Immigration Law Commons^™

Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon

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

Abstract forthcoming

Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez

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

Abstract forthcoming.

Immigration Exceptionalism, David S. Rubenstein, Pratheepan Gulasekaram

Northwestern University Law Review

The Supreme Court’s jurisprudence is littered with special immigration doctrines that depart from mainstream constitutional norms. This Article reconciles these doctrines of “immigration exceptionalism” across constitutional dimensions. Historically, courts and commentators have considered whether immigration warrants exceptional treatment as pertains to rights, federalism, or separation of powers—as if developments in each doctrinal setting can be siloed. This Article rejects that approach, beginning with its underlying premise. Using contemporary examples, we demonstrate how the Court’s immigration doctrines dynamically interact with each other, and with politics, in ways that affect the whole system. This intervention provides a far more accurate rendering of …

Comments: Immigration And Modern Slavery: How The Laws Of One Fail To Provide Justice To Victims Of The Other, Shannon E. Clancy

University of Baltimore Law Review

On the first Sunday in February, Americans across the country look forward to the game of the year—the Super Bowl. Most sports fans would likely compare the anticipation and excitement of this game to that of a young child waking up on Christmas morning. This game brings in thousands of supporters to the host city each year and draws millions of television viewers. With the flashy lights, spirited fans, and debuting commercials, this game would appear to be the highlight of any person’s day. But looking behind the scenes, that is not always the case. This vast crowd also appeals …

A Funny Thing Happened On My Way To The Border . . . How The Recent Immigration Executive Orders And Subsequent Lawsuits Demonstrate The Immediate Need For Comprehensive Immigration Reform, Emily C. Callan

University of Baltimore Law Review

No abstract provided.

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

Rebecca Sharpless

Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost

Amanda Frost

Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh Rathod

Articles in Law Reviews & Other Academic Journals

In recent years, labor unions in the United States have embraced the immigrants’ rights movement, cognizant that the very future of organized labor depends on its ability to attract immigrant workers and integrate them into union ranks. At the same time, the immigrants’ rights movement has been lauded for its successful organizing models, often drawing upon the vitality and ingenuity of immigrant-based worker centers, which themselves have emerged as alternatives to traditional labor unions. And while the labor and immigrants’ rights movements have engaged in some fruitful collaborations, their mutual support has failed to radically reshape the trajectory of either …

The Case For Mexican Asylum Seekers Fleeing Cartel Violence, Perry B. Nava

Perry B Nava

The number of Mexican immigrants filing for asylum in the United States is on the rise as cartel violence affects more people each year. The perceived increase in cartel-related, violent crime is displacing people similar to how a war forces displaced refugees out of a country; but the United States is not accepting a great majority of the applications for asylum. This paper explores the more broadly applicable law that protects persecuted people; some of the issues that have simultaneously contributed to increased migration to the United States and aggressive expansion by the drug cartels; the result of the application …

Undocumented Student Success: Navigating Restraints Related To Retention, Ronald Hallett

Ronald Hallett

Undocumented college students face multiple barriers. This case study explores how a group of undocumented Latino/a students maintained a peer network. Using Stanton-Salazar's frameworks of empowerment agents, I discuss how students created a space on campus and navigated internal tensions threatening solidarity, including inclusion/exclusion, competition/support, and personal support/political engagement.

Thinking Broadly About Immigration Reform By Addressing Root Causes, Bill Ong Hing

Bill Ong Hing

The United States is caught up in hysteria, media-induced fear, and misinformation over undocumented immigration. We have militarized the border through “Operation Gatekeeper” pushing border crossers into treacherous terrain, resulting in thousands of unnecessary deaths since the 1990s. We have engaged in Gestapo-type raids of businesses, homes, and neighborhoods, sometimes separating children from their parents. We have arrested and deported lawful permanent resident immigrants who have resided in the United States most of their lives. We have rounded up workers in restaurant sweeps. We have prosecuted human rights volunteers in the Arizona desert who provided food, water, and emergency medical …

Towards Balancing A New Immigration And Nationality Act: Enhanced Immigration Enforcement And Fair, Humane And Cost-Effective Treatment Of Aliens, Christopher Nugent

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

A Check On The Real Realities Of Immigration: A Reflection, Maureen A. Sweeney

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Alien Cloak Of Confidentiality: Look Who's Wearing It Now, Stephen A. Rosenbaum

Publications

After more than a decade of debate, the United States Congress enacted the omnibus Immigration Reform & Control Act of 1986 (IRCA), which ushered in a period of "legalization" or adjustment of status to allow undocumented aliens "to emerge from the shadows."

Part I of this article explores the rationale of the legalization program, the experience of other countries in encouraging applications for their respective "amnesty" or "regularization" programs, and the components of the American approach designed to maximize participation through massive outreach and broad confidentiality.

Part II examines the Immigration and Naturalization Service's (INS) strict construction of the IRCA …