Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 84

Full-Text Articles in Law

Domino Effect: How Scalia Lives On Through The Controversial Texas Immigration Law And Which States Are Itching To Pull The Trigger, Kristin Hommel Apr 2024

Domino Effect: How Scalia Lives On Through The Controversial Texas Immigration Law And Which States Are Itching To Pull The Trigger, Kristin Hommel

Immigration Law Blog

No abstract provided.


Climate Change And The Future Of Immigration, Rebekah Johnson Feb 2024

Climate Change And The Future Of Immigration, Rebekah Johnson

Immigration Law Blog

No abstract provided.


From Improper Care To Inadequate Remedies: Continued Discriminatory Treatment Of Migrant Women In The United States Healthcare System, Hannah Finch Feb 2024

From Improper Care To Inadequate Remedies: Continued Discriminatory Treatment Of Migrant Women In The United States Healthcare System, Hannah Finch

Immigration Law Blog

No abstract provided.


Hope Or Hostility On The Forefront: Challenges At The Southwest Border, Pretima Persaud Jan 2024

Hope Or Hostility On The Forefront: Challenges At The Southwest Border, Pretima Persaud

Immigration Law Blog

No abstract provided.


Protecting The Human Rights Of Venezuelan Migrants And Refugees In The United States, Luis David Escorcia Pimienta Jan 2024

Protecting The Human Rights Of Venezuelan Migrants And Refugees In The United States, Luis David Escorcia Pimienta

Immigration Law Blog

No abstract provided.


Long-Term Immigration And The Path To Citizenship, Ángela Sánchez-Gago Nov 2023

Long-Term Immigration And The Path To Citizenship, Ángela Sánchez-Gago

Immigration Law Blog

This article narrates the personal experience of the author with the American immigration system and provides an insight into the emotional scope of the naturalization process.


Female Genital Mutilation And The Question Of Future Persecution When Seeking Asylum In The United States, Dinithi Sathya Bulathwela Oct 2023

Female Genital Mutilation And The Question Of Future Persecution When Seeking Asylum In The United States, Dinithi Sathya Bulathwela

Immigration Law Blog

No abstract provided.


Discretion And Disobedience In The Chinese Exclusion Era, Shoba Sivaprasad Wadhia Jan 2022

Discretion And Disobedience In The Chinese Exclusion Era, Shoba Sivaprasad Wadhia

Journal Articles

This Article examines the use of prosecutorial discretion from its first recorded use in the nineteenth century to protect Chinese subject to deportation, following to its implication in modern day immigration policy. A foundational Supreme Court case, known as Fong Yue Ting, provides a historical precedent for the protection of a category of people as well as a deeper history of prosecutorial discretion in immigration law. This Article also sharpens the policy argument to protect political activists through prosecutorial discretion and forces consideration for how modern immigration policy should respond to historical exclusions and racialized laws. This Article centers its …


Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu Jan 2022

Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu

Journal Articles

The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger forms of discrimination, including the harms of decitizenship. These harms include limited access to full citizenship rights due to legal barriers, restricted cultural and political power, and a lack of belonging. The Article concludes that these harms result from the structure of past and present immigration laws …


All The Presidents' Dreamers: Immigration Reform That Biden And Trump Can Agree On (And Why That Reform May Be Elusive), Victor C. Romero Jan 2022

All The Presidents' Dreamers: Immigration Reform That Biden And Trump Can Agree On (And Why That Reform May Be Elusive), Victor C. Romero

Journal Articles

While a sizeable gulf exists between the Trump and Biden administrations’ approaches to immigration, there is one policy area where these presidents would see eye-to-eye: a legal pathway for “Dreamers,” longtime undocumented residents who initially came to the U.S. as children. Notwithstanding this exceptional example of bipartisanship, how the nation now moves forward to create such a pathway is a conundrum. The political divide that has stalled a two-decades-long search for a congressional solution has its roots in America’s longstanding ambivalence about whether and how to provide basic opportunities to the least of its denizens. This Essay traces the current …


