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Full-Text Articles in Immigration Law

A Reasonable Possibility Of Refoulement: The Inadequacies Of Procedures To Protect Vulnerable Noncitizens From Return To Persecution, Torture, Or Death, Lexie Marilyn Ford Nov 2021

A Reasonable Possibility Of Refoulement: The Inadequacies Of Procedures To Protect Vulnerable Noncitizens From Return To Persecution, Torture, Or Death, Lexie Marilyn Ford

Texas A&M Law Review

Due primarily to increases in individuals fleeing violence and turmoil in Central America, over 40% of noncitizens arriving in the United States are put on a fast-track removal process and subsequently claim fear of returning to their home countries. A decade ago, the number was only 5%. This influx of asylum-seekers at the border has led to tension between those who wish to protect them and those who view such migrants as “invaders.” In 2019 and 2020, the Trump Administration proffered sweeping regulatory changes with the aim to substantively and procedurally restrict noncitizens’ access to protection from persecution and torture …

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Legalizing Undocumented Work, Jennifer J. Lee Sep 2021

Legalizing Undocumented Work, Jennifer J. Lee

Cardozo Law Review

No abstract provided.

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Rethinking Immigration Enforcement, Peter L. Markowitz Sep 2021

Rethinking Immigration Enforcement, Peter L. Markowitz

Articles

As the nation turns the page away from the dark chapter of President Trump's relentless assault on immigrants, it is time to take stock of the nation's unprecedented immigration enforcement regime. During its relatively short existence, the Immigration and Customs Enforcement agency (ICE) has deported more than twice as many people as were deported in the entire previous history of the United States. The human and fiscal costs of ICE's mass deportation agenda are astronomical, and there is almost universal agreement across the political spectrum that the United States' immigration enforcement apparatus is badly broken. That, however, is where the …

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Weighing Pain: How The Harm Of Immigration Detention Must Be Factored In Custody Decisions, Linus Chan Jun 2021

Weighing Pain: How The Harm Of Immigration Detention Must Be Factored In Custody Decisions, Linus Chan

William & Mary Journal of Race, Gender, and Social Justice

The United States is currently in the midst of a “third wave of potential pretrial detention reform.” And while certain reforms are gaining traction in an effort to reduce pretrial criminal detention, efforts to do the same for immigration detention have lagged. Reformers and abolitionists make the case that immigration detention needs to be either restricted or eliminated entirely. Nonetheless, the number of people held in detention for immigration purposes rises year after year. Not only do the numbers of people in immigration detention grow, but the systems in place have grown less concerned with the harsh consequences of detention …

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The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray Jun 2021

The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray

William & Mary Bill of Rights Journal

In the years since the Supreme Court decided Trump v. Hawaii, federal district courts have adjudicated dozens of rights-based challenges to executive action in immigration law. Plaintiffs, including U.S. citizens, civil rights organizations, and immigrants themselves, have alleged violations of the First Amendment and the equal protection component of the Due Process Clause with some regularity based on President Trump’s animus toward immigrants. This Article assesses Hawaii’s impact on these challenges to immigration policy, and it offers two observations. First, Hawaii has amplified federal courts’ practice of privileging administrative law claims over constitutional ones. For example, courts considering …

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Tainted From Their Roots: The Fundamental Unfairness Of Depriving Foreign Nationals Of Counsel In Immigration Court, Jehanzeb Khan May 2021

Tainted From Their Roots: The Fundamental Unfairness Of Depriving Foreign Nationals Of Counsel In Immigration Court, Jehanzeb Khan

University of Cincinnati Law Review

No abstract provided.

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The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers May 2021

The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers

Master's Theses

The rising increase of Internally Displaced Persons (IDPs) has become a global problem. There are over 40 million internally displaced people globally, and 15.9 million are displaced in Africa. These displacements come into place due to war/conflict, corruption, massive human rights violations, natural disasters, urban renewal projects (at the hands of powerful nations such as America, China, France, UK, etc.), and large-scale development projects. According to UNHCR, refugees are people who have international cross-border. In contrast, internally displaced persons must stay within their own country and stay under the protection of their government, even if the government is the reason …

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Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim Apr 2021

Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim

Northwestern Journal of Law & Social Policy

Current asylum law requires that asylum seekers prove that they have a “well-founded fear of persecution.” However, a “well-founded fear”—the evidentiary standard in asylum cases—has remained ambiguous and difficult to apply in asylum cases. In Cardoza-Fonseca, the Supreme Court held that an asylum seeker can establish a well-founded fear with less than a 50% probability of future persecution. Although the Supreme Court sought to clarify the meaning of a well-founded fear, the decision has complicated the evidentiary standard by implying that it consists of two parts: the subjective component and objective component. The “subjective” component—the asylum seekers’ subjective fear …

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Preventing A Permanent Underclass: Why In-State Tuition For Daca Students Just Makes Sense, Christian Bowcutt, Eliza Allen Apr 2021

Preventing A Permanent Underclass: Why In-State Tuition For Daca Students Just Makes Sense, Christian Bowcutt, Eliza Allen

Brigham Young University Prelaw Review

In the landmark 1982 Supreme Court Case "Plyler v. Doe", the right to a free education was guaranteed to undocumented students. One of the reasons for this was to "prevent a permanent underclass". Today, we have a similar opportunity to lift our fellow peers by passing legislation to guarantee in-state tuition to DACA recipients. DACA (Deferred Action for Childhood Arrivals) is a program that grants temporary citizenship to qualifying children and youth who are brought to the United States with their parent(s) or guardian(s). Currently, the majority of states have not guaranteed this right to DACA students. With tuition rates …

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Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable Apr 2021

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.

