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Articles 31 - 60 of 83
Full-Text Articles in Immigration Law
Rolling Back The Tide: Challenging The Criminalization Of Immigrants In Washington State, Angélica Cházaro
Rolling Back The Tide: Challenging The Criminalization Of Immigrants In Washington State, Angélica Cházaro
Articles
No abstract provided.
Rebellious State Crimmigration Enforcement And The Foreign Affairs Power, Mary Fan
Rebellious State Crimmigration Enforcement And The Foreign Affairs Power, Mary Fan
Articles
The propriety of a new breed of state laws interfering in immigration enforcement is pending before the Supreme Court and the lower courts. These laws typically incorporate federal standards related to the criminalization of immigration ("crimmigration'), but diverge aggressively from federal enforcement policy. Enacting states argue that the legislation is merely a species of "cooperative federalism" that does not trespass upon the federal power over foreign affairs, foreign commerce, and nationality rules since the laws mirror federal standards. This Article challenges the formalist mirror theory assumptions behind the new laws and argues that inconsistent state crimmigration enforcement policy and resulting …
A Lesser-Known Immigration Crisis: Federal Immigration Law In The Commonwealth Of The Northern Mariana Islands, Robert J. Misulich
A Lesser-Known Immigration Crisis: Federal Immigration Law In The Commonwealth Of The Northern Mariana Islands, Robert J. Misulich
Washington International Law Journal
After voluntarily entering into a political union with the United States, the Commonwealth of the Northern Mariana Islands (“CNMI”) administered its own immigration system and allowed thousands of guest workers to enter and remain indefinitely. Guest workers contributed to the exponential growth of the CNMI economy during the 1980s and 1990s. However, labor and human rights abuses under this system led to public outrage in the mainland United States, prompting numerous attempts to bring the CNMI within the jurisdiction of federal immigration law. Federalization occurred after Congress passed the Consolidated Natural Resources Act of 2008 (“CNRA”). Although well intentioned, the …
Post-Racial Proxies: Resurgent State And Local Anti-"Alien" Laws And Unity-Rebuilding Frames For Antidiscrimination Values, Mary D. Fan
Articles
Though unauthorized migration into the United States has diminished substantially since 2007, anti-“illegal alien” state and local laws and furor are flaring again. While one of the biggest worries regarding such “anti-alien” laws is the risk of racialized harm, courts invalidating overreaching statutes are relying on structural or procedural grounds, such as preemption and due process doctrines. [PARA] This Article examines how these political and legal trends point to how proxies are used in a post-racial era to dance around race, in constructive, national unity-rebuilding as well as divisive, inflammatory ways. Anti-alien legislation is a proxy way to vent resurgent …
Ninth Circuit V. Board Of Immigration Appeals: Defining "Sexual Abuse Of A Minor" After Estrada-Espinoza V. Mukasey, Enoka Herat
Ninth Circuit V. Board Of Immigration Appeals: Defining "Sexual Abuse Of A Minor" After Estrada-Espinoza V. Mukasey, Enoka Herat
Washington Law Review
Under the Immigration and Nationality Act (INA), lawful permanent residents are rendered removable if they commit an “aggravated felony” at any time after they are admitted into the United States. Significant interpretive issues arise in determining whether a non-citizen’s state-based criminal conviction meets the INA’s definition of an aggravated felony. One aggravated felony enumerated in the INA is “sexual abuse of a minor.” The Board of Immigration Appeals (BIA) has interpreted the phrase using a broad federal definition as a guide. In Estrada-Espinoza v. Mukasey, however, the Ninth Circuit declined to defer to the BIA’s interpretation because the BIA’s …
Preempting State E-Verify Regulations: A Case Study Of Arizona's Improper Legislation In The Field Of "Immigration-Related Employment Practices", Rachel Feller
Washington Law Review
In 1996, Congress established E-Verify, a program that allows employers to confirm the employment eligibility of new hires by using a federal electronic database. Although the federal government makes the program voluntary for employers, some states and municipalities have enacted legislation requiring the program’s use to prevent the employment of undocumented workers. Some of these state laws have been challenged in federal court on the grounds that they are preempted by federal law, particularly the Immigration Reform and Control Act of 1986 (IRCA). Courts have divided on this issue. This Comment explains the boundaries of preemption in the context of …
Trading Information For Safety: Immigrant Informants, Federal Law-Enforcement Agents, And The Viability Of Non-Deportation Agreements, Colleen Melody
Trading Information For Safety: Immigrant Informants, Federal Law-Enforcement Agents, And The Viability Of Non-Deportation Agreements, Colleen Melody
