Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Immigration Law (23)
- National Security Law (7)
- Civil Rights and Discrimination (4)
- President/Executive Department (4)
- Administrative Law (3)
-
- Criminal Law (3)
- International Humanitarian Law (3)
- Constitutional Law (2)
- Disaster Law (2)
- Fourteenth Amendment (2)
- Health Law and Policy (2)
- Human Rights Law (2)
- Admiralty (1)
- Agency (1)
- Applied Statistics (1)
- Computer Law (1)
- Criminal Procedure (1)
- Election Law (1)
- First Amendment (1)
- International Trade Law (1)
- Judges (1)
- Labor and Employment Law (1)
- Law and Politics (1)
- Law of the Sea (1)
- Legal Studies (1)
- Legislation (1)
- Litigation (1)
- Physical Sciences and Mathematics (1)
- Social and Behavioral Sciences (1)
- Institution
-
- Roger Williams University (5)
- Maurer School of Law: Indiana University (3)
- American University Washington College of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Barry University School of Law (1)
-
- Cornell University Law School (1)
- Mitchell Hamline School of Law (1)
- New York Law School (1)
- Penn State Dickinson Law (1)
- Penn State Law (1)
- St. Mary's University (1)
- Texas A&M University School of Law (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Michigan Law School (1)
- University of the District of Columbia School of Law (1)
- Valparaiso University (1)
- Washington University in St. Louis (1)
- Western New England University (1)
- Publication Year
Articles 1 - 28 of 28
Full-Text Articles in Law
Immigraft, Jayesh Rathod, Anne Schaufele
Immigraft, Jayesh Rathod, Anne Schaufele
Articles in Law Reviews & Other Academic Journals
Pursuing the American dream is a costly endeavor. From the initial journey to the United States, to navigating the complicated immigration system, to labor exploitation, to scams targeting recent arrivals, immigrants pay heavily into the formal and informal sectors. As explored in this Essay, however, their pay-out does not stop there: the U.S. Department of Homeland Security (DHS) also charges and retains funds in unjustified ways, resulting in tens of millions of dollars transferred from the pockets of vulnerable immigrants and their families to the sprawling immigration bureaucracy. This Essay introduces the term immigraft to capture this phenomenon, defined as …
Interagency Dynamics In Matters Of Health And Immigration, Medha D. Makhlouf
Interagency Dynamics In Matters Of Health And Immigration, Medha D. Makhlouf
Faculty Scholarly Works
When Congress delegates authority to an executive agency, it tells us something important about the expertise that Congress wishes to harness in policymaking on an issue. In the legal literature on interagency dynamics and cooperation, issues at the nexus of health and immigration are largely understudied. This Article extends this literature by examining how delegations of authority on issues at the intersection of health and immigration influence policymaking. In an analysis of how administrative law models apply to three topics in the shared regulatory space of the Department of Health and Human Services (“HHS”) and the Department of Homeland Security …
The Immigrant Struggle For Effective Counsel: An Empirical Assessment, Jayanth K. Krishnan
The Immigrant Struggle For Effective Counsel: An Empirical Assessment, Jayanth K. Krishnan
Articles by Maurer Faculty
Recently, in Department of Homeland Security v. Thuraissigiam, the Supreme Court upheld 8 U.S.C. § 1252(e)(2), a statutory provision placing restrictions on certain noncitizens from seeking habeas review in the federal judiciary. The Court focused on the Constitution’s Suspension Clause, but it also discussed the Due Process Clause, declaring that there was no violation there either.
One question which flows from this decision is whether the federal courts will soon be precluded from hearing other types of claims brought by noncitizens. Consider ineffective assistance of counsel petitions, which in the immigration law context are rooted in the Due Process Clause. …
Judicial Power—Immigration-Style, Jayanth K. Krishnan
Judicial Power—Immigration-Style, Jayanth K. Krishnan
Articles by Maurer Faculty
Throughout this current global pandemic, but of course, even before, former President Trump advocated enacting restrictive immigration measures. Under his tenure, the Department of Homeland Security (DHS) assumed enhanced judicial authority and issued decisions that often adversely affected noncitizens. However, in June 2020, the U.S. Supreme Court struck down one of the DHS's most well-known initiatives, which sought to end the 'DACA' program. The Court held that the agency could not do so arbitrarily and had to comply with the requirements set forth in the Administrative Procedure Act.
Yet, there have been other areas where the DHS, particularly through its …
What Ending The Flores Agreement On Detention Of Immigrant Children Really Means, Peter Margulies
What Ending The Flores Agreement On Detention Of Immigrant Children Really Means, Peter Margulies
Law Faculty Scholarship
No abstract provided.
