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Administrative Law

Selected Works

2011

Immigration Law

Articles 1 - 4 of 4

Full-Text Articles in Law

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 …

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Beyond Decisional Independence: Uncovering Contributors To The Immigration Adjudication Crisis, Jill Family Feb 2011

Beyond Decisional Independence: Uncovering Contributors To The Immigration Adjudication Crisis, Jill Family

Jill E. Family

The conversation about immigration adjudication has shifted from one detailing shortcomings to one addressing solutions. When formulating solutions, it is important to look beyond any one contributor to the crisis and to promote a holistic view. Recent proposals for immigration adjudication reform acknowledge that fixing the system requires a multi-faceted approach. This article confirms the need for such an approach by showing how one popular cause of the crisis - a lack of decisional independence - only scratches the surface of what ails the immigration adjudication system. Along the way, the article uncovers and evaluates underappreciated crisis contributors.
While decisional …

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Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill Family Dec 2010

Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill Family

Jill E. Family

Immigration adjudication is more diverse than it may seem. Scholars tend to focus on one aspect of administrative immigration adjudication, the decision-making process established to determine whether an individual may be removed (deported) from the United States. But there is a whole other function of administrative immigration adjudication that relatively is ignored in the legal literature. Immigration adjudicators are also tasked with determining whether to grant immigration benefits, such as whether to grant lawful permanent resident (green card) status.
Both types of administrative immigration adjudication, removal and benefits, are in crisis. This article explores the challenges facing each and argues …

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A Broader View Of The U.S. Immigration Adjudication Problem, Jill Family Dec 2010

A Broader View Of The U.S. Immigration Adjudication Problem, Jill Family

Jill E. Family

Immigration adjudication is ailing. A combination of problems within the administrative system and steady efforts to narrow the role of the federal courts has resulted in a system subject to much criticism. It is not unusual to find court of appeals judges describing the administrative adjudication system as dysfunctional.

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