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Articles 1 - 5 of 5
Full-Text Articles in Law
Preventing A Permanent Underclass: Why In-State Tuition For Daca Students Just Makes Sense, Christian Bowcutt, Eliza Allen
Preventing A Permanent Underclass: Why In-State Tuition For Daca Students Just Makes Sense, Christian Bowcutt, Eliza Allen
Brigham Young University Prelaw Review
In the landmark 1982 Supreme Court Case "Plyler v. Doe", the right to a free education was guaranteed to undocumented students. One of the reasons for this was to "prevent a permanent underclass". Today, we have a similar opportunity to lift our fellow peers by passing legislation to guarantee in-state tuition to DACA recipients. DACA (Deferred Action for Childhood Arrivals) is a program that grants temporary citizenship to qualifying children and youth who are brought to the United States with their parent(s) or guardian(s). Currently, the majority of states have not guaranteed this right to DACA students. With tuition rates …
Left At The Borders: Addressing The Issue Of Inclusivity For Female Immigrants, Elizabeth S. Castillo, Brooklyn Bird, Abby Forrest, Editor
Left At The Borders: Addressing The Issue Of Inclusivity For Female Immigrants, Elizabeth S. Castillo, Brooklyn Bird, Abby Forrest, Editor
Brigham Young University Prelaw Review
The United States laws, regulations, and political discourse surrounding migration is rife with varying sensitivities. These include but are not limited to the physically, emotionally, and mentally exigent circumstances that cause women and girls of many ages and nationalities to flee their home countries for the United States. Because of the structure of American immigration law and the impactful measures taken by the Trump administration, we argue the language found in the Immigration and Nationality Act neglects to address gender-specific persecution, which renders the already difficult process of seeking asylum still more challenging for women hoping to migrate to the …
The Census, Citizenship, And Improved Legislation: A Constitutional Compromise, Kaitlyn A. Marquis
The Census, Citizenship, And Improved Legislation: A Constitutional Compromise, Kaitlyn A. Marquis
Brigham Young University Prelaw Review
Why should the census avoid asking a question concerning citizenship?
Are there alternatives in providing information to aid government
functions while still protecting the rights of residents? In
early 2019, the Trump administration requested that the 2020 census
include an inquiry concerning the citizenship status of residents, for
claimed reasons of better legislation (i.e. the allocation of government
funds to the states and the drawing of electoral districts). The
Supreme Court considered this issue in Dept. of Commerce v. New
York. In sum, their opinion was, “not yet.” The Supreme Court did
not definitively conclude that it was unconstitutional to …
Shaping Immigration Law Through A Business Law Model, Mitchell Reber
Shaping Immigration Law Through A Business Law Model, Mitchell Reber
Brigham Young University Prelaw Review
This article argues that state-produced immigration law can be a more effective method of regulating immigration when compared with current federal regulation. Currently, regulation as controlled by the federal government supersedes any laws created at the state level and subjects those laws produced by states to extensive review by the courts. The article proposes that immigration law should follow a business-law model when regulating immigration on a state level and discusses how the Immigration Reform and Control Act of 1986 needs to be reinterpreted. The article then describes three ways this change in immigration law could be implemented and confers …
Huddled Masses Yearning To Breathe Free: Prosecutorial Discretion And Immigration Law, Justin A. Miller
Huddled Masses Yearning To Breathe Free: Prosecutorial Discretion And Immigration Law, Justin A. Miller
Brigham Young University Prelaw Review
No abstract provided.