Immigration Law Commons^™

Fact Or Fiction: The Legal Construction Of Immigration Removal For Crimes, Maureen A. Sweeney

Faculty Scholarship

Thousands of long-term legal permanent residents are deported from the United States each year because they have been convicted of criminal offenses, many quite minor. These deportations occur without any of the constitutional safeguards that generally protect criminal defendants. Immigration authorities rely on cases asserting that such deportations are not punishment for the crime, but merely collateral consequences of the conviction. This article challenges that reasoning. It argues that its factual and doctrinal foundation has completely disintegrated over the last 20 years. Far-reaching changes in immigration law and enforcement have rendered deportation for aggravated felonies a “definite, immediate and largely …

Bridging The Title Vii Gap: Protecting All Workers From “Work Authorization” Discrimination, Rachel K. Alexander

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

No abstract provided.

Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine

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

No abstract provided.

Citizenship, In The Immigration Context, Matthew Lister

Maryland Law Review

No abstract provided.

"Streamlining" The Rule Of Law: How The Department Of Justice Is Undermining Judicial Review Of Agency Action, Shruti Rana

Faculty Scholarship

Judicial review of administrative decision making is an essential institutional check on agency power. Recently, however, the Department of Justice dramatically revised its regulations in an attempt to insulate its decision making from public and federal court scrutiny. These “streamlining” rules, carried out in the name of national security and immigration reform, have led to a breakdown in the rule of law in our judicial system. While much attention has been focused on the Department of Justice’s recent attempts to shield executive power from the reach of Congress, its efforts to undermine judicial review have so far escaped such scrutiny. …

Flatlining: How The Reluctance To Embrace Immigrant Nurses Is Mortally Wounding The U.S. Health Care System, Diomedes J. Tsitouras, Maria Pabon Lopez

Journal of Health Care Law and Policy

No abstract provided.

Matter Of A-T-: Opening The Door For Gender As A Particular Social Group In Asylum Applications, Kelleen O'Fallon

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

No abstract provided.

Brief Of Amici Curiae In Support Of Petitioner, Juan Rivera V. State Of Maryland, No. 08-80, Maureen A. Sweeney

Court Briefs

The petitioner requested the Maryland Court of Appeals to reverse a decision that his criminal plea of guilty was voluntary. The Court of Special Appeals of Maryland had ruled it voluntary. Law professors at the University of Maryland and the University of Baltimore filed this amicus brief in support of the petitioner.

The brief presents the issue of whether a guilty plea is voluntary and knowingly given when it is based on affirmative misinformation about the direct immigration consequences of such a plea. The amici argue that the petitioner’s plea was unconstitutionally involuntary and unknowing because his attorney, the prosecutor, …

Collateral Consequences Of Criminal Convictions To Noncitizens, Fernando A. Nuñez

Faculty Scholarship

The criminal defense attorney's intuitive pursuit of freedom for a client is almost always the best approach in the representation of individuals charged with a crime. When representing noncitizens, however, the prudent practice is to deemphasize immediate freedom and instead to focus on the collateral consequences the conviction will have on the noncitizen's immigration status.

Issues Relating To Expungement For Non-Us Citizens, Maureen A. Sweeney

Immigration Clinic

No abstract provided.

Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers’ Rights, Elizabeth Keyes

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

No abstract provided.

Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel

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

No abstract provided.

Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel

Women, Leadership & Equality

No abstract provided.

Falling Through The Cracks: The Impact Of Vawa 2005’S Unfinished Business On Immigrant Victims Of Domestic Violence, Mary B. Clark

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

No abstract provided.

The Evolving, Yet Still Inadequate, Legal Protections Afforded Battered Immigrant Women, Indira K. Balram

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

No abstract provided.

Towards Balancing A New Immigration And Nationality Act: Enhanced Immigration Enforcement And Fair, Humane And Cost-Effective Treatment Of Aliens, Christopher Nugent

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

No abstract provided.

A Check On The Real Realities Of Immigration: A Reflection, Maureen A. Sweeney

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

No abstract provided.

Immigration: Mind Over Matter, Shoba Sivaprasad Wadhia

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

No abstract provided.

Restoring The Rule Of Law: Reflections On Fixing The Immigration System And Exploring Failed Policy Choices, Katherine L. Vaughns

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

This paper reflects on issues surrounding the current debate about immigration reform, and explores failed policy choices over the past twenty years. It sets the stage first by providing a historical perspective, and noting how the events of 9/11 have inexorably changed the rhetoric and tone of the political and policy debates over immigration. It speculates about legislative choices and governmental inaction that have impeded past reform efforts and/or contributed to the current situation, thus undermining the rule of law; and observes that the undocumented immigrant population working and residing in this country today, which some lawmakers have labeled lawbreakers, …

A War On Drugs Or A War On Immigrants? Expanding The Definition Of "Drug Trafficking" In Determining Aggravated Felon Status For Noncitizens, Jeff Yates, Todd A. Collins, Gabriel J. Chin

Maryland Law Review

No abstract provided.

Broken Fences: Legal And Practical Realities Of Immigration Reform In The Post-9/11 Age, Jeanne A. Butterfield

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

No abstract provided.

Hiding The Ball: The Need For Abandoning The Immediate Custodian Rule For Writs Of Habeas Corpus Filed By Immigrant Detainees, Michael Beland, Amanda Lesher Olear

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

No abstract provided.

H-2a Workers Should Not Be Excluded From The Migrant And Seasonal Agricultural Worker Protection Act, Christopher Ryon

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

No abstract provided.

Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns

Faculty Scholarship

No abstract provided.

Immigration And Naturalization Service V. Elias-Zacarias: Partially Closing The Door On Political Asylum, Matthew H. Joseph

Maryland Law Review

No abstract provided.

Asylum Adjudications: Do State Department Advisory Opinions Violate Refugees' Rights And U.S. International Obligations?, Richard K. Preston

Maryland Law Review

No abstract provided.

Denaturalization Of Nazi War Criminals: Is There Sufficient Justice For Those Who Would Not Dispense Justice?

Maryland Law Review

No abstract provided.

Asian Immigrants And Their Status In The U.S., Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.