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Administrative Law

Immigration Law

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Full-Text Articles in Law

Cooperative Enforcement In Immigration Law, Amanda Frost Oct 2017

Cooperative Enforcement In Immigration Law, Amanda Frost

Amanda Frost

ABSTRACT: Immigration officials take two approaches to unauthorized immigrants: Either they seek to deport them, or they exercise prosecutorial discretion, allowing certain categories of unauthorized immigrants to remain in the United States without legal status. Neither method is working. The executive lacks the resources to remove more than a small percentage of the unauthorized population each year, and prosecutorial discretion is by definition an impermanent solution that leaves unauthorized immigrants vulnerable to exploitation at both work and home - harming not just them, but also the legal immigrants and U.S. citizens with whom they live and work.

This Article: suggests …

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Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes Aug 2015

Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes

Elizabeth Keyes

In a unique corner of immigration law, a significant reallocation of power over immigration has been occurring with little fanfare. States play a dramatic immigration gatekeeping role in the process for providing protection to immigrant youth, like many of the Central American children who sought entry to the United States in the 2014 border “surge.” This article closely examines the history of this Special Immigrant Juvenile Status provision, enacted in 1990, which authorized a vital state role in providing access to an immigration benefit. The article traces the series of shifts in allocation of power between the federal government and …

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An Unexceptional Aspect Of President Obama's Immigration Executive Actions, Jill Family Jan 2015

An Unexceptional Aspect Of President Obama's Immigration Executive Actions, Jill Family

Jill E. Family

Discussing Obama's recent immigration executive actions and the Obama administration's exercises of executive power.

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Constructing Illegality In America: Immigrant Experiences, Critiques, And Resistance, Daniel Kanstroom, Cecilia Menjívar Oct 2013

Constructing Illegality In America: Immigrant Experiences, Critiques, And Resistance, Daniel Kanstroom, Cecilia Menjívar

Daniel Kanstroom

The topic of 'illegal' immigration has been a major aspect of public discourse in the United States and many other immigrant-receiving countries. From the beginning of its modern invocation in the early twentieth century, the often ill-defined epithet of human 'illegality' has figured prominently in the media; in vigorous public debates at the national, state, and local levels; and in presidential campaigns. In this collection of essays, contributors from a variety of disciplines - anthropology, law, political science, religious studies, and sociology - examine how immigration law shapes immigrant illegality, how the concept of immigrant illegality is deployed and lived, …

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The Legitimacy Of Crimmigration Law, Juliet P. Stumpf Aug 2013

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 …

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Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill Family Dec 2012

Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill Family

Jill E. Family

Immigration law relies on rules that bind effectively, but not legally, to adjudicate millions of applications for immigration benefits every year. This article provides a blueprint for immigration law to improve its use of these practically binding rules, often called guidance documents. The agency that adjudicates immigration benefit applications, United States Citizenship and Immigration Services (USCIS), should develop and adopt its own Good Guidance Practices to govern how it uses guidance documents. This article recommends both a mechanism for reform, the Good Guidance Practices, and tackles many complex issues that USCIS will need to address in creating its practices. The …

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Opinion Analysis: Deferring To (Even More) Limited Relief From Removal, Jill Family May 2012

Opinion Analysis: Deferring To (Even More) Limited Relief From Removal, Jill Family

Jill E. Family

In a unanimous decision on Monday, the Court held that the Department of Justice’s Board of Immigration Appeals (BIA) reasonably construed a statute to forbid the imputation of a parent’s U.S. residency and immigration status to a child to compute the child’s eligibility for relief from removal (deportation).  The Court reversed the decision of the Ninth Circuit in Holder v. Gutierrez, consolidated with Holder v. Sawyers.

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Panel Two: Should There Be Remote Public Access To Court Filings In Immigration Cases?, The Honorable Robert Hinkle, David Mccraw, Daniel Kanstroom, Eleanor Acer Feb 2012

Panel Two: Should There Be Remote Public Access To Court Filings In Immigration Cases?, The Honorable Robert Hinkle, David Mccraw, Daniel Kanstroom, Eleanor Acer

Daniel Kanstroom

No abstract provided.

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Argument Recap: Imputing Eligibility For Relief From Removal, Jill Family Jan 2012

Argument Recap: Imputing Eligibility For Relief From Removal, Jill Family

Jill E. Family

At oral argument on January 18, the Court questioned the attorneys in Holder v. Gutierrez and Holder v. Sawyers about calculating relief from removal.  At issue in these consolidated cases is whether a parent’s immigration status and residency in the United States may be imputed to a minor child to calculate eligibility for relief from removal.  The Board of Immigration Appeals (BIA) said no; the U.S. Court of Appeals for the Ninth Circuit said yes.

