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Full-Text Articles in Law
Tortured Language: Lawful Permanent Residents And The 212(H) Waiver, Julianne Lee
Tortured Language: Lawful Permanent Residents And The 212(H) Waiver, Julianne Lee
Fordham Law Review
Recent amendments to the Immigration and Nationality Act have greatly expanded the grounds for removal of lawful permanent residents (LPRs) and, at the same time, constricted judicial review of agency decisions to deport immigrants. Language added to the 212(h) waiver of inadmissibility has increased the number of LPRs that are now ineligible for relief from removal by barring certain LPRs from applying for a waiver if, since the date of their admission, they have committed an aggravated felony or have failed to accrue seven years of continuous presence. The controversy discussed in this Note stems from differing interpretations of this …
Enforcing Immigration Equity, Jason A. Cade
Enforcing Immigration Equity, Jason A. Cade
Fordham Law Review
Congressional amendments to the immigration code in the 1990s significantly broadened grounds for removal while nearly eradicating opportunities for discretionary relief. The result has been a radical transformation of immigration law. In particular, the constriction of equitable discretion as an adjudicative tool has vested a new and critical responsibility in enforcement officials to implement rigid immigration rules in a normatively defensible way, primarily through the use of prosecutorial discretion. This Article contextualizes recent executive enforcement actions within this scheme and argues that the Obama Administration’s targeted use of limited enforcement resources and implementation of initiatives such as Deferred Action for …
Involuntary Return And The “Found In” Clause Of 8 U.S.C. § 1326(A): An Immigration Conundrum, Matthew J. Geyer
Involuntary Return And The “Found In” Clause Of 8 U.S.C. § 1326(A): An Immigration Conundrum, Matthew J. Geyer
Fordham Law Review
Illegal reentry into the United States by previously removed aliens is a major problem that has risen steadily in recent years. 8 U.S.C. § 1326(a) punishes such aliens. Specifically, § 1326(a) provides for criminal fines or imprisonment (or both) of any previously removed alien who enters, attempts to enter, or is “found in” the United States at any time after his or her initial removal.
What does it mean to be “found in” the United States in violation of § 1326(a)? The easy case is when a previously removed alien surreptitiously reenters the United States illegally, remains in the United …
There And Back, Now And Then: Iirira’S Retroactivity And The Normalization Of Judicial Review In Immigration Law, Austen Ishii
There And Back, Now And Then: Iirira’S Retroactivity And The Normalization Of Judicial Review In Immigration Law, Austen Ishii
Fordham Law Review
The U.S. Supreme Court has a long tradition of treating immigration law as “exceptional,” deferring to Congress and executive agencies when determining the scope of various immigration laws. The Court’s refusal to subject immigration statutes to the ordinary level of judicial review has left immigrants even more susceptible to the effects of anti-immigrant legislation.
When the Court decided Fernandez-Vargas v. Gonzales in 2006 it increased the scope of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) by allowing portions of the statute to be applied to immigrants who had reentered the United States prior to its effective …
Detention After The Aumf, Stephen I. Vladeck
Editors' Foreword, Editors
The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies
The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies
Fordham Law Review
No abstract provided.
Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea
Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea
Fordham Law Review
The due process rights of suspected terrorists have played a major role in the debate about how best to engage terrorist entities after September 11, 2001. Does citizenship or immigration status have a bearing on the treatment of terrorists? Does location within or outside the United States matter? This Article explores the connection between citizenship and alienage, enemy status, allegiance, and due process rights against a backdrop of international law. It surveys the application of due process to citizens and aliens based on the location of misconduct within or outside the territory of the United States and notes the expansion …
Soil And Citizenship, Linda Bosniak
The Citizenship Of Others, Muneer I. Ahmad
Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem
Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem
Fordham Law Review
No abstract provided.
The Boston Bombers, Leti Volpp
Expatriating Terrorists, Peter J. Spiro
Citizenship And Protection, Andrew Kent
Citizenship And Protection, Andrew Kent
Fordham Law Review
This Article discusses the role of U.S. citizenship in determining who would be protected by the Constitution, other domestic laws, and the courts. Traditionally, within the United States, both noncitizens and citizens have had more or less equal civil liberties protections. But outside the sovereign territory of the United States, noncitizens have historically lacked such protections. This Article sketches the traditional rules that demarcated the boundaries of protection, then addresses the functional and normative justifications for the very different treatment of noncitizens depending on whether or not they were present within the United States.