Darkside Discretion In Immigration Cases, Shoba Wadhia Jan 2020

Darkside Discretion In Immigration Cases, Shoba Wadhia

Journal Articles

"Darkside Discretion" refers to a situation where the noncitizen satisfies the statutory criteria set by Congress to be eligible for remedy but is denied by an adjudicator in the exercise of discretion. Imagine a woman who arrived in the United States six months ago who meets her burden of proving she is a refugee based on a fear of persecution by the government in her home country because of her religious beliefs, but who is denied asylum for discretionary reasons. This kind of decision exposes the "darkside" of discretion because it reflects how the government uses the tool of discretion …


The Case Against Chevron Deference In Immigration Adjudication, Shoba Wadhia, Christopher Walker Jan 2020

The Case Against Chevron Deference In Immigration Adjudication, Shoba Wadhia, Christopher Walker

Journal Articles

The Duke Law Journal’s fifty-first annual administrative law symposium examines the future of Chevron deference—the command that a reviewing court defer to an agency’s reasonable interpretation of an ambiguous statute the agency administers. In the lead article, Professors Kristin Hickman and Aaron Nielson argue that the Supreme Court should narrow Chevron’s domain to exclude interpretations made via administrative adjudication. Building on their framing, this Article presents an in-depth case study of immigration adjudication and argues that this case against Chevron has perhaps its greatest force when it comes to immigration. That is because much of Chevron’s theory for congressional delegation …


Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia Jan 2019

Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia

Journal Articles

No abstract provided.


Immigration Litigation In The Time Of Trump, Shoba Wadhia Jan 2019

Immigration Litigation In The Time Of Trump, Shoba Wadhia

Journal Articles

A number of immigration policies have been announced, implemented, or challenged in courts during the first half of Donald J. Trump's presidency. This Essay provides an update on ongoing litigation on a handful of these policies and was inspired by keynote remarks delivered at the Emerging Immigration Scholars Conference at Brigham Young University in June 2019. The topics covered by this Essay include: litigation affecting those covered by the travel or "Muslim Ban," asylum policy changes, Deferred Action for Childhood Arrivals ("DACA"), unlawful presence rules, and the border wall. This Essay also discusses lessons and common themes emerging from the …


Americans In Waiting: Finding Solutions For Long Term Residents, Shoba Wadhia Jan 2019

Americans In Waiting: Finding Solutions For Long Term Residents, Shoba Wadhia

Journal Articles

For more than a century, U.S. immigration law has recognized long-term residence as a primary factor in granting formal relief or protection. The rationale for regularizing the status of long-term residence is both clear and multifaceted. Over time, long-term residents in the United States build families, buy homes, and integrate into their communities. These equities, coupled with long-term residence, are reflected in the laws used to legalize and protect noncitizens. Many of these laws include a discretionary component, which is itself a powerful sword used by judges and officers when making immigration decisions.

This paper explores the history and role …


Immigration Enforcement And The Future Of Discretion, Shoba Wadhia Jan 2018

Immigration Enforcement And The Future Of Discretion, Shoba Wadhia

Journal Articles

No abstract provided.


National Security, Immigration And The Muslim Bans, Shoba Wadhia Jan 2018

National Security, Immigration And The Muslim Bans, Shoba Wadhia

Journal Articles

National security language has continued to guide the creation and defense of Executive Orders and related immigration policies issued in the Donald J. Trump administration. This Article builds on earlier scholarship examining the relationship between national security and immigration in the wake of September 11, 2001, under the Obama administration, and during the campaign leading to the 2016 Election. While the Article is largely descriptive, it ultimately questions the longevity of using national security to create and defend immigration law. This Article is limited in scope -- it does not provide a deep dive into the constitutionality of the Muslim …


