Immigration Law Commons^™

Pereida V. Wilkinson: Subjecting Immigrants To An Uphill Climb In Obtaining Relief From Deportation, Luca V. Artista

Maryland Law Review

No abstract provided.

Citizenship Federalism, Emily R. Chertoff

Maryland Law Review

No abstract provided.

A Land Of Opportunity, Suzi Morales

Maryland Carey Law

No abstract provided.

“A Very Great Penalty”: Mexican Immigration, Race, And 8 U.S.C § 1326, Benjamin Gonzalez O'Brien

Maryland Journal of International Law

No abstract provided.

Mental Healthcare For Immigrants And First-Generation Families: Erasing The Stigma And Creating Solutions, Claudia Fendian

Journal of Health Care Law and Policy

No abstract provided.

A Free Pass On Racism: Immigration And The Equal Protection Doctrine, Kara Hartzler

Maryland Journal of International Law

No abstract provided.

Deconstructing Race In Immigration Law’S Origin Stories, Karla Mckanders

Maryland Journal of International Law

No abstract provided.

From Apology To Action: A Comment On Transitional Justice In The United States And Canada, Victoria Roman

Maryland Journal of International Law

No abstract provided.

Prosecutorial Discretion And Immigration Arrest: How Criminal Arrests Set Immigration Enforcement Priorities, Eisha Jain

Maryland Journal of International Law

No abstract provided.

Accessing Justice: A Call For Reparations For The Survivors Of Medical Abuse At The Irwin County Detention Center, Amelia Wilson

Maryland Journal of International Law

No abstract provided.

Regulating The Border, Eunice Lee

Maryland Law Review

No abstract provided.

Cell Phones And The Border Search Exception: Circuits Split Over The Line Between Sovereignty And Privacy, Gina R. Bohannon

Maryland Law Review

No abstract provided.

Enforcing/Protection: The Danger Of Chevron In Refugee Act Cases, Maureen A. Sweeney

Faculty Scholarship

United States immigration courts that decide asylum cases are situated within the Justice Department – a law enforcement agency deeply invested in enforcing border control – and are subordinate to the Attorney General, the nation’s politically appointed chief law enforcement officer. This institutional subjugation of immigration judges and the Board of Immigration Appeals challenges the system’s integrity and leaves people seeking protection promised by international treaty to the whims of an enforcement agency. Courts exacerbate the problem when they give Chevron deference to those Justice Department decisions rather than reviewing them rigorously. Given the prosecutorial nature of the Justice Department, …

United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch, Daniel R. Schutrum-Boward

Maryland Law Review

No abstract provided.

Improving Outcomes In Immigration Court

Maryland Carey Law

No abstract provided.

Medical Repatriation: The Dangerous Intersection Of Health Care Law And Immigration, Katelynn Donelson

Journal of Health Care Law and Policy

No abstract provided.

Immigration Surveillance, Anil Kalhan

Maryland Law Review

In recent years, immigration enforcement levels have soared, yielding a widely noted increase in the number of noncitizens removed from the United States. Less visible, however, has been an attendant sea change in the underlying nature of immigration governance itself, hastened by new surveillance and dataveillance technologies. Like many other areas of contemporary governance, immigration control has rapidly become an information-centered and technology-driven enterprise. At virtually every stage of the process of migrating or traveling to, from, and within the United States, both noncitizens and U.S. citizens are now subject to collection and analysis of extensive quantities of personal information …

Border Fixation: The Appearance Of Security And Control In Immigration Reform, Katherine L. Vaughns

Faculty Scholarship

Immigration reform is the subject of intense discussion among politicians, policy experts, analysts, and advocacy groups alike; America’s never-ending debate which today has been infected with shameless demagoguery, rendering sound policy choices virtually impossible. And in this political cauldron, the appearance of border security and control through symbolism and political rhetoric substitute for the practical realities that are essential to inform policymakers about the appropriate administration and enforcement of U.S. immigration laws. For Congress has had an ongoing, unsound focus on sealing the border it shares with Mexico, its southwestern neighbor, seemingly without regard to costs especially in the post-9/11 …

Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman

University of Maryland Law Journal of Race, Religion, Gender and Class

"Promoting Language Access in the Legal Academy," details the progress made by the legal profession in meeting the needs of individuals with limited English language proficiency. The authors outlines the current need, summarizes various approaches taken by law schools, and emphasizes the value of training bilingual law students as well as mobilizing a cadre of undergraduate interpreters.

Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández

Maryland Law Review

No abstract provided.

Deferred Action For Childhood Arrivals: Why Granting Driver’S Licenses To Daca Beneficiaries Makes Constitutional And Political Sense, Kari E. D'Ottavio

Maryland Law Review

No abstract provided.

American Dreams, Trafficking Nightmares, Mariana C. Minaya

Student Articles and Papers

Under the H-2 visa scheme, American employers rely on labor recruiters to venture abroad, find prospective employees, and commit them to an employment contract for seasonal or temporary work on American farms, construction sites, hotel staffs, and other businesses. Rogue recruiters, operating in foreign countries far from the view of their American employers or law enforcement, are in effect free to employ a variety of unscrupulous means for enticing and obtaining prospective recruits. They may lie about the nature of the work that awaits the recruits in the United States, charge them illegal fees that leave them in crushing debt, …

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Faculty Scholarship

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …

Chevron Without The Courts? The Supreme Court's Recent Chevron Jurisprudence Through An Immigration Lens, Shruti Rana

Faculty Scholarship

The limits of administrative law are undergoing a seismic shift in the immigration arena. Chevron divides interpretive and decision-making authority between the federal courts and agencies in each of two steps. The Supreme Court may now be transforming this division in largely unrecognized ways. These shifts, currently playing out in the immigration context, may threaten to reshape deference jurisprudence by handing more power to the immigration agency just when the agency may be least able to handle that power effectively.

An unprecedented surge in immigration cases—now approximately 90% of the federal administrative docket—has arrived just as the Court is whittling …

Chamber Of Commerce Of U.S. V. Whiting: The Possibility Of Anti-Discriminatory Immigration Reform In An Era Of Resurgent Federalism, Keelan Diana

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Yi Ni V. Holder: Forced Abortion’S Impact On A Husband’S Right To Reproduce, Brandon K. Moore

Maryland Law Review

No abstract provided.

Citizenship Under Fire: The Forging Of The New Americans, Shruti Rana

Faculty Scholarship

This essay reviews and critiques two new books on the debate over immigration and citizenship, Anna O. Law, The Immigration Battle in American Courts, and Ediberto Roman, Citizenship and Its Exclusions: A Classical, Constitutional, and Critical Race Critique. Law’s book takes a procedural approach to unraveling the complex immigration cases emanating from the U.S. courts of appeals and the U.S. Supreme Court. This essay challenges some of Law’s conclusions and suggests methodological alterations that may strengthen her key arguments. Roman’s book is distinct from Law’s in that it takes on a much broader historical and procedurialist view of the …

Balancing National Security And International Responsibility: The Immigration System’S Legal Duty To Asylees Fleeing Gang Violence In Central America, Margot Kniffin

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Where Do We Go From Padilla V. Kentucky? Thoughts On Implementation And Future Directions, Maureen A. Sweeney

Faculty Scholarship

On March 31, 2010, the U.S. Supreme Court held in the landmark case of Padilla v. Kentucky that the Sixth Amendment right to effective assistance of counsel in criminal cases includes the right for non-U.S. citizens to be correctly and specifically advised about the likely immigration consequences of a plea agreement. The decision represents an important shift in the way courts have addressed such claims by noncitizen defendants. The Court’s decision recognizes a constitutional requirement that defense counsel provide advice in an area of law in which few defense counsel are knowledgeable, and therefore raises important and difficult questions about …

Penalty And Proportionality In Deportation For Crimes, Maureen A. Sweeney, Hillary Scholten

Faculty Scholarship

No abstract provided.