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Argument Preview: Calculating Relief From Removal, Jill Family Jan 2012

Argument Preview: Calculating Relief From Removal, Jill Family

Jill E. Family

Holder v. Gutierrez and Holder v. Sawyers call into question the BIA’s decision to forbid the imputation of a parent’s immigration status and residency in the United States to a minor child for the purpose of calculating eligibility for relief from removal.  Scratching that simple surface reveals a complex history of imputation and relief from removal.

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Aftermath: Deportation Law And The New American Diaspora, Daniel Kanstroom Dec 2011

Aftermath: Deportation Law And The New American Diaspora, Daniel Kanstroom

Daniel Kanstroom

Since the passage of harsh new deportation laws in 1996, the United States has deported millions of noncitizens--many undocumented, but many others long-term legal residents with U.S. families--back to their countries of origin. The early Obama administration continued such aggressive deportation policies. But few know that once deportees have been expelled to places like Guatemala, Cambodia, Haiti, and El Salvador, many face severe isolation, alienation, persecution and, sometimes, death. Many may never be able to return. Daniel Kanstroom--author of the authoritative history of deportation, Deportation Nation--turns his attention in Aftermath to the current U.S. system and deportation's actual effects on …

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Deportations And Repatriations, Daniel Kanstroom Dec 2011

Deportations And Repatriations, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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Administrative Law Through The Lens Of Immigration Law, Jill Family Dec 2011

Administrative Law Through The Lens Of Immigration Law, Jill Family

Jill E. Family

Immigration law does lag behind in the advancement of public law, but not in all respects. While immigration law is idiosyncratic in many ways, this article finds immigration law in the administrative law mainstream when it comes to its troubles with nonlegislative rules (sometimes called guidance documents). There are concerns throughout administrative law that agencies use such rules to bind regulated parties practically, even if not legally, without the procedural protections of notice and comment.
This article analyzes immigration troubles with nonlegislative rules and makes three main contributions. First, it casts new light on the negative effects of guidance documents …

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Immigration Law: Current Challenges And The Elusive Search For Legal Integrity, Daniel Kanstroom Dec 2011

Immigration Law: Current Challenges And The Elusive Search For Legal Integrity, Daniel Kanstroom

Daniel Kanstroom

This chapter offers an overview of deep questions about immigration and deportation law and practice. It includes a discussion of recent deportation policies and Supreme Court precedents.

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Deportation, Social Control, And Punishment: Some Thoughts About Why Hard Laws Make Bad Cases, Daniel Kanstroom Nov 2011

Deportation, Social Control, And Punishment: Some Thoughts About Why Hard Laws Make Bad Cases, Daniel Kanstroom

Daniel Kanstroom

From the Author’s Introduction: We live in a time of unusual vigor, efficiency, and strictness in the deportation of long-term permanent resident aliens convicted of crimes. This situation is the result of some fifteen years of relatively sustained attention to this issue, which culminated in two exceptionally harsh laws: the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). In many cases, these laws have brought about a rather complete convergence between the criminal justice and deportation systems. Deportation is now often a virtually automatic consequence of criminal …

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Beyond Decisional Independence: Uncovering Contributors To The Immigration Adjudication Crisis, Jill Family Feb 2011

Beyond Decisional Independence: Uncovering Contributors To The Immigration Adjudication Crisis, Jill Family

Jill E. Family

The conversation about immigration adjudication has shifted from one detailing shortcomings to one addressing solutions. When formulating solutions, it is important to look beyond any one contributor to the crisis and to promote a holistic view. Recent proposals for immigration adjudication reform acknowledge that fixing the system requires a multi-faceted approach. This article confirms the need for such an approach by showing how one popular cause of the crisis - a lack of decisional independence - only scratches the surface of what ails the immigration adjudication system. Along the way, the article uncovers and evaluates underappreciated crisis contributors.
While decisional …

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Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill Family Dec 2010

Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill Family

Jill E. Family

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 …

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A Broader View Of The U.S. Immigration Adjudication Problem, Jill Family Dec 2010

A Broader View Of The U.S. Immigration Adjudication Problem, Jill Family

Jill E. Family

Immigration adjudication is ailing. A combination of problems within the administrative system and steady efforts to narrow the role of the federal courts has resulted in a system subject to much criticism. It is not unusual to find court of appeals judges describing the administrative adjudication system as dysfunctional.

