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Full-Text Articles in Law
A False Sense Of Security: Due Process Failures In Removal Proceedings, Darlene Goring
A False Sense Of Security: Due Process Failures In Removal Proceedings, Darlene Goring
Journal Articles
The article explores the reasons for the failure of due process rights afforded by aliens facing criminal prosecution for unauthorized return to the U.S. after prior removal proceedings. Topics discussed include Federal enforcement of the Immigration and Nationality Act, laws governing criminal prosecution and incarceration for previously removed aliens, and disclosure of the availability of judicial review to aliens facing removal from the U.S.
The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali
The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali
Indiana Law Journal
This Article explores how current terminations of undocumented immigrants’ parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the rights of parents who have been, or who face, deportation. Often, biases toward undocumented parents affect determinations concerning parental fitness in a manner that, while different, reaps the same results as the removal of children from their families over a century ago. This Article examines cases in which courts terminated the parental rights …