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Full-Text Articles in Law

Cooperative Enforcement In Immigration Law, Amanda Frost Oct 2017

Cooperative Enforcement In Immigration Law, Amanda Frost

Amanda Frost

ABSTRACT: Immigration officials take two approaches to unauthorized immigrants: Either they seek to deport them, or they exercise prosecutorial discretion, allowing certain categories of unauthorized immigrants to remain in the United States without legal status. Neither method is working. The executive lacks the resources to remove more than a small percentage of the unauthorized population each year, and prosecutorial discretion is by definition an impermanent solution that leaves unauthorized immigrants vulnerable to exploitation at both work and home - harming not just them, but also the legal immigrants and U.S. citizens with whom they live and work.

This Article: suggests …


The Legitimacy Of Crimmigration Law, Juliet P. Stumpf Aug 2013

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 …


Panel Two: Should There Be Remote Public Access To Court Filings In Immigration Cases?, The Honorable Robert Hinkle, David Mccraw, Daniel Kanstroom, Eleanor Acer Feb 2012

Panel Two: Should There Be Remote Public Access To Court Filings In Immigration Cases?, The Honorable Robert Hinkle, David Mccraw, Daniel Kanstroom, Eleanor Acer

Daniel Kanstroom

No abstract provided.


Deportation, Social Control, And Punishment: Some Thoughts About Why Hard Laws Make Bad Cases, Daniel Kanstroom Nov 2011

Deportation, Social Control, And Punishment: Some Thoughts About Why Hard Laws Make Bad Cases, Daniel Kanstroom

Daniel Kanstroom

From the Author’s Introduction: We live in a time of unusual vigor, efficiency, and strictness in the deportation of long-term permanent resident aliens convicted of crimes. This situation is the result of some fifteen years of relatively sustained attention to this issue, which culminated in two exceptionally harsh laws: the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). In many cases, these laws have brought about a rather complete convergence between the criminal justice and deportation systems. Deportation is now often a virtually automatic consequence of criminal …


Pro Bono In Action: An Immigrant's Need For Representation, Jill E. Family Dec 2009

Pro Bono In Action: An Immigrant's Need For Representation, Jill E. Family

Jill E. Family

Legal representation always matters, but the need for representation intensifies when the most basic rights are at
stake. In immigration removal (deportation) cases, the federal government adjudicates whether an individual may
live and work in the United States, or whether that person must relocate to another country. Reasons for wanting
to be in the United States vary, from a desire to remain with family to a fear for one's life in a home country. In these immigration proceedings, an executive branch employee, an immigration judge, applies the Immigration and Nationality Act, a body of statutes long recognized to rival the …


The Many Sides Of Immigration Law And Policy, Jill E. Family Dec 2005

The Many Sides Of Immigration Law And Policy, Jill E. Family

Jill E. Family

At First Glance, immigration law might appear as a narrow and secluded area of the law. While practicing and
studying immigration law does require focused expertise, immigration law, in fact, has strong connections to many other areas of law, and the field itself is diverse. The number of immigration cases in the federal courts has increased greatly over the last five years.This increase has led to court reform proposals that exemplify the nexus between immigration law and other legal issues.


America Goes Global, Daniel Kanstroom Dec 2003

America Goes Global, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Stories From Immigration Practice, Daniel Kanstroom Dec 2003

Stories From Immigration Practice, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


St. Cyr Or Insincere: The Strange Quality Of Supreme Court Victory, Daniel Kanstroom Dec 2001

St. Cyr Or Insincere: The Strange Quality Of Supreme Court Victory, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom Dec 1996

Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Wer Sind Wir Wieder? Laws Of Asylum, Immigration, And Citizenship In The Struggle For The Soul Of The New Germany, Daniel Kanstroom Dec 1992

Wer Sind Wir Wieder? Laws Of Asylum, Immigration, And Citizenship In The Struggle For The Soul Of The New Germany, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom Dec 1989

Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Judicial Review Of Amnesty Denials: Must Aliens Bet Their Lives To Get Into Court?, Daniel Kanstroom Dec 1989

Judicial Review Of Amnesty Denials: Must Aliens Bet Their Lives To Get Into Court?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.