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"De-Americanization" During The Trump Administration: Derivative Citizenship And Deceased Parents In The United States, Katheryn J. Maldonado Mar 2021

"De-Americanization" During The Trump Administration: Derivative Citizenship And Deceased Parents In The United States, Katheryn J. Maldonado

William & Mary Journal of Race, Gender, and Social Justice

The Trump Administration’s war on immigration will be marked in history as one replete with white supremacy and terror. Much attention has been focused in the realm of undocumented immigrants, detention centers, and family separations because of the pervasiveness of those issues and the gravity of the human rights violations occurring in the United States. However, little focus has been given to immigrants who are lawful permanent residents or naturalized citizens at risk of denaturalization and deprivation of their constitutional rights. This Note highlights the effects of the Trump Administration’s war on immigration on citizens and green card holders in …

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Thirteenth Amendment Litigation In The Immigration Detention Context, Jennifer Safstrom Feb 2021

Thirteenth Amendment Litigation In The Immigration Detention Context, Jennifer Safstrom

Michigan Journal of Race and Law

This Article analyzes how the Thirteenth Amendment has been used to prevent forced labor practices in immigration detention. The Article assesses the effectiveness of Thirteenth Amendment litigation by dissecting cases where detainees have challenged the legality of labor requirements under the Trafficking Victims Protection Act. Given the expansion in immigration detention, the increasing privatization of detention, and the significant human rights implications of this issue, the arguments advanced in this Article are not only currently relevant but have the potential to shape ongoing dialogue on this subject.

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Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law Jan 2021

Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Systemic Racism And Immigration Detention, Carrie L. Rosenbaum Jan 2021

Systemic Racism And Immigration Detention, Carrie L. Rosenbaum

Seattle University Law Review

The denouement of the Trump presidency was a white supremacist coup attempt against a backdrop of public reawakening to the persistence of institutionalized racism. Though the United States has entered a new administration with a leader that expresses his commitment to ending institutionalized racism, the United States continues to imprison Central American and Mexican immigrants at the southern border. If the majority of the people in immigration jails at the border are Latinx, does immigration law disparately impact them, and do they have a right to equal protection? If they do, would equal protection protect them? This Article explores whether …

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Immigration Detention: Eroding Or Reinforcing A Theory Of Immigration Exceptionalism?, Kate Aschenbrenner Jan 2021

Immigration Detention: Eroding Or Reinforcing A Theory Of Immigration Exceptionalism?, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.

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Duress In Immigration Law, Elizabeth A. Keyes Jan 2021

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …

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Table Of Contents, Seattle University Law Review Jan 2021

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents.

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Table Of Contents, Seattle University Law Review Jan 2021

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

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Giving Joseph Hearings Their Due: How To Ensure That Joseph Hearings Pass Due Process Muster, Amy Greer Jan 2021

Giving Joseph Hearings Their Due: How To Ensure That Joseph Hearings Pass Due Process Muster, Amy Greer

Roger Williams University Law Review

No abstract provided.

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Discretionary Injustice: Limiting Due Process Rights Of Undocumented Immigrants Upon Removal After Re-Entry, Brendan Dauscher Jan 2021

Discretionary Injustice: Limiting Due Process Rights Of Undocumented Immigrants Upon Removal After Re-Entry, Brendan Dauscher

Touro Law Review

No abstract provided.

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Locking The Golden Door And Throwing Away The Key: An Analysis Of Asylum During The Years Of The Trump Administration, Samantha B. Karpman Jan 2021

Locking The Golden Door And Throwing Away The Key: An Analysis Of Asylum During The Years Of The Trump Administration, Samantha B. Karpman

Touro Law Review

The years of the Trump Administration have certainly been some of the most divisive in modern American political history. One of the largest divides arose from former President Trump’s brazen, “zero tolerance” immigration policies that relentlessly attacked many forms of immigration coming into the United States. Asylum-based immigration, which allows immigrants to come to this country as a safe haven when they are fleeing persecution in their home countries, was one of former President Trump’s main targets. Former President Trump even came dangerously close to eliminating asylum-based immigration with his “Death to Asylum” policy in December of 2020. President Biden …

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Sanctuary Cities And The Power Of The Purse: An Executive Dole Test, Douglas M. Spencer Jan 2021

Sanctuary Cities And The Power Of The Purse: An Executive Dole Test, Douglas M. Spencer

