Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Immigration Law (67)
- Labor and Employment Law (18)
- Human Rights Law (10)
- Legislation (10)
- Law and Society (8)
-
- Civil Rights and Discrimination (7)
- Administrative Law (6)
- Social and Behavioral Sciences (6)
- Criminal Law (5)
- Sociology (5)
- Law and Race (4)
- National Security Law (4)
- Constitutional Law (3)
- Criminal Procedure (3)
- Health Law and Policy (3)
- Law Enforcement and Corrections (3)
- Law and Politics (3)
- Legal Remedies (3)
- Migration Studies (3)
- President/Executive Department (3)
- Business (2)
- Education (2)
- International Humanitarian Law (2)
- Jurisprudence (2)
- Law and Economics (2)
- Legal History (2)
- Military, War, and Peace (2)
- Political Science (2)
- Politics and Social Change (2)
- Institution
-
- University of Maryland Francis King Carey School of Law (8)
- University of Michigan Law School (7)
- American University Washington College of Law (5)
- Pepperdine University (5)
- Selected Works (5)
-
- St. Mary's University (5)
- Maurer School of Law: Indiana University (4)
- University of Miami Law School (4)
- Maurice A. Deane School of Law at Hofstra University (3)
- University of Baltimore Law (3)
- Vanderbilt University Law School (3)
- Golden Gate University School of Law (2)
- New York Law School (2)
- Santa Clara Law (2)
- SelectedWorks (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- Villanova University Charles Widger School of Law (2)
- Brigham Young University (1)
- California State University, Monterey Bay (1)
- College of Saint Benedict and Saint John's University (1)
- Florida A&M University College of Law (1)
- Florida International University College of Law (1)
- Louisiana State University Law Center (1)
- Loyola Marymount University and Loyola Law School (1)
- Northwestern Pritzker School of Law (1)
- Roger Williams University (1)
- University of Central Florida (1)
- University of Colorado Law School (1)
- University of Kentucky (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Publication Year
- Publication
-
- University of Maryland Law Journal of Race, Religion, Gender and Class (7)
- University of Michigan Journal of Law Reform (6)
- Articles by Maurer Faculty (4)
- Articles (3)
- Faculty Publications (3)
-
- Hofstra Labor & Employment Law Journal (3)
- Journal of the National Association of Administrative Law Judiciary (3)
- The Scholar: St. Mary's Law Review on Race and Social Justice (3)
- Articles & Chapters (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Human Rights Brief (2)
- Pepperdine Law Review (2)
- University of Baltimore Law Review (2)
- Villanova Law Review (2)
- All Faculty Scholarship (1)
- Amanda Frost (1)
- American University Journal of Gender, Social Policy & the Law (1)
- Bernard Trujillo (1)
- Brigham Young University Prelaw Review (1)
- California Joint Committees (1)
- Capstone Projects and Master's Theses (1)
- Faculty Articles (1)
- Faculty Scholarship (1)
- Francine J. Lipman (1)
- Journal Publications (1)
- Juliet P Stumpf (1)
- Kati Griffith (1)
- Kentucky Law Journal (1)
- Law Faculty Publications (1)
- Law Faculty Scholarship (1)
- Publication Type
Articles 1 - 30 of 82
Full-Text Articles in Law
Theorizing Social Movement Practices, Christopher Lomelín, Anna Peterson
Theorizing Social Movement Practices, Christopher Lomelín, Anna Peterson
The Journal of Social Encounters
This essay contributes to the systematic and expansive exploration of social movement practices by looking more closely at symbolic and instrumental practices, on the one hand, and works of mercy and structural transformation practices, on the other. The categories we have discussed, while far from perfect, provide valuable tools to understand social movement practices and thus movements in general. We argue that attention to practices can strengthen the systematic, comparative analysis of social movements both by calling attention to previously under-studied types of activities and by illuminating the relationships between different types of practices.
