American University Washington College of Law
University of Michigan Law School
University of Pennsylvania Law School
Penn State Law
Less Enforcement, More Compliance,
2015
University of Southern California
Less Enforcement, More Compliance, Emily Ryo
Emily Ryo
A common assumption underlying the current public discourse and legal treatment of unauthorized immigrants is that unauthorized immigrants are lawless individuals who will break the law—any law—in search of economic gain. This notion persists despite substantial empirical evidence to the contrary. This Article examines unauthorized immigrants and their relationship to the law from a novel perspective with original empirical data to make two major contributions. First, I demonstrate that unauthorized immigrants view themselves and their noncompliance with U.S. immigration law in a manner that is strikingly different from the prevalent view of criminality and lawlessness found in ...
Removing The Distraction Of Delay,
2015
The Catholic University of America, Columbus School of Law
Removing The Distraction Of Delay, Jill E. Family
Catholic University Law Review
Immigration adjudication is in an awkward position. There is an intricate system to adjudicate immigration removal (deportation) cases, but that system is hindered by restrictions, and the constant threat of further restrictions, that reflect distaste for providing process to foreign nationals facing removal. There is a push and pull phenomenon, with immigration adjudication stretched uncomfortably in between two forces. On the one side, there is a push to apply common notions of due process to immigration removal cases, to push that the same concepts of procedural justice should apply in immigration cases as they would in any other context. On ...
Permissibility Of Colour And Racial Profiling,
2015
Thompson Rivers University
Permissibility Of Colour And Racial Profiling, James Singh Gill
Western Journal of Legal Studies
Racial profiling in law enforcement is a contentious matter, particularly in light of U.S. police-citizen race tensions. The racial profiling debate has not been settled. Racial profiling proponents view it as a tool to effectively uncover criminal activity among certain racial groups. Critics find that racial profiling perpetuates racial stigmas and is largely inefficient as a policing tool. This article explores the ongoing debate and offers an overview of the Canadian judicial experience with racial profiling. The author proposes a middle-ground solution where racial profiling may be used under certain constraints imposed on law enforcement. The author suggests that ...
A Taxonomy Of Discretion: Refining The Legality Debate About Obama's Executive Actions On Immigration,
2015
University of Nevada, Las Vegas
A Taxonomy Of Discretion: Refining The Legality Debate About Obama's Executive Actions On Immigration, Michael Kagan
Washington University Law Review Commentaries
With immigration reform stymied in Congress, broad executive action has been President Obama’s signature contribution to American immigration policy. These measures have drawn allegations that the president is refusing to faithfully execute the law. Because backers of executive action have focused on precedents from previous administrations, their arguments imply that there is nothing substantively new about President Obama’s actions. As a result, the legal debate about the scope of the president’s authority to change immigration policy has not fully recognized what is actually innovative about the Obama policies. This essay aims to add new focus to the ...
The Scandal Of Refugee Family Reunification,
2015
Boston College Law School
The Scandal Of Refugee Family Reunification, Andrew Haile
Boston College Law Review
Headlines have highlighted the plight of unaccompanied children seeking asylum at our southern border. Some political pundits have called this a “crisis,” casting blame for the migrant influx on our outdated and confusing immigration policies. Yet further away from the border, another group of migrants—all of whom have already resettled here—confronts a more routine crises perpetrated by our bureaucracy. Refugees, who are legally resettled in the United States by the tens of thousands each year, often arrive without intact family units. Many have been forced to leave spouses or children behind in conflict zones or refugee camps. To ...
The Impact Of Third Preference Status (Professionals) On Immigrants As Created By The 1965 Amendment To The Immigration And Nationality Act - Retraction Of Expansion Of Degree Equivalency - Matter Of Portugues Do Atlantico Information Bureau, Inc.,
2015
University of Georgia School of Law
The Impact Of Third Preference Status (Professionals) On Immigrants As Created By The 1965 Amendment To The Immigration And Nationality Act - Retraction Of Expansion Of Degree Equivalency - Matter Of Portugues Do Atlantico Information Bureau, Inc., Debra A. Egger
Georgia Journal of International & Comparative Law
No abstract provided.
