of their parents is Canadian. However according to Citizenship and Immigration Canada, in order to qualify for derivative citizenship a child must have a genetic link to a Canadian citizen. Canadians who use donated sperm or eggs to conceive-including women who give birth using donated eggs-are therefore not considered parents for citizenship purposes. According to the Federal Court of Appeal, Canadian donors may also pass on their citizenship to their genetic offspring. This article argues that current interpretations of the …

Aliens And Immigration; Kerala Education Bill; Sunday Laws; The Bishop Of Prato

The Catholic Lawyer

No abstract provided.

Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano

University of Miami Race & Social Justice Law Review

Florida is one of fifteen jurisdictions in the United States that have enacted a direct file statute that grants prosecutors the ability to transfer juveniles from the juvenile justice system to adult court. Critiques of the direct file statute have focused on its effectiveness on deterrence and recidivism, its arbitrariness in application, and the tension with the role of juvenile justice in reforming rather than punishing youth. This Note explores the harmful consequences of the direct file statute on non-citizen youth in immigration proceedings and the probability of obtaining immigration relief. An adult conviction as opposed to a juvenile delinquency …

Aliens - Immigration And Naturalization - Seasonal And Daily Commuters Qualify As “Special Immigrants” Who Are Lawfully Admitted For Permanent Residence And Are Returning From A Temporary Visit Abroad, Michael Kendall-Patrick Williams

Georgia Journal of International & Comparative Law

No abstract provided.

Federalism And The Disappearing Equal Protection Rights Of Immigrants, Kevin R. Johnson

Washington and Lee Law Review Online

Jenny-Brooke Condon’s article The Preempting of Equal Protection for Immigrants? analyzes important issues surrounding the constitutional rights of immigrants. Professor Condon in essence contends that the current legislative, executive, and scholarly focus on the distribution of immigration power between the state and federal governments has undermined the Equal Protection rights of legal immigrants in the United States. Despite the contentious national debates over immigration reform, immigrants’ rights have generally been of secondary concern in contemporary immigration scholarship, which is now dominated by analysis of immigration federalism.

Professor Condon undoubtedly is correct that we should not lose sight of the rights …

The Family Abandoned By A Migrant, Dr. T. Stark

The Catholic Lawyer

No abstract provided.

Surrogacy And Citizenship: A Conjunctive Solution To A Global Problem, Caitlin Pyrce

Indiana Journal of Global Legal Studies

People around the world are turning to surrogacy when they are unable to conceive by traditional means. When surrogacy turns traditional notions of parentage upside down, however, countries struggle to find efficient regulations that protect their own citizens, while still recognizing the increasingly global nature of modern society. Children born through surrogacy arrangements between Thai surrogate mothers and Australian intended parents have been confronted with the consequences of inadequate regulation. This note argues that in addition to revising surrogacy legislation to reflect the increasingly transient nature of society, countries must make mirror citizenship reform so children born through surrogacy are …

Immigration, Charles H. Kuck, Keith N. Jensen

Mercer Law Review

During the January 1, 2015 to December 31, 2015 survey period, the Eleventh Circuit courts decided hundreds of cases affecting immigration law. The following is a discussion of some of those decisions that clarified important issues pertaining to immigration law in the Eleventh Circuit.

Residence Laws - A Step Forward Or Backward?, Anthony F. Logatto

The Catholic Lawyer

No abstract provided.

Motion Picture Censorship; Expatriation Charitable Immunity; Deportation

The Catholic Lawyer

No abstract provided.

Catholic Views On Immigration, Joan Christie Davis

The Catholic Lawyer

No abstract provided.

Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott

Georgia Journal of International & Comparative Law

No abstract provided.

Aliens And Immigration; Right-To-Work Laws; Zoning Problems

The Catholic Lawyer

No abstract provided.

Legal Status Of Injured Churchgoer In Suit Against Bishop; Aliens And Sponsor's Affidavits Of Support

The Catholic Lawyer

No abstract provided.

The Refugee And United States Legislation, Very Reverend Monsignor Aloysius J. Wycislo

The Catholic Lawyer

No abstract provided.

The Legal Aspect Of Immigration, David P. Doyle

The Catholic Lawyer

No abstract provided.

The International Catholic Migration Commission, James J. Norris

The Catholic Lawyer

No abstract provided.