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Articles 1 - 7 of 7
Full-Text Articles in Law
Members Only: Undocumented Students & In-State Tuition, Angela M. Banks
Members Only: Undocumented Students & In-State Tuition, Angela M. Banks
Faculty Publications
No abstract provided.
Rethinking Review Standards In Asylum, Andrew Tae-Hyun Kim
Rethinking Review Standards In Asylum, Andrew Tae-Hyun Kim
William & Mary Law Review
Factual findings drive asylum adjudication. If immigration judges get them wrong, they risk sending refugees back to persecution. Recent studies have exposed an immigration agency that is prone to inaccurate and ill-considered fact-finding due to its structural problems. Without the political will or the financial capital necessary to fix what many acknowledge as a compromised system of adjudication, the agency may continue to render decisions that cast doubt on its capability and expertise. With an agency either unable or unwilling to ensure an accurate and fair fact-finding process, the first meaningful review of an asylum applicant’s claim happens at the …
The Normative & Historical Cases For Proportional Deportation, Angela M. Banks
The Normative & Historical Cases For Proportional Deportation, Angela M. Banks
Faculty Publications
Is citizenship status a legitimate basis for allocating rights in the United States?
In immigration law the right to remain in the United States is significantly tied to citizenship status. Citizens have an absolutely secure right to remain in the United States regardless of their actions. Noncitizens’ right to remain is less secure because they can be deported if convicted of specific criminal offenses. This Article contends that citizenship is not a legitimate basis for allocating the right to remain. This Article offers normative and historical arguments for a right to remain for noncitizens. This right should be granted to …
Secure Communities: Burdening Local Law Enforcement And Undermining The U Visa, Lindsey J. Gill
Secure Communities: Burdening Local Law Enforcement And Undermining The U Visa, Lindsey J. Gill
William & Mary Law Review
No abstract provided.
The States Of Immigration, Rick Su
The States Of Immigration, Rick Su
William & Mary Law Review
Immigration is a national issue and a federal responsibility. So why are states so actively involved? Their legal authority over immigration is questionable. Their institutional capacity to regulate it is limited. Even the legal actions that states take sometimes seem pointless from a regulatory perspective. Why do they enact legislation that essentially copies existing federal law? Why do they pursue regulations that courts are likely to enjoin or strike down? Why do they give so little priority to the immigration laws that do survive?
This Article sheds light on this seemingly irrational behavior. It argues that state laws are being …
Crossing The Final Border: Securing Equal Gender Protection In Immigration Cases, Michelle L. Sudano
Crossing The Final Border: Securing Equal Gender Protection In Immigration Cases, Michelle L. Sudano
William & Mary Bill of Rights Journal
No abstract provided.
Closing The Schoolhouse Doors: State Efforts To Limit K-12 Education For Unauthorized Migrant School Children, Angela M. Banks
Closing The Schoolhouse Doors: State Efforts To Limit K-12 Education For Unauthorized Migrant School Children, Angela M. Banks
Faculty Publications
No abstract provided.