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- Immigration; Constitution; Empirical; National Security (1)
- Immigration; Immigration Enforcement; Procedural Justice; Critical Race Theory; Gangs; Gang Database; Gang Enforcement; Boston; Operation Ceasefire; Boston Miracle; Presumptions; Immigration Proceedings; Urban Policing; School to Deportation Pipeline; Asylum; First Circuit Court of Appeal; Ortiz v. Garland; Field Interrogation Observation; Social Services; Segregated Neighborhoods; ICE; Immigration and Customs Enforcement; Violent Gang Tast Force; Burden of Proof (1)
- Immigration; Immigration Law; Deportation; Family Court; Family Regulation; Criminal Law; Right to Counsel; Orders of Protection; Civil Protection Order; Noncitizens; Pro Se; Unrepresented; (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Order Of Protection Or Deportation? How Civil Orders Of Protection Entangle Noncitizens And Their Families In The Immigration And Criminal Legal Systems, Creating The Harm That They Were Intended To Prevent., Sarah E. Corsico
Brooklyn Law Review
A civil protection order can act as an important form of relief for an individual experiencing violence; however, it can also bring extreme complications and consequences for noncitizens. Unlike its intended purpose as a remedy separate from punitive state systems, civil protection orders can replicate the harm of the criminal legal system for noncitizens—barring someone from gaining immigration status, delaying applications, impacting international travel, and at its worst, resulting in deportation. Despite the high stakes nature of these proceeding, for the most part, there is no right to assigned counsel in civil protection order cases. As a result, many individuals …
Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper
Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper
Brooklyn Law Review
This article examines evidence that the government presents in deportation proceedings against young men of color to prove that they are gang members. The gang evidence results in detention, deportation, adverse credibility decisions, and denial of discretionary relief. This article examines the gang evidence through the lens of the law’s use of presumptions and the corresponding burdens of proof at play in immigration proceedings. The immigration burden allocations allow adjudicators to readily accept the harmful presumption contained in the gang evidence—that urban youth of color are criminals and likely to engage in violent crime associated with gangs. The article seeks …
An Unreasonable Presumption: The National Security/Foreign Affairs Nexus In Immigration Law, Anthony J. Demattee, Matthew J. Lindsay, Hallie Ludsin
An Unreasonable Presumption: The National Security/Foreign Affairs Nexus In Immigration Law, Anthony J. Demattee, Matthew J. Lindsay, Hallie Ludsin
Brooklyn Law Review
For well over a century, immigration has occupied a constitutionally unique niche within US public law. Noncitizens in immigration proceedings are routinely denied constitutional guarantees, including due process and equal protection, that apply in virtually every other legal setting. Courts justify their extraordinary deference to the government by invoking a presumptive nexus between immigration, on the one hand, and national security and foreign affairs, on the other. Critically, courts cite the national security/foreign affairs nexus regardless of whether the specific regulation or enforcement action under review has any plausible bearing on those interests. This article is the first to demonstrate …