Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 11 of 11
Full-Text Articles in Law
Book Review: Hidden In Plain Sight: Redefining The Field Of National Security, Aziza Ahmed
Book Review: Hidden In Plain Sight: Redefining The Field Of National Security, Aziza Ahmed
Faculty Scholarship
Eventually, litigation challenging the Executive Order made it to the Supreme Court. Plaintiffs, including the Muslim Association of Hawaii and individual Muslims, challenged the constitutionality of the law.4 In Trump v. Hawaii, the Supreme Court found the Executive Order constitutional. Chief Justice Roberts' majority opinion dismisses the claims by the Plaintiffs that the Executive Orders were driven by anti-Muslim animus. The justices separate Trump's comments about Muslims from the Executive Order itself. They "look behind" the Executive Order and use rational basis review to uphold the order on the grounds that vetting immigrants could be "plausibly related to …
The End Of Asylum Redux And The Role Of Law School Clinics, Elora Mukherjee
The End Of Asylum Redux And The Role Of Law School Clinics, Elora Mukherjee
Faculty Scholarship
The Biden Administration has perpetuated many of the prior administration’s hostile policies undermining access to asylum at the southern border. This Essay first examines these policies and then identifies emerging opportunities for law school clinics to address these new challenges, including by serving asylum seekers south of the U.S.-Mexico border.
Co-Opting Coronavirus, Assailing Asylum, Ashley B. Armstrong
Co-Opting Coronavirus, Assailing Asylum, Ashley B. Armstrong
Faculty Publications
The Centers for Disease Control (CDC) issued an Order on March 26, 2020, under Title 42, Section 265 of the Public Health Service Act, in the name of combatting the spread of coronavirus. The Order has been called the “Asylum Ban” because it effectively has sealed the southern border to protection-seekers, resulting in the pushback of nearly 400,000 asylees and unaccompanied children. This Article argues that the Trump administration has contravened the rule of law by using the coronavirus pandemic as a convenient pretext to end asylum in the U.S., and by violating the rights of protection-seekers. In doing so, …
New Homeland Security Asylum Rule Allows Removal To Central American Countries That Have Signed Agreements With The U.S., Peter Margulies
New Homeland Security Asylum Rule Allows Removal To Central American Countries That Have Signed Agreements With The U.S., Peter Margulies
Law Faculty Scholarship
No abstract provided.
Judge Issues Temporary Restraining Order Against Proclamation Barring Uninsured Immigrants, Peter Margulies
Judge Issues Temporary Restraining Order Against Proclamation Barring Uninsured Immigrants, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Enter At Your Own Risk: Criminalizing Asylum-Seekers, Thomas M. Mcdonnell, Vanessa H. Merton
Enter At Your Own Risk: Criminalizing Asylum-Seekers, Thomas M. Mcdonnell, Vanessa H. Merton
Elisabeth Haub School of Law Faculty Publications
In nearly three years in office, President Donald J. Trump’s war against immigrants and the foreign-born seems only to have intensified. Through a series of Executive Branch actions and policies rather than legislation, the Trump Administration has targeted immigrants and visitors from Muslim-majority countries, imposed quotas on and drastically reduced the independence of Immigration Court Judges, cut the number of refugees admitted by more than 80%, cancelled DACA (Deferred Action for Childhood Arrivals), and stationed Immigration Customs and Enforcement (“ICE”) agents at state courtrooms to arrest unauthorized immigrants, intimidating them from participating as witnesses and litigants. Although initially saying that …
Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies
Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram
The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram
Faculty Scholarship
The contemporary moment provides an acute illustration of the dangers of historical amnesia—as if the Trump Administration’s policies of exclusion, extremist nationalism, and presidential imperialism were singular to ‘now,’ and entirely reversible in the next election. This Article argues to the contrary; that we have been down this road before, and the current crisis in immigration and refugee policies is the inevitable development of trends of racism, including anti-Arab, anti-Muslim racism and xenophobia, that have only become normalized by the populist resurgence of Trumpism. If this premise is correct—that we are experiencing a culmination of a historical trajectory—what lessons from …
New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies
New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies
Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Essay: Cooperative Federalism And Federal Takings After The Trump Administration's Border Wall Executive Order, Gerald S. Dickinson
Essay: Cooperative Federalism And Federal Takings After The Trump Administration's Border Wall Executive Order, Gerald S. Dickinson
Articles
The Trump Administration’s (arguably) most polemic immigration policy — Executive Order No. 13,767 mandating the construction of an international border wall along the southwest border of the United States — offers a timely and instructive opportunity to revisit the elusive question of the federal eminent domain power and the historical practice of cooperative federalism. From federal efforts to restrict admission and entry of foreign nationals and aliens (the so-called “travel ban”) to conditioning federal grants on sanctuary city compliance with federal immigration enforcement, state and local governments (mostly liberal and Democratic enclaves) today have become combative by resisting a federal …