Foia Response From Uscis On Parole,
2015
Pennsylvania State University, Dickinson School of Law
Foia Response From Uscis On Parole, Shoba Sivaprasad Wadhia
Shoba Sivaprasad Wadhia
No abstract provided.
Immigration - Due Process - The Availability Of Constitutional Safeguards To Detained Cuban Aliens, Garcia-Mir V. Meese, 788 F.2d 1446 (11th Cir. 1986), Cert. Denied, 107 S. Ct. 289 (1986).,
2015
University of Georgia School of Law
Immigration - Due Process - The Availability Of Constitutional Safeguards To Detained Cuban Aliens, Garcia-Mir V. Meese, 788 F.2d 1446 (11th Cir. 1986), Cert. Denied, 107 S. Ct. 289 (1986)., Elizabeth G. Marlowe
Georgia Journal of International & Comparative Law
No abstract provided.
Rethinking Removability,
2015
University of Florida Levin College of Law
Rethinking Removability, Jennifer Lee Koh
Florida Law Review
Removability, in the context of immigration law, refers to the government’s legal authority to seek deportation for violations of the federal immigration statute. Removability matters now more than ever before, both for individuals facing possible deportation as well as for the many governmental institutions charged with assessing removability. Using four areas of emerging law—claims to U.S. citizenship, the categorical approach to determining the immigration consequences of crime, the application of the exclusionary rule in removal proceedings, and the exercise of administrative discretion—this Article places removability at the center of its analysis and presents a framework for ...
Junk Science? Four Arguments Against The Radiological Age Assessment Of Unaccompanied Minors Seeking Asylum,
2015
Lund University, Faculty of Law
Junk Science? Four Arguments Against The Radiological Age Assessment Of Unaccompanied Minors Seeking Asylum, Gregor Noll
Gregor Noll
Should radiological age assessment at all be considered as a means to alleviate the doubts of a decision taker in the asylum procedure? In this text, I ask, first, whether the use of radiological imaging methods in the age assessment of unaccompanied adolescents seeking asylum are in compliance with internal norms of the forensic science community and find that they are not. Second, I consider whether their use is scientifically authoritative according to the current state of the art in forensic medicine and traumatology. I find that they are not. Third, I pursue they question whether their use is sufficiently ...
Immigrant Victims, Immigrant Accusers,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Immigrant Victims, Immigrant Accusers, Michael Kagan
Scholarly Works
The U Visa program provides an immigration status to noncitizen victims of crime, which is essential to prevent unauthorized immigrants from being afraid to seek help from the police, and thus becoming easy prey for criminals. This visa falls into a category of immigration programs that grant benefits on the basis of victim status, rather than on family or employment connections to the United States. But the federal government structured the U Visa program so that in order to be protected as a victim, a person must also become an accuser. The U Visa thus implicates the rights of third ...
Believable Victims: Asylum Credibility And The Struggle For Objectivity,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Believable Victims: Asylum Credibility And The Struggle For Objectivity, Michael Kagan
Scholarly Works
Asylum adjudication is often the invisible frontline in the struggle by oppressed groups to gain recognition for their plights. Through this process, individual people must tell their stories and try to show that they are genuine victims of persecution rather than simply illegal immigrants attempting to slip through the system. In 2002, because the world had not yet acknowledged the nature of the calamity from which they were escaping, many Darfurian asylum cases would have relied on the ability of each individual to convince government offices to believe their stories. They would have had to be deemed “credible,” or they ...
Confronting Cops In Immigration Court,
2015
Boston College
Confronting Cops In Immigration Court, Mary Holper
Mary Holper
Immigration judges routinely use police reports to make life-altering decisions in noncitizens’ lives. The word of the police officer prevents a detainee from being released on bond, leads to negative discretionary decisions in relief from removal, and can prove that a past crime fits within a ground of removability. Yet the police officers who write these reports rarely step foot in immigration court; immigration judges rely on the hearsay document to make such critical decisions. This practice is especially troubling when the same police reports cannot be used against the noncitizen in a criminal case without the officer testifying, due ...
