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Articles 1 - 7 of 7
Full-Text Articles in Law
The Tipping Point: The Failure Of Form Over Substance In Addressing The Needs Of Unaccompanied Immigrant Children, Lauren R. Aronson
The Tipping Point: The Failure Of Form Over Substance In Addressing The Needs Of Unaccompanied Immigrant Children, Lauren R. Aronson
Journal Articles
No abstract provided.
A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell
A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell
Journal Articles
Beginning with the passage of its anti-immigrant “Show-Me-Your-Papers” law in April 2010, S.B. 1070, much has been written about the hostile political climate toward noncitizens in the State of Arizona specifically and the U.S.-Mexico border generally. However, the recent influx of refugees from Central America to the United States has seen a resurgence in the anti-immigrant rhetoric, which is particularly disturbing since a large percentage of the individuals fleeing violence and poverty are children. In this vein, one aspect of the genesis of S.B. 1070 and other anti-immigrant laws that have not received a great deal of attention is the …
The History Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia
The History Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia
Journal Articles
This Article describes the historical role of prosecutorial discretion in immigration law and connects this history to select executive actions announced by President Obama on November 20, 2014.
Demystifying Employment Authorization And Prosecutorial Discretion In Immigration Cases, Shoba S. Wadhia
Demystifying Employment Authorization And Prosecutorial Discretion In Immigration Cases, Shoba S. Wadhia
Journal Articles
On November 20, 2014, President Barack Obama announced a series of immigration programs aimed to reform the immigration system. Deferred Action for Parents of Americans or Lawful Permanent Residents (DAPA) and extended Deferred Action for Childhood Arrivals (DACA) represent two such programs announced by the President. Both programs extend deferred action (one form of prosecutorial discretion) to qualifying individuals. Deferred action has been part of the immigration system for more than 50 years, and has been named explicitly by Congress, federal courts, and the agencies responsible for administering immigration laws. Additionally, regulations list deferred action as one basis for work …
Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero
Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero
Journal Articles
For immigration scholars, Justice Field is perhaps best remembered for his majority opinion in Chae Chan Ping v. United States, the Supreme Court’s decision upholding Chinese exclusion, and credited for introducing the plenary power doctrine to immigration law. Yet, despite the opinion’s xenophobic rhetoric reflecting his personal views of the Chinese, Justice Field dissented in Fong Yue Ting v. United States, reasoning that, once they became lawful residents, the Chinese were entitled to be treated as equals under the law regardless of citizenship, a position supported by his earlier federal circuit court opinion in Ho Ah Kow v. …
The Prodigal Illegal: Christian Love And Immigration Reform, Victor C. Romero
The Prodigal Illegal: Christian Love And Immigration Reform, Victor C. Romero
Journal Articles
Despite the impasse around immigration reform, most everyone believes the United States’ immigration system is broken. And most agree that the key issue is what to do with the eleven million or so undocumented persons currently residing in the United States. As a Christian immigration law teacher, I have been interested in the debate among the churches as to what such reform should look like. In this Article, I use Professor Jeffrie Murphy’s conception of agapic love as a lens through which to examine reform proposals. I then evaluate the two positions Christian churches have seemed to embrace—permanent legal status …
Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke
Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke
Journal Articles
The state of Texas denies birth certificates to children born in the United States — and thus citizens under the Fourteenth Amendment — if their parents are undocumented immigrants with identification provided by their home countries’ consulates. What does this have to do with same-sex marriage? In a previous article, I demonstrated that the Court’s due process analysis in United States v. Windsor is particularly relevant to the state’s regulation of undocumented immigrants. This short essay builds upon my earlier analysis by examining Obergefell v. Hodge’s applications outside the context of same-sex marriage. Obergefell’s due process holding, I …