Washington Law Review
Federal law-enforcement agents use informants to help guide investigations. Immigrants sometimes possess valuable information about organized crime connected with their home countries. To persuade an immigrant to divulge such information, federal agents and prosecutors often promise to reward cooperation with permission to stay in the United States. Non-deportation is a persuasive enticement to an informant who might otherwise be unwilling to help; criminal groups would likely harm a known informant returning home. After deciding to cooperate, many immigrants are placed in deportation proceedings notwithstanding their deals. This Comment discusses the persistent legal conundrum faced by immigrant informants after the U.S. …
Ask, Don’T Tell: Ethical Issues Surrounding Undocumented Workers’ Status In Employment Litigation, Christine N. Cimini
Ask, Don’T Tell: Ethical Issues Surrounding Undocumented Workers’ Status In Employment Litigation, Christine N. Cimini
Articles
The presence of an estimated 11.5 million undocumented immigrants in the United States, of which an estimated 7.2 million are working, has become a flashpoint in the emerging national debate about immigration. Given these statistics, it is not surprising that many undocumented workers suffer injuries in the workplace that are typically legally cognizable. Even though undocumented workers are entitled to a number of legal remedies related to their employment, seeking legal relief often raises heightened concerns about the disclosure of their status. This article explores lawyers' increasingly complex ethical obligations with regard to a client's immigration status in the context …
When Deterrence And Death Mitigation Fall Short: Fantasy And Fetishes As Gap-Fillers In Border Regulation, Mary D. Fan
When Deterrence And Death Mitigation Fall Short: Fantasy And Fetishes As Gap-Fillers In Border Regulation, Mary D. Fan
Articles
Drawing on fieldwork and political theory with Lacanian psychoanalytic influences, this article analyzes how fantasy and fetishes help sustain strategies shown to be no solution to U.S. border control problems. More than a decade after the official launch of the border control paradigm of "prevention through deterrence," predicated on the assumption that ramping up walls, barriers, policing, and the human costs of border crossing would deter, there has been scant evidence of deterrence and much evidence of diversion of migrants to more dangerous crossing points where death rates have soared. Attempts to mitigate the cost to life have also proved …
An Administrative "Death Sentence" For Asylum Seekers: Deprivation Of Due Process Under 8 U.S.C. § 1158(D)(6)'S Frivolousness Standard, E. Lea Johnston
An Administrative "Death Sentence" For Asylum Seekers: Deprivation Of Due Process Under 8 U.S.C. § 1158(D)(6)'S Frivolousness Standard, E. Lea Johnston
Washington Law Review
In 1996, Congress amended the Immigration and Nationality Act by providing a new sanction for asylum seekers: if an immigration judge makes a finding that a noncitizen has knowingly filed a fraudulent asylum application, then that person is permanently ineligible for immigration benefits. For eleven years, immigration judges, the Board of Immigration Appeals, and federal courts have imposed and reviewed this sanction without specifying a burden of proof. When it did act to fill the statutory gap in April 2007, the Board held that the government must prove the elements of the statute by a preponderance of the evidence. This …
New Word, Same Problems: Entry, Arrival, And The One-Year Deadline For Asylum Seekers, Joanna R. Mareth
New Word, Same Problems: Entry, Arrival, And The One-Year Deadline For Asylum Seekers, Joanna R. Mareth
Washington Law Review
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) imposed a one-year filing deadline on all applications for asylum. Under this law, an alien applying for asylum bears the burden of showing that he or she applied for asylum within one year of arrival into the United States. The word "arrival" is not defined in immigration law, but the Second Circuit recently held that not every border crossing into the country is an "arrival" for purposes of the asylum filing deadline. The court's reasoning was reminiscent of the U.S. Supreme Court's 1963 decision in Rosenberg v. Fleuti, …
New Word, Same Problems: Entry, Arrival, And The One-Year Deadline For Asylum Seekers, Joanna R. Mareth
New Word, Same Problems: Entry, Arrival, And The One-Year Deadline For Asylum Seekers, Joanna R. Mareth
Washington Law Review
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) imposed a one-year filing deadline on all applications for asylum. Under this law, an alien applying for asylum bears the burden of showing that he or she applied for asylum within one year of arrival into the United States. The word "arrival" is not defined in immigration law, but the Second Circuit recently held that not every border crossing into the country is an "arrival" for purposes of the asylum filing deadline. The court's reasoning was reminiscent of the U.S. Supreme Court's 1963 decision in Rosenberg v. Fleuti, …