When Is When?: 8 U.S.C. § 1226(C) And The Requirements Of Mandatory Detention, Gerard Savaresse
When Is When?: 8 U.S.C. § 1226(C) And The Requirements Of Mandatory Detention, Gerard Savaresse
Fordham Law Review
Over the past several decades, immigration law has come to resemble criminal law in a number of ways. Most significantly, the current statutory regime allows the U.S. Attorney General (AG) to detain noncitizens during their removal proceedings. Ordinarily, the AG may detain noncitizens subject to removal so long as the AG provides an individualized bond hearing to assess whether the noncitizen poses a flight risk or a danger to the community. Pursuant to 8 U.S.C. § 1226(c), however, the AG must detain and hold without bond any noncitizen who has committed qualifying offenses “when the alien is released” from criminal …
Across The Border And Back Again: Immigration Status And The Article 12 “Well-Settled” Defense, Michael Singer
Across The Border And Back Again: Immigration Status And The Article 12 “Well-Settled” Defense, Michael Singer
Fordham Law Review
The Hague Convention on the Civil Aspects of International Child Abduction is a multilateral international treaty designed to effectively govern the return of children abducted (often by a parent) and taken to a foreign country. In most cases, if the “left-behind” parent applies for relief under the Convention within a year of the abduction, the child must be returned to the country of origin for a custody hearing. If, however, the application for return is made more than one year after abduction and the child is now “well-settled” in their new environment, the application may be denied under the well-settled …
A Gate Forever Closed? Retiring Immigration Law’S Post-Departure Bar, Jonathan H. Ross
A Gate Forever Closed? Retiring Immigration Law’S Post-Departure Bar, Jonathan H. Ross
Fordham Law Review
Immigration law’s “post-departure bar” destroys the jurisdiction of either an immigration judge or the Board of Immigration Appeals to hear a motion to reopen or reconsider filed by an alien who is no longer physically within the country. This Note examines the current conflict between the federal circuits regarding the post-departure bar and why the circuits that have decided to strike down the bar in the cases before them have ruled in line with certain trends present in recent Supreme Court immigration cases.
Conflict between the circuits has arisen because the governing statute, the Illegal Immigration Reform and Immigrant Responsibility …
Alien Language: Immigration Metaphors And The Jurisprudence Of Otherness , Keith Cunningham-Parmeter
Alien Language: Immigration Metaphors And The Jurisprudence Of Otherness , Keith Cunningham-Parmeter
Fordham Law Review
Metaphors tell the story of immigration law. Throughout its immigration jurisprudence, the U.S. Supreme Court has employed rich metaphoric language to describe immigrants attacking nations and aliens flooding communities. This Article applies research in cognitive linguistics to critically evaluate the metaphoric construction of immigrants in the law. Three conceptual metaphors dominate legal texts: immigrants are aliens, immigration is a flood, and immigration is an invasion. In order to gauge the prevalence of these metaphors, the Article engages in a textual analysis of modern Supreme Court opinions and presents original empirical data on the incidence of alienage terminology in federal court …
Ending The Widow Penalty: Why Are Surviving Alien Spouses Of Deceased Citizens Being Deported?, Jayme A. Feldheim
Ending The Widow Penalty: Why Are Surviving Alien Spouses Of Deceased Citizens Being Deported?, Jayme A. Feldheim
Fordham Law Review
Although our nation generally permits aliens to apply to become lawful permanent residents of this country through their marriages to American citizens, U.S. Citizenship and Immigration Services (USCIS) automatically denies these applications when the citizen spouse dies within two years of the marriage. Termed the “widow penalty,” certain federal courts have rejected this policy as being both unreasonable and in opposition to the plain meaning of 8 U.S.C. § 1151, the statute which categorizes aliens as immediate relatives of U.S. citizens and thus grants them this opportunity. This conflict between the Agency and the judiciary, in turn, has caused a …
Outsourcing Immigration Compliance, Eleanor Marie Lawrence Brown
Outsourcing Immigration Compliance, Eleanor Marie Lawrence Brown
Fordham Law Review
Immigration is a hot-button issue about which Americans have sent a clear message. They prefer not to admit more aliens until the government is able to screen credibly for entrants who will abide by the terms of admission and sanction those who do not. While immigration debates now focus almost entirely on undocumented workers, they have overshadowed another critical, yet poorly understood, challenge: designing institutions to screen properly for aliens who are visa-compliant and sanction noncompliant aliens. Because failed guest worker programs unquestionably increase the size of the undocumented population, this Article addresses the difficulty of institutional design by analyzing …
A View From The Immigration Bench, Noel Brennan
A View From The Immigration Bench, Noel Brennan
Fordham Law Review
No abstract provided.
Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon
Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon
Fordham Law Review
Immigrants are often easy prey for bogus or incompetent attorneys, "notarios," scam artists, and other bad actors who take advantage of immigrants' limited knowledge of U.S. law, lack of English fluency, and lack of cultural knowledge to charge exorbitant fees for wild promises of green cards and citizenship that the bad actors annot-or in some cases never inteded to-deliver. Such exploitation is merely a symptom, however, of the larger prolem of inadequate access to competent legal counsel by foreign nationals seeking to navigate our labyrinthine scheme of immigration laws, regulations, and policies. ontrary to popular belief, not all of these …
Waiting In Immigration Limbo: The Federal Court Split Over Suits To Compel Action On Stalled Adjustment Of Status Applications, Lauren E. Sasser
Waiting In Immigration Limbo: The Federal Court Split Over Suits To Compel Action On Stalled Adjustment Of Status Applications, Lauren E. Sasser
Fordham Law Review
This Note explores the conflict surrounding federal courts' authority to hear injunctive suits from adjustment of status applicants demanding U.S. Citizenship and Immigration Services action on significantly delayed applications. The conflict turns on whether the agency has a duty to adjudicate applications properly before it, whether it must do so in a reasonable time, and whether any statutes preclude jurisdiction. The Note argues that the agency has a duty to adjudicate applications properly before it in a reasonable time. When it violates that duty, applicants should have legal recourse in all jurisdictions.
Proposing A Uniform Remedial Approach For Undocumented Workers Under Federal Employment Discrimination Law, Craig Robert Senn
Proposing A Uniform Remedial Approach For Undocumented Workers Under Federal Employment Discrimination Law, Craig Robert Senn
Fordham Law Review
Given the recent influxes of undocumented workers who have entered the United States in order to obtain employment, the issue of their remedial rights under federal employment discrimination law has become highly significant. Under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and/or the Age Discrimination in Employment Act (ADEA), these remedies could include back pay, front pay (in lieu of reinstatement), compensatory damages, punitive damages, liquidated damages, and/or reasonable attorneys’ fees, as applicable. At present, there is no uniform judicial approach for determining the monetary remedial rights of the millions of undocumented workers under …
"Federalizing" Immigration Law: International Law As A Limitation On Congress's Power To Legislate In The Field Of Immigration, Shayana Kadidal
"Federalizing" Immigration Law: International Law As A Limitation On Congress's Power To Legislate In The Field Of Immigration, Shayana Kadidal
Fordham Law Review
No abstract provided.
Flying The Mexican Flag In Los Angeles, Anupam Chander
Flying The Mexican Flag In Los Angeles, Anupam Chander
Fordham Law Review
No abstract provided.
Engagements Across National Borders, Then And Now, Nancy Foner
Engagements Across National Borders, Then And Now, Nancy Foner
Fordham Law Review
No abstract provided.
Citizenship Talk: Bridging The Gap Between Immigration And Race Perspectives, Jennifer Gordon, Robin A. Lenhardt
Citizenship Talk: Bridging The Gap Between Immigration And Race Perspectives, Jennifer Gordon, Robin A. Lenhardt
Fordham Law Review
No abstract provided.
Birthright Citizenship And The Alien Citizen, Mae M. Ngai
Birthright Citizenship And The Alien Citizen, Mae M. Ngai
Fordham Law Review
No abstract provided.
The Meaning Of American Citizenship In A Post-9/11 World, Peter H. Schuck
The Meaning Of American Citizenship In A Post-9/11 World, Peter H. Schuck
Fordham Law Review
No abstract provided.