Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Pepperdine University (3)
- Selected Works (3)
- SelectedWorks (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
-
- Case Western Reserve University School of Law (1)
- City University of New York (CUNY) (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Northwestern Pritzker School of Law (1)
- Nova Southeastern University (1)
- Purdue University (1)
- Santa Clara Law (1)
- University of Cincinnati College of Law (1)
- University of Missouri-Kansas City School of Law (1)
- Publication
-
- Journal of the National Association of Administrative Law Judiciary (3)
- Brittany Fink (2)
- Faculty Scholarship (2)
- Anil Kalhan (1)
- David Barnhizer (1)
-
- Faculty Articles and Other Publications (1)
- Faculty Publications (1)
- Faculty Works (1)
- ILSA Journal of International & Comparative Law (1)
- Irene Scharf (1)
- Juliet P Stumpf (1)
- NULR Online (1)
- Nevada Law Journal (1)
- Publications and Research (1)
- Scholarly Works (1)
- Societies Without Borders (1)
- Student Papers in Public Policy (1)
- University of Maryland Law Journal of Race, Religion, Gender and Class (1)
- Publication Type
- File Type
Articles 1 - 22 of 22
Full-Text Articles in Entire DC Network
Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan
Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan
Anil Kalhan
With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …
Living Among Guatemalan Mayans Is Fascinating Experience, Irene Scharf
Living Among Guatemalan Mayans Is Fascinating Experience, Irene Scharf
Irene Scharf
I have just lived a dream. Five years ago I learned of a school where students of all ages could study Spanish intensively while living among the Guatemalan Mayans. Peace Accords had been signed in 1996, the government was encouraging tourism, and it was, finally, safe to visit.
Why a dream? Because, 25 years ago, when I traveled through Central and South America, I promised my family I would avoid Guatemala because of the perceived was dangers. During that trip, as I met my Europeans and other who had visited, remained safe, and found it a fascinating country, I vowed …
Increase Quota, Invite Opportunities, Improve Economy: An Examination Of The Educational And Employment Crisis Of Undocumented Immigrants And Individuals From Abroad, Brittany Fink
Brittany Fink
No abstract provided.
Increase Quota, Invite Opportunities, Improve Economy: An Examination Of The Educational And Employment Crisis Of Undocumented Immigrants And Individuals From Abroad, Brittany Fink
Brittany Fink
No abstract provided.
The Legitimacy Of Crimmigration Law, Juliet P. Stumpf
The Legitimacy Of Crimmigration Law, Juliet P. Stumpf
Juliet P Stumpf
Crimmigration law—the intersection of immigration and criminal law—with its emphasis on immigration enforcement, has been hailed as the lynchpin for successful political compromise on immigration reform. Yet crimmigration law’s unprecedented approach to interior immigration and criminal law enforcement threatens to undermine public belief in the fairness of immigration law. This Article uses pioneering social science research to explore people’s perceptions of the legitimacy of crimmigration law. According to Tom Tyler and other compliance scholars, perceptions about procedural justice—whether people perceive authorities as acting fairly—are often more important than a favorable outcome such as winning the case or avoiding arrest. Legal …
It's Time For An Immigration Jury, Daniel I. Morales
It's Time For An Immigration Jury, Daniel I. Morales
NULR Online
No abstract provided.
Policy On Immigration From The Southwest And Resulting Border Control Security Implications, Amber Gottfried, Arpit Bawa, Russel Goff, Austin Grelle, Marielynn Herrera
Policy On Immigration From The Southwest And Resulting Border Control Security Implications, Amber Gottfried, Arpit Bawa, Russel Goff, Austin Grelle, Marielynn Herrera
Student Papers in Public Policy
The attacks of September 11, 2001 (9/11) forced the United States to examine its immigration policies and how they relate to the national security of the nation. In the months following these events, Congress expanded the nation’s ability to collect data and share information on suspected terrorists through the passage of several laws focused on detaining and deportation of immigrants (Rosenblum, 2011). Although the intention of the enactment of these policies was to protect the nation from further terrorist attacks, they have created unforeseen impacts on populations identified as immigrants into the United States.
Deportation And The War On Independence , Stephen H. Legomsky
Deportation And The War On Independence , Stephen H. Legomsky
Journal of the National Association of Administrative Law Judiciary
Judicial independence, despite its long history and cherished place in American jurisprudence, has periodically been attacked by those who disagree with particular outcomes. In recent years, Congress and the executive branch have mounted a sustained assault on decisional independence in the adjudication of deportation (now called “removal”) cases. Various actions taken by Attorney General Ashcroft in 2002 and 2003 and still in place today have left both immigration judges and the members of the Board of Immigration Appeals without any meaningful decisional independence. Meanwhile, in 1996 and again in 2005, Congress imposed severe limitations on judicial review of administrative orders …
Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper
Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Understanding Immigration: Satisfying Padilla's New Definition Of Competence In Legal Representation, Yolanda Vazquez
Understanding Immigration: Satisfying Padilla's New Definition Of Competence In Legal Representation, Yolanda Vazquez
Faculty Articles and Other Publications
Panel Discussion on Padilla v. Kentucky.
