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

Law Commons

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

Immigration Law

Selected Works

Keyword
Publication Year
Publication
File Type

Articles 1 - 30 of 572

Full-Text Articles in Law

Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health (2019), Sarah Dávila-Ruhaak Nov 2019

Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health (2019), Sarah Dávila-Ruhaak

Sarah Dávila-Ruhaak

No abstract provided.


Note To Trump: Know What You Call Muslims Who Reject Radical Islam? Refugees, Angela M. Banks, Nathan B. Oman Sep 2019

Note To Trump: Know What You Call Muslims Who Reject Radical Islam? Refugees, Angela M. Banks, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman Sep 2019

Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman Sep 2019

Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson Sep 2019

Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson

Nathan B. Oman

No abstract provided.


Professor Allison Orr Larsen On Daca: Its History, Legal Controversies, And What Lies Ahead, Allison Orr Larsen, Adam M. Gershowitz Sep 2019

Professor Allison Orr Larsen On Daca: Its History, Legal Controversies, And What Lies Ahead, Allison Orr Larsen, Adam M. Gershowitz

Adam M. Gershowitz

In an interview with Professor Adam Gershowitz, William & Mary Law Professor Allison Orr Larsen talks about DACA (Deferred Action for Childhood Arrivals), which you may know as the law governing DREAMers: what it is, why it is controversial from a legal perspective, recent changes imposed by the Trump administration, challenges to the law, and what may come next.


Professor Allison Orr Larsen On Daca: Its History, Legal Controversies, And What Lies Ahead, Allison Orr Larsen, Adam M. Gershowitz Sep 2019

Professor Allison Orr Larsen On Daca: Its History, Legal Controversies, And What Lies Ahead, Allison Orr Larsen, Adam M. Gershowitz

Allison Orr Larsen

In an interview with Professor Adam Gershowitz, William & Mary Law Professor Allison Orr Larsen talks about DACA (Deferred Action for Childhood Arrivals), which you may know as the law governing DREAMers: what it is, why it is controversial from a legal perspective, recent changes imposed by the Trump administration, challenges to the law, and what may come next.


Immigration Enforcement And The Future Of Discretion, Shoba Wadhia May 2019

Immigration Enforcement And The Future Of Discretion, Shoba Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.


National Security, Immigration And The Muslim Bans, Shoba Wadhia May 2019

National Security, Immigration And The Muslim Bans, Shoba Wadhia

Shoba Sivaprasad Wadhia

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 …


Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia May 2019

Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.


The Declaration Of Independence And Immigration In The United States Of America, Kenneth M. White Mar 2019

The Declaration Of Independence And Immigration In The United States Of America, Kenneth M. White

Kenneth White

The United States has always been a nation of immigrants, and immigration policy has always been controversial. The history of immigration in the United States is contrasted in this article with a normative standard of naturalization (immigration policy) based on the Declaration of Independence. The current immigration debate fits within a historical pattern that pits an unrestricted right of immigration (the left) against exclusive, provincial politics (the right). Both sides are simultaneously correct and incorrect. A moderate policy on immigration is possible if the debate in the United States gets an infusion of what Thomas Paine called "common sense."


287(G) Agreements In The Trump Era, Huyen Pham Mar 2019

287(G) Agreements In The Trump Era, Huyen Pham

Huyen T. Pham

No abstract provided.


Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison Mar 2019

Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison

Angela D. Morrison

This article reframes the outward-looking perspective on workers’ rights provisions in free trade agreements. It argues that those provisions provide an opportunity to reinforce the workplace rights of noncitizen workers in the United States. Scholars and worker advocates have criticized recent free trade agreements for their lack of enforcement mechanisms and protections for workers in developing countries. They argue that this has encouraged a race to the bottom on the part of multi-national corporations who relocate to developing countries to take advantage of cheap labor costs, thereby costing U.S. workers’ jobs.

This article shifts the focus. Instead, it argues that …


A False Sense Of Security: Due Process Failures In Removal Proceedings, Darlene Goring Mar 2019

A False Sense Of Security: Due Process Failures In Removal Proceedings, Darlene Goring

Darlene C. Goring

The article explores the reasons for the failure of due process rights afforded by aliens facing criminal prosecution for unauthorized return to the U.S. after prior removal proceedings. Topics discussed include Federal enforcement of the Immigration and Nationality Act, laws governing criminal prosecution and incarceration for previously removed aliens, and disclosure of the availability of judicial review to aliens facing removal from the U.S.