The Persecutor Bar In U.S. Immigration Law: Toward A More Nuanced Understanding Of Modern "Persecution" In The Case Of Forced Abortion And Female Genital Cutting, Lori K. Walls
Washington International Law Journal
Congress installed the persecutor bar to asylum seekers in the United States thirty years after the end of World War II to facilitate the deportation of Nazi war criminals. The persecutor bar’s legal evolution was rooted in part in the practical difficulties of prosecuting crimes committed in the distant past. The bar also is based on the notion, problematic in modern contexts, that persecution has a corollary persecutor. The persecutor bar does not map well to the messy political, cultural, and practical realities that give rise to modern “persecutors.” Ten years ago, for example, forces from opposite ends of the …
The Immigration-Terrorism Illusory Correlation And Heuristic Mistake, Mary De Ming Fan
The Immigration-Terrorism Illusory Correlation And Heuristic Mistake, Mary De Ming Fan
Articles
The national broil over immigration reform is fermenting an illusory correlation and mistaken heuristic. Two events illustrate the involvement of legislators in the manufacture and mplification of this heuristic mistake. A controversial bill passed by the House of Representatives in December 2005 explicitly and extensively packaged immigration control with antiterrorism.' During his term as a congressman, J. D. Hayworth published a book claiming that inflows of people over the U.S.-Mexico border pose a "terrorist threat," that the nation has witnessed an "illegal alien crime spree," and that high immigration rates from Mexico threaten social instability.[para] Such pronouncements by legislators generate …
Be Careful What You Ask For: Educacion Para Todas/Os, The Perils And The Power, Jessica Solyom, Jeremiah Chin, Kristi Ryujin
Be Careful What You Ask For: Educacion Para Todas/Os, The Perils And The Power, Jessica Solyom, Jeremiah Chin, Kristi Ryujin
Articles
Demonstrations supporting human and civil rights, while often romanticized as a phenomenon of the past, are becoming more pervasive today, reflecting the continued forms of discrimination and oppression undocumented workers, individuals, and families experience. In the past few years, Utah residents have been engaged in their own battle to determine the level of support the state is willing to extend students of color interested in attending institutions of higher education. On the "frontstage" many of the state's universities echo a rhetoric of support for diversity. Some even go as far as to outline their commitment to diversity as part of …
Abay V. Ashcroft: The Sixth Circuit's Baseless Expansion Of Ina § 101(A)(42)(A) Revealed A Gap In Asylum Law, Wes Henricksen
Abay V. Ashcroft: The Sixth Circuit's Baseless Expansion Of Ina § 101(A)(42)(A) Revealed A Gap In Asylum Law, Wes Henricksen
Washington Law Review
In Abay v. Ashcroft, the United States Court of Appeals for the Sixth Circuit held that a noncitizen mother qualified for asylum based on her fear that her daughter, who qualified as a refugee, would undergo female genital mutilation if her daughter were to return to the family's home country. The Immigration and Nationality Act (INA) provides derivative asylum for spouses and children, but not parents, of refugees granted asylum. Parents of asylees must therefore independently qualify for asylum under INA § 101(a)(42)(A), which requires that the applicant show a well-founded fear of persecution if returned to the applicant's …
The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya
The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya
Washington International Law Journal
A fundamental step that the 1994 Australian Migration Regulations developed into the immigration framework was to grant certain concessions to non-Australian spouses and interdependent partners who suffer domestic violence at the hands of their Australian counterparts. Victims of domestic violence are eligible to apply for permanent residence notwithstanding the otherwise applicable two-year waiting period. To understand the domestic violence exception, this Article explores the jurisprudence that has emerged from courts and other immigration tribunals. The Article proposes that further legislative and policy changes should be made in order to seal identified "gaps," and to provide clear guidance to interested parties, …
Trading In Human Misery: A Human Rights Perspective On The Tampa Incident, Irene Khan
Trading In Human Misery: A Human Rights Perspective On The Tampa Incident, Irene Khan
Washington International Law Journal
The Tampa case does not stand in isolation. It is part of a wider pattern of restrictive asylum policies. To fully understand the significance of the Tampa case, one should go back more than two decades to the exodus of the Vietnamese boat people. Then, as now, boatloads of asylum seekers were pushed away, and refugees were detained on small islands, including, for example, Galang Island in Indonesia. Then, as now, many asylum seekers drowned as their calls of distress went unnoticed or unheeded. In response to this exodus, asylum, as a permanent solution to refugee problems, was diminished with …