“I Now Pronounce You Polimigra”: Narrative Resistance To Police-Ice Interoperability, Meghan E. Conley
“I Now Pronounce You Polimigra”: Narrative Resistance To Police-Ice Interoperability, Meghan E. Conley
Societies Without Borders
Police-ICE interoperability, known colloquially by immigrant rights actors as PoliMigra, is the cooperation of state and local law enforcement with federal immigration authorities to enforce federal immigration law. Hailed by the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and state and local authorities as a “common sense” approach to immigration enforcement, such collaboration is asserted to aid authorities in identifying and apprehending potential or proven threats to the nation. In contrast, immigrant rights actors argue that the blurring of lines between local police and federal immigration agents ultimately produces vulnerability for communities, both immigrant and native-born. In …
Due Process For U.S. Permanent Residents: The Rights To Counsel, Sandra E. Bahamonde
Due Process For U.S. Permanent Residents: The Rights To Counsel, Sandra E. Bahamonde
ILSA Journal of International & Comparative Law
In 1945, the U.S. Supreme Court held that deportation is a serious penalty that may result in the loss of "all that makes life worth living."' This statement is as true today as it was nearly seventy years ago.
Assimilation Anxiety: Islamic Migration As A Perceived Threat To Western Cultures, David Barnhizer
Assimilation Anxiety: Islamic Migration As A Perceived Threat To Western Cultures, David Barnhizer
David Barnhizer
In this cynical age it is common to smirk at claims about what is sometimes called American Exceptionalism, a term standing for the conclusion that America is an historically distinct (and better) system. To some degree it does represent cultural arrogance founded on assumption rather than fact. It also ignores “exceptionally” dark chapters in American history, including slavery, seizing of lands from Native Americans and imprisoning of US citizens of Japanese descent. Nonetheless it seems that given the diversity of the population and the sheer enormity of the nation that, as stated by an Asian Indian friend who is a …
Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan
Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan
Faculty Publications
This Article identifies how the current spate of state and local regulation is changing the way elected officials, scholars, courts, and the public think about the constitutional dimensions of immigration law and governmental responsibility for immigration enforcement. Reinvigorating the theoretical possibilities left open by the Supreme Court in its 1875 Chy Lung v. Freeman decision, state and local offi- cials characterize their laws as unavoidable responses to the policy problems they face when they are squeezed between the challenges of unauthorized migration and the federal government’s failure to fix a broken system. In the October 2012 term, in Arizona v. …
Dubious Deference: Reassessing Appellate Standards Of Review In Immigration Appeals, Michael Kagan
Dubious Deference: Reassessing Appellate Standards Of Review In Immigration Appeals, Michael Kagan
Scholarly Works
The long-standing doctrine of deferential review by appellate courts of findings of fact by administrative agencies is seriously flawed for two main reasons. First, the most prominent justification for deference relies on the empirical assumption that first-instance adjudicators are best able to determine the truth because they can directly view witness demeanor. Decades of social science research has proven this assumption about the value of demeanor false. Second, in principle, the deference rule applies to all types of administrative adjudication, with no attention to the relative gravity of interests at stake in different types of cases or to the varying …
"These Illegals": Personhood, Profit, And The Political Economy Of Punishment In Federal-Local Immigration Enforcement Partnerships, Daniel L. Stageman
"These Illegals": Personhood, Profit, And The Political Economy Of Punishment In Federal-Local Immigration Enforcement Partnerships, Daniel L. Stageman
Publications and Research
Contemporary popular discourse linking immigration and immigrants to crime has proved extremely difficult to dislodge, despite clear evidence that immigrant labor provides broad and direct economic benefits to a significant proportion of the US population. The criminalizing discourse directed at immigrants may in part be functional, by leading to restrictionist immigration policies and practices and subjecting immigrants to intensified economic exploitation.
This study examines the economic context in which state and local governments adopt restrictionist immigration policies and practices, and implicates the political economy of punishment (Rusche and Kirchheimer, Punishment and social structure. New York: Columbia University Press, 1939) …
Enforcing Masculinities At The Borders, Jamie R. Abrams
Enforcing Masculinities At The Borders, Jamie R. Abrams
Nevada Law Journal
No abstract provided.
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Faculty Scholarship
This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …
Multicultural Issues In Family Law: An Annotated Bibliography, Nancy Levit
Multicultural Issues In Family Law: An Annotated Bibliography, Nancy Levit
Faculty Works
This bibliography covers law review articles published, for the most part, after 2009. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated.
Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman
Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman
University of Maryland Law Journal of Race, Religion, Gender and Class
"Promoting Language Access in the Legal Academy," details the progress made by the legal profession in meeting the needs of individuals with limited English language proficiency. The authors outlines the current need, summarizes various approaches taken by law schools, and emphasizes the value of training bilingual law students as well as mobilizing a cadre of undergraduate interpreters.
Sharing The Risks And Rewards Of Economic Migration, Anu Bradford
Sharing The Risks And Rewards Of Economic Migration, Anu Bradford
Faculty Scholarship
International cooperation on economic migration has been difficult to achieve. The interests of emigration countries ("source countries") and immigration countries ("destination countries') seem impossible to align. These countries disagree on who should migrate: source countries resist migration that leads to a brain drain, while destination countries welcome these very migrants given that they are likely to be the most productive citizens and the least likely to become fiscal burdens on the destination country. In addition, destination countries resist migration that leads to domestic unemployment through labor replacement. As a result, international economic migration remains restricted at a substantial cost to …