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Articles 1 - 5 of 5
Full-Text Articles in Immigration Law
Fugitive Slaves And Undocumented Immigrants: Testing The Boundaries Of Our Federalism, Sandra L. Rierson
Fugitive Slaves And Undocumented Immigrants: Testing The Boundaries Of Our Federalism, Sandra L. Rierson
University of Miami Law Review
Federalism—the dual system of sovereignty that invests both the nation as a whole and each individual state with the authority to govern the people of the United States of America—is a foundational pillar of American democracy. Throughout the nation’s history, political crises have tested the resilience of this dual system of government established by the United States Constitution. The fundamental contradiction of slavery in a nation founded on the principle that “all men are created equal” triggered the nation’s most prominent existential crisis, resulting in the Civil War. In the years leading up to that war, the federal government’s protection …
Is The United States Safely Repatriating Unaccompanied Children? Law, Policy, And Return To Guatemala, Karen S. Baker
Is The United States Safely Repatriating Unaccompanied Children? Law, Policy, And Return To Guatemala, Karen S. Baker
University of Miami Law Review
The United States regularly removes unaccompanied immigrant children and returns them to their countries of origin, with numbers rising rapidly in recent years. The United States has moral and legal obligations to this group of children. Rooted in deep moral underpinnings, the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 requires the government to establish policies and procedures to effectuate the safe repatriation of unaccompanied children. However, now more than a decade later, the U.S. government has failed to delineate its practices promoting safe return and, in addition to a general lack of transparency, the scant information available suggests …
Immigration, Criminalization, And Disobedience, Allegra M. Mcleod
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 …
Criminal Aliens Facing Indefinite Detention Under Ins: An Analysis Of The Review Process, Lourdes M. Guiribitey
Criminal Aliens Facing Indefinite Detention Under Ins: An Analysis Of The Review Process, Lourdes M. Guiribitey
University of Miami Law Review
No abstract provided.
America's Incoherent Immigration Policy: Some Problems And Solutions, James J. Orlow
America's Incoherent Immigration Policy: Some Problems And Solutions, James J. Orlow
University of Miami Law Review
The author identifies some basic problems with America's immigration policy. Initially he observes that a fair and reasonable policy can only be made at the risk of inflaming local prejudices. Furthermore, the policy is inherently political and inconsistently applied. Finally, the enforcement of immigration law is not effective because the Immigration and Naturalization Service is understaffed and overworked. To remedy these problems, the author suggests that Congress enact legislation that is practical and internally consistent. He also proposes the formation of a review agency that will impartially analyze and recommend immigration policy.