Law Commons^™

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

Fordham Law Review

No abstract provided.

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

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

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

Fordham Law Review

No abstract provided.

The Constitutional Dimension Of Immigration Federalism, Clare Huntington

Faculty Scholarship

Although the federal government is traditionally understood to enjoy exclusive authority over immigration, states and localities are increasingly asserting a role in this field. This development has sparked vigorous debate on the propriety of such involvement, but the debate is predicated on a misunderstanding of the nature of federal exclusivity. Challenging the conventional wisdom that the Constitution precludes a meaningful role for state and local involvement in immigration.

This Article argues that the Constitution allows immigration authority to be shared among levels of government. After establishing the correctness of this view of immigration authority, this Article argues that the constitutionality …

Flying The Mexican Flag In Los Angeles, Anupam Chander

Fordham Law Review

No abstract provided.

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

Fordham Law Review

No abstract provided.

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

Fordham Law Review

No abstract provided.

Against Citizenship As A Predicate For Basic Rights, David D. Cole

Fordham Law Review

No abstract provided.

Gone But Not Forgotten: How Section 212(C) Relief Continues To Divide Courts Presiding Over Indictments For Illegal Reentry, Anthony Distinti

Fordham Law Review

No abstract provided.

"Soft Immutability" And "Imputed Gay Identity": Recent Developments In Transgender And Sexual-Orientation-Based Asylum Law, Joseph Landau

Fordham Urban Law Journal

This Article surveys the law of LGBT asylum as it has developed over the past fifteen years, first, with the landmark case of Matter of Toboso-Alfonso, which recognized homosexuality as a "particular social group"; second, with the Ninth Circuit's recent cases adopting a soft immutability standard of identity and expanding asylum protection to transgender individuals; and third, with a discussion of the "particular social group" analysis as it applies to transgender asylum seekers and the emergence of the "imputed gay identity" category as an alternative basis for relief for those litigants who do not identify as gay or lesbian but …

Uncharted Territory: Choosing An Effective Approach In Transgender-Based Asylum Claims, Victoria Neilson

Fordham Urban Law Journal

This Article focuses on individuals who believe that they are born with the wrong anatomical sex and who suffer persecution as a result of their transgender identity. The Article discusses existing precedent in the context of transgender asylum seekers and suggests possible theories for framing successful transgender asylum claims.

Day Laborers, Friend Or Foe: A Survey Of Community Responses, Mauricio A. Espana

Fordham Urban Law Journal

This comment discusses the various ways that communities that benefit from day laborers respond to the presence of the "underground" employment phenomenon. Part I provides some background into the day laborers' situation, livelihood, and legal rights. Part II discusses the competing issues faced by day laborers, as well as the issues the laborers present to community residents, employers, and the United States Government. Finally, Part III discusses the different solutions that communities confronted with day laborers have proposed and implemented, and concludes that it is in the best interests of all parties involved that communities accept day labors and accommodate …

Preserving Procedural Due Process For Legal Immigrans Receiving Food Stamps In Light Of The Personal Responsibility Act Of 1996, Todd G. Cosenza

Fordham Law Review

No abstract provided.

"One Manner Of Law": The Supreme Court, Stare Decisis And The Immigration Law Plenary Power Doctrine, Anne E. Pettit

Fordham Urban Law Journal

This note examines the extreme deference the Court gives to Congress in the realm of immigration legislation. The author argues that, in Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court's analysis of stare decisis, precedent and the rule of law provides a strikingly effective paradigm through which to view the history of Supreme Court immigration rulings. Viewed through the Court's own analysis of its power to make and revise precedent decisions, the immigration plenary power doctrine's jurisprudential shortcomings become more evident and the arguments to overturn the doctrine become more powerful. This Note concludes that no principled constitutional …

O And P Visas For Nonimmigrants And The Impact Of Organized Labor On Foreign Artists And Entertainers And American Audiences, Tibby Blum

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Deportation: Procedural Rights Of Reentering Permanent Resident Aliens Subjected To Exclusion Hearings, Laurie A. Levin

Fordham Law Review

No abstract provided.

Passport Revocations Or Denials On The Ground Of National Security And Foreign Policy, Evelyn Capassakis

Fordham Law Review

No abstract provided.

Misrepresentation And Materiality In Immigration Law--Scouring The Melting Pot, Irene Astrid Steiner

Fordham Law Review

No abstract provided.

Misrepresentation And Materiality In Immigration Law--Scouring The Melting Pot, Irene Astrid Steiner

Fordham Law Review

No abstract provided.

Immigration Law- Exclusionary Rule- If The Exclusionary Rule Question Is Reached, The Civil Nature Of A Deportation Proceeding May Preclude Its Application, Diane M. Peress

Fordham Urban Law Journal

This Case Note addresses questions concerning the exclusionary rule in deportation proceedings. Examining the Ninth Circuit's analysis in Cuevas- Ortega v. Immigration and Naturalization Service, this case note admits that though the exclusionary rule is a judicially created remedy it may still be required in deportation proceedings.

Case Notes

Fordham Law Review

No abstract provided.

Necessary Administrative Reforms In The Immigration And Nationality Act Of 1952, Harry N. Rosenfield

Fordham Law Review

No abstract provided.

The Schneiderman Case–Some Legal Aspects, Walter B. Kennedy

Fordham Law Review

No abstract provided.

Recent Decisions

Fordham Law Review

No abstract provided.