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Immigration Law

Immigration

Notre Dame Law School

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Full-Text Articles in Law

Eliminating The Fugitive Disentitlement Doctrine In Immigration Matters, Tania N. Valdez May 2022

Eliminating The Fugitive Disentitlement Doctrine In Immigration Matters, Tania N. Valdez

Notre Dame Law Review

Federal courts of appeals have declared that they may dismiss immigration appeals filed by noncitizens who are deemed “fugitives.” The fugitive disentitlement doctrine emerged in the criminal context with respect to defendants who had escaped from physical custody. Although the doctrine originated out of concerns that court orders could not be enforced against criminal fugitives, the doctrine has since crept into civil contexts, including immigration. But rather than invoking the doctrine for its originally intended purpose of ensuring that court orders could be enforced, courts now primarily invoke it for the purposes of punishment, deterrence, and protecting the dignity of …


The Legal Status Of The Refugee In The United States, Tang Thi Thanh Trai Le Jan 1994

The Legal Status Of The Refugee In The United States, Tang Thi Thanh Trai Le

Journal Articles

The Cold War era brought a shift in United States refugee policy from an emphasis on domestic policy to an emphasis on foreign policy. This meant that a large number of refugees could gain entry to the United States, but only if the refugees came from countries of foreign policy concern to the United States. The end of the Cold War and domestic economic stagnation have returned domestic and nationalistic factors to the forefront in the refugee debate. The case law and proposed legislation indicate that the United States may become less of a haven for refugees than before. Still, …