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Articles 1 - 30 of 592
Full-Text Articles in Law
Off The Marques: An Exploration Of Arbitrariness In Immigration Law Through Marques V. Lynch, Patrick Fields
Off The Marques: An Exploration Of Arbitrariness In Immigration Law Through Marques V. Lynch, Patrick Fields
Mississippi College Law Review
Ronaldo de Lima Marques appeared to hit the jackpot. He paid a United States citizen to marry him, submitted immigration paperwork on the basis of that fraudulent marriage, and waited. His goal: become a permanent resident of the United States; stay in the country as long as he pleased; perhaps become a U.S. citizen. He succeeded. On September 9, 2006, Mr. Marques received authority from the United States government to make this country his permanent home. He did it. He hoodwinked the system.
His days of peace, however, were limited. Despite an initial failure to detect his sham marriage, the …
It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez
It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez
The Scholar: St. Mary's Law Review on Race and Social Justice
We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …
Forced Back Into The Lion's Mouth: Per Se Reporting Requirements In U.S. Asylum Law, Amelia S. Mcgowan
Forced Back Into The Lion's Mouth: Per Se Reporting Requirements In U.S. Asylum Law, Amelia S. Mcgowan
Marquette Law Review
This Article makes a significant contribution to scholarship on asylum
law by identifying and calling for the abolition of a deadly (but unexplored)
development in asylum law: per se reporting requirements. In jurisdictions
where they apply, per se reporting requirements automatically bar protection
to asylum seekers solely because they did not report their non-state persecutors
(such as cartels or domestic abusers) to the authorities before fleeing, even
where reporting would have been futile or dangerous. These requirements
similarly provide no exception where law enforcement openly support an
applicant’s persecutor.
This Article demonstrates that even though per se reporting requirements
have …
Human Rights Without Borders, Christian Gonzalez Chacon
Human Rights Without Borders, Christian Gonzalez Chacon
Northwestern Journal of Human Rights
In the current global context, millions of people are forced to migrate
yearly for reasons ranging from persecution and violence, internal armed
conflicts, and forced displacement, to lack of employment and climate
change. In the Americas, we recently witnessed the phenomenon of the
“migrant caravans,” where thousands of people, mostly from the Northern
Triangle of Central America—El Salvador, Honduras, and Guatemala—
were willing to walk hundreds of miles to enter the U.S.-Mexico border to
escape poverty and violence in their countries. Another caravan of close to
10,000 migrants from the Northern Triangle of Central America including
Guatemala, El Salvador and …
“Help Is Here”: How A Daca Pathway To Citizenship Will Help Save The Social Security Fund, Jissel Esparza
“Help Is Here”: How A Daca Pathway To Citizenship Will Help Save The Social Security Fund, Jissel Esparza
Arkansas Law Review
Two federal programs hold their beneficiaries in limbo: DACA and Social Security. This Comment demonstrates that creating a citizenship pathway for the DACA population will not only give these deserving individuals the ability and security to remain in the United States but will also provide relief to Social Security’s impending insolvency through the influx of taxes that these then citizens will contribute as a result of increased opportunities. At the same time, this Comment does not attempt to portray its argument as a “silver bullet.” Rather, this approach is one tool that can be utilized by legislative efforts to remedy …
Having Decency Towards Immigrants Requires The Abolition Of For-Profit Detention Centers, Ariadna Quinares Navarrete
Having Decency Towards Immigrants Requires The Abolition Of For-Profit Detention Centers, Ariadna Quinares Navarrete
Seattle Journal for Social Justice
No abstract provided.
Opting Out Of The Exception: Washington’S Opportunity To Provide Due Process For Detained Immigrants, Ryan Saunders
Opting Out Of The Exception: Washington’S Opportunity To Provide Due Process For Detained Immigrants, Ryan Saunders
Seattle Journal for Social Justice
No abstract provided.
