University of Connecticut
American University Washington College of Law
University of Michigan Law School
Penn State Law
Boston College Law School
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 ...
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 ...
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 ...
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 ...
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 ...
Closing The Doors To Justice: A Critique Of Pimentel V. Dreyfus And The Application Of Legal Formalism To The Elimination Of Food Assistance Benefits For Legal Immigrants,
2014
Seattle University School of Law
Closing The Doors To Justice: A Critique Of Pimentel V. Dreyfus And The Application Of Legal Formalism To The Elimination Of Food Assistance Benefits For Legal Immigrants, Hannah Zommick
Seattle University Law Review
This Comment contends that the Ninth Circuit’s opinion in Pimentel v. Dreyfus employed a legal formalist approach and that by applying this framework, the court prevented legal immigrants, who were caught between the strict eligibility restrictions of welfare reform, from asserting their rights through the justice system. The legal formalist approach “treats the law as a set of scientific formulae or principles that are derived from the study of case law. These principles create an internal analytical framework which, when applied to a set of facts, leads the decision maker, through logical deduction, to the correct outcome in a ...
Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States,
2014
Florida State University College 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,
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).,
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,
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?,
2014
Ohio State University
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?,
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.