New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies
New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Withholding Protection, Lindsay M. Harris
Withholding Protection, Lindsay M. Harris
Journal Articles
In June 2018, President Trump wrote a pair of tweets en route to his golf course, calling for “no Judges or Court Cases” at our border and swift deportation of immigrants, essentially without due process. While immigrant advocates were quick to explain the myriad constitutional problems with this proposal, elements of Trump’s dream are already a reality. This Article reveals how a single Customs and Border Protection officer can short-circuit the checks and balances prescribed by U.S. and international law to protect refugees from being returned to harm, and cast a long shadow over a future, meritorious asylum claim. In …
Deconstructing Sanctuary Cities: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies
Deconstructing Sanctuary Cities: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Judicial Review Of Disproportionate (Or Retaliatory) Deportation, Jason A. Cade
Judicial Review Of Disproportionate (Or Retaliatory) Deportation, Jason A. Cade
Scholarly Works
This Article focuses attention on two recent and notable federal court opinions considering challenges to Trump administration deportation decisions. While finding no statutory bar to the noncitizens’ detention and deportation in these cases, the court in each instance paused to highlight the injustice of the removal decisions. This Article places the opinions in the context of emerging immigration enforcement trends, which reflect a growing indifference to disproportionate treatment as well as enforcement actions founded on retaliation for the exercise of constitutional rights. Judicial decisions like the ones considered here serve vital functions in the cause of immigration law reform even …
Executive Estoppel, Equitable Enforcement, And Exploited Immigrant Workers, Angela D. Morrison
Executive Estoppel, Equitable Enforcement, And Exploited Immigrant Workers, Angela D. Morrison
Faculty Scholarship
Unauthorized workers in abusive workplaces have found themselves in a tug-of-war between federal agencies. On one side are federal prosecutors with the Department of Justice or Immigration and Customs Enforcement--who seek to criminally prosecute or deport the workers and treat the workers as defendants. On the other side are agencies like the U.S. Equal Employment Opportunity Commission, the Department of Labor, and U.S. Citizenship and Immigration Services who have determined the workers are victims of workplace exploitation and deserve protection. This mixed message—protection from one federal agency and prosecution by another—is contrary to Congressional intent and undermines the enforcement of …
The Dhs Border Memo Ii: Removal First, Hearing Later?, Peter Margulies
The Dhs Border Memo Ii: Removal First, Hearing Later?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Immigration Adjudication: The Missing Rule Of Law, Lenni B. Benson
Immigration Adjudication: The Missing Rule Of Law, Lenni B. Benson
Articles & Chapters
No abstract provided.
Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan
Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan
Scholarly Works
President Obama’s ambitious use of executive discretion in immigration – especially the DACA and DAPA programs – should be understood in context of a struggle within the executive branch between the President and frontline enforcement officers in the Department of Homeland Security who have actively resisted his policy agenda. The so far successful litigation by 26 states to partially halt these programs has focused on this struggle within the executive branch, rather than on the stalemate between the President and Congress over legislative immigration reform. In preliminary rulings, the federal district court and the Court of Appeals have interpreted ambiguous …
Obama Fights To Continue Detention Of Migrant Families, Lauren Carasik
Obama Fights To Continue Detention Of Migrant Families, Lauren Carasik
Media Presence
No abstract provided.
Presidential Power And Enjoining The Obama Immigration Plan, Peter Margulies
Presidential Power And Enjoining The Obama Immigration Plan, Peter Margulies
Law Faculty Scholarship
No abstract provided.
An Administrative Stopgap For Migrants From The Northern Triangle, Collin D. Schueler
An Administrative Stopgap For Migrants From The Northern Triangle, Collin D. Schueler
Law Faculty Scholarly Articles
From 2011–2014, the United States Department of Homeland Security recorded an extraordinary increase in the number of unaccompanied children arriving at the southern border from Central America’s “Northern Triangle”—the area made up of El Salvador, Guatemala, and Honduras. In fact, in fiscal year 2014, United States Customs and Border Protection apprehended over 50,000 unaccompanied children from the Northern Triangle. That is thirteen times more than just three years earlier.
This Article examines the intersecting humanitarian and legal crises facing these children and offers an administrative solution to the problem. The children are fleeing a genuine humanitarian crisis—a region overrun by …
The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner
The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner
Scholarship@WashULaw
Despite the broad powers wielded by the federal government in security administration, the Supreme Court’s holding in Printz v. United States serves as a substantial check against federal overreach. Hand wringing by legal scholars over the Court’s reasoning in Printz and the rigid rules against commandeering attached to this reasoning have obscured the fact that the case now stands as a bulwark against the expansion of federal authority over state, county, and local police. Given the holding in Printz, ICE cannot require the active participation of subnational police in immigration enforcement and must instead—despite its previous assertions to the contrary—solicit …
Offices Of Goodness: Influence Without Authority In Federal Agencies, Margo Schlanger
Offices Of Goodness: Influence Without Authority In Federal Agencies, Margo Schlanger
Articles
Inducing governmental organizations to do the right thing is the central problem of public administration. Especially sharp challenges arise when “the right thing” means executing not only a primary mission but also constraints on that mission (what Philip Selznick aptly labeled “precarious values”). In a classic example, we want police to prevent and respond to crime and maintain public order, but to do so without infringing anyone’s civil rights. In the federal government, if Congress or another principal wants an executive agency to pay attention not only to its mission, but also to some other constraining or even conflicting value—I …
The Compromised Cargo Container: Terror In A Box, Taylor Simpson-Wood
The Compromised Cargo Container: Terror In A Box, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Leap-Ahead Privacy As A Government Responsibility In The Digital Age, David G. Delaney, Ivan K. Fong
Leap-Ahead Privacy As A Government Responsibility In The Digital Age, David G. Delaney, Ivan K. Fong
Articles by Maurer Faculty
No abstract provided.
