Law Commons^™

Doesn't Love A Wall: U.S. Deportation And Detention, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Constructing Illegality In America: Immigrant Experiences, Critiques, And Resistance, Daniel Kanstroom, Cecilia Menjívar

Daniel Kanstroom

The topic of 'illegal' immigration has been a major aspect of public discourse in the United States and many other immigrant-receiving countries. From the beginning of its modern invocation in the early twentieth century, the often ill-defined epithet of human 'illegality' has figured prominently in the media; in vigorous public debates at the national, state, and local levels; and in presidential campaigns. In this collection of essays, contributors from a variety of disciplines - anthropology, law, political science, religious studies, and sociology - examine how immigration law shapes immigrant illegality, how the concept of immigrant illegality is deployed and lived, …

Immigration Law: Current Challenges And The Elusive Search For Legal Integrity, Daniel Kanstroom

Daniel Kanstroom

This chapter offers an overview of deep questions about immigration and deportation law and practice. It includes a discussion of recent deportation policies and Supreme Court precedents.

Immigrant Workers And The Thirteenth Amendment, Maria Ontiveros

Maria L. Ontiveros

This chapter examines the treatment of immigrant workers through the lens of the Thirteenth Amendment. It examines how the intersection of labor and immigration laws impact immigrant workers in general, "guest workers" and undocumented immigrants. It argues that immigrant workers can be seen as a caste of nonwhite workers laboring beneath the floor for free labor in ways which violate the Thirteenth Amendment. Further, it suggests ways in which immigrant workers can use the Thirteenth Amendment to improve their situation and offers an analysis of how the Thirteenth Amendment can form a bridge for organizing between labor, civil rights, immigration …

Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless

Rebecca Sharpless

The ill-defined law-fact distinction often stands as the gatekeeper to judicial review of an agency deportation order, restricting non-citizens facing deportation to raising only questions of law when appearing before an appellate court. The restriction on review most affects cases whose dispositions typically turn on the resolution of factual issues, including claims under Article 3 of the Convention Against Torture and claims for discretionary relief from deportation like cancellation of removal. Convention Against Torture claims, for example, often involve extensive fact-finding on the part of the immigration judge regarding conditions in the applicant’s home country and the applicant’s personal circumstances. …

Immigration, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria Ontiveros, Joshua Drexler

Maria L. Ontiveros

This paper examines the extent to which the Thirteenth Amendment can be used to guarantee access to public education for the children of undocumented workers. It offers a reimagined version of Plyer, written using the Thirteenth Amendment, instead of the Fourteenth Amendment. After offering a brief summary of Thirteenth Amendment jurisprudence, it offers a variety of theoretical frameworks for analyzing the denial of education under the U.S. Constitution. It argues that the Thirteenth Amendment can provide a powerful tool for litigation, moral persuasion, organizing and legislation in the area.

Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless

Rebecca Sharpless

When determining the legal effect of a conviction under immigration law, adjudicators claim to apply a uniform, federal standard that prohibits fact finding regarding the underlying circumstances that gave rise to the conviction. This categorical analysis of crimes is firmly rooted in all levels of administrative and federal court case law. Yet fundamental confusion exists concerning what it means to apply a categorical approach to evaluating when a criminal conviction is of a type that triggers deportation. This article demonstrates that a source of this confusion is a misunderstanding of the nature of a conviction and the difference between a …

Deportation Nation: Outsiders In American History, Daniel Kanstroom

Daniel Kanstroom

The danger of deportation hangs over the head of virtually every noncitizen in the United States. In the complexities and inconsistencies of immigration law, one can find a reason to deport almost any noncitizen at almost any time. In recent years, the system has been used with unprecedented vigor against millions of deportees.

We are a nation of immigrants--but which ones do we want, and what do we do with those that we don’t? These questions have troubled American law and politics since colonial times.

Deportation Nation is a chilling history of communal self-idealization and self-protection. The post-Revolutionary Alien and …

Harassment Of Female Farmworkers - Can The Legal System Help?, Maria Ontiveros

Maria L. Ontiveros

This paper provides an in depth and highly textured description of "sexual harassment" as experienced by female farmworkers in California. It explains how the harassment is affected by the extremity of the consequences she faces if she does not comply with the harassment; the structural difficulties in the reporting of and response to these incidents of sexual harassment; the sexualization of migrant women; the cultural factors that influence the harassment; and the fluidity of her workplace. It then critiques both current legal doctrine and current feminist theories of sexual harassment as inadequate to address these workers' concerns. It suggests an …

Female Immigrant Workers And The Law: Limits And Opportunities, Maria Ontiveros

Maria L. Ontiveros

This paper explains the reasons that traditional United States labor and employment laws are incapable of effectively addressing the types of workplace problems confronting female immigrant workers. It critiques the protections supposedly offered by the free market, labor standards, antidiscrimination laws and collective bargaining. It argues that statutory exclusion, immigration issues, nonrecognition of injury, and cultural limitations thwart the effectiveness of traditional approaches. It then describes a variety of initiatives and approaches being taken at the domestic and international level that more effectively address these problems. These initiatives include the use of the Thirteenth Amendment and antitrafficking legislation, as well …

The Long, Complex, And Futile Deportation Saga Of Carlos Marcello, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Immigration, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Immigration Litigation In Federal Court, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Immigration Consequences Of Criminal Convictions, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Dangerous Undertones Of The New Nativism: Peter Brimelow And The Decline Of The West, Daniel Kanstroom

Daniel Kanstroom

Nativism - an intense opposition to immigrants and other non-native members of society - has been deeply imbedded in the American character from the earliest days of the nation. Dating from the Alien and Sedition controversy of 1798 to California's recent Proposition 187, nativism has long been a driving force in policy making, a particular irony in a country founded and populated by immigrants.

This anthology of original, specially commissioned essays is informed at its core by George Santayana's famous edict that "Those who cannot remember the past are condemned to repeat it." Examining the current surge in nativism in …

Federal Court Litigation And Review, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.