The Aftermath Of United States V. Texas, Shoba S. Wadhia Aug 2016

The Aftermath Of United States V. Texas, Shoba S. Wadhia

Journal Articles

On June 23, 2016, the Supreme Court issued a 4-4 ruling in the immigration case of United States v. Texas, blocking two “deferred action” programs announced by President Obama on November 20, 2014: extended Deferred Action for Childhood Arrivals (DACA Plus) and Deferred Action for Parents of Americans and Legal Residents (DAPA). The 4-4 ruling by the justices creates a non-precedential non-decision, upholding an injunction placed by a panel of federal judges in the Fifth Circuit Court of Appeals. While the future of these programs remains uncertain in the long term, the immediate effects are pronounced, as millions of …


Practitioner's Toolkit On Cancellation Of Removal For Lawful Permanent Residents, Penn State Law Immigrants' Rights Clinic, Pennsylvania Immigration Resource Center May 2016

Practitioner's Toolkit On Cancellation Of Removal For Lawful Permanent Residents, Penn State Law Immigrants' Rights Clinic, Pennsylvania Immigration Resource Center

Center for Immigrants' Rights Clinic Publications

Created on behalf of the Pennsylvania Immigration Resource Center (PIRC), the toolkit is a resource for immigration attorneys representing lawful permanent residents who are facing removal from the United States.


Panel Presentation, Peter J. Smith, Heidi Freese, Grace Meng, Lori Ulrich Apr 2016

Panel Presentation, Peter J. Smith, Heidi Freese, Grace Meng, Lori Ulrich

Center For Immigrants’ Rights Clinic Events

No abstract provided.


Remarks On Executive Action And Immigration Reform, Shoba S. Wadhia Jan 2016

Remarks On Executive Action And Immigration Reform, Shoba S. Wadhia

Journal Articles

This essay places the President's executive actions on immigration last November into a larger context by providing a brief history of prosecutorial discretion in immigration cases. This essay also describes how law students at Penn State Law School used the President's announcement of executive actions as a platform for local change in the State College community.


The President And Deportation: Daca, Dapa, And The Sources And Limits Of Executive Authority - Response To Hiroshi Motomura, Shoba S. Wadhia Jan 2016

The President And Deportation: Daca, Dapa, And The Sources And Limits Of Executive Authority - Response To Hiroshi Motomura, Shoba S. Wadhia

Journal Articles

This Essay is a response to Washburn University School of Law's Foulston Siefkin Lecture, 2015 titled "The President and Deportation: DACA, DAPA, and the Sources and Limits of Executive Authority," delivered by Professor Hiroshi Motomura in March of 2015. Part II of this Essay provides a summary of Professor Motomura's remarks from this author's vantage point. Part III of this Essay analyzes and supports Professor Motomura's conclusion that deferred action is "different" from prosecutorial discretion and elaborates on how deferred action goes one step "further" than prosecutorial discretion.


Is Immigration Law National Security Law?, Shoba S. Wadhia Jan 2016

Is Immigration Law National Security Law?, Shoba S. Wadhia

Journal Articles

The debate around how to keep America safe and welcome newcomers is prominent. In the last year, cities and countries around the world, including Baghdad, Dhaka, Istanbul, Paris, Beirut, Mali and inside the United States - have been vulnerable to terrorist attacks and human tragedy. Meanwhile, the world faces the largest refugee crises since the Second World War.

This article is based on remarks delivered at Emory Law Journal’s annual Thrower Symposium on February 11, 2016. It explores how national security concerns have shaped recent immigration policy in the Executive Branch, Congress and the states and the moral, legal and …


Beyond Deportation: Understanding Immigration Prosecutorial Discretion And United States V. Texas, Shoba S. Wadhia Jan 2016

Beyond Deportation: Understanding Immigration Prosecutorial Discretion And United States V. Texas, Shoba S. Wadhia

Journal Articles

In this article, I place the Supreme Court case of United States v. Texas into a broader context by describing the history and legal authority for prosecutorial discretion in immigration law and highlighting the contents and recommendations in my book, Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases. Part I of this article offers a primer on the role of prosecutorial discretion in immigration law and also describes two related programs announced by President Obama on November 20, 2014 and the subject of litigation for nearly two years as of this writing. Part II provides a history …


The History Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia Jan 2015

The History Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia

Journal Articles

This Article describes the historical role of prosecutorial discretion in immigration law and connects this history to select executive actions announced by President Obama on November 20, 2014.


