Immigration Law Commons^™

Proving Identity, Jonathan Weinberg

Pepperdine Law Review

United States law, over the past two hundred years or so, has subjected people whose race rendered them noncitizens or of dubious citizenship to a variety of rules requiring that they carry identification documents at all times. Those laws fill a gap in the policing authority of the state, by connecting the individual’s physical body with information the government has on file about him; they also can entail humiliation and subordination. Accordingly, it is not surprising that U.S. law has almost always imposed these requirements on people outside our circle of citizenship: African Americans in the antebellum South ...

The Progressives: Racism And Public Law, Herbert J. Hovenkamp

Faculty Scholarship

American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?

When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that ...

Forever Barred: Reinstated Removal Orders And The Right To Seek Asylum, Hillary Gaston Walsh, J.D.

Catholic University Law Review

Amid the largest refugee crisis in history, noncitizens fleeing persecution are routinely barred from applying for asylum in the United States solely because they have a reinstated order of removal. This bar to asylum access is mandated by federal regulation, and it applies indiscriminately—regardless of whether the asylum seeker was persecuted after her initial removal order was entered or whether her initial removal was based on one of the numerous, well-documented errors border patrol officers make when issuing removal orders.

This Article is the first academic piece to examine this regulation's statutory basis, including its legislative history and ...

Policing The Immigrant Identity, Eda Katharine Tinto

Florida Law Review

Information concerning an immigrant’s “identity” is critical evidence used by the government in a deportation proceeding. Today, the government collects immigrant identity evidence in a variety of ways: a local police officer conducts a traffic stop and obtains a driver’s name and date of birth, fingerprints taken at booking link to previously acquired biographical information, and a search of a national database reveals a person’s country of origin. Data suggests that in an increasing number of cases, police collect immigrant identity evidence following an unlawful search and seizure in violation of the Fourth Amendment to the U ...

Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh M. Rathod

Jayesh Rathod

No abstract provided.

The Beast Of Burden In Immigration Bond Hearings, Mary P. Holper

Mary Holper

In this article, I examine the burden of proof in bond proceedings. I apply theories for why burdens of proof exist in the law to demonstrate why the government should bear the burden of proof. I also argue that in order to ensure that such detention comports with Due Process, the government must prove, by clear and convincing evidence, that a detainee is dangerous. This presumption of freedom previously existed, yet was eviscerated by the former Immigration and Naturalization Service in a 1997 regulation and the Board of Immigration Appeals in a 1999 decision. That the detainee must bear the ...

A New Player Has Entered The Game: Immigration Reform For Esports Players, Bridget A.J. Whan Tong

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Don’T Ask Me About My Business: The Mafia’S Exploitation Of The European Migration Crisis, Natalie Cappellazzo

Boston College International and Comparative Law Review

Old meets new as the Italian mafia capitalizes on the European migration crisis. Beginning with the coordination of Mediterranean voyages and ending with the indefinite exploitation of refugees at mafia-run migrant camps, the mafia has found an opportunity to profit from the crisis at every step of the way. With no end to the constant influx of refugees in sight, and verging on a humanitarian crisis within the camps’ walls, Italy faces a serious problem that requires a multifaceted solution. The Dublin regulations, which mandate registration and application for asylum in the first European Union country of entry, are in ...

Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst

Capstone Collection

International mobility efforts in the United States have garnered increased attention and funding in recent years, with such government-led initiatives as Generation Study Abroad and 100,000 Strong driving up inbound and outbound student numbers. Recent inbound mobility reports from the Institute of International Education show double-digit percentage increases in international student enrollment. Other countries also experiencing an influx of international students continue to research these trends to shape their own education strategies. Research conducted by the International Education Association of Australia points specifically to hands-on professional experience and enhanced employability as key factors important to Australia’s international student ...

Finding A Right To Remain: Immigration, Deportation, And Due Process, Simon Y. Svirnovskiy

Northwestern Journal of Law & Social Policy

No abstract provided.