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Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless Dec 2009

Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless

Rebecca Sharpless

The ill-defined law-fact distinction often stands as the gatekeeper to judicial review of an agency deportation order, restricting non-citizens facing deportation to raising only questions of law when appearing before an appellate court. The restriction on review most affects cases whose dispositions typically turn on the resolution of factual issues, including claims under Article 3 of the Convention Against Torture and claims for discretionary relief from deportation like cancellation of removal. Convention Against Torture claims, for example, often involve extensive fact-finding on the part of the immigration judge regarding conditions in the applicant’s home country and the applicant’s personal circumstances. …

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Becoming An Immigration Lawyer, Jill Family Dec 2009

Becoming An Immigration Lawyer, Jill Family

Jill E. Family

This book is an essential resource for law students and lawyers interested in a career in administrative law. In the first half of the book, a national expert describes the field, and outlines your optimal entry strategies. The second half offers individual, personalized examples of the various career paths in administrative law, and details the demands and rewards of each. The "how-to" essays are authored by 19 of the leading law firm practitioners, government agency counsels, federal administrative law judges, non-profit group advocates and legal educators. In plain language, they open your eyes to the many rewarding careers that lie …

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Pro Bono In Action: An Immigrant's Need For Representation, Jill E. Family Dec 2009

Pro Bono In Action: An Immigrant's Need For Representation, Jill E. Family

Jill E. Family

Legal representation always matters, but the need for representation intensifies when the most basic rights are at
stake. In immigration removal (deportation) cases, the federal government adjudicates whether an individual may
live and work in the United States, or whether that person must relocate to another country. Reasons for wanting
to be in the United States vary, from a desire to remain with family to a fear for one's life in a home country. In these immigration proceedings, an executive branch employee, an immigration judge, applies the Immigration and Nationality Act, a body of statutes long recognized to rival the …

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A Broader View Of The Immigration Adjudication Problem, Jill Family Dec 2008

A Broader View Of The Immigration Adjudication Problem, Jill Family

Jill E. Family

Are too many individuals diverted from civil immigration adjudication? Each year, the government completes millions of diversions from civil immigration adjudication through explicit and implicit waivers, the expedited removal program and the increasing criminalization of immigration law.
By uncovering and analyzing this diversion phenomenon, this article exposes an important piece of the immigration adjudication problem that has been largely undiagnosed. While judges, scholars, government officials and practitioners have acknowledged serious problems within the civil immigration adjudication system, this article widens the view to incorporate the issue of whether too many are being sidetracked from the system altogether.
This article concludes …

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Developments In The Immigration Courts, Jill Family Dec 2008

Developments In The Immigration Courts, Jill Family

Jill E. Family

This is the tenth in the annual series of volumes on Developments in Administrative Law and Regulatory Practice. This book describes and analyzes current developments in administrative law and regulatory practice, both by process, (e.g. judicial review and rulemaking), and by areas (i.e. particular areas of practice).

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Immigration, Daniel Kanstroom Dec 2008

Immigration, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless Dec 2007

Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless

Rebecca Sharpless

When determining the legal effect of a conviction under immigration law, adjudicators claim to apply a uniform, federal standard that prohibits fact finding regarding the underlying circumstances that gave rise to the conviction. This categorical analysis of crimes is firmly rooted in all levels of administrative and federal court case law. Yet fundamental confusion exists concerning what it means to apply a categorical approach to evaluating when a criminal conviction is of a type that triggers deportation. This article demonstrates that a source of this confusion is a misunderstanding of the nature of a conviction and the difference between a …

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Deportation Nation: Outsiders In American History, Daniel Kanstroom Dec 2006

Deportation Nation: Outsiders In American History, Daniel Kanstroom

Daniel Kanstroom

The danger of deportation hangs over the head of virtually every noncitizen in the United States. In the complexities and inconsistencies of immigration law, one can find a reason to deport almost any noncitizen at almost any time. In recent years, the system has been used with unprecedented vigor against millions of deportees.

We are a nation of immigrants--but which ones do we want, and what do we do with those that we don’t? These questions have troubled American law and politics since colonial times.

Deportation Nation is a chilling history of communal self-idealization and self-protection. The post-Revolutionary Alien and …

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The Many Sides Of Immigration Law And Policy, Jill E. Family Dec 2005

The Many Sides Of Immigration Law And Policy, Jill E. Family

Jill E. Family

At First Glance, immigration law might appear as a narrow and secluded area of the law. While practicing and
studying immigration law does require focused expertise, immigration law, in fact, has strong connections to many other areas of law, and the field itself is diverse. The number of immigration cases in the federal courts has increased greatly over the last five years.This increase has led to court reform proposals that exemplify the nexus between immigration law and other legal issues.

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The Long, Complex, And Futile Deportation Saga Of Carlos Marcello, Daniel Kanstroom Dec 2004

The Long, Complex, And Futile Deportation Saga Of Carlos Marcello, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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America Goes Global, Daniel Kanstroom Dec 2003

America Goes Global, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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Stories From Immigration Practice, Daniel Kanstroom Dec 2003

Stories From Immigration Practice, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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