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Selected Works

2010

Immigration

Articles 1 - 5 of 5

Full-Text Articles in Law

In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield Dec 2010

In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield

Alan E Garfield

No abstract provided.

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Car Stops, Borders, And Profiling: The Hunt For Undocumented (Illegal?) Immigrants In Border Towns, Brian Gallini, Elizabeth Young Aug 2010

Car Stops, Borders, And Profiling: The Hunt For Undocumented (Illegal?) Immigrants In Border Towns, Brian Gallini, Elizabeth Young

Brian Gallini

The much-discussed Arizona immigration statute, SB 1070, continues an effort—this time at the legislative level—to broaden the discretionary power of law enforcement. Yet, a fascinating question lies at the base of the public’s pervasive criticism of the Act: where have all the critics been? Numerous Supreme Court cases already allow for law enforcement to engage in the very practice—racial and ethnic profiling premised on “reasonable suspicion”—that has incited the emotions of so many citizens nationwide.

This Article therefore argues that the Arizona’s SB 1070, while notable for the public response to it, is merely emblematic of a much larger and …

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Beyond Status: Seeing The Whole Child, Angela D. Morrison, David B. Thronson Jul 2010

Beyond Status: Seeing The Whole Child, Angela D. Morrison, David B. Thronson

Angela D. Morrison

Competing values underlie U.S. immigration law and child welfare law. Immigration law often operates in ways that intentionally hinder family unity, which in the child welfare context enjoys tremendous constitutional protection. First, the operation of immigration law undermines family unity by failing to recognize the variety of family structures that exist, which has profound implications for millions of mixed status families, that is, families in which all family members do not hold the same immigration status. Second, immigration law hinders family unity because it does not recognize children's interests as a valid factor in immigration decisions, thereby failing to take …

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Why Not Row To The Bahamas Instead Of Miami?: The Conundrum That Awaits Cuban Elite Baseball Players Who Seek Asylum And The Economic Nirvana Of Free Agency, Danyahel Michael Norris Dec 2009

Why Not Row To The Bahamas Instead Of Miami?: The Conundrum That Awaits Cuban Elite Baseball Players Who Seek Asylum And The Economic Nirvana Of Free Agency, Danyahel Michael Norris

Danyahel Norris

...The singular goal of all Cuban baseball defectors is to sign a lucrative contract to the highest bidder... It is a matter of some loose interpretation regarding how to treat a foreign player. This lack of clarity allows for a “loophole” so that Cuban baseball defectors can avoid the Rule 4 draft and become a free agent. The draft only applies to players from the United States ... If a player came from Cuba, or some other country not listed in Rule 4, then that player would not be subject to the draft. Usually, one can only achieve free-agent status …

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U.S. Immigration Law: Where Antiquated Views On Gender And Sexual Orientation Go To Die, Marisa S. Cianciarulo Dec 2009

U.S. Immigration Law: Where Antiquated Views On Gender And Sexual Orientation Go To Die, Marisa S. Cianciarulo

Marisa S. Cianciarulo

This Essay examines the paradoxical approaches to gender and sexual orientation bias within the U.S. immigration system. On the one hand, the immigration system has managed to convey benefits to same-sex partners despite federal law prohibiting the recognition of same-sex unions for immigration purposes. Immigration law also provides benefits for victims of crimes disproportionately committed against women, such as human trafficking and domestic violence, although the systems in place for adjudicating these benefits are flawed. On the other hand, immigration law favors antiquated notions of gender roles that disadvantage U.S. citizen men and their children, and has failed to recognize …

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