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Articles 1 - 30 of 109
Full-Text Articles in Immigration Law
Textualism, The Fourteenth Amendment’S Citizenship Clause, “Subject To The Jurisdiction Thereof,” And Whether Article Iii’S Treason Clause Could Be The Answer, Christian Ketter
Textualism, The Fourteenth Amendment’S Citizenship Clause, “Subject To The Jurisdiction Thereof,” And Whether Article Iii’S Treason Clause Could Be The Answer, Christian Ketter
Nevada Law Journal
No abstract provided.
Immigration’S Prejudice Problem, S. Ellie Norton
Immigration’S Prejudice Problem, S. Ellie Norton
Nevada Law Journal
With immigration enforcement sharply rising, noncitizens increasingly face deportation with few constitutional protections. Yet many remain at least entitled to a fundamentally fair hearing before an immigration court. Even before the current administration, however, immigration courts had become notorious for systematically violating noncitizens’ due process rights. And while other scholars have suggested broadscale reforms to tackle this problem, statutory and regulatory change has become all but unachievable. This Article offers a new and timely solution: reforming the framework for direct review of immigration court due process violations. In most jurisdictions, noncitizens asserting these violations must prove on appeal not only …
Civil Rights Microviolations, Michael Kagan, Alissa Cooley Yonesawa
Civil Rights Microviolations, Michael Kagan, Alissa Cooley Yonesawa
Scholarly Works
No abstract provided.
Second-Class Asylum, Third-Country Danger, Michael Kagan
Second-Class Asylum, Third-Country Danger, Michael Kagan
Scholarly Works
The Trump Administration has aggressively pursued a policy of deporting people who have been found to be in danger of persecution or torture in their countries of origin to third countries. It has primarily impacted people who have two types of what may be called second-class asylum, namely withholding or deferral or removal. This Article examines the structural problems posed by second-class asylum as defined in the Immigration and Nationality Act (INA). The INA’s collection of tiered protected status for people in danger in their countries of origin was always illogical, though its incoherency was more manageable before 2025, when …
287(G) Or Not 287(G)? That Is The Question: Nevada’S Role In Regulating Local-Federal Cooperation On Immigration Enforcement, Zachary Sweetin, Elizabeth Swenson
287(G) Or Not 287(G)? That Is The Question: Nevada’S Role In Regulating Local-Federal Cooperation On Immigration Enforcement, Zachary Sweetin, Elizabeth Swenson
Nevada Law Journal Forum
This White Paper aims to examine the authority of local agencies and institutions in Nevada to enter into cooperative 287(g) agreements with ICE without state approval. Part I provides an overview of the history and structure of 287(g) agreements, including the recent adoption of this cooperative model by four Nevada jurisdictions. This Paper will also explore sections of Nevada Re- vised Statutes that may affect the legality of 287(g) agreements, focusing in Part II on Nevada’s modified Dillon’s Rule and in Part III on Nevada Revised Statutes (NRS) 228.206. Using pending American Civil Liberties Union of Nevada (ACLU) litigation against …
Immigration Detention Expansion By Stealth, Denise Gilman
Immigration Detention Expansion By Stealth, Denise Gilman
Nevada Law Journal
No abstract provided.
The Solitary Confinement Crisis In Immigration Detention, Sabrineh Ardalan, Arevik Avedian, Philip L. Torrey
The Solitary Confinement Crisis In Immigration Detention, Sabrineh Ardalan, Arevik Avedian, Philip L. Torrey
Nevada Law Journal
No abstract provided.
Digital Speech And Future Persecution, Liane M. Jarvis Cooper
Digital Speech And Future Persecution, Liane M. Jarvis Cooper
Nevada Law Journal
No abstract provided.
A Faster Way To Yes: Re-Balancing American Asylum Procedures, Michael Kagan
A Faster Way To Yes: Re-Balancing American Asylum Procedures, Michael Kagan
Scholarly Works
The United States asylum system, like many other asylum systems, is under immense pressure to process asylum applications faster. The primary response to this pressure is negative, namely to deny asylum claims quickly by categorizing them as manifestly unfounded. In the United States, this is done through the “credible fear” process. This negative orientation leads to a structural imbalance in which denials can be fast and easy for the system, but approvals take time and extensive effort. Using domestic and international comparative examples, this Article proposes re-balancing the asylum system by establishing a process for expedited approvals of clearly eligible …
Taxing Undocumented Immigrants Redux, Francine J. Lipman
Taxing Undocumented Immigrants Redux, Francine J. Lipman
Scholarly Works
No abstract provided.
Illuminating The Shadow Docket: On The Increasing Impacts Of This Evolving Judicial Procedure, Sarah Voehl
Illuminating The Shadow Docket: On The Increasing Impacts Of This Evolving Judicial Procedure, Sarah Voehl
Nevada Law Journal
No abstract provided.
