Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2019

University of Minnesota Law School

Journal

Immigration Law

Articles 1 - 2 of 2

Full-Text Articles in Law

The Case Against Absolute Judicial Immunity For Immigration Judges Jun 2019

The Case Against Absolute Judicial Immunity For Immigration Judges

Minnesota Journal of Law & Inequality

A federal regulation states that immigration hearings shall be open to the public. Courts and scholars also have located a right to observe these proceedings in the First Amendment. And yet immigration judges (IJ) have excluded members of the press and other observers from hearings for no stated legal reasons, thus effectively eliminating public scrutiny of proceedings that affect millions of citizens and non-citizens in the United States. In response to a lawsuit pursuing monetary, injunctive, and declaratory relief after an IJ ordered guards to remove a reporter from a federal building, an Eleventh Circuit panel held IJs have absolute …


Precarious Citizenship: Asian Immigrant Naturalization 1918 To 1925 Apr 2019

Precarious Citizenship: Asian Immigrant Naturalization 1918 To 1925

Minnesota Journal of Law & Inequality

During the height of the exclusion era, when Asian immigrants were prohibited from naturalizing and becoming United States citizens, state and federal court judges around the country naturalized at least 500 Asian immigrant servicepersons and veterans. Between 1918 and 1925, Federal Bureau of Naturalization officials and state and federal court judges had to determine whether the military naturalization provisions enacted in 1918 included the same racial restrictions that the general naturalization provisions included. This Article tells the story of how these officials and judges navigated statutory text, congressional intent, and the reality of Asian immigrant membership in the United States …