Mexican Children Of U.S. Citizens: “Viges Prin” And Other Tales Of Challenges To Asserting Acquired U.S. Citizenship, Lee J. Teran
Mexican Children Of U.S. Citizens: “Viges Prin” And Other Tales Of Challenges To Asserting Acquired U.S. Citizenship, Lee J. Teran
Faculty Articles
Mexican children with a U.S. parent face both historic and current challenges in acquiring U.S. citizenship. Following changes in U.S. immigration law, the number of individuals removed from the United States has swelled dramatically. This campaign against non-citizens has led to the removal of United States citizens, particularly individuals who were born abroad but claim citizenship through a U.S. citizen parent. Citizens are caught in the middle of conflicting goals between government efforts to adjudicate claims to acquired U.S. citizenship and the focus on crime and national security interests.
Even though many U.S. parents and their children born abroad are …
The Hunt For Noncitizen Voters, Fatma E. Marouf
Protecting Immigrant Workers Through Interagency Cooperation, Jayesh Rathod
Protecting Immigrant Workers Through Interagency Cooperation, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
Stephen Lee’s Monitoring Immigration Enforcement offers a promising prescription for resolving the long-standing tension between the workplace enforcement priorities of the Department of Homeland Security (“DHS”) and the efforts by the Department of Labor (“DOL”) to protect the rights of immigrant workers. Lee convincingly describes - often with the aid of rich historical examples - the origins of the chronic imbalance of power between DHS and the DOL, and the limitations of past efforts to synchronize the work of the respective agencies. Lee’s proposal for interagency coordination, in the form of ex ante monitoring by the DOL of worksite enforcement …
Pulling Teeth: The State Of Mandatory Immigration Detention, Geoffrey Heeren
Pulling Teeth: The State Of Mandatory Immigration Detention, Geoffrey Heeren
Law Faculty Publications
No abstract provided.
Recovering The Face-To-Face In American Immigration Law, Marie Failinger
Recovering The Face-To-Face In American Immigration Law, Marie Failinger
Faculty Scholarship
Professor Failinger’s article begins with stories of the Chinese Exclusion period and modern Arizona border immigration. Tracing Emmanuel Levinas’ argument about violence and totalization of the vulnerable Other as it is manifested in discriminatory legislation in these periods, she argues for a return to the Face-to-Face in deciding immigration requests for admission to the U.S. through a rubric of equitable guided discretion.
The Role Of The Federal Government In Response To Catastrophic Health Emergencies: Lessons Learned From Hurricane Katrina, Michael Greenberger
The Role Of The Federal Government In Response To Catastrophic Health Emergencies: Lessons Learned From Hurricane Katrina, Michael Greenberger
Faculty Scholarship
In much of the recent thought devoted to the role of states in responding to catastrophic public health emergencies, as most clearly evidenced by the commentary surrounding the Centers for Disease Control and Prevention- sponsored Model State Emergency Health Powers Act (Model Act), there is a focus on state governments being viewed as the exclusive controlling governmental agent supervising the governmental response. Much of that thinking is premised on a view of limitations placed on Congress’ power to act in public health emergencies emanating from Commerce Clause restrictions in the Supreme Court decisions of U.S. v. Lopez, 514 U.S. 549 …
Why Are So Many People Challenging Board Of Immigration Appeals Decisions In Federal Court? An Empirical Analysis Of The Recent Surge In Petitions For Review, John R.B. Palmer, Stephen W. Yale-Loehr, Elizabeth Cronin
Why Are So Many People Challenging Board Of Immigration Appeals Decisions In Federal Court? An Empirical Analysis Of The Recent Surge In Petitions For Review, John R.B. Palmer, Stephen W. Yale-Loehr, Elizabeth Cronin
Cornell Law Faculty Publications
No abstract provided.
Race, Immigration, And The Department Of Homeland Security, Victor C. Romero
Race, Immigration, And The Department Of Homeland Security, Victor C. Romero
Journal Articles
Despite the wisdom of separating the service and enforcement functions of our immigration bureau, the new tripartite system under the auspices of the Department of Homeland Security risks fueling the "immigrant Arab as terrorist" stereotype, rather than helping to re-establish the reality that noncitizen terrorists, like U.S. citizen ones, are a rare species.