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Articles 1 - 30 of 30
Full-Text Articles in Law
Second Chances In Criminal And Immigration Law, Ingrid V. Eagly
Second Chances In Criminal And Immigration Law, Ingrid V. Eagly
Indiana Law Journal
This Essay publishes the remarks given by Professor Ingrid Eagly at the 2022 Fuchs Lecture at Indiana University Maurer School of Law. The Fuchs Lecture was established in honor of Ralph Follen Fuchs in 2001. Professor Fuchs, who served on the Indiana University law faculty from 1946 until his retirement in 1970, was awarded the title of university professor in recognition of his scholarship, teaching, and public service. In her Fuchs lecture, Professor Eagly explores the growing bipartisan consensus behind “second chance” reforms in the state and federal criminal legal systems. These incremental reforms acknowledge racial bias, correct for past …
Systemic Racism In The U.S. Immigration Laws, Kevin R. Johnson
Systemic Racism In The U.S. Immigration Laws, Kevin R. Johnson
Indiana Law Journal
This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S. immigration law and policy.
Responding to sustained political pressure from the West, Congress in 1882 passed the Chinese Exclusion Act, an infamous piece of unabashedly racist legislation that commenced a long process of barring immigration from all of Asia to the United States. In upholding the Act, the Supreme Court …
Abdication Through Enforcement, Shalini Ray
Abdication Through Enforcement, Shalini Ray
Indiana Law Journal
Presidential abdication in immigration law has long been synonymous with the perceived nonenforcement of certain provisions of the Immigration and Nationality Act. President Obama’s never-implemented policy of deferred action, known as DAPA, serves as the prime example in the literature. But can the President abdicate the duty of faithful execution in immigration law by enforcing the law, i.e., by deporting deportable noncitizens? This Article argues “yes.” Every leading theory of the presidency recognizes the President’s role as supervisor of the bureaucracy, an idea crystallized by several scholars. When the President fails to establish meaningful enforcement priorities, essentially making every deportable …
An Appellate Solution To Nationwide Injunctions, Sam Heavenrich
An Appellate Solution To Nationwide Injunctions, Sam Heavenrich
Indiana Law Journal
District courts have issued an unprecedented number of nationwide injunctions during the Obama and Trump administrations, provoking criticism from the Supreme Court. This Article proposes a change to the Federal Rules of Civil Procedure that addresses the Justices’ concerns without taking the drastic step of eliminating nationwide injunctions entirely. Specifically, this Article recommends amending Rule 65 to allow only the appellate courts to issue injunctive relief that extends beyond the plaintiffs in cases challenging a federal law or policy. In addition to the proposed Rule change, this Article offers a categorization framework for existing proposals addressing nationwide injunctions, classifying them …
"Water Is Life!" (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade
"Water Is Life!" (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade
Indiana Law Journal
Decades of stringent immigration enforcement along the Southwest border have pushed migrants into perilous desert corridors. Thousands have died in border regions, out of the general public view, yet migrants continue to attempt the dangerous crossings. In response to what they see as a growing humanitarian crisis, activists from organizations such as No More Deaths seek to expand migrant access to water, to honor the human remains of those who did not survive the journey, and to influence public opinion about border enforcement policies. Government officials, however, have employed a range of tactics to repress this border-policy "dissent," including blacklists, …
Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis
Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis
Indiana Law Journal
For-profit, civil immigration detention is one of this nation’s fastest growing industries. About two-thirds of the more than 50,000 people in the civil custody of federal immigration authorities find themselves at one point or another in a private, corporate-run prison that contracts with the federal government. Conditions of confinement in many of these facilities are dismal. Detainees have suffered from untreated medical conditions and endured months, in some cases years, of detention in environments that are unsafe and, at times, violent. Some have died. Yet, the spaces are largely unregulated. This Article exposes and examines the absence of a constitutional …
Immigration As Commerce: A New Look At The Federal Immigration Power And The Constitution, Jennifer Gordon
Immigration As Commerce: A New Look At The Federal Immigration Power And The Constitution, Jennifer Gordon
Indiana Law Journal
When the United States government sets immigration law and policy, how much attention must it pay to constitutional rights? This question has been much debated since President Donald Trump issued a series of immigration-related executive orders in his first week in office, including a bar on entry by citizens of a set of majority-Muslim countries, but it was controversial long before then. In important part, the answer depends on what the Constitution says about the scope and limits of the power of the federal government over immigration. Therein lies the tale. On this subject, the country’s founding documents say very …
