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Full-Text Articles in Law
Finding A Right To Remain: Immigration, Deportation, And Due Process, Simon Y. Svirnovskiy
Finding A Right To Remain: Immigration, Deportation, And Due Process, Simon Y. Svirnovskiy
Northwestern Journal of Law & Social Policy
No abstract provided.
Immigration Exceptionalism, David S. Rubenstein, Pratheepan Gulasekaram
Immigration Exceptionalism, David S. Rubenstein, Pratheepan Gulasekaram
Northwestern University Law Review
The Supreme Court’s jurisprudence is littered with special immigration doctrines that depart from mainstream constitutional norms. This Article reconciles these doctrines of “immigration exceptionalism” across constitutional dimensions. Historically, courts and commentators have considered whether immigration warrants exceptional treatment as pertains to rights, federalism, or separation of powers—as if developments in each doctrinal setting can be siloed. This Article rejects that approach, beginning with its underlying premise. Using contemporary examples, we demonstrate how the Court’s immigration doctrines dynamically interact with each other, and with politics, in ways that affect the whole system. This intervention provides a far more accurate rendering of …