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Interagency Dynamics In Matters Of Health And Immigration, Medha D. Makhlouf Jan 2023

Interagency Dynamics In Matters Of Health And Immigration, Medha D. Makhlouf

Faculty Scholarly Works

When Congress delegates authority to an executive agency, it tells us something important about the expertise that Congress wishes to harness in policymaking on an issue. In the legal literature on interagency dynamics and cooperation, issues at the nexus of health and immigration are largely understudied. This Article extends this literature by examining how delegations of authority on issues at the intersection of health and immigration influence policymaking. In an analysis of how administrative law models apply to three topics in the shared regulatory space of the Department of Health and Human Services (“HHS”) and the Department of Homeland Security …


Requiring The Executive To Turn Square Corners: The Supreme Court Increases Agency Accountability In Department Of Homeland Security V. Regents Of The University Of California, Claudia J. Bernstein Jan 2022

Requiring The Executive To Turn Square Corners: The Supreme Court Increases Agency Accountability In Department Of Homeland Security V. Regents Of The University Of California, Claudia J. Bernstein

Dickinson Law Review (2017-Present)

Administrative agencies frequently promulgate rules that have dramatic effects on peoples’ lives. Deferred Action for Childhood Arrivals (“DACA”) is one such example. DACA grants certain unlawful immigrants a temporary reprieve from deportation, as well as ancillary benefits such as work permits. In 2017, the Department of Homeland Security (“DHS”) sought to rescind DACA on the basis that the program violates the Immigration and Nationality Act.

This Comment analyzes the recent Supreme Court decision about DACA’s recission in Department of Homeland Security v. Regents of University of California. In rejecting DHS’s attempt to rescind DACA, the Court strengthened agency accountability …


The End Of Special Treatment For Cubans In The U.S. Immigration System: Consequences And Solutions For Cubans With Final Orders Of Removal, Lindsay Daniels Jan 2018

The End Of Special Treatment For Cubans In The U.S. Immigration System: Consequences And Solutions For Cubans With Final Orders Of Removal, Lindsay Daniels

Dickinson Law Review (2017-Present)

In January 2016, former President Obama announced the end of the “Wet-Foot, Dry-Foot” Policy, which granted special immigration benefits to Cuban migrants. As part of the agreement to end this policy, the Cuban government agreed to take back its citizens with final orders of removal for criminal convictions, an action that it had refused to take for decades. This Comment will begin by exploring past and present immigration policies between the United States and Cuba, including recent developments like the normalization of relations and the impact of President Trump’s immigration policies.

This Comment will then explore possible avenues of relief …


Stopping The Clock: Resolving The Circuit Split Over The Notice To Appear And The Stop-Time Rule Under The Immigration And Nationality Act, Maria Kennison Jan 2018

Stopping The Clock: Resolving The Circuit Split Over The Notice To Appear And The Stop-Time Rule Under The Immigration And Nationality Act, Maria Kennison

Dickinson Law Review (2017-Present)

The Immigration and Nationality Act (INA or “the Act”) is the primary governing body of law on immigration in the United States. The INA establishes the procedures for removing noncitizens from the country.

To initiate removal proceedings, the Department of Homeland Security (DHS) serves a Notice to Appear (NTA) on a noncitizen deemed to be removable. The INA specifies information to be contained in the NTA, including the hearing date and location. A form of relief from removal that noncitizens may apply for is cancellation of removal, which is contingent on factors such as continuous residence in the United States …