The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson
The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson
The Scholar: St. Mary's Law Review on Race and Social Justice
Unaccompanied minors arrive at the United States border every day. Many brought by the hope of finding a life lived without fear, a luxury many United States citizens take for granted. Their truths become the barriers and shackles which keep them in detention centers and unaccompanied minor facilities throughout the United States; children find their very words wielded as weapons against them in immigration court. Words often spoken to therapists in perceived confidence, during counseling sessions. This practice is a systemic failure to protect unaccompanied minors arriving at our borders who are seeking protection and help. The United States …
A Weaponized Process: The Deterioration Of Asylum Administration Under Trump, David C. Portillo Jr.
A Weaponized Process: The Deterioration Of Asylum Administration Under Trump, David C. Portillo Jr.
Journal of the National Association of Administrative Law Judiciary
Under the Trump Administration, a series of Attorney General decisions increased Executive Branch scrutiny over decisions of the Board of Immigration Appeals (BIA). This scrutiny serves to advance an anti-immigration policy at the cost of denying entry of valid asylum seekers. These decisions are due to tension between the politically directed executive power of Attorneys General and the Judicial nature of the BIA. This internal contradiction results in Attorney General decisions that are arbitrary, inconsistent, employ poor reasoning, deviate from precedent, and cause inhumane effects. The structure of asylum administration, as laid out in the Immigration and Naturalization Act and …
Doers Not Dreamers: Supporting Un-Daca-Mented Students After College, Fatima Perez Murguia
Doers Not Dreamers: Supporting Un-Daca-Mented Students After College, Fatima Perez Murguia
Capstone Projects and Master's Theses
Thinking about life after college can be exciting. However, for some, it can be a scary and uncertain time. The focus issue addressed in this Capstone Project is on how to support undocumented college students better to prepare them for life after graduation. This is an important issue for undocumented college students because they are working hard to earn their degrees but cannot get a job in the fields they are prepared for. An evidence-based argument is made that investment should be made in the future of undocumented students, as they are well prepared and qualified to take on jobs …
Locking The Golden Door And Throwing Away The Key: An Analysis Of Asylum During The Years Of The Trump Administration, Samantha B. Karpman
Locking The Golden Door And Throwing Away The Key: An Analysis Of Asylum During The Years Of The Trump Administration, Samantha B. Karpman
Touro Law Review
The years of the Trump Administration have certainly been some of the most divisive in modern American political history. One of the largest divides arose from former President Trump’s brazen, “zero tolerance” immigration policies that relentlessly attacked many forms of immigration coming into the United States. Asylum-based immigration, which allows immigrants to come to this country as a safe haven when they are fleeing persecution in their home countries, was one of former President Trump’s main targets. Former President Trump even came dangerously close to eliminating asylum-based immigration with his “Death to Asylum” policy in December of 2020. President Biden …
Immigration To Blue Cities In Red States: The Battleground Between Sanctuary And Exclusion, Karla M. Mckanders
Immigration To Blue Cities In Red States: The Battleground Between Sanctuary And Exclusion, Karla M. Mckanders
Vanderbilt Law School Faculty Publications
This commentary interrogates the concept of immigration federalism, examining the political and ideological contours of state and local sanctuary laws in the context of both state and the Trump Administration's exclusionary policies. I utilize the intrastate federalism conflicts within the State of Tennessee to highlight the political dynamics that govern the passing of state and local sanctuary laws analyzing new issues that have surfaced under the Trump Administration. In this context, the commentary argues that recent immigration federalism standoffs center around political divisions which fail to engage in principled evaluations of which level of governmentfederal, state, or local--should be the …
Barring Asylum Claims: The President Versus The Statute, Peter Margulies
Barring Asylum Claims: The President Versus The Statute, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
The Path Of Most Resistance: Resisting Gang Recruitment As A Political Opinion In Central America’S Join-Or-Die Gang Culture, Ericka Welsh
The Path Of Most Resistance: Resisting Gang Recruitment As A Political Opinion In Central America’S Join-Or-Die Gang Culture, Ericka Welsh
Pepperdine Law Review