Demystifying Employment Authorization And Prosecutorial Discretion In Immigration Cases, Shoba S. Wadhia Jan 2015

Demystifying Employment Authorization And Prosecutorial Discretion In Immigration Cases, Shoba S. Wadhia

Journal Articles

On November 20, 2014, President Barack Obama announced a series of immigration programs aimed to reform the immigration system. Deferred Action for Parents of Americans or Lawful Permanent Residents (DAPA) and extended Deferred Action for Childhood Arrivals (DACA) represent two such programs announced by the President. Both programs extend deferred action (one form of prosecutorial discretion) to qualifying individuals. Deferred action has been part of the immigration system for more than 50 years, and has been named explicitly by Congress, federal courts, and the agencies responsible for administering immigration laws. Additionally, regulations list deferred action as one basis for work …


Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero Jan 2015

Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero

Journal Articles

For immigration scholars, Justice Field is perhaps best remembered for his majority opinion in Chae Chan Ping v. United States, the Supreme Court’s decision upholding Chinese exclusion, and credited for introducing the plenary power doctrine to immigration law. Yet, despite the opinion’s xenophobic rhetoric reflecting his personal views of the Chinese, Justice Field dissented in Fong Yue Ting v. United States, reasoning that, once they became lawful residents, the Chinese were entitled to be treated as equals under the law regardless of citizenship, a position supported by his earlier federal circuit court opinion in Ho Ah Kow v. …


The Prodigal Illegal: Christian Love And Immigration Reform, Victor C. Romero Jan 2015

The Prodigal Illegal: Christian Love And Immigration Reform, Victor C. Romero

Journal Articles

Despite the impasse around immigration reform, most everyone believes the United States’ immigration system is broken. And most agree that the key issue is what to do with the eleven million or so undocumented persons currently residing in the United States. As a Christian immigration law teacher, I have been interested in the debate among the churches as to what such reform should look like. In this Article, I use Professor Jeffrie Murphy’s conception of agapic love as a lens through which to examine reform proposals. I then evaluate the two positions Christian churches have seemed to embrace—permanent legal status …


A Meditation On Moncrieffe: On Marijuana, Misdemeanants, And Migration, Victor C. Romero Jan 2014

A Meditation On Moncrieffe: On Marijuana, Misdemeanants, And Migration, Victor C. Romero

Journal Articles

This essay is a brief meditation on the immigration schizophrenia in our law and legal culture through the lens of the Supreme Court’s latest statement on immigration and crime, Moncrieffe v. Holder. While hailed as a “common sense” decision, Moncrieffe is a rather narrow ruling that does little to change the law regarding aggravated felonies or the ways in which class and citizenship play into the enforcement of minor drug crimes and their deportation consequences. Despite broad agreement on the Court, the Moncrieffe opinion still leaves the discretion to deport minor state drug offenders in the hands of the federal …


Immigration Remarks For The 10th Annual Wiley A. Branton Symposium, Shoba S. Wadhia Jan 2014

Immigration Remarks For The 10th Annual Wiley A. Branton Symposium, Shoba S. Wadhia

Journal Articles

This morning (despite the pressure that our panel comes right before lunch), I am going to provide a “101” on the role of prosecutorial discretion in immigration law, which is my primary area of research and fundamental to understanding how the immigration system operates. Prosecutorial discretion is a largely invisible tool that enables thousands, if not millions, of unauthorized noncitizens to reside in the United States without fear from deportation. It may be characterized as invisible because prosecutorial discretion decisions are largely connected to no action at all or as some call it, nonenforcement. A favorable exercise of “prosecutorial discretion” …