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

Immigration Law Commons

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

3024 Full-Text Articles 1970 Authors 962160 Downloads 156 Institutions

All Articles in Immigration Law

Faceted Search

3024 full-text articles. Page 5 of 94.

Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson 2017 William & Mary Law School

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 2017 Boston College Law School

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 2017 St. John's University School of Law

Estoppel And Immigration, Geraldine O'Donnell

The Catholic Lawyer

No abstract provided.


Due Process And The Deportable Alien: Limitation On State Department Participation In Withholding Of Deportation Inquiry, James Quinlan 2017 St. John's University School of Law

Due Process And The Deportable Alien: Limitation On State Department Participation In Withholding Of Deportation Inquiry, James Quinlan

The Catholic Lawyer

No abstract provided.


The Law Court's Unfinished Analysis In State V. Ali: Applying Padilla In Maine To Remove Procedural Barriers To Non-Citizens' Ineffective Assistance Of Counsel Claims, Hannah M. McMullen 2017 University of Maine School of Law

The Law Court's Unfinished Analysis In State V. Ali: Applying Padilla In Maine To Remove Procedural Barriers To Non-Citizens' Ineffective Assistance Of Counsel Claims, Hannah M. Mcmullen

Maine Law Review

The outcome in State v. Ali exemplifies the procedural barriers that prevent a non-citizen of the United States from raising an ineffective assistance of counsel claim while subject to deportation as a result of a criminal conviction pursuant to the Immigration and Nationality Act. Fahad Ali, a non-citizen of the United States residing in Maine, pleaded guilty to and was convicted of aggravated trafficking of marijuana and was subsequently subject to deportation as a result of that conviction. Ali filed a motion for a new trial claiming that he did not receive effective assistance of counsel under the Sixth Amendment ...


Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon 2017 Barry University School of Law

Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon

Barry Law Review

No abstract provided.


The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis 2017 Seton Hall University

The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis

Seton Hall Circuit Review

No abstract provided.


Newsroom: Trump: Full Employment For Lawyers 04-04-2017, David Logan 2017 Roger Williams University School of Law

Newsroom: Trump: Full Employment For Lawyers 04-04-2017, David Logan

Life of the Law School (1993- )

No abstract provided.


Newsroom: Nyt's Kristof To Address Rwu On Refugees 04-04-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Nyt's Kristof To Address Rwu On Refugees 04-04-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Is The Chinese Exclusion Case Still Good Law? (The President Is Trying To Find Out), Michael Kagan 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Is The Chinese Exclusion Case Still Good Law? (The President Is Trying To Find Out), Michael Kagan

Nevada Law Journal Forum

In this Essay, I want to make the argument that the validity of the Chinese Exclusion Case is the central question in the challenges to President Trump’s travel bans. The facts are closely analogous. Moreover, the Chinese Exclusion Case is the seminal, canonical decision establishing vast federal power over immigration control. Resolving the present challenges to the Trump Executive Orders requires us to determine, once and for all, if that 1889 decision was rightly decided. But if that case cannot survive given what we know of constitutional law in the twenty first century, we must be precise about what ...


Shaping Immigration Law Through A Business Law Model, Mitchell Reber 2017 Brigham Young University

Shaping Immigration Law Through A Business Law Model, Mitchell Reber

Brigham Young University Prelaw Review

This article argues that state-produced immigration law can be a more effective method of regulating immigration when compared with current federal regulation. Currently, regulation as controlled by the federal government supersedes any laws created at the state level and subjects those laws produced by states to extensive review by the courts. The article proposes that immigration law should follow a business-law model when regulating immigration on a state level and discusses how the Immigration Reform and Control Act of 1986 needs to be reinterpreted. The article then describes three ways this change in immigration law could be implemented and confers ...


The “Right To Remain Here” As An Evolving Component Of Global Refugee Protection: Current Initiatives And Critical Questions, Daniel Kanstroom 2017 Boston College Law School

The “Right To Remain Here” As An Evolving Component Of Global Refugee Protection: Current Initiatives And Critical Questions, Daniel Kanstroom

Boston College Law School Faculty Papers

No abstract provided.