In recent years, increasing numbers of asylum-seekers from Honduras, Guatemala, and El Salvador crossed into the United States, fleeing gang violence that has driven homicide rates to record levels. These countries, known collectively as the “Northern Triangle,” now make up one of the most violent regions in the world. Transcending petty crime, gangs control entire communities in the Northern Triangle where they operate as de facto governments beyond law enforcement’s control. Gangs practice forced recruitment in these communities, creating a join-or-die gang culture where resisting recruitment is tantamount to opposition. Opposition, in turn, is met with brutal retaliation. The young …
Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez
Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Shaping Immigration Law Through A Business Law Model, Mitchell Reber
Shaping Immigration Law Through A Business Law Model, Mitchell Reber
Brigham Young University Prelaw Review
This article argues that state-produced immigration law can be a more effective method of regulating immigration when compared with current federal regulation. Currently, regulation as controlled by the federal government supersedes any laws created at the state level and subjects those laws produced by states to extensive review by the courts. The article proposes that immigration law should follow a business-law model when regulating immigration on a state level and discusses how the Immigration Reform and Control Act of 1986 needs to be reinterpreted. The article then describes three ways this change in immigration law could be implemented and confers …
Immigration Exceptionalism, David S. Rubenstein, Pratheepan Gulasekaram
Immigration Exceptionalism, David S. Rubenstein, Pratheepan Gulasekaram
Northwestern University Law Review
The Supreme Court’s jurisprudence is littered with special immigration doctrines that depart from mainstream constitutional norms. This Article reconciles these doctrines of “immigration exceptionalism” across constitutional dimensions. Historically, courts and commentators have considered whether immigration warrants exceptional treatment as pertains to rights, federalism, or separation of powers—as if developments in each doctrinal setting can be siloed. This Article rejects that approach, beginning with its underlying premise. Using contemporary examples, we demonstrate how the Court’s immigration doctrines dynamically interact with each other, and with politics, in ways that affect the whole system. This intervention provides a far more accurate rendering of …
The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith
The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith
Kati Griffith
In recent years, California has served as the primary laboratory for policy experimentation related to unauthorized immigrant workers’ rights. No other state, to date, has advanced comparable policy initiatives that preserve state-provided workers’ rights regardless of immigration status. Through close examination of two open Supremacy Clause questions under California’s Agricultural Labor Relations Act, the article illustrates that states can, as a constitutional matter, and should, as a policy matter, serve as laboratories for unauthorized immigrant worker rights. Exploring the outer boundaries of state action in this area is particularly compelling given the significant labor force participation of unauthorized immigrants in …
Disrupting Immigration: How Administrative Rulemaking Could Transform The Landscape For Immigrant Entrepreneurs, Tess Douglas
Disrupting Immigration: How Administrative Rulemaking Could Transform The Landscape For Immigrant Entrepreneurs, Tess Douglas
Pepperdine Law Review
Immigrant entrepreneurs come to the United States and start thriving companies that create jobs, drive the economy, and facilitate innovation. However, U.S. laws do not provide a clear path for immigrant entrepreneurs to lawfully enter and work in America. Therefore, immigrant entrepreneurs must seek lawful status in the United States through unusual routes. While Congress, the President, and the United States Citizenship and Immigration Services (USCIS) recognize the need for clear and accessible immigration standards for immigrant entrepreneurs, the politicized nature of immigration law has impeded significant change. This Comment details how administrative rules could offer a less politicized and …
Comments: Immigration And Modern Slavery: How The Laws Of One Fail To Provide Justice To Victims Of The Other, Shannon E. Clancy
Comments: Immigration And Modern Slavery: How The Laws Of One Fail To Provide Justice To Victims Of The Other, Shannon E. Clancy
University of Baltimore Law Review
On the first Sunday in February, Americans across the country look forward to the game of the year—the Super Bowl. Most sports fans would likely compare the anticipation and excitement of this game to that of a young child waking up on Christmas morning. This game brings in thousands of supporters to the host city each year and draws millions of television viewers. With the flashy lights, spirited fans, and debuting commercials, this game would appear to be the highlight of any person’s day. But looking behind the scenes, that is not always the case. This vast crowd also appeals …
A Funny Thing Happened On My Way To The Border . . . How The Recent Immigration Executive Orders And Subsequent Lawsuits Demonstrate The Immediate Need For Comprehensive Immigration Reform, Emily C. Callan
University of Baltimore Law Review
No abstract provided.
