Law Commons^™

Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi

Mark L Noferi

Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes

Elizabeth Keyes

In a unique corner of immigration law, a significant reallocation of power over immigration has been occurring with little fanfare. States play a dramatic immigration gatekeeping role in the process for providing protection to immigrant youth, like many of the Central American children who sought entry to the United States in the 2014 border “surge.” This article closely examines the history of this Special Immigrant Juvenile Status provision, enacted in 1990, which authorized a vital state role in providing access to an immigration benefit. The article traces the series of shifts in allocation of power between the federal government and …

What Every Lawyer Needs To Know About Immigration Law, Anna Shavers, Jennifer Hermansky, Jill Family, Lillian Kalmykov, William Jordan

Jill E. Family

The New Immigration Federalism, Stella Burch Elias

Stella Burch Elias

The Supreme Court’s recent rulings in Arizona v. United States and Chamber of Commerce v. Whiting and lower courts’ decisions in a variety of related cases have redefined the parameters of engagement in immigration regulation by local, state, and national governmental actors. These decisions, and the evolving legal, political, and policy contexts in which they arise, portend a new immigration federalism. American scholars, jurists, and policymakers previously debated whether the delegation of responsibility for some aspects of immigration regulation to states and localities was constitutionally or statutorily permissible, whether states and localities could exercise immigration-related functions without such express delegation, …

Aftermath: Deportation Law And The New American Diaspora, Daniel Kanstroom

Daniel Kanstroom

Since the passage of harsh new deportation laws in 1996, the United States has deported millions of noncitizens--many undocumented, but many others long-term legal residents with U.S. families--back to their countries of origin. The early Obama administration continued such aggressive deportation policies. But few know that once deportees have been expelled to places like Guatemala, Cambodia, Haiti, and El Salvador, many face severe isolation, alienation, persecution and, sometimes, death. Many may never be able to return. Daniel Kanstroom--author of the authoritative history of deportation, Deportation Nation--turns his attention in Aftermath to the current U.S. system and deportation's actual effects on …

Deportations And Repatriations, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Various Entries, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

A Broader View Of The U.S. Immigration Adjudication Problem, Jill Family

Jill E. Family

Aligned Incentives: Envisioning Syzygy, Karl T. Muth

Karl T Muth

In the wake of the failure of AIG, this paper deals with the question of whether incentive alignment is truly the problem with contemporary insurance products (as many in the media and the economics community have alleged) by examining two hypothetical types of insurance where incentives are extraordinarily well-aligned.

Becoming An Immigration Lawyer, Jill Family

Jill E. Family

Pulling The Trigger: Separation Violence As A Basis For Refugee Protection For Battered Women, Marisa S. Cianciarulo

Marisa S. Cianciarulo

For over a decade, women seeking asylum from persecution inflicted by their abusive husbands and partners have found little protection in the United States. During that time, domestic violence-based asylum cases have languished in limbo, been denied, or occasionally been granted in unpublished opinions that have not provided a much-needed adjudicative standard. The main case setting forth the pre-Obama approach to domestic violence-based asylum is rife with misunderstanding of the nature of domestic violence and minimization of the role that society plays in the proliferation of domestic violence. Fortunately, however, a recent Obama-administration legal brief indicates that women fleeing countries …

Developments In The Immigration Courts, Jill Family

Jill E. Family

Beyond The Plenary-Power Doctrine: How Critical Race Theory Can Help Move Us Past The Chinese Exclusion Case, Freddy R. Funes

Freddy R Funes

In few areas does Critical Race Theory (CRT) give as much insight as it does in analyzing immigration law’s plenary-power doctrine. When in need of cheap labor, the United States opens its border, and, when the economy struggles, the United States reacts with racist violence against aliens. The plenary-power doctrine, which prevents courts from reviewing the actions of the political branches in the immigration context, furthers the aliens’ oppression. Thus, while the legislative and executive branches discriminate, the courts idly stand by. But the courts’ rationalizations for the plenary-power doctrine lack merit. Due to its precarious foundation, this Paper questions …

When Immigration Borders Move, Huyen T. Pham

Huyen T. Pham

With our recent immigration enforcement efforts, we have created a new paradigm of moving borders: laws enacted at all levels of government that require proof of legal immigration status in order to obtain essential benefits like a driver’s license, a job, and rental housing. Without proof of legal status, the applicant is denied an important benefit; after cumulative denials, the applicant can be effectively denied the ability to live in the United States. What are the implications of moving border laws? Now, more than ever, proof of legal immigration status has become centrally important, not just to gain admission at …

U Visas And The Law Enforcement Certification Requirement, Marisa Cianciarulo, Neda Sargordan

Marisa S. Cianciarulo

No abstract provided.

Marisa Cianciarulo On Matter Of A-T-, 24 I. & N. Dec. 296, Marisa Cianciarulo

Marisa S. Cianciarulo

No abstract provided.

Restoring The Rule Of Law: Reflections On Fixing The Immigration System And Exploring Failed Policy Choices, Katherine L. Vaughns

Katherine L. Vaughns

This paper reflects on issues surrounding the current debate about immigration reform, and explores failed policy choices over the past twenty years. It sets the stage first by providing a historical perspective, and noting how the events of 9/11 have inexorably changed the rhetoric and tone of the political and policy debates over immigration. It speculates about legislative choices and governmental inaction that have impeded past reform efforts and/or contributed to the current situation, thus undermining the rule of law; and observes that the undocumented immigrant population working and residing in this country today, which some lawmakers have labeled lawbreakers, …

From The Reign Of Terror To Reigning In The Terrorists: Defining The Rights Of Noncitizens In The Nation Of Immigrants, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Crying Wolf Or A Dying Canary?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Citizenship, The Demands Of Justice, And The Moral Relevance Of Political Borders (With J. Coleman). , Sarah Harding

Sarah K. Harding

No abstract provided.

Balancing The Privacy Interests Of Repatriated Haitians Against The Public Interest In Asylum Procedures, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Of Morality, Politics And The Legal Order, Katherine L. Vaughns

Katherine L. Vaughns

No abstract provided.