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Articles 1 - 4 of 4
Full-Text Articles in Law
Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe
Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe
Law Faculty Scholarship
[Excerpt] “Historically, liberals have tended to hold more expansive understandings of the scope of federal power. Conservatives, on the other hand, have tended to embrace stronger theories of federalism -- the term we use to describe the reservation of government power to state and local governments under the Constitution.”
Getting Kids Out Of Harm's Way: The United States' Obligation To Operationalize The Best Interest Of The Child Principle For Unaccompanied Minors, Erin B. Corcoran
Getting Kids Out Of Harm's Way: The United States' Obligation To Operationalize The Best Interest Of The Child Principle For Unaccompanied Minors, Erin B. Corcoran
Law Faculty Scholarship
The government estimates by the end of the fiscal year over 90,000 children will enter the United States. According to the United Nations High Commissioner for Refugees 58% of these children were forcibly displaced and are potentially in need of international protection. However, in U.S. immigration law unaccompanied children are often seen as illegal migrants and law enforcement prioritizes their “alien” status over their status as children. As the crisis escalates, many of these children are being housed at emergency shelters in icebox-cold cells – nicknamed hierleras, Spanish for freezers, with no access to food or medical care, while DHS …
Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law, Erin B. Corcoran
Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law, Erin B. Corcoran
Law Faculty Scholarship
Bipartisan politics has prevented meaningful reform to a system in dire need of solutions: Immigration. Meanwhile there are eleven million noncitizens with no valid immigration status who currently reside in the United States and the Department of Homeland Security (DHS) does not have the necessary resources to effect their removal. DHS does have the authority through prosecutorial discretion to prioritize these cases and provide relief to individuals with compelling circumstances that warrant humanitarian consideration; nonetheless, DHS’s exercise of prosecutorial discretion is underutilized, inconsistently applied and lacks transparency. This Article suggests a remedy – that the immigration prosecutor’s role should redefined …
Bypassing Civil Gideon: A Legislative Proposal, Erin B. Corcoran
Bypassing Civil Gideon: A Legislative Proposal, Erin B. Corcoran
Law Faculty Scholarship
Eighty-four percent of immigrants appearing before immigration judges are unrepresented. Immigration judges are overwhelmed with the dual role of adjudicating cases and serving as counsel to pro se individuals appearing before them. In addition, due to the rising costs of retaining a lawyer, immigrants are turning to immigrant consultants. These incompetent and unscrupulous individuals are preying on vulnerable immigrants and engaging in the unauthorized practice of law. In addressing unmet legal needs for immigrants, most advocacy efforts for immigrants regarding the acquisition of competent representation focus on persuading the courts that immigrants appearing before an immigration judge have a constitutional …