Immigration Adjudication Bankruptcy, Jill E. Family Feb 2019

Immigration Adjudication Bankruptcy, Jill E. Family

Jill E. Family

The Trump Administration is pushing an adjudicatory system on the brink over the edge. The system designed to decide whether to remove (deport) individuals from the United States has longstanding problems that predate the Trump Administration. Those problems are being exasperated rather than improved. It is time to consider the notion of immigration adjudication bankruptcy. Immigration adjudication bankruptcy involves a declaration that the removal adjudication system is not satisfying the basic principles of administrative process: accuracy, acceptability, and efficiency. This Article, a part of a symposium on executive power and immigration law, raises questions about when bankruptcy should be declared …


Enforcing Masculinities At The Borders, Jamie R. Abrams Feb 2019

Enforcing Masculinities At The Borders, Jamie R. Abrams

Jamie R. Abrams

No abstract provided.


The Case For ‘Firewall’ Protections For Irregular Migrants: Safeguarding Fundamental Rights, Bethany Hastie Jan 2019

The Case For ‘Firewall’ Protections For Irregular Migrants: Safeguarding Fundamental Rights, Bethany Hastie

Bethany Hastie

The issue of irregular migration is experiencing heightened attention in political, social and legal arenas. While deterrence and crime-control discourse and practices dominate current approaches to irregular migration, this article seeks to focus on the problematic neglect of the treatment of irregular migrants in destination countries, in relation to their ability to access fundamental rights and basic public services. This article will put forth an argument for the establishment of firewalls – a separation between immigration enforcement activities and public service provision. This article will canvass existing trends and practices that have both contributed to the erosion of firewall protections, …


The Inaccessibility Of Justice For Migrant Workers: A Capabilities-Based Perspective, Bethany Hastie Jan 2019

The Inaccessibility Of Justice For Migrant Workers: A Capabilities-Based Perspective, Bethany Hastie

Bethany Hastie

This article examines the barriers migrant workers face in accessing justice, including the ability to assert legal rights in the workplace, and to access mechanisms for legal redress or remedy. Drawing on empirical research, and using the capabilities approach as a conceptual framework through which to examine these issues, this article demonstrates that the regulatory structure of the Temporary Foreign Worker Programs operates to actively constrain the ability for migrant workers to assert their rights in the workplace, and seek effective legal remedies in the face of rights violations.


Foia Response On Deferred Action (Non-Daca), Shoba S. Wadhia Dec 2018

Foia Response On Deferred Action (Non-Daca), Shoba S. Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.


Practical Equality, Robert L. Tsai Dec 2018

Practical Equality, Robert L. Tsai

Robert L Tsai

A path-breaking account of how Americans have used innovative legal measures to overcome injustice—and an indispensable guide to pursuing equality in our time.


Addiction Informed Immigration Reform Dec 2018

Addiction Informed Immigration Reform

Rebecca Sharpless

Immigration law fails to align with the contemporary understanding of substance addiction as a medical condition. The Immigration and Nationality Act regards noncitizens who suffer from drug or alcohol substance use disorder as immoral and undesirable. Addiction is a ground of exclusion and deportation and can prevent the finding of “good moral character” needed for certain immigration applications. Substance use disorder can lead to criminal behavior that lands noncitizens, including lawful permanent residents, in removal proceedings with no defense. The time has come for immigration law to catch up to today’s understanding of addiction. The damage done by failing to …


Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig B. Mousin Dec 2018

Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig B. Mousin

Craig B. Mousin

Although the United States provided significant guidance in drafting the Convention on the Rights of the Child (CRC) it has never ratified the convention. The failure to ratify has taken on critical significance in light of new federal policies that have detained over 15,000 children in 2018, separated families, accelerated removal of asylum seekers, and emphasized deterring families from seeking asylum.

