Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 7 of 7
Full-Text Articles in Immigration Law
Revisiting Immigration Exceptionalism In Administrative Law, Christopher J. Walker
Revisiting Immigration Exceptionalism In Administrative Law, Christopher J. Walker
Reviews
With all the changes swirling in administrative law, one trend seems to be getting less attention than perhaps it should: the death of regulatory exceptionalism in administrative law. For decades, many regulatory fields—such as tax, intellectual property, and antitrust—viewed themselves as exceptional, such that the normal rules of the road in administrative law do not apply. The Supreme Court and the lower courts have increasingly rejected such exceptionalism in many regulatory contexts, emphasizing that the Administrative Procedure Act (APA) and related administrative law doctrines are the default rules unless Congress has clearly chosen to depart from them by statute in …
Legal Order At The Border, Evan J. Criddle
Legal Order At The Border, Evan J. Criddle
Faculty Publications
For generations, the United States has grappled with high levels of illegal immigration across the U.S.-Mexico border. This Article offers a novel theoretical framework to explain why legal order remains elusive at the border. Drawing inspiration from Lon Fuller’s “interactional view of law,” I argue that immigration law cannot attract compliance unless it is general, public, prospective, clear, consistent, and stable; obedience with its rules is feasible; and the law’s enforcement is congruent with the rules as enacted. The flagrant violation of any one of these principles could frustrate the development of a functional legal order. Remarkably, U.S. immigration law …
The Absurdity Of Criminalizing Encouraging Words, Eric Franklin Amarante
The Absurdity Of Criminalizing Encouraging Words, Eric Franklin Amarante
Scholarly Works
This article discusses the Supreme Court’s holding in Hansen v. U.S., which upheld a statute that makes it a felony to encourage an undocumented person to remain in the United States.
Anti-Carceral Theory And Immigration: A View From Two Law School Clinics, Sabrina Balgamwalla, Lauren Bartlett
Anti-Carceral Theory And Immigration: A View From Two Law School Clinics, Sabrina Balgamwalla, Lauren Bartlett
All Faculty Scholarship
This article explores clinical teaching philosophies related to anti-carceral theory and provides examples of how to support student learning in clinics serving immigrant clients. Anti-carceral theory in this context is used to refer to an approach that resists criminalization and incarceration within law, drawing on abolitionism, intersectional and anti-carceral feminism, and decolonization.
The anti-carceral lens provides framing and language to name the dynamics of social exclusion and discrimination inherent in immigration law. It also allows us to unpack immigration regulation as a series of choices made within the larger context of law enforcement and its systems of surveillance, policing, and …
The End Of Asylum Redux And The Role Of Law School Clinics, Elora Mukherjee
The End Of Asylum Redux And The Role Of Law School Clinics, Elora Mukherjee
Faculty Scholarship
The Biden Administration has perpetuated many of the prior administration’s hostile policies undermining access to asylum at the southern border. This Essay first examines these policies and then identifies emerging opportunities for law school clinics to address these new challenges, including by serving asylum seekers south of the U.S.-Mexico border.
Immigration Enforcement Preemption, Pratheepan Gulasekaram
Immigration Enforcement Preemption, Pratheepan Gulasekaram
Publications
The Supreme Court's 2012 decision, Arizona v. United States, turned back the most robust and brazen state regulation of immigration in recent memory, striking down several provisions of Arizona's omnibus enforcement law. Notably, the Court did not limit preemption inquiries to conflicts between the state law and congressional statutes. The Court also based its decision on the tension between the state law and Executive Branch enforcement policies. The landmark decision seemed to have settled the Court's approach to immigration enforcement federalism. Yet, a scant eight years after Arizona, in Kansas v. Garcia, the Court upheld Kansas's prosecutions of noncitizens who …
Fleeing The Land Of The Free, Jayesh Rathod
Fleeing The Land Of The Free, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
This Essay is the first scholarly intervention, from any discipline, to examine the number and nature of asylum claims made by U.S. citizens, and to explore the broader implications of this phenomenon. While the United States continues to be a preeminent destination for persons seeking humanitarian protection, U.S. citizens have fled the country in significant numbers, filing approximately 14,000 asylum claims since 2000. By formally seeking refuge elsewhere, these applicants have calculated that the risks of remaining in the United States outweigh the bundle of rights that accompany U.S. citizenship. Given the United States’ recent flirtation with authoritarianism, and the …