Papers Please: Immigration, Enforcement, And Remittances, Jose A. Rojas-Fallas

Student Research Symposium

Immigrants are an understated agent in local economies. Whilst legal immigrants may be accounted for in the macro realm, illegal immigrants are very much an externality. Immigrant agents participate heavily in local economies, almost exclusively, due to their status and the implicit risks associated with it. Immigrants’ decision to migrate towards better economies come with the goal of achieving prosperity that more than likely would not have been possible in their location of origin. A majority of immigrants are heads of households that migrate alone seeking greater wages to support their household. They do this through remittances. These are capital ...

Trending @ Rwu Law: Dean Yelnosky's Post: The Path To Commencement: Maria Viveiros '17 05-08-2017, Michael Yelnosky

Law School Blogs

No abstract provided.

Circumstances Requiring Safeguards: Limitations On The Application Of The Categorical Approach In Hernandez-Zavala V. Lynch, Kelly Morgan

Boston College Law Review

On November 20, 2015, the U.S. Court of Appeals for the Fourth Circuit in Hernandez-Zavala v. Lynch held that adjudicators deciding whether a noncitizen has been convicted of a crime of domestic violence as defined in 8 U.S.C. § 1227(a)(2)(E)(i) must apply the circumstance-specific approach to the statute’s domestic relationship requirement. In so doing, the Fourth Circuit carved out an exception to the more protective categorical and modified categorical approaches, which limit the evidence that may be admitted to determine whether a conviction triggers immigration consequences. This Comment argues that the Fourth Circuit ...

Legal Critique Of President Carter's Proposals On Undocumented Aliens, Rev. Msgr. Anthony J. Bevilacqua

The Catholic Lawyer

No abstract provided.

The Normalization Of Immigration Law, Mac Lebuhn

Northwestern Journal of Human Rights

In “The Normalization of Foreign Relations Law,” Professors Ganesh Sitaraman and Ingrid Wuerth argue that the Supreme Court increasingly treats foreign relations law like other bodies of law—it has “normalized” this body of once-exceptional law. However, a subset of foreign relations law, immigration law, receives little attention in their account, which obscures the fact that immigration law, unlike the rest of foreign relations law, has not normalized in nearly the same fashion.

To understand the normalization of immigration law, this paper proposes a theory of rights normalization: the Court has been reluctant to normalize immigration law except where immigrants ...

Migration And Injustice In The Neoliberal Era: A Comparative Analysis Of Migratory Laws And Sweatshop Labor Conditions In Argentina And The United States, Kelly L. Johnson

Spanish Honors Papers

In the contemporary neoliberal era, the global phenomenon of migration dominates the international political discourse and generates empirical and normative questions regarding the admission, rights, and realities of migrants who leave their home countries to live elsewhere. Argentina and the United States are countries in which migration was, and continues to be, a main factor in shaping the nation’s identity. Despite the similar migratory phenomenon in both of these countries, their migratory policies vastly differ—Argentina considers migration to be a right, but the United States constantly strengthens its efforts to deter migrants from entering the country. Even though ...

Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe

Legal Scholarship

[Excerpt] “Historically, liberals have tended to hold more expansive under­standings of the scope of federal power. Conservatives, on the other hand, have tended to embrace stronger theories of federalism -- the term we use to describe the reservation of government power to state and local governments under the Constitution.”

Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson

Appellate Briefs

No abstract provided.

Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert

Boston College International and Comparative Law Review

Tensions are high in member states of the European Union as they struggle to accommodate a record number of refugees while simultaneously confronting seemingly regular terrorist attacks. In response to this crisis, the European Court of Justice’s decision in H.T. v. Land Baden-Württenberg continued a trend that began after September 11, 2001, in which countries implement policies that diminish and threaten the rights of refugees. Specifically, the European Court of Justice ruled that legislation governing the distribution of residence permits to refugees impliedly allowed for the revocation of a residence permit from a refugee accused of terrorist activities ...

Estoppel And Immigration, Geraldine O'Donnell

The Catholic Lawyer

No abstract provided.