This article raises ethical and health implications of these refugee policies in light of the United States’ failure to ratify the CRC. It first examines the development of the CRC and international refugee law. It next lists some of …


A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock Oct 2018

A National Study Of Immigration Detention In The United States, Emily Ryo, Ian Peacock

Emily Ryo

Amidst growing reports of abuses and rights violations in immigration detention, the Trump administration has sought to expand the use of immigration detention to facilitate its deportation policy. This study offers the first comprehensive empirical analysis of U.S. immigration detention at the national level. Drawing on administrative records and geocoded data pertaining to all noncitizens who were detained by U.S. Immigration and Customs Enforcement in fiscal year 2015, we examine who the detainees are, where they were held, and what happened to them.


Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf Oct 2018

Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf

Fatma Marouf

Non-precedent decisions are the norm in federal appellate courts, and are seen by judges as a practical necessity given the size of their dockets. Yet the system has always been plagued by doubts. If only some decisions are designated to be precedents, questions arise about whether courts might be acting arbitrarily in other cases. Such doubts have been overcome in part because nominally unpublished decisions are available through standard legal research databases. This creates the appearance of transparency, mitigating concerns that courts may be acting arbitrarily. But what if this appearance is an illusion? This Article reports empirical data drawn …


The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías Oct 2018

The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías

Luz Herrera

This article explores the need to develop a Latinx-focused network that advances law and policy. The Network for Justice is necessary to build upon the existing infrastructure in the legal sector to support the rapidly changing demographic profile of the United States. Latinxs are no longer a small or regionally concentrated population and cannot be discounted as a foreign population. Latinxs reside in every state in our nation and, in some communities, comprise a majority of the population. The goal of the Network for Justice is to facilitate and support local and statewide efforts to connect community advocates to formal …


Making Room For Children: A Response To Professor Estin On Immigration And Child Welfare, Rick Su Sep 2018

Making Room For Children: A Response To Professor Estin On Immigration And Child Welfare, Rick Su

Rick Su

No abstract provided.


Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan Aug 2018

Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan

Felice J Batlan

H-Pad is happy to announce the release of its sixth broadside. In “Building a Regime of Restrictive Immigration Laws, 1840-1945,” Felice Batlan traces a century of U.S. government laws, policies, and attitudes regarding immigration. The broadside explores how ideas about race, class, religion, and the Other repeatedly led to laws restricting the immigration of those who members of Congress, the President, and the U.S. public considered inferior and/or a threat.


State-Created Immigration Climates And Domestic Migration, Huyen Pham, Pham Hoang Van Jul 2018

State-Created Immigration Climates And Domestic Migration, Huyen Pham, Pham Hoang Van

Huyen T. Pham

With comprehensive immigration reform dead for the foreseeable future, immigration laws enacted at the subfederal level -- cities, counties, and states -- have become even more important. Arizona has dominated media coverage and become the popular representation of the states' response to immigration by enacting SB 1070 and other notoriously anti-immigrant laws. Illinois, by contrast, has received relatively little media coverage for enacting laws that benefit the immigrants within its jurisdiction. The reality on the ground is that subfederal jurisdictions in the United States have taken very divergent paths on the issue of immigration regulation.

Compiling city, county, and state …


A Framework For Understanding Subfederal Enforcement Of Immigration Laws, Huyen Pham Jul 2018

A Framework For Understanding Subfederal Enforcement Of Immigration Laws, Huyen Pham

Huyen T. Pham

In discussing the varied LEA responses, the normative question naturally arises: Which model of immigration enforcement should an LEA embrace? If an LEA with no current immigration enforcement policy were to decide on a model, which model should it choose? Or, if an LEA wants to reconsider its current enforcement model, what factors should it consider in making its decision? The answers to these questions depend on the interests of individual LEAs-interests that may vary from LEA to LEA. The second contribution of this article then is to raise important questions that LEAs should consider in deciding which model is …


Measuring State-Created Immigration Climate, Huyen Pham, Pham Hoang Van Jul 2018

Measuring State-Created Immigration Climate, Huyen Pham, Pham Hoang Van

Huyen T. Pham

The phenomenon of subfederal immigration regulation, in which state and local governments enact laws regulating immigrants within their jurisdictions, has become an enduring part of the American legal landscape. Though still the subject of occasional legal challenges, the focus of the national conversation has shifted from whether to have subfederal immigration regulation, to what form that regulation should take. States have taken widely varying approaches to immigration regulation; some like Arizona and Alabama have enacted restrictive, negative laws, while other states like Illinois and California have enacted laws to benefit the immigrants within their jurisdictions. Thus, in order to understand …