Evading Constitutional Challenge: Dapa's Implications For Future Exercises Of Executive Enforcement Discretion, Lucy Chauvin
Evading Constitutional Challenge: Dapa's Implications For Future Exercises Of Executive Enforcement Discretion, Lucy Chauvin
Indiana Law Journal
I. UNITED STATES V. TEXAS: DEFINING THE BOUNDARIES OF ENFORCEMENT DISCRETION
A. DAPA AND THE CONSTITUTIONAL CHALLENGE
B. SCHOLARLY DEBATE: APPLICATION OF YOUNGSTOWN FRAMEWORK TO DAPA
II. TAKE CARE: CONFLICTING INTERPRETATIONS OF THE DUTY TO FAITHFULLY EXECUTE THE LAW
III. ENFORCEMENT DISCRETION: INTERACTION BETWEEN CONGRESS AND THE EXECUTIVE
A. HECKLER V. CHANEY: EARLY RECOGNITION OF EXECUTIVE ENFORCEMENT DISCRETION
B. ENFORCEMENT DISCRETION’S SPECIFIC APPLICATION TO IMMIGRATION LAW
C. THE MEANING OF “DEFERRED ACTION”
IV. THE HISTORICALLY LIMITED ROLE OF THE JUDICIARY
A. PRESUMPTIVE UNREVIEWABILITY
B. ADDITIONAL PROCEDURAL HURDLES
V. MOVING FORWARD: LESSONS TO BE LEARNED FROM THE OBAMA ADMINISTRATION
A. FRAMING …
“Illegal” Migration Is Speech, Daniel I. Morales
“Illegal” Migration Is Speech, Daniel I. Morales
Indiana Law Journal
Noncitizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cutting-edge political theorists. One prominent theorist argues, for example, that basic democratic principles require that noncitizens living outside the United States have a say in the formation of immigration law since they must obey it. This Article provides a legal response to these political theory developments, assimilating them, along with the facts on the ground, into an account of “illegal” migration as First Amendment speech.
If noncitizens’ …
To Loose The Bonds: The Deceptive Promise Of Freedom From Pretrial Immigration Detention, Denise L. Gilman
To Loose The Bonds: The Deceptive Promise Of Freedom From Pretrial Immigration Detention, Denise L. Gilman
Indiana Law Journal
Each year, the United States government detains more than 60,000 migrants who are eligible for release during immigration court proceedings that will determine their right to stay in the United States. Detention or release should be adjudicated through a custody determination process focused on the question of whether a mi-grant poses a flight risk or danger to the community. Yet, because the process skips the critical inquiry into the need for detention before setting monetary bond require-ments for release that are difficult to fulfill, freedom remains elusive.
The custody determination process is a cornerstone in the U.S. immigration de-tention edifice …
Nexus Redux, Anjum Gupta
Nexus Redux, Anjum Gupta
Indiana Law Journal
Pursuant to its obligations under international law, the U.S. government has agreed to provide protection to individuals who fear persecution in their home countries for reasons of race, religion, nationality, membership in a particular social group, or political opinion. This protection in the United States takes the form of asylum, and the asylum statute states that the United States will protect individuals from persecution that occurred or will occur “on account of” one of those grounds. The Supreme Court has stated that in order to meet the “on account of” or “nexus” requirement, an asylum applicant must provide some evidence, …
A Family Tradition: Giving Meaning To Family Unity And Decreasing Illegal Immigration Through Anthropology, Micah Bennett
A Family Tradition: Giving Meaning To Family Unity And Decreasing Illegal Immigration Through Anthropology, Micah Bennett
Indiana Law Journal
My Note explores the family-preference provisions of the Immigration and Nationality Act and argues that they are far too limited, especially in light of the “family unity” policy that underscores the law. Using Mexico as a model, the Note relies on the discipline of anthropology to explain that family inherently drives immigration, and it refers to an allegory from a Mexican immigrant to demonstrate how the INA is ineffective. It then argues that immigration law could learn from anthropology—both its scholarship and its disciplinary ideals—to craft a more effective and better informed immigration law, which would further the family unity …
The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali
The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali
Indiana Law Journal
This Article explores how current terminations of undocumented immigrants’ parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the rights of parents who have been, or who face, deportation. Often, biases toward undocumented parents affect determinations concerning parental fitness in a manner that, while different, reaps the same results as the removal of children from their families over a century ago. This Article examines cases in which courts terminated the parental rights …
Reforming The Good Moral Character Requirement For U.S. Citizenship, Kevin Lapp
Reforming The Good Moral Character Requirement For U.S. Citizenship, Kevin Lapp
Indiana Law Journal
This Article explores the impact of the convergence of criminal law and immigration law on the most valued government benefit in the land: citizenship. Specifically, it examines how criminal history influences the opportunity to naturalize through the good moral character requirement for U.S. citizenship.