Birthright Citizenship Under Attack: How Dominican Nationality Laws May Be The Future Of U.S. Exclusion, Ediberto Román, Ernesto Sagas
Birthright Citizenship Under Attack: How Dominican Nationality Laws May Be The Future Of U.S. Exclusion, Ediberto Román, Ernesto Sagas
Faculty Publications
Attacks on birthright citizenship periodically emerge in the United States, particularly during presidential election cycles. Indeed, blaming immigrants for the country’s woes is a common strategy for conservative politicians, and the campaign leading up to the 2016 presidential election was not an exception. Several of the Republican presidential candidates raised the issue, with President Donald Trump making it the hallmark of his immigration reform platform. Trump promised that, if elected, his administration would “end birthright citizenship.” In the Dominican Republic, ending birthright citizenship and curbing immigration are now enshrined into law, resulting from a significant constitutional redefinition of Dominican citizenship …
Catholic Social Teaching, The Right To Immigrate, And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad G. Marzen, William Woodyard Ii
Catholic Social Teaching, The Right To Immigrate, And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad G. Marzen, William Woodyard Ii
San Diego Law Review
A number of scholars have commented on the significance of religious traditions to the debate concerning immigration policy in the United States.[1] In this Article, we contend that the Catholic legal tradition is relevant to the contemporary debate among policymakers, as it balances policy considerationsof the right to immigrate as well as the right of a nation to regulate its borders advocated on both ends of the policy debate. Section I of this Article discusses the current policy debate concerning comprehensive immigration reform and recent major legislative proposals for comprehensive immigration reform, including the plan of the “Gang of Eight” …
Productivity And Affinity In The Age Of Dignity, Stephen Lee
Productivity And Affinity In The Age Of Dignity, Stephen Lee
Michigan Law Review
This Review proceeds as follows. Part I summarizes The Age of Dignity. Part II explains how this segment of immigrant workers challenges the productivity/affinity binary that dominates immigration law’s formal migration rules. Part III shows how this binary sets up dual migration streams, both of which could account for future flows of care workers. As Part III shows, the example of the eldercare industry nicely illustrates how the employment based and family-based migration systems simply represent two different ways of filling labor needs. I then conclude.
