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.

Constitutional Citizenship Under Attack, Joseph W. Dellapenna

Villanova Law Review

No abstract provided.

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 …

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 …

Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria L. Ontiveros

Seattle University Law Review

The government focuses on trafficking as the definitive form of modern day slavery. In doing so, it portrays modern day slavery as a private act with identifiable wrongdoers and views the Thirteenth Amendment through the lens of forced labor. Workers’ advocates, on the other hand, portray modern day slavery as a systemic form of oppression, supported by governmental policies on immigration and occupational exclusions. These groups focus on the Thirteenth Amendment through the lens of class. A historical analysis suggests that the proper approach views the Thirteenth Amendment through the lens of both class and labor.

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers

Fordham Urban Law Journal

No abstract provided.

Time, Due Process, And Representation: An Empirical And Legal Analysis Of Continuances In Immigration Court, David Hausman, Jayashri Srikantiah

Fordham Law Review

Since 2014, U.S. immigration courts have expedited the cases of many children and families fleeing persecution in Mexico and Central America. This Article conducts an empirical and legal analysis of this policy, revealing that reasonable time between immigration court hearings is necessary to protect the statutory and constitutional rights to legal representation. A large majority of immigrants facing deportation- including those part of the recent surge of children and families from Central America and Mexico-appear at their first deportation hearing without a lawyer, often because they cannot afford one. When an immigrant appears without a lawyer and does not expressly …

Padilla V. Kentucky: Sound And Fury, Or Transformative Impact, Steven Zeidman

Fordham Urban Law Journal

No abstract provided.

You Are The Last Lawyer They Will Ever See Before Exile: Padilla V. Kentucky And One Indigent Defender Office's Account Of Creating A Systematic Approach To Providing Immigration Advice In Times Of Tight Budgets And High Caseloads, Carlos J. Martinez, George C. Palaidis, Sarah Wood Borak

Fordham Urban Law Journal

No abstract provided.

A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink

Fordham Urban Law Journal

No abstract provided.

Immigration, Criminalization, And Disobedience, Allegra M. Mcleod

University of Miami Law Review

This Article explores two contending visions of immigration justice: one focused on expanding procedural rights for immigrants, and a second associated with a movement of immigrant youth who have come out as “undocumented and unafraid,” issuing a fundamental challenge to immigration restrictionism. As immigration enforcement in the United States increasingly relies on criminal prosecution and detention, advocates for reform have increasingly turned to constitutional criminal procedure, seeking greater procedural protections for immigrants. But this Article argues that this focus on enhanced procedural protections is woefully incomplete as a vision of immigration justice. Although a right to counsel, for example, may …

Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming H. Chen

Chicago-Kent Law Review

The conventional wisdom, backed by legitimacy research, is that majority of people obey most of the laws, most of the time. This turns out to not be the case in a study of state and local participation in immigration law enforcement. In the five years following initiation of the Secure Communities program, through which the federal government requests that local law enforcement agencies hold immigrants beyond their scheduled release upon suspicion that they are removable, a significant and growing number of states and localities have declined to cooperate with federal immigration detainer requests—ultimately leading to the demise of the Secure …

Left Behind: The Dying Principle Of Family Reunification Under Immigration Law, Anita Ortiz Maddali

University of Michigan Journal of Law Reform

A key underpinning of modern U.S. immigration law is family reunification, but in practice it can privilege certain families and certain members within families. Drawing on legislative history, this Article examines the origins and objectives of the principle of family reunification in immigration law and relies on legal scholarship and sociological and anthropological research to reveal how contemporary immigration law and policy has diluted the principle for many families—particularly those who do not fit the dominant nuclear family model, those classified as unskilled, and families from oversubscribed countries—and members within families. It explores the ways in which women and children, …

How The Lone Star State Reached The Entire Nation: The Need To Limit The Nationwide Injunction Against Dapa And Daca In United States V. Texas, Denise Cartolano

Florida A & M University Law Review

On June 23, 2016, the Supreme Court of the United States was ultimately deadlocked in the case United States v. Texas. In just one line, the Supreme Court shattered the dreams of millions of undocumented children and their parents who were residing in the United States; those like Anthony and Maria.The Supreme Court's utterance of these nine words, "[t]he judgment is affirmed by an equally divided Court," created instability and uncertainty amongst undocumented children, students, workers and parents. This divided decision upheld a nationwide injunction against President Obama's executive action creating DAPA and expanding DACA.

Although the stories of Anthony …

Toward A New Framework For Understanding Political Opinion, Catherine Dauvergne

Michigan Journal of International Law

This paper was written to frame the work of the Seventh Colloquium on Challenges in International Refugee Law, held at the University of Michigan Faculty of Law, on March 27–29, 2015. To some extent, therefore, it has already served its purpose. It is somewhat tempting in the wake of the Colloquium to completely reconstruct the paper in light of the conversations and conclusions of that event. Such reconstruction, however, would be misleading. Instead, I have chosen to publish the paper in a form that is very similar to its earlier iteration, with a few corrections, clarifications, and explanatory notes about …

Bordering The Constitution, Constituting The Border, Efrat Arbel

Osgoode Hall Law Journal

It is an established principle in Canadian law that refugees present at or within Canada’s borders are entitled to basic constitutional protection. Where precisely these borders lie, however, is far from clear. In this article, I examine the Canadian border as a site at which to study the constitutional entitlements of refugees. Through an analysis of the Multiple Borders Strategy (MBS)--a broad strategy that re-charts Canada’s borders for the purposes of enhanced migration regulation--I point to a basic tension at play in the border as site. I argue that the MBS imagines and enacts the border in two fundamentally different …