Immigration Exceptionalism, David S. Rubenstein, Pratheepan Gulasekaram 2017 Washburn University School of Law

Immigration Exceptionalism, David S. Rubenstein, Pratheepan Gulasekaram

Northwestern University Law Review

The Supreme Court’s jurisprudence is littered with special immigration doctrines that depart from mainstream constitutional norms. This Article reconciles these doctrines of “immigration exceptionalism” across constitutional dimensions. Historically, courts and commentators have considered whether immigration warrants exceptional treatment as pertains to rights, federalism, or separation of powers—as if developments in each doctrinal setting can be siloed. This Article rejects that approach, beginning with its underlying premise. Using contemporary examples, we demonstrate how the Court’s immigration doctrines dynamically interact with each other, and with politics, in ways that affect the whole system. This intervention provides a far more ...


“Illegal” Migration Is Speech, Daniel I. Morales 2017 DePaul University College of Law

“Illegal” Migration Is Speech, Daniel I. Morales

Indiana Law Journal

Noncitizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cutting-edge political theorists. One prominent theorist argues, for example, that basic democratic principles require that noncitizens living outside the United States have a say in the formation of immigration law since they must obey it. This Article provides a legal response to these political theory developments, assimilating them, along with the facts on the ground, into an account of “illegal” migration as First Amendment speech.

If noncitizens ...


Paese Di Accoglienza: Il Successo Di Un Modello Innovativo Di Accoglienza Dei Richiedenti Asilo In Italia, Isabela Arena Secanechia 2017 Arcadia University

Paese Di Accoglienza: Il Successo Di Un Modello Innovativo Di Accoglienza Dei Richiedenti Asilo In Italia, Isabela Arena Secanechia

Senior Capstone Theses

This work discusses Italy's migrant reception system including its flaws and their effects. Furthermore, this work explores an alternative, sustainable model of migrant reception created in Riace, Calabria, that has been successful in varying towns across Italy. Ultimately, this work argues that this system, which is beneficial to both Italians and incoming migrants — specifically asylum seekers — can and should be implemented nationally to counter the current flawed system.


Mass Media And The Immigration Ban, Collin Morris, Leo Rosado, Hannah Tomes, Nolan Winbun 2017 Murray State University

Mass Media And The Immigration Ban, Collin Morris, Leo Rosado, Hannah Tomes, Nolan Winbun

Scholars Week

Our Topic is the Immigration Ban Vs Mass Media, which will focus on the opinions of the ban and how media content can change the public's opinion. The problem we are addressing is the tendency of the general public to form opinions without research or knowledge of the topic they are considering. Data collection through surveying students is the best way to examine our study because we get a diverse collection of opinions on our topic. Our groups is examining four classrooms with surveys, two in which we show video content and two without. Results will be shared at ...


Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies 2017 Roger Williams University School of Law

Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Upholding The Revised Refugee Executive Order: A Virginia District Court Clari􀂽Es The Establishment Clause Issues, Peter Margulies 2017 Roger Williams University School of Law

Upholding The Revised Refugee Executive Order: A Virginia District Court Clari􀂽Es The Establishment Clause Issues, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Presidential Immigration Policies Endangering Health And Well-Being?, Lawrence O. Gostin, Katharina Ó Cathaoir 2017 Georgetown University Law Center

Presidential Immigration Policies Endangering Health And Well-Being?, Lawrence O. Gostin, Katharina Ó Cathaoir

Georgetown Law Faculty Publications and Other Works

Since assuming office, President Trump has issued a series of executive orders transforming United States immigration policy. From building a border wall to banning entry to the US based on nationality, these executive orders are likely to profoundly impact health and wellbeing. Are these actions legal, ethical, and what are the likely effects on US health care?

The implications of the proposed expansion of the border wall between Mexico and the US, new rules on deportation and detention, and the proposed ban on immigration from certain Muslim-majority countries are discussed. These actions run contrary to available evidence on protecting the ...


Freedom From Detention: The Constitutionality Of Mandatory Detention For Criminal Aliens Seeking To Challenge Grounds For Removal, Darlene C. Goring 2017 Louisiana State University

Freedom From Detention: The Constitutionality Of Mandatory Detention For Criminal Aliens Seeking To Challenge Grounds For Removal, Darlene C. Goring

Arkansas Law Review

No abstract provided.


Digital Commons powered by bepress