Losing The Best And The Brightest: The Disappearing Wage Premium For H-1b Visa Recipients, Danielle M. Drago
Losing The Best And The Brightest: The Disappearing Wage Premium For H-1b Visa Recipients, Danielle M. Drago
Vanderbilt Journal of Entertainment & Technology Law
The pressure for immigration reform in the technology industry revolves heavily around the use of the H-1B visa, which allows companies to temporarily hire highly skilled workers. This Note provides an empirical analysis of the historical wages of H-1B workers and domestic workers in the technology industry to determine whether H-1B workers earn more or less than domestic workers in the same industry. In the technology industry, H-1B workers' wage premium has eroded in recent years relative to domestic workers, leading to stagnant wages that may deter the "best and the brightest" from choosing to enter into the H-1B process. …
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Articles in Law Reviews & Other Academic Journals
Immigration scholars and advocates frequently criticize our immigration system for imposing severe penalties akin to (or worse than) those in the criminal justice system — such as prolonged detention and permanent exile from the United States — without providing sufficient procedural protections to minimize enforcement errors. Yet there has been relatively little scholarship examining the frequency of errors in immigration enforcement and identifying recurring causes of those errors, in part because the data is hard to find. This Article begins by canvassing some of the publicly available data on enforcement errors, which reveal that such mistakes occur too frequently to …
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Amanda Frost
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
Loyola of Los Angeles Law Review
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 that 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 be redefined to …
As Migrant Crisis Hits U.S. Border, Texas Town Keeps It Classy, Rick Brunson
As Migrant Crisis Hits U.S. Border, Texas Town Keeps It Classy, Rick Brunson
UCF Forum
It’s a sweltering summer Sunday night in El Paso, Texas, at the city’s new downtown baseball stadium, where the local Triple-A team, the Chihuahuas, is leading the visiting Tacoma Rainiers at the seventh-inning stretch.
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh Rathod
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In recent years, labor unions in the United States have embraced the immigrants’ rights movement, cognizant that the very future of organized labor depends on its ability to attract immigrant workers and integrate them into union ranks. At the same time, the immigrants’ rights movement has been lauded for its successful organizing models, often drawing upon the vitality and ingenuity of immigrant-based worker centers, which themselves have emerged as alternatives to traditional labor unions. And while the labor and immigrants’ rights movements have engaged in some fruitful collaborations, their mutual support has failed to radically reshape the trajectory of either …
Defining American: The Dream Act, Immigration Reform And Citizenship, Elizabeth Keyes
Defining American: The Dream Act, Immigration Reform And Citizenship, Elizabeth Keyes
All Faculty Scholarship
The grassroots movement propelling the DREAM Act and immigration reform forward reveals how the definition of citizenship is undergoing a dramatic transformation, in ways both inspiring and troubling. The DREAM movement depends upon the compelling but exceptional stories of passionate, high-achieving, law-abiding youth who already define themselves as being American, and worthy of legal status. Situating this narrative in the rich literature of citizenship, the article shows how the DREAM movement effectively exposes the disjuncture between the DREAMers' identity as Americans and their lack of legal immigration status. The article celebrates how this narrative succeeds as a contrast to the …
Defining American: The Dream Act, Immigration Reform And Citizenship, Elizabeth Keyes
Defining American: The Dream Act, Immigration Reform And Citizenship, Elizabeth Keyes
Nevada Law Journal
No abstract provided.
The Legitimacy Of Crimmigration Law, Juliet P. Stumpf
The Legitimacy Of Crimmigration Law, Juliet P. Stumpf
Juliet P Stumpf
Crimmigration law—the intersection of immigration and criminal law—with its emphasis on immigration enforcement, has been hailed as the lynchpin for successful political compromise on immigration reform. Yet crimmigration law’s unprecedented approach to interior immigration and criminal law enforcement threatens to undermine public belief in the fairness of immigration law. This Article uses pioneering social science research to explore people’s perceptions of the legitimacy of crimmigration law. According to Tom Tyler and other compliance scholars, perceptions about procedural justice—whether people perceive authorities as acting fairly—are often more important than a favorable outcome such as winning the case or avoiding arrest. Legal …
Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill E. Family
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill E. Family
Journal of the National Association of Administrative Law Judiciary
Immigration adjudication is more diverse than it may seem. Scholars tend to focus on one aspect of administrative immigration adjudication, the decision-making process established to determine whether an individual may be removed (deported) from the United States. But there is a whole other function of administrative immigration adjudication that relatively is ignored in the legal literature. Immigration adjudicators are also tasked with determining whether to grant immigration benefits, such as whether to grant lawful permanent resident (green card) status. Both types of administrative immigration adjudication, removal and benefits, are in crisis. This article explores the challenges facing each and argues …