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Full-Text Articles in Law
Remarks On Executive Action And Immigration Reform, Shoba Sivaprasad Wadhia
Remarks On Executive Action And Immigration Reform, Shoba Sivaprasad Wadhia
Case Western Reserve Journal of International Law
This essay places the President's executive actions on immigration last November into a larger context by providing a brief history of prosecutorial discretion in immigration cases. This essay also describes how law students at Penn State Law School used the President's announcement of executive actions as a platform for local change in the State College community.
Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson
Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson
Case Western Reserve Journal of International Law
Political rhetoric and ongoing litigation that challenge the use of prosecutorial discretion and deferred action in immigration law often prominently feature claims that these initiatives demonstrate a lack of respect for the rule of law. This short essay seeks to highlight gaps between U.S. immigration law and its international human rights obligations and identify ways in which the use of discretion can advance rather than undermine the rule of law. In reconciling the ability of States to control matters of immigration with protections of family integrity, the touchstone in international law is balance. A State's right to expel a non-citizen …