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Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández 2015 Touro College Jacob D. Fuchsberg Law Center

Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández

Journal of Race, Gender, and Ethnicity

No abstract provided.


Confronting Cops In Immigration Court, Mary Holper 2015 College of William & Mary Law School

Confronting Cops In Immigration Court, Mary Holper

William & Mary Bill of Rights Journal

Part I of the Article outlines the police report problem by discussing the four situations in which police reports are used in immigration court, why police reports are unreliable, and the scope of the problem. Part II discusses criminal law’s treatment of police reports, focusing on the Confrontation Clause of the Sixth Amendment, which provides the constitutional justification for excluding police reports in criminal cases. Part III discusses the use of hearsay evidence in immigration cases, where hearsay is allowed due to the characterization of removal proceedings as civil, not criminal. While there has been a trend to reject ...


Snap: How The Moral Elasticity Of The Denaturalization Statute Goes Too Far, Aram A. Gavoor, Daniel Miktus 2015 College of William & Mary Law School

Snap: How The Moral Elasticity Of The Denaturalization Statute Goes Too Far, Aram A. Gavoor, Daniel Miktus

William & Mary Bill of Rights Journal

Comprehensive immigration reform is a popular topic in Congress. While many reform bills have been offered, none have addressed the significant substantive and procedural issues surrounding denaturalization, the process where the federal government may seek to have a naturalized person’s citizenship revoked in federal court if his citizenship was unlawfully or fraudulently procured.Though denaturalization serves public policy as a final check on naturalization fraud, existing law also permits the government to denaturalize an individual solely for speech and expressive association that occurs after one acquires citizenship. This provision, 8 U.S.C. § 1451(c), violates naturalized citizens’ First ...


Refugee Status For Soviet Jewish Immigrants To The United States, Victor Rosenberg 2015 Touro College Jacob D. Fuchsberg Law Center

Refugee Status For Soviet Jewish Immigrants To The United States, Victor Rosenberg

Touro Law Review

No abstract provided.


Newsroom: A New Voice For Access To Justice, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: A New Voice For Access To Justice, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Abandoning The Status Quo: Towards Uniform Application Of Special Immigrant Juvenile Status, Gregory Catangay 2015 University of San Diego School of Law

Abandoning The Status Quo: Towards Uniform Application Of Special Immigrant Juvenile Status, Gregory Catangay

Gregory Catangay

The accompanying Article identifies and analyzes the causes of unequal application of the Special Immigrant Juvenile Status (SIJS) program and argues for a federal takeover of the program. The Article highlights the current immigration crisis and the plight of unaccompanied minors seeking a better life in the United States. These minors may be eligible for permanent legal status in the United States through the SIJS program. Although SIJS is a federal remedy, variations in state law and interpretation of SIJS requirements exclude eligible minors.

In order to be eligible for the SIJS program, a state trial court must find that ...


Getting To Group Under U.S. Asylum Law, Jillian Blake 2015 Notre Dame Law School

Getting To Group Under U.S. Asylum Law, Jillian Blake

Notre Dame Law Review Online

In February 2014, the Board of Immigration Appeals (BIA or the Board) issued two new precedential decisions, Matter of M-E-V-G- and Matter of W-G-R-, clarifying the legal requirements for PSG asylum. This Essay argues that the BIA’s decisions further confuse this already complex area of law and the standards established in the decisions exclude particular social groups already recognized under U.S. law. The complications and contradictions in these and other BIA decisions carry the risk of excluding valid claims to PSG protection and rely upon criteria that cannot be applied consistently. Because the new BIA PSG standards are ...


Nexus Redux, Anjum Gupta 2015 Rutgers University - Newark

Nexus Redux, Anjum Gupta

Indiana Law Journal

Pursuant to its obligations under international law, the U.S. government has agreed to provide protection to individuals who fear persecution in their home countries for reasons of race, religion, nationality, membership in a particular social group, or political opinion. This protection in the United States takes the form of asylum, and the asylum statute states that the United States will protect individuals from persecution that occurred or will occur “on account of” one of those grounds. The Supreme Court has stated that in order to meet the “on account of” or “nexus” requirement, an asylum applicant must provide some ...


