Law Commons^™

Preventing Predatory Alienation By High-Control Groups: The Application Of Human Trafficking Laws To Groups Popularly Known As Cults, And Proposed Changes To Laws Regarding Federal Immigration, State Child Marriage, And Undue Influence, Robin Boyle Laisure

Faculty Publications

In this article, I summarize some of the significant legal developments in the United States that have taken place within the past year. First, United States v. Raniere was a criminal case launched against the founder of a purported self-help organization, NXIVM, and several of his associates. The Raniere case established precedent for using the human-trafficking statutes, among other grounds, to pursue justice for victims of high-demand groups. Second, the number of asylum seekers is increasing annually, and some of these undocumented immigrants are escaping from their countries-of-origin cults, gangs, and other extremist groups. However, once they arrive in the …

Asylum Ruling Halts Restrictions In New Rule, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Federal Court Halts Trump’S Ban On Nonimmigrant Visas, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte

Scholarly Articles

The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties in the United States, but Congress has placed draconian limits on the discretion of immigration courts to cancel removal where noncitizens have committed certain crimes. The recently issued U.S. Supreme Court decision in Barton v. Barr illustrates the troubling trend of affording less discretion for immigration courts to balance family life in removal decisions that involve underlying criminal conduct. At issue was the “stop-time rule” …

Court Issues Preliminary Injunction Against President Trump’S Ban On Uninsured Immigrants, Peter Margulies

Law Faculty Scholarship

No abstract provided.

New Homeland Security Asylum Rule Allows Removal To Central American Countries That Have Signed Agreements With The U.S., Peter Margulies

Law Faculty Scholarship

No abstract provided.

Judge Issues Temporary Restraining Order Against Proclamation Barring Uninsured Immigrants, Peter Margulies

Law Faculty Scholarship

No abstract provided.

President Trump Bars Uninsured Immigrants From The U.S., Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Administration's New Asylum Rule Exceeds Statutory Authority, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Supreme Court Reinforces Mandatory Detention Of Immigrants, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Travel Ban Decision, Administrative Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Barring Asylum Claims: The President Versus The Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.

At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared Goldstein

Law Faculty Scholarship

No abstract provided.

The Travel Ban And Presidential Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah Gonzalez

Law Faculty Scholarship

No abstract provided.

Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Ninth Circuit Argument Turns On Whether The Ban Clashes With The Immigration Act, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The New Travel Ban: Undermining The Immigration And Nationality Act, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Dhs Border Memo Ii: Removal First, Hearing Later?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Theorizing The Immigrant Child: The Case Of Married Minors, Medha D. Makhlouf

Faculty Scholarly Works

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Immigration Policy And The Rhetoric Of Reform: “Deport Felons, Not Families,” Moncrieffe V. Holder, Children At The Border, And Idle Promises, Terri R. Day, Leticia M. Diaz

Faculty Scholarship

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Did Multicultural America Result From A Mistake? The 1965 Immigration Act And Evidence From Roll Call Votes, Gabriel J. Chin, Douglas M. Spencer

Publications

Between July 1964 and October 1965, Congress enacted the three most important civil rights laws since Reconstruction: The Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Immigration and Nationality Act Amendments of 1965. As we approach the 50th anniversary of these laws, it is clear that all three have fundamentally remade the United States; education, employment, housing, politics, and the population itself have irreversibly changed.

Arguably the least celebrated yet most consequential of these laws was the 1965 Immigration Act, which set the United States on the path to become a "majority minority" nation. In …

President Obama’S Immigration Plan: Rewriting The Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Distilling Americans: The Legacy Of Prohibition On U.S. Immigration Law, Jayesh Rathod

Articles in Law Reviews & Other Academic Journals

Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the exclusion of "persons with chronic alcoholism" seeking to enter the United States. Several decades later, the Immigration and Nationality Act of 1952 specified that any noncitizen who "is or was ... a habitual drunkard" was per se lacking in good moral character, and hence ineligible for naturalization. Although the "chronic …

The Immigration Prosecutor And The Judge: Examining The Role Of The Judiciary In Prosecutorial Discretion Decisions, Shoba S. Wadhia

Journal Articles

Legal scholars and judges have long examined the role of judicial review in immigration matters, and also criticized the impacts of the “plenary power” doctrine and statutory deletions of judicial review for certain immigration cases. Absent from this scholarship is a serious examination of the judiciary’s role in immigration decisions involving prosecutorial discretion. I attribute this absence to both a silent concession that prosecutorial discretion decisions are automatically barred from judicial review because of the plain language of the Immigration and Nationality Act (INA); the judicial review “exceptions” in the Administrative Procedures Act (APA), and the cases that analyze these …