Since 1790, naturalization applicants have been required to prove their good moral character. Enacted to ensure that applicants were fit for membership and would not be disruptive or destructive to the community, the character requirement also allowed for the reformation and eventual naturalization of those guilty of past misconduct. This Article shows that recent changes in …
Say "I Do": The Judicial Duty To Heighten Constitutional Scrutiny Of Immigration Policies Affecting Same-Sex Binational Couples, Cori K. Garland
Say "I Do": The Judicial Duty To Heighten Constitutional Scrutiny Of Immigration Policies Affecting Same-Sex Binational Couples, Cori K. Garland
Indiana Law Journal
No abstract provided.
"Go After The Women": Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women And Their Children, Mary Romero
"Go After The Women": Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women And Their Children, Mary Romero
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
A Different Challenge For The Ali: Herein Of Foreign Country Judgments, An International Treaty, And An American Statute, Linda J. Silberman, Andreas F. Lowenfeld
A Different Challenge For The Ali: Herein Of Foreign Country Judgments, An International Treaty, And An American Statute, Linda J. Silberman, Andreas F. Lowenfeld
Indiana Law Journal
Symposium: Preparing for the Next Century-A New Restatement of Conflicts?
Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson
Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson
Indiana Law Journal
No abstract provided.
Unreviewable Discretionary Justice: The New Extreme Hardship In Cancellation Of Deportation Cases, William C.B. Underwood
Unreviewable Discretionary Justice: The New Extreme Hardship In Cancellation Of Deportation Cases, William C.B. Underwood
Indiana Law Journal
No abstract provided.
A Response To "Nannygate": Untangling U.S. Immigration Law To Enable American Parents To Hire Foreign Child Care Providers, Kathleen A. Delaney
A Response To "Nannygate": Untangling U.S. Immigration Law To Enable American Parents To Hire Foreign Child Care Providers, Kathleen A. Delaney
Indiana Law Journal
No abstract provided.
Defending The Golden Door: The Persistence Of Ad Hoc And Ideological Decision Making In U.S. Refugee Law, J. Michael Cavosie
Defending The Golden Door: The Persistence Of Ad Hoc And Ideological Decision Making In U.S. Refugee Law, J. Michael Cavosie
Indiana Law Journal
No abstract provided.
Calculated Kindness: Refugees And American's Half-Open Door, 1945 To The Present, By Gil Loescher And John A. Scanlan, Arthur C. Helton
Calculated Kindness: Refugees And American's Half-Open Door, 1945 To The Present, By Gil Loescher And John A. Scanlan, Arthur C. Helton
Indiana Law Journal
No abstract provided.
Discrimination In Asylum Law: The Implications Of Jean V. Nelson, Mary Jane Lapointe
Discrimination In Asylum Law: The Implications Of Jean V. Nelson, Mary Jane Lapointe
Indiana Law Journal
No abstract provided.
Administrative Versus Judicial Determinations Of Citizenship: Some Problems In The Administration Of Section 360 Of The Immigration And Nationality Act
Indiana Law Journal
No abstract provided.
The Role Of The Courts In The Application Of The Requirement Of "Residence" For Naturalization
The Role Of The Courts In The Application Of The Requirement Of "Residence" For Naturalization
Indiana Law Journal
No abstract provided.
The Rights Of Aliens In Deportation Proceedings
The Rights Of Aliens In Deportation Proceedings
Indiana Law Journal
No abstract provided.
Member Of Communist Party Denied Privilege Of Naturalization
Member Of Communist Party Denied Privilege Of Naturalization
Indiana Law Journal
Recent Case Notes: Naturalization
Report Of The Select Committee Investigating National Defense Migration
Report Of The Select Committee Investigating National Defense Migration
Indiana Law Journal
No abstract provided.
Activities Of The Committee On American Citizenship
Activities Of The Committee On American Citizenship
Indiana Law Journal
No abstract provided.
Aliens-Opinions And Beliefs As Affecting True Faith And Allegiance
Aliens-Opinions And Beliefs As Affecting True Faith And Allegiance
Indiana Law Journal
No abstract provided.