Arrests As Regulation,
2015
Georgetown University Law Center
Arrests As Regulation, Eisha Jain
Georgetown Law Faculty Publications and Other Works
For some arrested individuals, the most important consequences of their arrest arise outside the criminal justice system. Arrests alone—regardless of whether they result in conviction—can lead to a range of consequences, including deportation, eviction, license suspension, custody disruption, or adverse employment actions. But even as courts, scholars, and others have drawn needed attention to the civil consequences of criminal convictions, they have paid relatively little attention to the consequences of arrests in their own right. This article aims to fill that gap by providing an account of how arrests are systemically used outside the criminal justice system. Noncriminal ...
Social Assistance And The Right To Reside At The European Court Of Justice – Dano V Jobcenter Leipzig,
2015
Trinity College Dublin
Social Assistance And The Right To Reside At The European Court Of Justice – Dano V Jobcenter Leipzig, Mel Cousins
Mel Cousins
This case involves an important decision of the Grand Chamber of the Court of Justice of the EU (CJEU) in relation to when Member States may refuse benefits to non-nationals who do not have a right of residence under EU law. The Court held that Article 24(1) of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States and Article 4 of Regulation No 883/2004 did not preclude a national law under which nationals of other Member States are excluded ...
A Taxonomy Of Discretion: Refining The Legality Debate About Obama’S Executive Actions On Immigration,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
A Taxonomy Of Discretion: Refining The Legality Debate About Obama’S Executive Actions On Immigration, Michael Kagan
Scholarly Works
Broad executive action has been the Obama Administration’s signature contribution to American immigration policy, setting off a furious debate about whether the President has acted outside his constitutional powers. But the legal debate about the scope of the President’s authority to change immigration policy has not fully recognized what is actually innovative about the Obama policies, and thus has not focused on those areas where he has taken executive discretion into uncharted territory. This essay aims to add new focus to the debate about Pres. Obama’s executive actions by defining five different types of presidential discretion: Congressionally-authorized ...
Immigration Law’S Looming Fourth Amendment Problem,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Immigration Law’S Looming Fourth Amendment Problem, Michael Kagan
Scholarly Works
In 2014, a wave of federal court decisions found that local police violate the Fourth Amendment when they rely on requests from the Department of Homeland Security to detain people suspected of being deportable immigrants. The problem with these requests, known as “detainers,” was that they were not based on any neutral finding of probable cause. But this infirmity is not unique to DHS requests to local police. It is characteristic of the normal means by which Immigration and Customs Enforcement (ICE) arrests people and detains them at the outset of deportation proceedings. These decisions thus signal a glaring constitutional ...
Mail Order Feminism,
2014
College of William & Mary Law School
Mail Order Feminism, Marcia Zug
William & Mary Journal of Women and the Law
This Essay will argue that America’s current marriage crisis is a problem that could be solved by encouraging mail order marriages. Specifically, Part I of this Article will show how the current marriage crisis is the result of an increasing educational gap between American men and women that is leaving less educated men with few marriage prospects. It will further argue that the loss of marriage prospects is concerning both because marriage is often the social institution that supports men as their job prospects falter and because it has the potential to create an angry and dangerous underclass of ...
Extradition - Denial Of Asylum - Withholding Deportation - Different Tactics Used By The Attorney General To Deliver Provisional Irish Republican Army Members To The British: Doherty V. United States, 908 F.2d 1108 (2d Cir. 1990),
2014
University of Georgia School of Law
Extradition - Denial Of Asylum - Withholding Deportation - Different Tactics Used By The Attorney General To Deliver Provisional Irish Republican Army Members To The British: Doherty V. United States, 908 F.2d 1108 (2d Cir. 1990), William Roebuck
Georgia Journal of International & Comparative Law
No abstract provided.
Immigration Separation Of Powers And The President's Power To Preempt,
2014
University of North Carolina School of Law
Immigration Separation Of Powers And The President's Power To Preempt, Catherine Y. Kim
Notre Dame Law Review
This Article explores the unique separation of powers issues raised in the immigration context, focusing on the respective powers of Congress and the President to preempt state law. Pursuant to traditional understanding, Congress and only Congress is constitutionally vested with the authority to displace conflicting state laws. Outside of the immigration context, the Supreme Court nonetheless has invoked competing theories of executive power to justify extending preemptive effect to administrative decisions. At the same time, however, it has imposed significant doctrinal restrictions on its exercise. In its recent decision in Arizona v. United States, the Court departed from these existing ...
