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- Binational marriages (1)
- Choice between rights (1)
- Citizenship (1)
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- Immigration (1)
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- Immigration; Immigration Enforcement; Procedural Justice; Critical Race Theory; Gangs; Gang Database; Gang Enforcement; Boston; Operation Ceasefire; Boston Miracle; Presumptions; Immigration Proceedings; Urban Policing; School to Deportation Pipeline; Asylum; First Circuit Court of Appeal; Ortiz v. Garland; Field Interrogation Observation; Social Services; Segregated Neighborhoods; ICE; Immigration and Customs Enforcement; Violent Gang Tast Force; Burden of Proof (1)
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- Noncitizens (1)
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Articles 1 - 2 of 2
Full-Text Articles in Law and Race
Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper
Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper
Brooklyn Law Review
This article examines evidence that the government presents in deportation proceedings against young men of color to prove that they are gang members. The gang evidence results in detention, deportation, adverse credibility decisions, and denial of discretionary relief. This article examines the gang evidence through the lens of the law’s use of presumptions and the corresponding burdens of proof at play in immigration proceedings. The immigration burden allocations allow adjudicators to readily accept the harmful presumption contained in the gang evidence—that urban youth of color are criminals and likely to engage in violent crime associated with gangs. The article seeks …
Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell
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 …