Ready To Do The Difficult Work Ahead: The Legal Legacy Of Senator Harry Reid, Robert Lemus, Sarah Voehl
Ready To Do The Difficult Work Ahead: The Legal Legacy Of Senator Harry Reid, Robert Lemus, Sarah Voehl
Nevada Law Journal Forum
This White Paper examines the legal legacy of Harry Reid, who served Nevada in the Senate for thirty years and rose to the position of Majority Leader from 2007 to 2015. Senator Reid's work on land and water policy, climate change, immigration, gaming, and labor deeply affected Nevada and the United States as a whole. Through his positions of leadership, he secured funding for critical infrastructure projects, protected public lands, championed renewable energy, passed the Affordable Care Act, fought for immigration reform, and advocated for labor and gaming issues. This paper concludes that Senator Reid's legal legacy is a powerful …
Nevada As An Example: State Immigration Reform In A Swing State, Michael Kagan, Selena Torres, Jorge "Coco" Padilla
Nevada As An Example: State Immigration Reform In A Swing State, Michael Kagan, Selena Torres, Jorge "Coco" Padilla
Nevada Law Journal
No abstract provided.
Stopping Anti-Asian Hate: Local Solutions To A National Problem, Stewart Chang
Stopping Anti-Asian Hate: Local Solutions To A National Problem, Stewart Chang
Nevada Law Journal
No abstract provided.
Racial Contagion: Anti-Asian Nationalism, The State Of Emergency, And Exclusion, Stewart Chang
Racial Contagion: Anti-Asian Nationalism, The State Of Emergency, And Exclusion, Stewart Chang
Scholarly Works
No abstract provided.
Regulatory Constitutional Law: Protecting Immigrant Free Speech Without Relying On The First Amendment, Michael Kagan
Regulatory Constitutional Law: Protecting Immigrant Free Speech Without Relying On The First Amendment, Michael Kagan
Scholarly Works
No abstract provided.
In Defense Of Deportation Defense, Michael Kagan
In Defense Of Deportation Defense, Michael Kagan
Scholarly Works
Recent years have seen growing momentum toward expanding public funding for legal defense of immigrants fighting deportation. Yet, some recent scholarship argues that government-funded deportation defense carries the risk of legitimizing and entrenching an unsalvageable immigration enforcement system that should simply be abolished. As a result, immigrant rights advocates might hesitate to support deportation defense. This Essay argues that such hesitation would be a mistake. Legal defense is the most feasible means available right now to stop many deportations, and expanding deportation defense resources will strengthen the immigrant rights movement locally and nationally. Expanding deportation defense should be a high …
Women Of Color In Immigration Enforcement, Kit Johnson
Women Of Color In Immigration Enforcement, Kit Johnson
Nevada Law Journal
No abstract provided.
Cruelty Was The Point: Theories Of Recovery For Family Separation Anddetention Abuses, Sarah Rogerson
Cruelty Was The Point: Theories Of Recovery For Family Separation Anddetention Abuses, Sarah Rogerson
Nevada Law Journal
No abstract provided.
Chevron’S Asylum: Judicial Deference In Refugee Cases, Michael Kagan
Chevron’S Asylum: Judicial Deference In Refugee Cases, Michael Kagan
Scholarly Works
Chevron deference is at the height of its powers in refugee and asylum cases, with the highest possible human consequences. Why does the Supreme Court seem so comfortable with Chevron deference in asylum cases when it has been reluctant to defer to the government in other kinds of deportation cases? More to the point, is this deference justified? There are cogent arguments justifying more deference in asylum cases than in other kinds of deportation cases. These arguments rest to a great extent on the premise that greater political accountability is a good thing when interpreting a statute. Yet in a …
Immigration And Naturalization, Stewart Chang, Sabrina Damast, Anju Gupta, Pooja Mehta, Samantha Rumsey
Immigration And Naturalization, Stewart Chang, Sabrina Damast, Anju Gupta, Pooja Mehta, Samantha Rumsey
Scholarly Works
Immigration law has always been interesting and controversial. Yet in 2018, it became disproportionately so. Law and policymakers identified issues such as unlawful migration, the border between the United States and Mexico, Muslim immigration, and even high-skilled worker visas as critical election issues in anticipation of the 2018 midterm election. Additionally, the current U.S. Executive Branch has taken a hardline approach to immigration, pursuing opportunities to limit, rather than expand, access by non-citizens to U.S. opportunities. As a prime policy example, the fact that U.S. Citizenship and Immigration Services (USCIS), that is responsible for processing immigration and naturalization applications and …
Old Lines In New Battles: An Overlooked Yet Useful Statute To Confront Exploitation Of Undocumented Workers By Employers And By Ice, Aviam Soifer
Nevada Law Journal
No abstract provided.
