Law Commons^™

The Authority Of International Refugee Law, Evan J. Criddle, Evan Fox-Decent

William & Mary Law Review

As COVID-19 has spread around the world, many states have suspended their compliance with a core requirement of international refugee law: the duty to refrain from returning refugees to territories where they face a serious risk of persecution (the duty of non-refoulement). These measures have prompted some observers to question whether non-refoulement will survive the pandemic as a nonderogable legal duty. This Article explains why the international community should embrace non-refoulement as a peremptory norm of general international law (jus cogens) that applies even during public emergencies, such as the coronavirus pandemic. Viewed from a global justice perspective, the …

Embracing The Chinese Exclusion Case: An International Law Approach To Racial Exclusions, Lauri Kai

William & Mary Law Review

No abstract provided.

Immigrant Covering, Stella Burch Elias

William & Mary Law Review

Over the last ten years there has been a marked shift in U.S. immigration law away from reliance upon statutory authorization and regulatory provisions to subregulatory or “liminal” rules and discretionary decision-making. This trend is apparent in both federal immigration law and in state and local rulemaking affecting immigrant communities. This Article proposes a new theoretical framework within which to analyze this phenomenon. It uses “covering,” a legal theory first developed in the context of employment discrimination and equal protection, as a lens through which to view these recent developments in immigration law and policy. It shows how immigration laws …

Who Is Patrolling The Border Of Ethical Conduct?: The Convergence Of Federal Immigration Attorneys, Benefit Fraud, And Model Rule 4.2, Erin E. Barrett

William & Mary Law Review

No abstract provided.

Rethinking Review Standards In Asylum, Andrew Tae-Hyun Kim

William & Mary Law Review

Factual findings drive asylum adjudication. If immigration judges get them wrong, they risk sending refugees back to persecution. Recent studies have exposed an immigration agency that is prone to inaccurate and ill-considered fact-finding due to its structural problems. Without the political will or the financial capital necessary to fix what many acknowledge as a compromised system of adjudication, the agency may continue to render decisions that cast doubt on its capability and expertise. With an agency either unable or unwilling to ensure an accurate and fair fact-finding process, the first meaningful review of an asylum applicant’s claim happens at the …

The States Of Immigration, Rick Su

William & Mary Law Review

Immigration is a national issue and a federal responsibility. So why are states so actively involved? Their legal authority over immigration is questionable. Their institutional capacity to regulate it is limited. Even the legal actions that states take sometimes seem pointless from a regulatory perspective. Why do they enact legislation that essentially copies existing federal law? Why do they pursue regulations that courts are likely to enjoin or strike down? Why do they give so little priority to the immigration laws that do survive?

This Article sheds light on this seemingly irrational behavior. It argues that state laws are being …

Expedited Removal And Discrimination In The Asylum Process: The Use Of Humanitarian Aid As A Political Tool, Erin M. O'Callaghan

William & Mary Law Review

No abstract provided.

The Constitution As Compact And As Conscience: Individual Rights Abroad And At Our Gates, Louis Henkin

William & Mary Law Review

No abstract provided.