Immigration Detention Abolition And The Violence Of Digital Cages, Sarah Sherman-Stokes
Immigration Detention Abolition And The Violence Of Digital Cages, Sarah Sherman-Stokes
University of Colorado Law Review
The United States has a long history of pernicious immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs Enforcement (ICE) shackles and surveils an astounding 376,000 people under its “Alternatives to Detention” (“ATD”) program. The number of people subjected to this surveillance has grown dramatically in the last two decades, from just about 1,700 in 2005. ICE’s rapidly expanding Alternatives to Detention program is a “digital cage,” consisting of GPS-outfitted ankle shackles and invasive phone and location tracking. Government officials and some immigrant advocates have characterized these digital cages as …
Lexisnexis’S Contract With Ice As Unjust Enrichment, Lizzie Bird
Lexisnexis’S Contract With Ice As Unjust Enrichment, Lizzie Bird
University of Colorado Law Review
For $22.1 million, LexisNexis is currently helping Immigration and Customs Enforcement (ICE) surveil, detain, and deport noncitizens. Like other data brokers, LexisNexis’s role in the collection and sale of personal information has largely been ignored by regulators, judges, and the public. A recent lawsuit against LexisNexis in Illinois includes, among other claims, a claim of unjust enrichment. This often misunderstood and unpopular claim has a complex history which presents both a barrier to relief and an opportunity for advocates to push courts to clarify the doctrine. This Note examines the history of the theory of unjust enrichment, surveys its recent …
Filling The Gap: The Case For Driver's Licenses As A Lifeline To Opportunity For Undocumented Immigrants Where The Federal Government Fails To Act On Comprehensive Immigration Reform, David Peraza
FIU Law Review
The federal government has repeatedly failed at passing comprehensive immigration reform, which would provide basic benefits to the undocumented population in the U.S, including driver’s licenses. Various states have made attempts to provide undocumented immigrants with driver’s licenses. This work address the benefits and drawbacks of these policies and ultimately posits that holdout states should enact policies to provide driver’s licenses to undocumented immigrants in the face of the federal government’s inaction.
Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust
Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust
University of Miami Inter-American Law Review
This note explores the complex relationship between climate change and Human migration, and the ensuing complications for the United States immigration scheme. Climate change can both directly and indirectly contribute to human migration, yet the United States’ regulatory scheme is unprepared for this reality and its consequences. Through analyzing several separate migratory events in Haiti, the specific failures of the United States status quo immigration systems become clearer. Further, the note will identify frameworks that could offer relief to climate-related migrants.
What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori Delaney
University of Cincinnati Law Review
No abstract provided.
The Second Amendment's "People" Problem, Pratheepan Gulasekaram -- Professor Of Law
The Second Amendment's "People" Problem, Pratheepan Gulasekaram -- Professor Of Law
Vanderbilt Law Review
The Second Amendment has a "people" problem. In 2008, District of Columbia v. Heller expanded the scope of the Second Amendment, grounding it in an individualized right of self-protection. At the same time, Heller's rhetoric limited "the people" of the Second Amendment to "law-abiding citizens." In 2022, New York State Rifle & Pistol Ass'n v. Bruen doubled down on the Amendment's self-defense rationales but, once again, framed the right as one possessed by "citizens." In between and after the two Supreme Court cases, several lower federal courts, including eight federal courts of appeals, wrestled with the question whether the right …
Texas's "Operation Lone Star": The Supremacy Clause And Dual Federalism In Light Of Arizona V. United States, Reynaldo Ramirez, Jr
Texas's "Operation Lone Star": The Supremacy Clause And Dual Federalism In Light Of Arizona V. United States, Reynaldo Ramirez, Jr
Texas A&M Law Review
The Supremacy Clause of Article Six of the United States Constitution was enacted to remedy the failures of the Articles of Confederation. Initially, the states enjoyed near-boundless state sovereignty in nearly all aspects of the first federalist government. However, in practice, the necessity of federal supremacy for conducting the business of governing obligated the states to prioritize national interests above the states’ sovereignty. To do so required revision of the Articles of Confederation. This drafting culminated in the contentious ratification of the Constitution in 1788, including the Supremacy Clause and the Tenth Amendment. That said, ratifying the Supremacy Clause and …
Border Enforcement As State-Created Danger, Jenny-Brooke Condon, Lori A. Nessel
Border Enforcement As State-Created Danger, Jenny-Brooke Condon, Lori A. Nessel
St. John's Law Review
(Excerpt)
