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Immigration Law

University of Richmond

Richmond Journal of Law and the Public Interest

Journal

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Full-Text Articles in Law

Rivera V. Nibco:A Tentative Limitation Of The Supreme Court's Decision Inhoffman Plastic Compounds, Inc. V. Nlrb, Rebecca L. Ennis Jan 2015

Rivera V. Nibco:A Tentative Limitation Of The Supreme Court's Decision Inhoffman Plastic Compounds, Inc. V. Nlrb, Rebecca L. Ennis

Richmond Journal of Law and the Public Interest

In 2002, the United States Supreme Court handed down its decision in Hoffman Plastic Compounds, Inc. v. NLRB. This landmark decision seemingly eliminated any chance illegal immigrant employees had to obtain awards of backpay after being discharged in violation of the National Labor Relations Act (NLRA). More importantly, however, the decision sent a message to the country that illegal entry into the United States was a violation that was to be taken more seriously by the courts than grossly unfair employment practices. The Court of Appeals for the Ninth Circuit recently handed down a decision in Rivera v. NIBCO, Inc. …


Sanctuary From De Facto Deportation: The New Sanctuary Movement And De Facto Deportation Claims For Children Challenging Illegal Immigrant Parents' Removal Orders, Kristin Maun Jan 2011

Sanctuary From De Facto Deportation: The New Sanctuary Movement And De Facto Deportation Claims For Children Challenging Illegal Immigrant Parents' Removal Orders, Kristin Maun

Richmond Journal of Law and the Public Interest

This comment will give an overview of past and present sanctuary movements, the legal strategies they have formulated to defend those whom they shelter, and their impact on immigration law and policy. Then it will examine the particular strategy of de facto deportation-the NSM's legal strategy of choice-to understand what is necessary to establish the claim, and whether it could nullify an alien parent's removal order. Next, it will analyze two legal principles underlying de facto deportation claims: the right of a child to be raised by his parents and the right of a citizen child to reside in the …


Dividing Lives: How Deporting Legal And Illegal Immigrants With United States-Born Children Is Separating Families And Why United States And International Laws Are Failing Families, Anna-Liisa Jacobson Jan 2009

Dividing Lives: How Deporting Legal And Illegal Immigrants With United States-Born Children Is Separating Families And Why United States And International Laws Are Failing Families, Anna-Liisa Jacobson

Richmond Journal of Law and the Public Interest

This Article explores the current immigration laws causing mixed immigration status families to become separated and analyzes what the role of the United States government should be in solving this crisis. Part II discusses the current crisis occurring when families are separated due to factors such as deportation. Part III analyzes the changes brought by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") and how these changes have negatively impacted immigrant families. Part IV examines the increasing number of deportations due to changes in the penalties for crimes committed by immigrants. Part V explores the legal protections …


Two Thumbs Down: In The Absence Of Comprehensive Immigration Reform, Ill-Conceived Bills Flood The Virginia General Assembly, Leigh A. Sellers Jan 2008

Two Thumbs Down: In The Absence Of Comprehensive Immigration Reform, Ill-Conceived Bills Flood The Virginia General Assembly, Leigh A. Sellers

Richmond Journal of Law and the Public Interest

On July 26, 2007, a federal court ruled it unconstitutional for city officials in Hazleton, Pennsylvania, to implement a local anti-immigrant ordinance that punished employers and landlords for doing business with undocumented immigrants. Despite this well-grounded landmark decision, local governments throughout the nation continue to develop patchwork solutions to a broken federal immigration system, endangering the health and well-being of communities and people alike. Virginia has positioned itself at the forefront of America's immigration debate. Leading up to the 2008 General Assembly session, localities throughout the state developed public statements on immigration, reaffirmed English as the official language, and considered …


Illegal Immigration In The Virginia General Assembly - From The Perspective Of An Advocate Of Passing Laws To Stop Illegal Immigration: Why Do It And What Can Be Done, David B. Albo Jan 2008

Illegal Immigration In The Virginia General Assembly - From The Perspective Of An Advocate Of Passing Laws To Stop Illegal Immigration: Why Do It And What Can Be Done, David B. Albo

Richmond Journal of Law and the Public Interest

An editorial discussing the following, 1. Why legislators want to pass laws to discourage illegal alien: The problem with illegal immigration isn't the people it's the cost, 2. How legislators can pass laws to discourage illegal aliens from coming to Virginia, 3. 2008 legislation on immigration


The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler Jan 1997

The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler

Richmond Journal of Law and the Public Interest

Former president Ronald Reagan's vision of America as this shining city ended Thursday, August 23, 1996, when President Bill Clinton signed his name to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, considered the most farreaching welfare reform package in history. Although the Congressional Budget Office (CBO) estimates that the federal government will save over $57 billion between fiscal year 1997 and fiscal year 2002, this welfare reform package profoundly impacts immigrants, particularly legal immigrants. Overall 44% of federal savings (approximately $23.8 billion) stems from denying public assistance benefits to legal immigrants. This new welfare legislation directly …