Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
- Publication Type
Articles 1 - 14 of 14
Full-Text Articles in Law
Asylum Under Attack: Restoring Asylum Protections In The United States, Lindsay M. Harris
Asylum Under Attack: Restoring Asylum Protections In The United States, Lindsay M. Harris
Journal Articles
The U.S. asylum system has endured four years of systematic attack. The Trump Administration attempted to dismantle the United States’ system to protect asylum seekers through changes to case law, executive orders, presidential proclamations, internal agency guidance and sweeping regulatory changes, among other measures. The system largely ground to a halt after the Trump Administration co-opted the coronavirus public health crisis to effectively close the southern border to asylum seekers with its March 2020 Centers for Disease Control order. This catastrophic order was not even the last in a long line of the Trump Administration’s efforts since assuming power to …
The Intersection Of Race, Bond, And "Crimmigration" In The United States Immigration Detention System, Tremaine Hemans
The Intersection Of Race, Bond, And "Crimmigration" In The United States Immigration Detention System, Tremaine Hemans
University of the District of Columbia Law Review
The United States ("U.S.") Supreme Court's recent decision in Jennings v. Rodriguez' has potentially opened another avenue for people of color to become entangled in the U.S.' predatory immigration system, through the denial of bail hearings. Denial of periodic bond hearings ensures that many detainees in immigration facilities will be held indefinitely until these detainees' cases are adjudicated. In Jennings, the Court held that detained aliens do not have a right to periodic bond hearings even if they are detained for prolonged periods of time, due to the language of the mandatory and discretionary detention statutes at §§ 1225(b)(1)-(2) and …
Learning In "Baby Jail": Lessons From Law Student Engagement In Family Detention Centers, Lindsay M. Harris
Learning In "Baby Jail": Lessons From Law Student Engagement In Family Detention Centers, Lindsay M. Harris
Journal Articles
Between 2014 and 2017, more than 40 law schools and likely well over 1000 law students engaged in learning within immigration family detention centers. The Trump Administration’s “zero tolerance” policy and implementation of wide-scale family separation in 2018 led to increased involvement by professors and students in the constantly shifting landscape of immigration detention. As the detention of immigrant families becomes increasingly entrenched, this article hits the pause button and assesses the benefits and challenges of the various approaches to, and proposes some principles for, law student engagement in this crisis lawyering in immigration detention centers, for families, and beyond.
Contemporary Family Detention And Legal Advocacy, Lindsay M. Harris
Contemporary Family Detention And Legal Advocacy, Lindsay M. Harris
Journal Articles
This essay explores the contemporary practice of detaining immigrant women and children — the vast majority of whom are fleeing violence in their home countries and seeking protection in the United States — and the response by a diverse coalition of legal advocates. In spite of heroic advocacy, both within and outside the detention centers from the courts to the media to the White House, family detention continues. By charting the evolution of family detention from the time the Obama Administration resurrected the practice in 2014 and responsive advocacy efforts, this essay maps the multiple levels at which sustained advocacy …
The 'New Selma' And The Old Selma: Arizona, Alabama, And The Immigration Civil Rights Movement In The Twenty-First Century, Kristina M. Campbell
The 'New Selma' And The Old Selma: Arizona, Alabama, And The Immigration Civil Rights Movement In The Twenty-First Century, Kristina M. Campbell
Journal Articles
In his unfinished manuscript, “The Politics of Expulsion: A Short History of Alabama’s Anti-Immigrant Law, HB 56,” the late Raymond A. Mohl, Distinguished Professor of History at the University of Alabama at Birmingham, directly and succinctly identified the true nature of the motivations behind the passage of HB 56 in the Alabama legislature. Professor Mohl observed that “nativist fears of large numbers of ethnically different newcomers, especially over job competition and unwanted cultural change, sometimes referred to as “cultural dilution,” provided political cover for politicians who sought to control and regulate immigration within state borders, but also to push illegal …
The Struggle To Rise Above The Shadows Before Sunset: A Critical Discussion On The Need To Lift The Expiration And Renewal Requirements Of Daca And Dapa, Anna Oguntimein
The Struggle To Rise Above The Shadows Before Sunset: A Critical Discussion On The Need To Lift The Expiration And Renewal Requirements Of Daca And Dapa, Anna Oguntimein
University of the District of Columbia Law Review
Reasoning that judicial economy is best served when a law enforcement agency determines how to expend its limited enforcemen tresources, the Supreme Court has held that the decision to exercise prosecutorial discretion is presumptively unreviewable.1 In the realm of immigration law, Deferred Action for Childhood Arrivals (DACA) and the recently announced Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) promote the goal of judicial economy by imposing a freeze on the deportation of eligible noncitizens who either entered the United States as children or who have a child who is a U.S. citizen or lawful permanent resident …
Access To Counsel In Removal Proceedings: A Case Study For Exploring The Legal And Societal Imperative To Expand The Civil Right To Counsel, Carla L. Reyes
Access To Counsel In Removal Proceedings: A Case Study For Exploring The Legal And Societal Imperative To Expand The Civil Right To Counsel, Carla L. Reyes
University of the District of Columbia Law Review
