Seattle University School of Law
Lewis and Clark Law School
SelectedWorks
Touro College Jacob D. Fuchsberg Law Center
University of Virginia
University of Nevada, Las Vegas -- William S. Boyd School of Law
Hofstra University School of Law
(Un)Civil Denaturalization,
2019
Case Western University School of Law
(Un)Civil Denaturalization, Cassandra Burke Robertson, Irina D. Manta
Faculty Publications
Over the last fifty years, naturalized citizens in the United States were able to feel a sense of finality and security in their rights. Denaturalization, wielded frequently as a political tool in the McCarthy era, had become exceedingly rare. Indeed, denaturalization was best known as an adjunct to criminal proceedings brought against former Nazis and other war criminals who had entered the country under false pretenses.
Denaturalization is no longer so rare. Naturalized citizens’ sense of security has been fundamentally shaken by policy developments in the last five years. The number of denaturalization cases is growing, and if current trends ...
California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019).,
2018
SCU Law Class of 2019
California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma
Immigration Law & Policy Practicum Projects
United States Immigration and Customs Enforcement (“ICE”) significantly relies on state and local personnel and resources to carry out enforcement of immigration law. California Senate Bill 54 (“SB 54”), the “California Values Act,” is California’s attempt to disentangle local law enforcement from federal civil immigration enforcement.
This Article offers an in-depth evaluation of SB 54’s mechanics; identifies vulnerabilities that exist despite SB 54 and potential means for law enforcement agencies (“LEAs”) to combat these issues; and comments on how local individual LEAs and the California Department of Corrections and Rehabilitation have chosen to exercise the discretion to comply ...
“They’Re Bringing Crime:” White Fear And Closing Borders,
2018
Chapman University
“They’Re Bringing Crime:” White Fear And Closing Borders, Hanna Rosenheimer
Student Scholar Symposium Abstracts and Posters
Leading up to the 2016 election, popular rhetoric surrounding immigrants to the United States took a marked turn. This change can be partially explained using Piotr Cap’s proximization theory, a threat-based discursive model that relies on locating threatening events in proximity to the audience in order to justify preventative or protective measures. Quantitative public opinion data from the Chapman University Survey of American Fears suggests that a disbelief in immigrants’ ability to assimilate is strongly correlated with a fear of immigrants committing crimes. White Americans who hold these beliefs typically tend to favor or strongly favor preemptive punitive action ...
Redefining “Particularly Serious Crimes” In Refugee Law,
2018
University of Florida Levin College of Law
Redefining “Particularly Serious Crimes” In Refugee Law, Mary Holper
Florida Law Review
Refugees are not protected from deportation if they have been convicted of a “particularly serious crime” (PSC) which renders them a danger to the community. This raises questions about the meaning of “particularly serious” and “danger to the community.” The Board of Immigration Appeals, Attorney General, and Congress have interpreted PSC quite broadly, leaving many refugees vulnerable to deportation without any consideration of the risk of persecution in their cases. This trend is disturbing as a matter of refugee law, but it is even more disturbing because it demonstrates how certain criminal law trends have played out in immigration law ...
Sanctuaries As Equitable Delegation In An Era Of Mass Immigration Enforcement,
2018
Northwestern Pritzker School of Law
Sanctuaries As Equitable Delegation In An Era Of Mass Immigration Enforcement, Jason A. Cade
Northwestern University Law Review
Opponents of—and sometimes advocates for—sanctuary policies describe them as obstructions to the operation of federal immigration law. This premise is flawed. On the better view, the sanctuary movement comports with, rather than fights against, dominant new themes in federal immigration law. A key theme—emerging both in judicial doctrine and on-the-ground practice—focuses on maintaining legitimacy by fostering adherence to equitable norms in enforcement decision-making processes. Against this backdrop, the sanctuary efforts of cities, churches, and campuses are best seen as measures necessary to inject normative (and sometimes legal) accuracy into real-world immigration enforcement decision-making. Sanctuaries can erect ...
Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis,
2018
New York Law School
Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson
Washington and Lee Law Review
No abstract provided.
Immigrant Defense Funds For Utopians,
2018
University of Denver Sturm College of Law
Immigrant Defense Funds For Utopians, César Cuauhtémoc García Hernández
Washington and Lee Law Review
No abstract provided.
