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Articles 1 - 30 of 219
Full-Text Articles in Law
Mass Surrender In Immigration Court, Michael Kagan
Mass Surrender In Immigration Court, Michael Kagan
UC Irvine Law Review
In theory, the Department of Homeland Security bears the burden of proof when it seeks to deport a person from the United States. But the government rarely has to meet it. This Article presents original data from live observation in Immigration Court, documenting that almost all respondents in deportation proceedings admit and concede the charges against them, even when they have attorneys, without getting anything in return from the government. Focusing especially on the role of immigrant defense lawyers, the Article explores why this is happening. It critiques the legal standards of proof used in Immigration Court, while also exploring …
An Immigration Law For Abolitionists (And Reactionaries), Daniel I. Morales
An Immigration Law For Abolitionists (And Reactionaries), Daniel I. Morales
UC Irvine Law Review
Immigration law gets most things wrong and satisfies no one—not immigrants, not moderates, not restrictionists, and not abolitionists (the #AbolishICE crowd). It is bad law premised on skewed epistemic inputs—the fantasies of U.S. citizens—and enforced by a national agency with bloated resources tasked with solving a problem (illegal immigration) that causes no material harm. Migration law’s biggest failing is that it admits far fewer immigrants than our country has the capacity to take in, as the decades-long, peaceful, and productive presence of twelve million undocumented immigrants definitively proves. The bankruptcy of immigration law has been obvious for a few decades …
Embracing Crimmigration To Curtail Immigrant Detention, Pedro Gerson
Embracing Crimmigration To Curtail Immigrant Detention, Pedro Gerson
UC Irvine Law Review
Immigration advocates have long objected to both the constitutionality and conditions of immigration detention. However, legal challenges to the practice have been largely unsuccessful due to immigration law’s “exceptionality.” Placing recent litigation carried out against immigration detention during the COVID-19 pandemic within the context of the judiciary’s approach to immigration, this Article argues that litigation is an extremely limited strategic avenue to curtail the use of immigration detention. I then argue that anti-immigration detention advocates should attempt to incorporate their agenda into criminal legal reform and decarceration efforts. This is important for both movements. Normatively, immigration detention raises comparable issues: …
Trafficking And The Shallow State, Julie Dahlstrom
Trafficking And The Shallow State, Julie Dahlstrom
UC Irvine Law Review
More than two decades ago, the Trafficking Victims Protection Act (TVPA) established new, robust protections for immigrant victims of trafficking. In particular, Congress created the T visa, a special form of immigration status, to protect immigrant victims from deportation. Despite lofty ambitions, the annual cap of 5,000 T visas has never been reached, with fewer than 1,200 approved each year. In recent years, denial rates also have climbed. For example, in fiscal year 2020, U.S. Citizenship and Immigration Services denied 42.79% of the T visa applications that the agency adjudicated, compared with just 28.12% in fiscal year 2015. These developments …
Beyond Borders: How Principles Of Prison Abolition Can Shape The Future Of Immigration Reform, Anna Hales
Beyond Borders: How Principles Of Prison Abolition Can Shape The Future Of Immigration Reform, Anna Hales
UC Irvine Law Review
This Note presents prison abolition theory and discusses how principles of abolition can be applied in the context of immigration enforcement and reform. In doing so, this Note argues for an “open borders” approach to immigration, presents several viewpoints on what such a regime may look like, and discusses how this vision can shape immigration reform efforts. In applying abolition theory to the immigration legal system, this Note uses a framework of three tenets of prison abolition. First, the assumptions upon which our current system of immigration enforcement is based, such as public safety and economic justifications, are open to …
Politicizing International Human Rights: The United States’ Border Apartheid Policies And The Universality Of Human Rights, Ally Myers
UC Irvine Journal of International, Transnational, and Comparative Law
This Note uses the example of the United States’ immigration policies to analyze the following questions: (1) what type of rights international human rights are; (2) where these rights come from; (3) how their content should be determined; and (4) what conditions need to exist in order for them to be enforced. The Note argues that answering these questions is an essential prerequisite to enforcing human rights in a way that is truly universal. Part I of the Note grounds these questions in human experience through the case of a refugee seeking asylum at the U.S. border in San Ysidro …