Of the approximately 400,000 immigration cases pending before federal immigration courts across the country,' approximately fifty percent involve pro se respondents.2 Although empirical evidence shows that a foreign national's chances of receiving a favorable ruling doubles when an attorney represents him or her in removal proceedings, a unique confluence of history, legal tradition and policy climate have restricted immigrants' access to counsel to a ten-day window in which the immigrant may seek representation of his or her own choosing at no expense to the government. Although removal proceedings are, by definition, civil proceedings, they nevertheless involve physical detention and the …
Immigration Is Different: Why Congress Should Guarantee Access To Counsel In All Immigration Matters, Careen Shannon
Immigration Is Different: Why Congress Should Guarantee Access To Counsel In All Immigration Matters, Careen Shannon
University of the District of Columbia Law Review
This article represents a pipe dream. It envisions an America where no one would be detained, deported, and exiled without the opportunity to meaningfully challenge the grounds for such drastic action against them. Specifically, it envisions an America in which Congress would act in the interest of justice to ensure that foreign nationals held in immigration detention-no, let's call it what it is: prison-while awaiting the opportunity to challenge removability before an Immigration Judge were guaranteed the right to counsel. Similarly, it imagines that even in a time of fiscal crisis and political dysfunction, a Congress that enacts some type …
Introduction: Angles Of The Right To Counsel In Civil Cases Debate: Formalism, Immigration, Reviewability, And Empiricism, John Pollock
Introduction: Angles Of The Right To Counsel In Civil Cases Debate: Formalism, Immigration, Reviewability, And Empiricism, John Pollock
University of the District of Columbia Law Review
Given the recent celebrations of Gideon v. Wainwright's 5 0 th anniversary,' it is most appropriate that this Symposium issue focuses on the civil right to counsel. While Gideon was only about the right to counsel in criminal cases, many of the events and articles marking the anniversary discussed the interplay between criminal and civil cases,2 even reaching the front page of the New York Times 3 and various radio shows. 4 Yet historically, criminal and civil cases have rarely been discussed simultaneously.
(Un)Reasonable Suspicion: Racial Profiling In Immigration Enforcement After Arizona V. United States, Kristina M. Campbell
(Un)Reasonable Suspicion: Racial Profiling In Immigration Enforcement After Arizona V. United States, Kristina M. Campbell
Journal Articles
n June 25, 2012, the Supreme Court of the United States issued its landmark decision in Arizona v. United States, 1 striking down three of the four provisions of Arizona’s notorious Senate Bill (“S.B.”) 10702 challenged by the United States Department of Justice as preempted by federal immigration law. Despite agreeing with the government that the majority of Arizona’s attempt to regulate immigration at the state level through S.B. 1070 was impermissible, the Supreme Court let stand the most controversial section of the law, Section 2(B)—the socalled “show me your papers” provision.3 Under Section 2(B), state and local law enforcement …
Threading The Needle:Constitutional Ways For Local Governments To Refuse Cooperation With Civil Immigration Policies, Mary Cheh
University of the District of Columbia Law Review
On October 19, 2011, the mayor of Washington, D.C. issued an Executive Order to limit the District's cooperation with the federal government's Immigration and Naturalization Service in identifying and deporting undocumented residents.' In so doing, the mayor joined with many other communities' that, while specifically not shielding undocumented aliens engaged in criminal activity, want to maintain the trust and care of the many law-abiding immigrants within their borders. The mayor's Order is a direct response to the federal government's more aggressive effort to enlist local authorities in the roundup of undocumented aliens,' and raises the question which is the subject …
The Road To S.B. 1070: How Arizona Became Ground Zero For The Immigrants' Rights Movement And The Continuing Struggle For Latino Civil Rights In America, Kristina M. Campbell
The Road To S.B. 1070: How Arizona Became Ground Zero For The Immigrants' Rights Movement And The Continuing Struggle For Latino Civil Rights In America, Kristina M. Campbell
Journal Articles
When Arizona Governor Janice K. Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act - better known as SB 1070 - into law in April 2010, the world was taken aback not only by the State of Arizona’s brazen attempt to regulate immigration at the state level, but by the manner in which it pledged to do so. By giving state and local law enforcement officials the responsibility to detain persons that they have “reasonable suspicion” to believe are unlawfully present, the Arizona immigration law was not only branded “the toughest immigration law in the country,” but it …
The High Cost Of Free Speech: Anti-Solicitation Ordinances, Day Laborers And The Impact Of 'Backdoor' Local Immigration Regulations, Kristina M. Campbell
The High Cost Of Free Speech: Anti-Solicitation Ordinances, Day Laborers And The Impact Of 'Backdoor' Local Immigration Regulations, Kristina M. Campbell
Journal Articles
This paper examines how local efforts to regulate the activities of immigrants, while not regulation of immigration per se, can have a substantial and detrimental effect on the civil rights of immigrants and Latinos. The paper discuss how day laborers - individuals, mostly Latino men, who seek short-term employment in public fora - are routinely targeted by state and local governments, federal immigration authorities, anti-immigrant activists, and the general public as a symbol of the employment of unauthorized aliens. Even though many day laborers are lawfully present, or have authorization to work in the United States, due to the high-profile …
Remarks Of Denyse Sabagh, Denyse Sabagh
Remarks Of Denyse Sabagh, Denyse Sabagh
University of the District of Columbia Law Review
No abstract provided.