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The Impact Of Insulating Immigration Courts From Judicial Review On America’S New Generation Of Families, Christian Sanchez Leon
The Impact Of Insulating Immigration Courts From Judicial Review On America’S New Generation Of Families, Christian Sanchez Leon
Washington and Lee Law Review
This Note could be read as another Note addressing Congress’s power to strip jurisdiction from Article III courts. Yet, when this power is exercised in the immigration context, its impact extends far beyond the realm of checks and balances. Instead, this Note is about the insulation of the Board of Immigration Appeals (“BIA”) and its unfettered ability to create, interpret, and adjudicate its own laws. Not allowing courts to review BIA decisions leaves mixed-status families vulnerable to the harsh consequences of inherently arbitrary decisions made by executive officers.
These practices go against the established common law principles of family unity. …
Risk Assessment And Immigration Court, Richard Frankel
Risk Assessment And Immigration Court, Richard Frankel
Washington and Lee Law Review
Risk assessment and algorithmic tools have become increasingly popular in recent years, particularly with respect to detention and incarceration decisions. The emergence of big data and the increased sophistication of algorithmic design hold the promise of more accurately predicting whether an individual is dangerous or a flight risk, overcoming human bias in decision-making, and reducing detention without compromising public safety. But these tools also carry the potential to exacerbate racial disparities in incarceration, create a false veneer of objective scientific accuracy, and spawn opaque decision-making by “black box” computer programs.
While scholars have focused much attention on how judges in …