Judicial Review Of Disproportionate (Or Retaliatory) Deportation,
2018
University of Georgia School of Law
Judicial Review Of Disproportionate (Or Retaliatory) Deportation, Jason A. Cade
Washington and Lee Law Review
No abstract provided.
287(G) Agreements In The Trump Era,
2018
Texas A&M University School of Law
287(G) Agreements In The Trump Era, Huyen Pham
Washington and Lee Law Review
No abstract provided.
Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump,
2018
Boston College Law School
Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump, Daniel Kanstroom
Washington and Lee Law Review
No abstract provided.
Sanctuary Networks And Integrative Enforcement,
2018
Washington and Lee University School of Law
Sanctuary Networks And Integrative Enforcement, Ming Hsu Chen
Washington and Lee Law Review
My intended focus is on the widespread response—in cities, churches, campuses, and corporations that together comprise “sanctuary networks”1—to the Trump Administration’s Executive Order 13768 Enhancing Public Safety in the Interior of the United States2 as an instance of the changing relationship between federal, local, and private organizations in the regulation of immigration. After briefly covering the legal background of the Trump Interior E.O., the focus of the Article shifts to the institutional dynamics arising in communities. These institutional dynamics exemplify the beginnings of a reimagined immigration enforcement policy with a more integrative flavor.
Deconstructing “Sanctuary Cities”: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement,
2018
Roger Williams University School of Law
Deconstructing “Sanctuary Cities”: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies
Washington and Lee Law Review
No abstract provided.
National Security, Immigration And The Muslim Bans,
2018
Penn State Law, University Park
National Security, Immigration And The Muslim Bans, Shoba Sivaprasad Wadhia
Washington and Lee Law Review
No abstract provided.
Study Group On Immigrant Representation: The First Decade,
2018
Chief Judge, U.S. Court of Appeals for the Second Circuit
Study Group On Immigrant Representation: The First Decade, Robert A. Katzmann
Fordham Law Review
All of us here have a common goal: ensuring adequate legal representation of the immigrant poor. A courtroom has multiple players with different roles, but all would agree that adequate legal representation of the parties is essential to the fair and effective administration of justice. Deficient representation frustrates the work of courts and ill serves litigants. All too often, and throughout the country, courts that address immigration matters must contend with such a breakdown in legal representation, a crisis of massive proportions with severe, tragic costs to immigrants and their families. For our nation’s immigrants, the urgent need for ...
Universal Representation,
2018
Benjamin N. Cardozo School of Law
Universal Representation, Lindsay Nash
Fordham Law Review
In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for noncitizens in removal proceedings. This effort, initially born out of a pilot project in New York City, has generated a host of replication projects throughout the nation and holds the promise of even broader expansion. But as it grows, this effort must confront challenges from within: the sort-of supporters who want to limit this representation system’s coverage in a number of ...
A National Study Of Immigration Detention In The United States,
2018
University of Southern California Law
A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock
Emily Ryo
Finally Freed Or Infinitely Detained? The Need For A Clear Standard Of Finality For Reinstated Orders Of Removal,
2018
Boston College Law School
Finally Freed Or Infinitely Detained? The Need For A Clear Standard Of Finality For Reinstated Orders Of Removal, John Gavin
Boston College Law Review
Circuits are currently split as to whether reinstated orders of removal are final orders of removal. The resolution of this circuit split and related legislative ambiguity has far-reaching implications for the rights of the 150,000 or more unauthorized immigrants who enter the United States each year. Reinstated orders of removal are a means by which the United States government can more rapidly deport individuals who reenter the country after having been previously deported. On July 29, 2016, in Guerra v. Shanahan, the United States Court of Appeals for the Second Circuit declared that reinstated orders of removal are not ...
At Oral Argument, Supreme Court Weighs Immigrant Detention,
2018
Roger Williams University School of Law
At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada,
2018
Western University
Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei
Master of Laws Research Papers Repository
Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that ...
A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union,
2018
University of California, Berkeley
A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou
Claremont-UC Undergraduate Research Conference on the European Union
In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for irregular ...