Refugees And Responsibility In The Twenty-First Century: More Lessons Learned From The South Pacific, Guy S. Goodwin-Gill
Refugees And Responsibility In The Twenty-First Century: More Lessons Learned From The South Pacific, Guy S. Goodwin-Gill
Washington International Law Journal
[G]overnments throughout the world have tried to avoid dealing with the difficult questions raised by refugee and related movements. One method is to seek to redefine the problem as one not involving obligation or responsibility. Some governments also use the law in an attempt to limit the scope of their obligations. Another technique . . . is to engage in an exercise of extra-territorial jurisdiction . . . and to seek to justify that practice on the ground that somehow obligations towards refugees need not be observed. States have also tried detention, discriminatory treatment, and denial of other human rights …
The Failure Of Domestic And International Mechanisms To Redress The Harmful Effects Of Australian Immigration Detention, Adrienne D. Mcentee
The Failure Of Domestic And International Mechanisms To Redress The Harmful Effects Of Australian Immigration Detention, Adrienne D. Mcentee
Washington International Law Journal
Australia's Migration Act explicitly permits the government to detain non-citizens seeking entry without visas, including those who request asylum. Detainees wait up to five years for their immigration claims to be processed in detention centers managed by Australasian Correctional Management ("ACM"), a subsidiary of U.S. corporation Wackenhut Corrections. Arriving asylum-seekers often suffer the lasting effects of torture, threats of death, and other traumatic conditions-effects that are exacerbated by detention conditions. This Comment emphasizes detention's effects on children, who suffer health and other problems while detained. Detainees, Australian citizens, and overseas commentators are now protesting against the detention policy. The government's …
Introduction To The Refugee Law Forum, Joan Fitzpatrick
Introduction To The Refugee Law Forum, Joan Fitzpatrick
Washington International Law Journal
The ripple effects on refugee protection from the events of August and September 2001, arising out of the rescue at sea of 433 asylum seekers by the M/V Tampa, have been substantial. It is too early to determine whether they will be as profound and as corrosive as the impact of the terrorist attacks of September 11, 2001 on other intemational legal norms, including those relating to preventive detention and to "securitizing international migration."' Australia's actions with respect to the Tampa and subsequent intercepted vessels, and its September 2001 legislation, establish a framework in which asylum seekers who arrive …
In The Wake Of The Tampa: Conflicting Visions Of International Refugee Law In The Management Of Refugee Flows, Mary Crock
Washington International Law Journal
The Australian Government's decision in August 2001 to close its doors to a maritime Good Samaritan, Norwegian Captain Rinnan, his crew, and 433 Afghan and Iraqi rescuees, provided a curious contrast to the image of humanity, generosity, and openness that Australia tried so hard to foster during the 2000 Olympic Games in Sydney. Victims or villains according to how the facts and the law are characterized, the MI/V Tampa rescuers represented for lawyers the intersection of a variety of areas of law and a clash of legal principles. The ambiguities in both international and state law pertaining to asylum seekers …
"Pacific Solution"? The Sinking Right To Seek Asylum In Australia, Emily C. Peyser
"Pacific Solution"? The Sinking Right To Seek Asylum In Australia, Emily C. Peyser
Washington International Law Journal
On August 26, 2001, Australia attracted worldwide media attention by refusing entry to over 430 Afghan and Iraqi asylum seekers who were rescued at sea by a Norwegian freighter. Australia's Parliament subsequently passed legislation to heighten already strict migration laws pertaining to boat migrants. Even though Australia is party to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, recent developments in national asylum policies retreat from the legal obligations, as well as the spirit, of these international treaties. Australia, however, is not the only country acting to deter boat migrants; the United States, for example, …
Kim Ho Ma V. Reno: Cloaking Judicial Activism As Constitutional Avoidance, Matthew E. Hedberg
Kim Ho Ma V. Reno: Cloaking Judicial Activism As Constitutional Avoidance, Matthew E. Hedberg
Washington Law Review
In Kim Ho Ma v. Reno, the Ninth Circuit rewrote the plain language of § 241(a)(6) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) to avoid a constitutional defect in the statute. Section 123 1(a)(6) of Title 8 of the U.S. Code, which codifies § 241(a)(6) of the IIRIRA, authorizes the Attorney General to detain criminal aliens, or removable aliens posing a danger to the community or a danger of flight risk, beyond the statutory removal period if they have not been removed from the country. Under the guise of constitutional avoidance, the Ma court …
