Open Access. Powered by Scholars. Published by Universities.®

Immigration Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1,442 Full-Text Articles 1,115 Authors 445,677 Downloads 98 Institutions

All Articles in Immigration Law

Faceted Search

1,442 full-text articles. Page 1 of 35.

Less Enforcement, More Compliance, Emily Ryo 2015 USC Gould School of Law

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 ...


Immigrant Victims, Immigrant Accusers, Michael Kagan 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, Michael Kagan 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, Mary Holper 2015 Boston College Law School

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 ...


A Taxonomy Of Discretion: Refining The Legality Debate About Obama’S Executive Actions On Immigration, Michael Kagan 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 ...


Arrests As Regulation, Eisha Jain 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 ...


Law On Human Trafficking: Modelling Noah's New Ark!, ANUPAM JHA 2014 SelectedWorks

Law On Human Trafficking: Modelling Noah's New Ark!, Anupam Jha

ANUPAM JHA

Abstract

International efforts to codify law on human trafficking have been evolving since the early twentieth century when attempts were made to control ‘white slave’ traffic. From ‘white slave’ regulation, the law has moved on to encompass many forms of ‘human’ trafficking. This article re-examines this journey of law and divides the existing legal regimes into three categories: quasi -curative, curative, quasi curative-cum-preventive. Examining these existing models, the study proposes the modelling of a better legal model (a new Noah’s Ark), which may be termed as “curative-cum-preventive”. If instances of the data provided by the 2010, 2011, 2012 and ...


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 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.


Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player 2014 University of Georgia School of Law

Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player

Georgia Journal of International & Comparative Law

No abstract provided.


The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck 2014 University of Georgia School of Law

The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck

Georgia Journal of International & Comparative Law

No abstract provided.


Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993)., Austin E. Carter 2014 University of Georgia School of Law

Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993)., Austin E. Carter

Georgia Journal of International & Comparative Law

No abstract provided.


Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek

Touro Law Review

No abstract provided.


Soviet Immigration To The West Bank: Is It Legal?, John Quigley 2014 University of Georgia School of Law

Soviet Immigration To The West Bank: Is It Legal?, John Quigley

Georgia Journal of International & Comparative Law

No abstract provided.


Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn 2014 University of Georgia School of Law

Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Immigration - Asylum - Deportation - Standards To Be Met By Illegal Aliens Applying For Withholding Of Deportation And Political Asylum, Mendoza Perez V. Ins, 902 F.2d 760 (9th Cir. 1990), Theodosia Gavatides 2014 University of Georgia School of Law

Immigration - Asylum - Deportation - Standards To Be Met By Illegal Aliens Applying For Withholding Of Deportation And Political Asylum, Mendoza Perez V. Ins, 902 F.2d 760 (9th Cir. 1990), Theodosia Gavatides

Georgia Journal of International & Comparative Law

No abstract provided.


The Buck Stops Here: Fundamental Rights Infringements Can No Longer Be Ignored When Transferring Asylum Seekers Under Dublin Ii, Xing-Yin Ni 2014 Boston College Law School

The Buck Stops Here: Fundamental Rights Infringements Can No Longer Be Ignored When Transferring Asylum Seekers Under Dublin Ii, Xing-Yin Ni

Boston College International and Comparative Law Review

Many asylum seekers entering the European Union (EU) cross more than one Member State border before lodging their asylum claims. In response, the EU adopted Dublin II to designate the point of first entry, rather than the point of application, as the State responsible for examining the claim. Unfortunately, this allocation of examination responsibilities overburdens States on the frontline of entry, such as Greece, and has exacerbated the systemic deficiencies in these states’ asylum systems. The Court of Justice of the European Union’s decision in the Joined Cases C-411/10 & C-493/10 helped clarify that a receiving state cannot ...


And Stay Out! The Dangers Of Using Anti-Immigrant Sentiment As A Basis For Social Policy: America Should Take Heed Of Disturbing Lessons From Great Britain's Past, Kevin C. Wilson 2014 University of Georgia School of Law

And Stay Out! The Dangers Of Using Anti-Immigrant Sentiment As A Basis For Social Policy: America Should Take Heed Of Disturbing Lessons From Great Britain's Past, Kevin C. Wilson

Georgia Journal of International & Comparative Law

No abstract provided.


The Changing Tide Of Immigration Law: Equality For All?, Laurie M. Cochran 2014 University of Georgia School of Law

The Changing Tide Of Immigration Law: Equality For All?, Laurie M. Cochran

Georgia Journal of International & Comparative Law

No abstract provided.


Does The European Convention On Human Rights Protect Refugees From "Safe" Countries?, Kathleen M. Whitney 2014 University of Georgia School of Law

Does The European Convention On Human Rights Protect Refugees From "Safe" Countries?, Kathleen M. Whitney

Georgia Journal of International & Comparative Law

No abstract provided.


Lobue V. Christopher: Age-Old Separation Of Powers Debate Rages On As Court Rules Extradition Statute Unconstitutional, Joseph G. Silver 2014 University of Georgia School of Law

Lobue V. Christopher: Age-Old Separation Of Powers Debate Rages On As Court Rules Extradition Statute Unconstitutional, Joseph G. Silver

Georgia Journal of International & Comparative Law

No abstract provided.


Digital Commons powered by bepress