Publications

A constitutional clash is brewing. Cities and counties are flexing their muscles to frustrate national immigration policy while the federal Executive is threatening to interfere with local law enforcement decision making and funding. Although the federal government generally has plenary authority over immigration law, the Constitution forbids the commandeering of state and local officials to enforce federal law against their will. One exception to this anti-commandeering principle is the Spending Clause of Article I that permits Congress to condition the receipt of federal funds on compliance with federal law. These conditions, according to more than 30 years of Supreme Court …

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Noncitizen Voting: A Case Study Of Oregon, Monet Gonnerman, Ryan Willett Jan 2021

Noncitizen Voting: A Case Study Of Oregon, Monet Gonnerman, Ryan Willett

Lewis & Clark Law Review

Using the State of Oregon as a case study, this Article proposes that states and municipalities may and should extend the right to vote to noncitizens. The Article’s analysis, rooted in national history and the U.S. Constitution, is applicable to other states across the country. The Article situates the practice of noncitizen voting within the larger historical context of both the United States and Oregon. It also provides the legal framework that demonstrates state and municipal power to set voter qualifications for their respective elections. Finally, the Article suggests reasons why states should allow for noncitizen voting.

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Global Apathy And The Need For A New, Cooperative International Refugee Response, Emily Gleichert Dec 2020

Global Apathy And The Need For A New, Cooperative International Refugee Response, Emily Gleichert

Northwestern Journal of Law & Social Policy

While an increasing number of nations move toward isolationist, nationalist policies, the number of refugees worldwide is climbing to its highest levels since World War II. The United Nations High Commissioner for Refugees (UNHCR) is the international body tasked with protecting this population. However, the office’s traditional solutions for refugees – local integration, resettlement in a third country, and voluntary repatriation – have mostly eluded refugees who spend an average of twenty years in exile. The limitations UNHCR’s structure imposes on the office, specifically in its ability to fund its operations and compel nations to act, have contributed to its …

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A Poll Tax By Another Name: Considering The Constitutionality Of Conditioning Naturalization And The “Right To Have Rights” On An Ability To Pay, John Harland Giammatteo Dec 2020

A Poll Tax By Another Name: Considering The Constitutionality Of Conditioning Naturalization And The “Right To Have Rights” On An Ability To Pay, John Harland Giammatteo

Journal Articles

Permanent residents must naturalize to enjoy full access to constitutional rights, particularly the right to vote. However, new regulations from U.S. Citizenship and Immigration Services (USCIS), finalized in early August and originally slated to go into effect one month before the 2020 election, would drastically increase the cost of naturalization, moving it out of reach for many otherwise-qualified permanent residents, while at the same time abolishing any meaningful fee waiver for low-income applicants. In doing so, USCIS has sought to condition naturalization and its attendant rights on an individual’s financial status. In this Essay, I juxtapose the new fee regulations …

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The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley Oct 2020

The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley

Seattle University Law Review

Federal law 8 U.S.C. § 1324(a)(1)(A)(iii), commonly referred to as the “Alien Harboring” statute, was passed sixty-eight years ago and has been used as a weapon against immigrants and their allies. Spanning back decades, numerous scholars, alarmed by the dangerous use of the statute, have written about its muddled congressional intent and the unclear definition of “harboring.” These issues continue to be relevant and are foundational concerns with the enforcement of the harboring statute. However, in the era of President Donald J. Trump, we are faced with a new danger. We are confronted with an Administration that is ferociously anti-immigrant …

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Enough Is As Good As A Feast, Noah C. Chauvin Oct 2020

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

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Second Amendment Sanctuaries, Shawn E. Fields Oct 2020

Second Amendment Sanctuaries, Shawn E. Fields

Northwestern University Law Review

The term “sanctuary” has long expressed a sympathy for immigrants’ rights and resistance to federal immigration enforcement. Recently, the word has become associated with another divisive political topic, as local governments have begun declaring themselves “Second Amendment Sanctuaries” in defiance of statewide gun-control measures they deem unconstitutional. This gun-rights resistance movement not only flips the political script on the nature of sanctuaries, but also presents important and challenging questions about local–state power sharing, the proper scope of “subfederal commandeering,” and the role of coordinate branches in constitutional decision-making. This Article provides the first scholarly treatment of Second Amendment Sanctuaries. In …

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Table Of Contents, Seattle University Law Review Sep 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

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The Iccpr, Non-Self-Execution, And Daca Recipients' Right To Remain In The United States, Timothy E. Lynch Jul 2020

The Iccpr, Non-Self-Execution, And Daca Recipients' Right To Remain In The United States, Timothy E. Lynch

Faculty Works

The United States is a party to the International Covenant on Civil and Political Rights (ICCPR). Article 12.4 states, “No one shall be arbitrarily deprived of the right to enter his own country.” Citizens clearly enjoy the rights of Article 12.4, but this Article demonstrates that this right reaches beyond the citizenry. Using customary methods of treaty interpretation, including reference to the ICCPR’s preparatory works and the jurisprudence of the Human Rights Committee, I demonstrate that Article 12.4 also forbids states from deporting long-term resident non-citizens – both documented and undocumented – except under the rarest circumstances. As a result, …

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