Cambodian Nationality Law And The Repatriation Of Convicted Alients Under The Illegal Immigration Reform And Immigrant Responsibility Act, Jana M. Seng
Washington International Law Journal
Currently the U.S. Immigration and Naturalization Service ("INS") is indefinitely detaining thousands of aliens who have already completed their criminal sentences. The 1996 Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA") allows the INS to detain these convicted aliens while initiating a removal proceeding for deportation to their native country. Absent from the IIRIRA is a provision addressing whether the INS may indefinitely detain convicted aliens who cannot be deported because the United States has no repatriation agreement with the alien's native country. Justification for the indefinite detention rests on the assumption that the United States will secure a repatriation …
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
Washington International Law Journal
The Australian government has proposed two amendments to the Migration Act. The first excludes judicial review of administrative determinations in the immigration context. The second severely limits how and when detained refugees can access information regarding their rights as asylum seekers. Refugees arrive in Australia vulnerable and wholly ignorant of the legal system, and must make their claims for asylum in a politically hostile atmosphere. Current immigration laws protect the integrity of the system by making judicial review of immigration determinations possible in some cases and by giving refugees access to information on the refugee determination process. The proposed amendments …
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
Washington International Law Journal
The Australian government has proposed two amendments to the Migration Act. The first excludes judicial review of administrative determinations in the immigration context. The second severely limits how and when detained refugees can access information regarding their rights as asylum seekers. Refugees arrive in Australia vulnerable and wholly ignorant of the legal system, and must make their claims for asylum in a politically hostile atmosphere. Current immigration laws protect the integrity of the system by making judicial review of immigration determinations possible in some cases and by giving refugees access to information on the refugee determination process. The proposed amendments …
The Property Scope Of Habeas Corpus Review In Civil Removal Proceedings, Andrea Lovell
The Property Scope Of Habeas Corpus Review In Civil Removal Proceedings, Andrea Lovell
Washington Law Review
The Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), two 1996 amendments to the Immigration and Nationality Act, eliminated direct judicial review in the federal courts of appeals of final removal orders for aliens convicted of certain enumerated crimes. The legislation also appears to limit the habeas corpus jurisdiction of the federal district courts. While most circuit courts agree that some degree of habeas corpus review of removal orders is constitutionally mandated, several have interpreted AEDPA and IIRIRA as limiting the scope of that review. This Comment argues that the scope …
Quixotic Attempt? The Ninth Circuit, The Bia, And The Search For A Human Rights Framework To Asylum Law, Shelley M. Hall
Quixotic Attempt? The Ninth Circuit, The Bia, And The Search For A Human Rights Framework To Asylum Law, Shelley M. Hall
Washington Law Review
The Ninth Circuit and the Board of Immigration Appeals (BIA) historically have disagreed about the application of human rights norms in many areas of asylum law. Although recent decisions by the BIA indicate more receptiveness toward the Ninth Circuit's broader approach, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 seeks to stifle judicial review in many areas of immigration law, including asylum. This Comment analyzes the potential impact of the law on the development of asylum jurisprudence and recommends areas for future dialogue between the Ninth Circuit and the BIA.
States As International Law-Breakers: Discrimination Against Immigrants And Welfare Reform, Elizabeth Landry
States As International Law-Breakers: Discrimination Against Immigrants And Welfare Reform, Elizabeth Landry
Washington Law Review
As part of the current "devolution revolution," policy makers at the state and federal levels are designing proposals that would permit states to discriminate on the basis of immigration status in determining eligibility for public education, medical care, social services, and cash assistance. This Comment asserts that such proposals violate international human rights norms, by which both federal and state governments are bound. Mbreover, it maintains that legislators must consider international law when crafting proposals that would allow discrimination on the basis of alienage. If they fail to do so, courts are obliged to intervene and ensure that treaty provisions …