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Full-Text Articles in Law
Daca's Tax Benefits Highlight The Need For Broader Immigration Reform, Jacqueline Lainez Flanagan
Daca's Tax Benefits Highlight The Need For Broader Immigration Reform, Jacqueline Lainez Flanagan
Journal Articles
America’s aging population and declining birth rates are negatively affecting the nation’s Social Security and Medicare safety nets, reducing tax revenue, and weakening the broader economy.1 Meanwhile, immigration is increasing workforce participation by expanding the number of young adults in the United States.2 Despite political setbacks, the Deferred Action for Childhood Arrivals (DACA) program exemplifies the economic and tax benefits of immigration, providing data and the impetus for a better way forward. Although not all DACA-eligible youth have registered for it, it is estimated that in 2017 alone, more than $2.2 billion in federal taxes were paid by DACA-eligible youth …
Immigration Litigation In The Time Of Trump, Shoba Wadhia
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 …
Dreamers Deferred: The Broken Promise Of Immigration Reform In The Obama Years, Kristina M. Campbell
Dreamers Deferred: The Broken Promise Of Immigration Reform In The Obama Years, Kristina M. Campbell
Journal Articles
No abstract provided.
Immigration Enforcement And The Future Of Discretion, Shoba Wadhia
Immigration Enforcement And The Future Of Discretion, Shoba Wadhia
Journal Articles
No abstract provided.
The Aftermath Of United States V. Texas, Shoba S. Wadhia
The Aftermath Of United States V. Texas, Shoba S. Wadhia
Journal Articles
On June 23, 2016, the Supreme Court issued a 4-4 ruling in the immigration case of United States v. Texas, blocking two “deferred action” programs announced by President Obama on November 20, 2014: extended Deferred Action for Childhood Arrivals (DACA Plus) and Deferred Action for Parents of Americans and Legal Residents (DAPA). The 4-4 ruling by the justices creates a non-precedential non-decision, upholding an injunction placed by a panel of federal judges in the Fifth Circuit Court of Appeals. While the future of these programs remains uncertain in the long term, the immediate effects are pronounced, as millions of …
Remarks On Executive Action And Immigration Reform, Shoba S. Wadhia
Remarks On Executive Action And Immigration Reform, Shoba S. Wadhia
Journal Articles
This essay places the President's executive actions on immigration last November into a larger context by providing a brief history of prosecutorial discretion in immigration cases. This essay also describes how law students at Penn State Law School used the President's announcement of executive actions as a platform for local change in the State College community.
The President And Deportation: Daca, Dapa, And The Sources And Limits Of Executive Authority - Response To Hiroshi Motomura, Shoba S. Wadhia
The President And Deportation: Daca, Dapa, And The Sources And Limits Of Executive Authority - Response To Hiroshi Motomura, Shoba S. Wadhia
Journal Articles
This Essay is a response to Washburn University School of Law's Foulston Siefkin Lecture, 2015 titled "The President and Deportation: DACA, DAPA, and the Sources and Limits of Executive Authority," delivered by Professor Hiroshi Motomura in March of 2015. Part II of this Essay provides a summary of Professor Motomura's remarks from this author's vantage point. Part III of this Essay analyzes and supports Professor Motomura's conclusion that deferred action is "different" from prosecutorial discretion and elaborates on how deferred action goes one step "further" than prosecutorial discretion.
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 …