Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Family reunification (2)
- Immigration enforcement (2)
- Border policing (1)
- Chae Chan Ping v. United States (1889) (1)
- Child welfare (1)
-
- Chinese Exclusion (1)
- Chinese Exclusion Case (1)
- Civil rights (1)
- Deportation (1)
- Deportation arrest doctrine (1)
- Deportation arrest regime (1)
- Due Process Clause of the Fifth Amendment (1)
- Education and migrant youth (1)
- Executive Office for Immigration Review (EOIR) (1)
- Family member admission (1)
- Family separation (1)
- Family unity (1)
- Federal deportation arrest authority (1)
- Immigration detention (1)
- Immigration exceptionalism (1)
- Immigration law (1)
- Korematsu v. United States (1)
- Migrant youth detention (1)
- Military law (1)
- National security law (1)
- Office of Refugee Resettlement (ORR) (1)
- Plenary Power Doctrine (1)
- Policing (1)
- Prisons (1)
- Procedural due process inquiries (1)
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Revisiting Immigration Exceptionalism In Administrative Law, Christopher J. Walker
Revisiting Immigration Exceptionalism In Administrative Law, Christopher J. Walker
Reviews
With all the changes swirling in administrative law, one trend seems to be getting less attention than perhaps it should: the death of regulatory exceptionalism in administrative law. For decades, many regulatory fields—such as tax, intellectual property, and antitrust—viewed themselves as exceptional, such that the normal rules of the road in administrative law do not apply. The Supreme Court and the lower courts have increasingly rejected such exceptionalism in many regulatory contexts, emphasizing that the Administrative Procedure Act (APA) and related administrative law doctrines are the default rules unless Congress has clearly chosen to depart from them by statute in …
Inventing Deportation Arrests, Lindsay Nash
Inventing Deportation Arrests, Lindsay Nash
Michigan Law Review
At the dawn of the federal deportation system, the nation’s top immigration official proclaimed the power to authorize deportation arrests “an extraordinary one” to vest in administrative officers. He reassured the nation that this immense power—then wielded by a cabinet secretary, the only executive officer empowered to authorize these arrests—was exercised with “great care and deliberation.” A century later, this extraordinary power is legally trivial and systemically exercised by low-level enforcement officers alone. Consequently, thousands of these officers—the police and jailors of the immigration system— now have the power to solely determine whether deportation arrests are justified and, therefore, whether …
Recognizing The Right To Family Unity In Immigration Law, Eugene Lee
Recognizing The Right To Family Unity In Immigration Law, Eugene Lee
Michigan Law Review
The Trump Administration’s travel ban and separation of families at the U.S.- Mexico border drew newfound attention to the constitutional due process right to family unity. But even before then, the right to family unity has had a substantial history. Rooted in the Supreme Court’s line of privacy rights cases, the right to family unity is amorphous. This ambiguity has given rise to disagreement regarding not only legal doctrine surrounding the right but also whether the right even exists. This Note clarifies this disagreement by offering a historical account of the right to family unity and an overview of three …
Heeding The Voices Of Migrant Youth: The Need For Action, Randi Mandelbaum
Heeding The Voices Of Migrant Youth: The Need For Action, Randi Mandelbaum
Michigan Law Review
A Review of Unaccompanied: The Plight of Immigrant Youth at the Border. By Emily Ruehs-Navarro.
Status Manipulation In Chae Chan Ping V. United States, Sam Erman
Status Manipulation In Chae Chan Ping V. United States, Sam Erman
Michigan Law Review
A Review of Chae Chan Ping v. United States. By Rose Cuison-Villazor in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 74, 84. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.