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Journal Articles

Immigration Law

Penn State Law

2019

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Full-Text Articles in Law

Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia Jan 2019

Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia

Journal Articles

No abstract provided.


Immigration Litigation In The Time Of Trump, Shoba Wadhia Jan 2019

Immigration Litigation In The Time Of Trump, Shoba Wadhia

Journal Articles

A number of immigration policies have been announced, implemented, or challenged in courts during the first half of Donald J. Trump's presidency. This Essay provides an update on ongoing litigation on a handful of these policies and was inspired by keynote remarks delivered at the Emerging Immigration Scholars Conference at Brigham Young University in June 2019. The topics covered by this Essay include: litigation affecting those covered by the travel or "Muslim Ban," asylum policy changes, Deferred Action for Childhood Arrivals ("DACA"), unlawful presence rules, and the border wall. This Essay also discusses lessons and common themes emerging from the …


Americans In Waiting: Finding Solutions For Long Term Residents, Shoba Wadhia Jan 2019

Americans In Waiting: Finding Solutions For Long Term Residents, Shoba Wadhia

Journal Articles

For more than a century, U.S. immigration law has recognized long-term residence as a primary factor in granting formal relief or protection. The rationale for regularizing the status of long-term residence is both clear and multifaceted. Over time, long-term residents in the United States build families, buy homes, and integrate into their communities. These equities, coupled with long-term residence, are reflected in the laws used to legalize and protect noncitizens. Many of these laws include a discretionary component, which is itself a powerful sword used by judges and officers when making immigration decisions.

This paper explores the history and role …