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'Illegal' Migration Is Speech, Daniel Morales
'Illegal' Migration Is Speech, Daniel Morales
College of Law Faculty
Non-citizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cutting-edge political theorists. One prominent theorist argues, for example, that basic democratic principles require that non-citizens living outside the U.S. have a say in the formation of immigration law, since they must obey it. For the first time, this Article provides a legal response to these political theory developments, assimilating them, along with the facts on the ground, into an account of “illegal” migration as First Amendment …
Mercy In Immigration Law, Allison Tirres
Mercy In Immigration Law, Allison Tirres
College of Law Faculty
What role should mercy play in immigration law? This essay draws on the robust debate in the criminal law about the role of mercy in the hopes of starting a conversation among immigration law scholars and practitioners. Mercy skeptics argue that mercy contravenes justice, while advocates argue that mercy is a necessary countermeasure to the unrelenting harshness of criminal law today. I argue that the problems of mercy in the criminal law are amplified in the immigration law context. The lack of procedural and substantive protections for immigrants, the acceptance of unfettered discretion and lack of oversight of agency action, …