“Liquidated Damages” In Guest Worker Contracts: Involuntary Servitude, Debt Peonage Or Valid Contract Clause?, Maria L. Ontiveros
“Liquidated Damages” In Guest Worker Contracts: Involuntary Servitude, Debt Peonage Or Valid Contract Clause?, Maria L. Ontiveros
Nevada Law Journal
No abstract provided.
Families Across Borders: When Immigration And Family Law Collide-Minors Crossing Borders, Stewart Chang
Families Across Borders: When Immigration And Family Law Collide-Minors Crossing Borders, Stewart Chang
Scholarly Works
No abstract provided.
Universities As “Sanctuaries”, Maryam Ahranjani
Universities As “Sanctuaries”, Maryam Ahranjani
Scholarly Works
When Donald Trump, a businessman and reality television personality with antiimmigrant views, was elected President of the United States in November 2016, thousands of students, faculty and staff at many colleges and universities around the country implored their institutions to affirmatively declare themselves sanctuaries for undocumented students. Enjoying support both from the estimated 200,000 undocumented university students and other stakeholders, the movement gained quite a bit of momentum, but many contentious battles also have occurred. According to the author's empirical analysis, only twenty of the more than 5,000 institutions of higher education in the United States have adopted the sanctuary …
Chevron's Liberty Exception, Michael Kagan
Chevron's Liberty Exception, Michael Kagan
Scholarly Works
This Article argues that the Supreme Court’s practice in immigration cases reflects an unstated but compelling limitation on Chevron deference. Judicial deference to the executive branch is inappropriate when courts review the legality of a government intrusion on physical liberty. This norm is illustrated by the fact that the Court has not meaningfully applied Chevron deference in cases concerning deportation, and also has seemed reluctant to do so in cases concerning immigration detention. It is a logical extension of the established rule that Chevron deference does not apply to questions of criminal law. By contrast, the Court applies Chevron deference …
What We Talk About When We Talk About Sanctuary Cities, Michael Kagan
What We Talk About When We Talk About Sanctuary Cities, Michael Kagan
Scholarly Works
In this Essay, Professor Michael Kagan asserts when immigrant rights advocates ask their local, state and university leaders to become "sanctuary cities," "sanctuary states," "sanctuary campuses," and so on, they carelessly hurt immigrants in places like Nevada, Texas, and Arizona. And there are a lot of immigrants in those states. People who mean to help immigrants are hurting them. He first sets out assumptions he makes about the semantics and politics of "sanctuary" debates. These assumptions include setting out the kind of actual policies that are usually under consideration when people invoke the sanctuary label, and a way of understanding …
Toward Universal Deportation Defense: An Optimistic View, Michael Kagan
Toward Universal Deportation Defense: An Optimistic View, Michael Kagan
Scholarly Works
One of the most positive responses to heightened federal enforcement of immigration laws has been increasing local and philanthropic interest in supporting immigrant legal defense. These measures are tentative and may be fleeting, and for the time being are not a substitute for federal support for an immigration public defender system. Nevertheless, it is now possible to envision many more immigrants in deportation having access to counsel, maybe even a situation in which the majority do. In this paper, Professor Michael Kagan makes no real predictions. Instead, he offers a deliberately-perhaps even blindly optimistic assessment of how concrete steps that …
Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf
Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf
Scholarly Works
Non-precedent decisions are the norm in federal appellate courts, and are seen by judges as a practical necessity given the size of their dockets. Yet the system has always been plagued by doubts. If only some decisions are designated to be precedents, questions arise about whether courts might be acting arbitrarily in other cases. Such doubts have been overcome in part because nominally unpublished decisions are available through standard legal research databases. This creates the appearance of transparency, mitigating concerns that courts may be acting arbitrarily. But what if this appearance is an illusion? This Article reports empirical data drawn …
Is The Chinese Exclusion Case Still Good Law? (The President Is Trying To Find Out), Michael Kagan
Is The Chinese Exclusion Case Still Good Law? (The President Is Trying To Find Out), Michael Kagan
Nevada Law Journal Forum
In this Essay, I want to make the argument that the validity of the Chinese Exclusion Case is the central question in the challenges to President Trump’s travel bans. The facts are closely analogous. Moreover, the Chinese Exclusion Case is the seminal, canonical decision establishing vast federal power over immigration control. Resolving the present challenges to the Trump Executive Orders requires us to determine, once and for all, if that 1889 decision was rightly decided. But if that case cannot survive given what we know of constitutional law in the twenty first century, we must be precise about what exactly …