A woman seeks refuge at the U.S. border, but U.S. officials force her to wait for her asylum hearing in Mexico where a police officer later stalks and rapes her. A father and child suffer unbearable trauma after U.S. officials separate them under a policy aimed at deterring migration. A formerly healthy family loses a loved one to the coronavirus while forced to wait at an unsanitary, makeshift tent city in Mexico after fleeing for safety to the United States. For the people impacted by U.S. border policies, the southern border is a dangerous place—it is the site of …
Introduction, Rosemary Salomone
Introduction, Rosemary Salomone
St. John's Law Review
(Excerpt)
This issue of the St. John’s Law Review includes several Articles that were initially presented at the Law Review’s Fall 2022 virtual symposium. The symposium commemorated the 40th anniversary of the Supreme Court’s landmark decision in Plyler v. Doe as a starting point for discussing current immigration law in the United States. It was dedicated in memory of Professor Michael A. Olivas, who held the William B. Bates Distinguished Chair in Law (Emeritus) and was the Director of the Institute for Higher Education Law and Governance at the University of Houston Law Center. Professor Olivas, a passionate advocate of …
Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments, Bianka Ukleja
Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments, Bianka Ukleja
Refugee Law & Migration Studies Brief
First, this paper will describe the U.S.’s anticorruption commitments under international law. Next, it will present the general features of current U.S. refugee and asylum law, pertaining to particular social group (PSG) and political opinion claims. Last, this paper will discuss how the Biden Anti-Corruption Memo provides fertile ground for DHS to initiate an informal rulemaking process under the Administrative Procedure Act (APA) to engage civil society on how U.S. refugee and asylum laws can better support a pathway to citizenship for anti-corruption activists in pursuit of key U.S. foreign policy interests abroad and who find themselves unable to seek …
Can Bilateral Agreements On Migration Control Be A New Way For The Global Compact On Refugees (Gcr) And The Global Compact On Safe, Orderly And Regular Migration (Gcm)?, Ayse Yildiz-Demir
Can Bilateral Agreements On Migration Control Be A New Way For The Global Compact On Refugees (Gcr) And The Global Compact On Safe, Orderly And Regular Migration (Gcm)?, Ayse Yildiz-Demir
Refugee Law & Migration Studies Brief
Both externalization and external dimension of migration control play critical roles in the contained mobility around the world, especially in the southern external borders of the EU in the last decades. Externalization aims to contain mobility of migrants (including irregular migrants, refugees, asylum seekers or economic migrants) beyond national borders of destination states by using different practices such as push-back operations at the sea or keeping migrants in the extraterritorial camps until the evaluation of their asylum claims. On the other hand, the external dimension pursues migration control via carrying out softer policies than externalization. As one of most popular …
The ‘100-Mile Border Zone’ And The Surveillance Of Frontline Immigrant Advocates, Brandon Burkey, Isabella Jackson
The ‘100-Mile Border Zone’ And The Surveillance Of Frontline Immigrant Advocates, Brandon Burkey, Isabella Jackson
The Reporter: Social Justice Law Center Magazine
No abstract provided.
Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez
Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez
Journal of the National Association of Administrative Law Judiciary
This article examines the historical pattern of denying immigration in the U.S. on moral and supposedly Christian grounds. Although it is reasonable that no nation is duty-bound to welcome every foreigner and provide the same benefits afforded those with full citizenship, this article contends that a genuinely Christian response demands the biblical core value of hospitality to others. Indeed, xenophobia is the antithesis of hospitality and cannot be supported by a faithful, exegetical interpretation of the Christian Bible. It should be noted that this article does not propose the emergence of an American theocracy; however, hospitality-based dialogue and humanitarian principles …
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul
Journal of the National Association of Administrative Law Judiciary
The United States’ immigration court system is located within the U.S. Department of Justice’s Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney general uses this authority, his decision cannot be reconsidered, and his opinion becomes precedent. Immigration courts are unique in that no other court system is located within or controlled by the executive branch. Focusing on key historical eras, this Comment compares the development of immigration law and policy with …
An Old Illness: How The United States Uses Racist And Xenophobic Ideas About Disease To Exclude Haitian Migrants During The Covid-19 Pandemic, Emily Mcconnville
An Old Illness: How The United States Uses Racist And Xenophobic Ideas About Disease To Exclude Haitian Migrants During The Covid-19 Pandemic, Emily Mcconnville
Indiana Journal of Law and Social Equality
No abstract provided.
