Open Access. Powered by Scholars. Published by Universities.®
- File Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Beyond The Plenary-Power Doctrine: How Critical Race Theory Can Help Move Us Past The Chinese Exclusion Case, Freddy R. Funes
Beyond The Plenary-Power Doctrine: How Critical Race Theory Can Help Move Us Past The Chinese Exclusion Case, Freddy R. Funes
Freddy R Funes
In few areas does Critical Race Theory (CRT) give as much insight as it does in analyzing immigration law’s plenary-power doctrine. When in need of cheap labor, the United States opens its border, and, when the economy struggles, the United States reacts with racist violence against aliens. The plenary-power doctrine, which prevents courts from reviewing the actions of the political branches in the immigration context, furthers the aliens’ oppression. Thus, while the legislative and executive branches discriminate, the courts idly stand by. But the courts’ rationalizations for the plenary-power doctrine lack merit. Due to its precarious foundation, this Paper questions …
Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes
Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes
Freddy R Funes
Central American gangs have created numerous difficulties for Central American nations. Some of the violence and tactics learned by these gangs came from the United States, via it's new immigration policies. This article explains the faults of the current removal policy and offers solutions to mitigate the growing violence in Central America. Part II discusses the United States’ removal policy. Part III explains the myriad problems that this removal policy produces in Central America and within the United States. Part IV discusses how the United States’ current law fails to further the United States’ interests and how courts refuse to …