The Migrant Protection Protocols: A Death Knell For Asylum, Emily J. Johanson
The Migrant Protection Protocols: A Death Knell For Asylum, Emily J. Johanson
UC Irvine Law Review
The federal government has slowly chipped away at U.S. asylum protections over the past several decades. Moves to expand the detention and criminalization of asylum seekers in an effort to deter asylum seekers’ entry into the United States have been denounced as violations of U.S. obligations under domestic and international law.1 Yet, in 2018, the Trump administration announced the Migrant Protection Protocols (MPP), an unprecedented policy that sends asylum seekers back to Mexico to await their U.S. immigration court hearings. The MPP presents unique challenges to the due process and nonrefoulement tenets of our asylum system and has raised urgent …
Ice-D Out Of Court: Courthouse Arrests And The Sixth Amendment Right To A Jury Trial For Noncitizen Defendants, Sumouni Basu
Ice-D Out Of Court: Courthouse Arrests And The Sixth Amendment Right To A Jury Trial For Noncitizen Defendants, Sumouni Basu
UC Irvine Law Review
Immigration enforcement has been especially brazen under the Trump administration. As part of a larger “mass deportation agenda,” and in retaliation against localities taking measures to protect immigrants, Immigration and Customs Enforcement (ICE) agents have significantly increased their presence at courthouses. As a result, ICE arrests at courthouses, or “courthouse arrests,” have instilled fear in immigrant communities and chilled participation in the legal system. While these arrests have had far-reaching impacts, preventing survivors and witnesses from accessing the court to seek relief, the focus of this Note is on the particular impact on noncitizen defendants involved in criminal proceedings. Increasingly, …
Cnn Coverage Scotus Decline To Expedite Daca
Dha V Casa De Maryland Motion To Expedite
Using 42 U.S.C. § 1985(2) To Challenge Dragnet Immigration Enforcement At State Courthouses, Cameron Sheldon
Using 42 U.S.C. § 1985(2) To Challenge Dragnet Immigration Enforcement At State Courthouses, Cameron Sheldon
UC Irvine Law Review
Shortly into the Trump presidency in 2017, Immigration and Customs Enforcement (ICE) began to have an active presence at the municipal court in Gardendale, Alabama. When individuals were brought in on minor offenses or violations, court personnel used racial markers such as language and surname to identify them as potential targets for removal. ICE would then close in to interrogate, detain, and deport them in short order. This collaboration between court personnel and ICE was corroborated by documents obtained in response to a 2017 Freedom of Information Act request. Specifically, an email chain in the documents confirmed that ICE had …
Deporting Undesirable Women, Pooja R. Dadhania
Deporting Undesirable Women, Pooja R. Dadhania
UC Irvine Law Review
Immigration law has long labeled certain categories of immigrants “undesirable.” One of the longest-standing of these categories is women who sell sex. Current immigration laws subject sellers of sex to an inconsistent array of harsh immigration penalties, including bars to entry to the United States as well as mandatory detention and removal. A historical review of prostitution-related immigration laws reveals troubling origins. Grounded in turn-of-the-twentieth-century morality, these laws singled out female sellers of sex as immoral and as threats to American marriages and families. Indeed, the first such law specifically targeted Asian women as threats to the moral fabric of …
La County Ceo Board Priorities
President Trump And Zero Tolerance
Glendale Unified Sd Sanctuary Resolution
Glendale Unified Sd Sanctuary Resolution
Subfederal Government Responses
No abstract provided.
Lasd Memo Cooperation With Ice
Us V Ca Amicus From Ca Supervisors
Naacp V Trump Us District Court D.C. Vacate Daca Recission
Naacp V Trump Us District Court D.C. Vacate Daca Recission
Litigation
No abstract provided.
San Dimas City Council Discussing Sb 54
San Dimas City Council Discussing Sb 54
Subfederal Government Responses
No abstract provided.
Villa Park City Council Oppose Sb 54
Villa Park City Council Oppose Sb 54
Subfederal Government Responses
No abstract provided.
Daca Preliminary Injunctions The State Deferred
Daca Preliminary Injunctions The State Deferred
Project Publications
No abstract provided.
Los Alamitos Community V Los Alamitos Over Sb 54
Dana Point City Council Oppose Sb 54
Dana Point City Council Oppose Sb 54
Subfederal Government Responses
No abstract provided.
Lake Forest City Council Oppose Sb 54
Lake Forest City Council Oppose Sb 54
Subfederal Government Responses
No abstract provided.
Los Alamitos City Council Exempt From Sb 54
Los Alamitos City Council Exempt From Sb 54
Subfederal Government Responses
No abstract provided.
Newport Beach City Council Oppose Sb 54
Newport Beach City Council Oppose Sb 54
Subfederal Government Responses
No abstract provided.
Orange City Council Comply With Sb 54
Orange City Council Comply With Sb 54
Subfederal Government Responses
No abstract provided.