Adopting Nationality, Irina D. Manta, Cassandra Burke Robertson
Adopting Nationality, Irina D. Manta, Cassandra Burke Robertson
Washington Law Review
Contrary to popular belief, when a child is adopted from abroad by an American citizen and brought to the United States, that child does not always become an American citizen. Many adoptees have not discovered until years later (sometimes far into adulthood) that they are not actually citizens, and some likely still do not know. To address this problem, the Child Citizenship Act of 2000 (CCA) was enacted to automate citizenship for certain international adoptees, but it does not cover everyone. Tens of thousands of adoptees still live under the assumption that they are American citizens when, in fact, they …
Attachment Issues: Assessing The Relationship Between Newcomers And The Constitution, Ashley Mantha-Hollands
Attachment Issues: Assessing The Relationship Between Newcomers And The Constitution, Ashley Mantha-Hollands
William & Mary Bill of Rights Journal
Are you attached to the principles of the U.S. Constitution? How do you prove it—do you feel it, or just know it? What role does it play in your daily life as a citizen? Ever since one of the first acts of the U.S. Congress, the Naturalization Act of 1795, applicants for citizenship have been required to demonstrate that they are “attached to the principles of the [C]onstitution of the United States.” This requirement has been at the forefront of fierce debates in U.S. constitutional history and, although it has had limited usage after WWII, it has recently been brought …
Impacted Communities Leading Authentic Legal Mobilization: A Refugee-Led Access-To-Justice Story, Douglas Smith
Impacted Communities Leading Authentic Legal Mobilization: A Refugee-Led Access-To-Justice Story, Douglas Smith
Journal of Civil Rights and Economic Development
(Excerpt)
I have a modest proposal to begin addressing the civil access-to-justice problem in the United States: eliminate the barriers for refugees to provide legal representation. In discussions of access to civil justice, immigration and immigrant rights compel our attention—images of children as young as three facing deportation without representation and non-citizens detained because of civil immigration infractions come to mind. But we hear less about the access-to-justice challenges of immigrants fighting for their rights to safe housing, public benefits, education for their children, or often-contingent or under-the-table jobs. The cries of immigrant communities about informal and formal threats from …
A Better Way: Uncoupling The Right To Counsel With The Threat Of Deportation For Unaccompanied Immigrant Children And Beyond, Laura Barrera
A Better Way: Uncoupling The Right To Counsel With The Threat Of Deportation For Unaccompanied Immigrant Children And Beyond, Laura Barrera
Journal of Civil Rights and Economic Development
(Excerpt)
The stakes could not be higher in immigration court—families are separated; people are banished from their communities with little hope of ever legally returning; judges relegate individuals to seemingly arbitrary and indefinite detention in remote locations. Each of these hardships—and more—flow from the threat of deportation. As the Supreme Court noted in 1922, deportation “may result . . . in . . . all that makes life worth living.”
As has been the unfortunate norm in civil proceedings, many individuals face these trials without an attorney by their side because while the law states that respondents in immigration court …
Grabbing The Bull By The Horns: Jurisprudential, Ethical, And Other Lessons For Lawyers And Law Students In The Immigration Labyrinth And Beyond, Mark L. Jones
University of Arkansas at Little Rock Law Review
No abstract provided.
Chevron: Fueling The Right Against Title 42 And The Denial Of U.S. Asylum Rights, Nicholas Pierre-Paul
Chevron: Fueling The Right Against Title 42 And The Denial Of U.S. Asylum Rights, Nicholas Pierre-Paul
University of Miami Inter-American Law Review
This Note was inspired by the questionable treatment of Haitian asylum seekers in Del Rio, Texas, where horseback U.S. officials charged at them using reins as whips, before immediately deporting them back to Haiti. The U.S. government justified its actions by claiming that Title 42 permits U.S. officials to prohibit the entry of individuals when there is a danger of introducing certain diseases, such as COVID-19. However, Title 42 conflicts with the United States’ codified commitment to the principle of non-refoulment, prohibiting it from returning certain refugees to a country where their life or freedom would be threatened. Accordingly, the …
Sanchez V. Mayorkas: Is This The End Of Green Cards For Temporary Protected Status Holders?, Thalia G. Rivet
Sanchez V. Mayorkas: Is This The End Of Green Cards For Temporary Protected Status Holders?, Thalia G. Rivet
University of Miami Inter-American Law Review
This Note was inspired by the U.S. Supreme Court’s decision in Sanchez v. Mayorkas. This decision put an end to the decade-long circuit split over whether a Temporary Protected Status (“TPS”) recipient, who entered the United States unlawfully, could still become a Lawful Permanent Resident (“LPR”). Since its inception, TPS holders have been denied an avenue to adjust their status despite their socioeconomic impact on the United States and every TPS-designated country. This Note will break down and analyze the decision in Sanchez v. Mayorkas through (1) the examination of the circuit split cases, (2) the analysis of TPS holder’s …
Protecting American Blood From "Alien Contamination": Should Strict Scrutiny Apply To The Racist Roots Of 8 U.S.C. § 1326? United States V. Carrillo-Lopez, 555 F. Supp. 3d 996 (D. Nev. 2021), Brenda Pfahnl
Mitchell Hamline Law Review
No abstract provided.