A Unified Theory Of Immigrant And Racial Justice, Rebecca Sharpless 2015 University of Miami School of Law

A Unified Theory Of Immigrant And Racial Justice, Rebecca Sharpless

Rebecca Sharpless

Scholars and law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework that relies on a contrast with people—citizens and noncitizens—who have been convicted of a criminal offense and proposes an alternate approach that better aligns with the racial critique of our criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided in the United States for much ...


Immigration As Business Strategy: Simplifying American Immigration Law In A Global Economy, Peter Choi 2015 University of Massachusetts School of Law

Immigration As Business Strategy: Simplifying American Immigration Law In A Global Economy, Peter Choi

University of Massachusetts Law Review

Despite immigration law’s notorious complexity, public debate on immigration reform has historically ignored basic questions of why and how the current laws should be simplified. Instead, discussion has often focused on substantive proposals—most commonly regarding legalization and border enforcement—without reference to the impact of these proposals on the legal immigration structure. This article emphasizes that any durable immigration reform must take steps to free the immigration system from the intricacies that define it today. The article begins by overviewing the basic features of the modern global economy, their implications for immigration law, and why these implications compel ...


Immigration Reform - Provisions In The Proposed Immigration Reform And Control Act Of 1985 Permitting The Use Of Temporary Foreign Workers In The United States - Importing Labor From Mexico, Andrew W. Baker 2015 University of Georgia School of Law

Immigration Reform - Provisions In The Proposed Immigration Reform And Control Act Of 1985 Permitting The Use Of Temporary Foreign Workers In The United States - Importing Labor From Mexico, Andrew W. Baker

Georgia Journal of International & Comparative Law

No abstract provided.


What's At Stake?: Bluman V. Federal Election Commission And The Incompatibility Of The Stake-Based Immigration Plenary Power And Freedom Of Speech, Alyssa Markenson 2015 Northwestern University School of Law

What's At Stake?: Bluman V. Federal Election Commission And The Incompatibility Of The Stake-Based Immigration Plenary Power And Freedom Of Speech, Alyssa Markenson

Northwestern University Law Review

Section 441e of the U.S. Code prohibits “foreign nationals”—all noncitizens except lawful permanent residents—from making any contribution or expenditure in any federal, state, or local election. In Bluman v. Federal Election Commission, the Supreme Court summarily affirmed a three-judge district court’s decision to uphold the law based on the government’s compelling interest in preventing foreign influence over U.S. elections. Notably, Bluman’s holding was animated by its reasoning that the extent of First Amendment protection should be directly tied to the aliens’ stake in American society—a reflection of the Supreme Court’s jurisprudence ...


Less Enforcement, More Compliance, Emily Ryo 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 ...


Involuntary Return And The “Found In” Clause Of 8 U.S.C. § 1326(A): An Immigration Conundrum, Matthew J. Geyer 2015 Fordham University School of Law

Involuntary Return And The “Found In” Clause Of 8 U.S.C. § 1326(A): An Immigration Conundrum, Matthew J. Geyer

Fordham Law Review

Illegal reentry into the United States by previously removed aliens is a major problem that has risen steadily in recent years. 8 U.S.C. § 1326(a) punishes such aliens. Specifically, § 1326(a) provides for criminal fines or imprisonment (or both) of any previously removed alien who enters, attempts to enter, or is “found in” the United States at any time after his or her initial removal.

What does it mean to be “found in” the United States in violation of § 1326(a)? The easy case is when a previously removed alien surreptitiously reenters the United States illegally, remains in ...


Removing The Distraction Of Delay, Jill E. Family 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, James Singh Gill 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, Michael Kagan 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, Andrew Haile 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., Debra A. Egger 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, Shoba Sivaprasad Wadhia 2015 Pennsylvania State University, Dickinson School of Law

Foia Response From Uscis On Parole, Shoba Sivaprasad Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.


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