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Full-Text Articles in Law
State Law To The Contrary? Examining Potential Limits On The Authority Of State And Local Law Enforcement To Enforce Federal Immigration Law, George Bach
George Bach
As the Supreme Court recently reaffirmed in Arizona v. United States, it is well-established that the “authority of state officers to make arrests for federal crimes,” including federal immigration law, “is . . . a matter of state law.” This general, universal rule has not yielded consistent results. The circuit courts of appeals have disagreed as to when state and local law enforcement can invoke this “implicit authority” and enforce federal immigration law. On one end of the spectrum stands the Ninth Circuit view that state and local law enforcement only have such authority if affirmatively authorized by the state. …
Governors! Seize The Law: A Call To Expand The Use Of Pardons To Provide Relief From Deportation, Stacy Caplow
Governors! Seize The Law: A Call To Expand The Use Of Pardons To Provide Relief From Deportation, Stacy Caplow
Stacy Caplow
An obscure provision of the Immigration and Nationality Act allows an immigrant convicted of a wide range of crimes that are grounds for deportation to avoid this fate if pardoned by a chief executive. In the current era of expansion of the categories of crimes that constitute grounds for deportation and the shrinkage of equitable forms of relief, a pardon presents a vehicle for ameliorating these harsh effects. But few presidents or governors take advantage of this opportunity, even when the individual facing deportation is a long-term lawful resident whose transgression occurred long ago. During a few months in 2010, …
Giving Shelter From The Storm: Colombians Fleeing Persecution Based On Sexual Orientation, Luz Estella Nagle
Giving Shelter From The Storm: Colombians Fleeing Persecution Based On Sexual Orientation, Luz Estella Nagle
Luz Estella Nagle
Asylum seekers fleeing persecution due to sexual orientation face difficult challenges in proving their claims before United States immigration judges. Homosexuals in Latin America, and especially in Colombia, live under constant fear of harassment and violent attack, despite the fact that laws and constitutional rights are slowly being extended to the Gay and Lesbian population in Latin America. This article examines the conditions for LGBTs in Colombia, as a model for the region, to educate immigration judges about the horrific experiences that compel LGBTs to flee, and why they should be extended every consideration for gaining asylum in the United …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …
Illegal Emigration: The Continuing Life Of Invalid Deportation Orders, Richard Frankel
Illegal Emigration: The Continuing Life Of Invalid Deportation Orders, Richard Frankel
Richard Frankel
Federal appeals courts overturn more than one thousand deportation orders every year. A significant number of those reversals involve non-citizens who are abroad because they have been deported as a result of losing their cases at the administrative level. Although an order overturning a deportation order ordinarily restores non-citizens to their prior status of being lawfully present in the United States, federal immigration authorities have used the fact of the non-citizen’s now-invalidated deportation to subject such non-citizens to a new and previously inapplicable set of standards that has the effect of preventing them from returning. Under this practice, non-citizens who …
Gang And Cartel Violence: A Reason To Grant Political Asylum From Mexico And Central America, Jillian Blake
Gang And Cartel Violence: A Reason To Grant Political Asylum From Mexico And Central America, Jillian Blake
Jillian Blake
This Essay argues that the United States should view the migrants fleeing violence in Mexico and Central America as refugees. This Essay will describe the nature of the threat from gangs and cartels, present the major arguments for granting gang-based asylum under international refugee law, and describe how the U.S. courts and government have interpreted those arguments. The final section of this Essay will offer an interpretation of refugee law that both bridges the gap between traditional interpretations of the Refugee Convention and also addresses a pressing need to adapt its original meaning to present-day conflicts in Latin America. This …
Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi
Mark L Noferi
When a Department of Homeland Security officer mandatorily detains a green card holder without bail pending his removal proceedings, for a minor crime committed perhaps long ago, the immigrant’s life takes a drastic turn. If he contests his case, he likely will remain incarcerated in substandard conditions for months or years, often longer than for his original crime, and be unable to acquire a lawyer, access family whom might assist, or access key evidence or witnesses. In these circumstances, it is all but certain he will lose his deportation case, sometimes wrongfully, and be banished abroad from work, family, and …
Retro Is Back: Padilla Meets Gideon, Daniel Sylvester
Retro Is Back: Padilla Meets Gideon, Daniel Sylvester
Daniel Sylvester
No abstract provided.
The Uneasy Case For The Affordable Care Act, Stephen E. Sachs
The Uneasy Case For The Affordable Care Act, Stephen E. Sachs
Stephen E. Sachs
The constitutionality of the Affordable Care Act is sometimes said to be an "easy" question, with the Act's opponents relying more on fringe political ideology than mainstream legal arguments. This essay disagrees. While the mandate may win in the end, it won't be easy, and the arguments against it sound in law rather than politics. Written to accompany and respond to Erwin Chemerinsky's essay in the same symposium, this essay argues that each substantive defense of the mandate is subject to doubt. While Congress could have avoided the issue by using its taxing power, it chose not to do so. …