Immigration Law Commons^™

Issue 4: Symposium Table Of Contents

University of Richmond Law Review

No abstract provided.

Rights And Obligations Of Americans In Mexico Under Immigration Law And Other Areas Of Mexican Law, Jorge A. Vargas

University of Richmond Law Review

No abstract provided.

Birthright Citizenship, The Fourteenth Amendment, And State Authority, James C. Ho

University of Richmond Law Review

No abstract provided.

Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral

University of Richmond Law Review

No abstract provided.

Myanmarese Refugees In Thailand: The Need For Effective Protection, Buhm Suk Baek, Gauri Subramanium

Cornell Law School J.S.D. Student Research Papers

This paper deals with the Thai government's policy on refugees with a special focus on refugees from Myanmar. It is designed to give suggestions to international human rights NGOs working in the Thai-Myanmar border areas for the protection of the human rights of Myanmarese refugees. Most international human rights NGOs in this region are lobbying for the Thai government to ratify the Refugee Convention or at the very least, take active steps towards the protection of refugees under customary international law.

This paper is, however, concerned by these NGOs’ reliance on the ratification of the Convention as a solution to …

Speech: Latinas And Their Families In Detention: The Growing Intersection Of Immigration Law And Criminal Law, Sandra Guerra Thompson

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

In this article, Professor Sandra Guerra Thompson explores the growing enforcement of immigration law within the interior of the United States and the growing intersection of the criminal justice system and immigration law. Through the use of worksite enforcement sweeps and immigration screening by state and local law enforcement, growing numbers of undocumented persons are being taken into custody by federal immigration officials. She examines the plight of women and families held in detention centers under what are often deplorable conditions. Ironically, immigration detention centers offer fewer resources than those available in most state prisons. The immigration law judicial system …

The Significance Of The Local In Immigration Regulation, Cristina M. Rodríguez

Michigan Law Review

The proliferation of state and local regulation designed to control immigrant movement generated considerable media attention and high-profile lawsuits in 2006 and 2007. Proponents and opponents of these measures share one basic assumption, with deep roots in constitutional doctrine and political rhetoric: immigration control is the exclusive responsibility of the federal government. Because of the persistence of this assumption, assessments of this important trend have failed to explain why state and local measures are arising in large numbers, and why the regulatory uniformity both sides claim to seek is neither achievable nor desirable. I argue that the time has come …

Accessing Government: How Difficult Is It? Citizen Advocacy Center 2008) (With T. Pastika)., Natalie Brouwer Potts

All Faculty Scholarship

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, …

Protecting The Voiceless: Ensuring Ice's Compliance With Standards That Protect Immigration Detainees, Kelsey E. Papst

McGeorge Law Review

No abstract provided.

The Alien Invasion, Ediberto Román

Faculty Publications

Bill Gates, founder of Microsoft, repeatedly complains about strict immigration policies' impact on the ability for businesses to hire skilled workers. In terms of other sectors of the economy, an American Farm Bureau Federation study notes that "if agriculture's access to migrant labor were cut off, as much as $5- 9 billion in annual production of... commodities.., would be lost in the short term. Over the longer term, this annual loss would increase to $6.5-12 billion as the shock worked its way through the sector." Preeminent economist John Kenneth Galbraith effectively responded to those who have advocated for closed borders …

Monetizing Diaspora: Liquid Sovereigns, Fertile Workers, And The Interest-Convergence Around Remittance, Jose M. Gabilondo

Faculty Publications

No abstract provided.

An Analysis Of Historical And Legal Sanctuary And A Cohesive Approach To The Current Movement, 42 J. Marshall L. Rev. 135 (2008), Pamela Begaj

UIC Law Review

No abstract provided.

Racial Migrations, Tucker Culbertson

St. Thomas Law Review

The following three articles by Dominique Legros, Robert Koulish, and Cesar Cuauhtémoc Garcia Hernández concern laws, politics, and philosophies involving transnational migration. Individually and in sum, these articles productively engage with the radical multidimensionality of both racial identity and racial governance. In this introduction, I will briefly describe the articles and offer very few comments thereon, most of which emphasize what I believe to be the articles most important cumulative contribution regarding the complexity and centrality of race within forces and discourses of citizenship, territory, sovereignty, and nationality. Hence, the title of this introduction, which is intended to suggest both …

Of Inferior Stock: The Two-Pronged Repression Of Radical Immigrant Birth Control Advocates At The Turn-Of-The Twentieth Century, Cesar Cuahtemoc Garcia Hernandez

St. Thomas Law Review

This article addresses law's coercive function to quash birth control advocacy at the turn-of-the-twentieth century. Part II addresses the development of anti-obscenity legislation, especially at the federal level, to slow quelling support for birth control availability and usage. In particular, the article addresses the trend during the late 1800s in which the states and federal government prohibited sending birth control information or products through the mail. This section also explores the significant harassment, and both actual and threatened prosecution of birth control advocates that resulted from criminal prohibitions. Part III surveys the rampant nativism that swept policymaking circles during this …

Revisiting The Rules Of Evidence And Procedure In Adversarial Immigration Proceedings, Won Kidane

Faculty Articles

This article addresses the concern over the state of deportation proceedings in the United States. Professor Kidane argues that a lack of formal rules of procedure and evidence is the main factor contributing to the unpredictability, and inconsistency inherent in our system of immigration law. The argument is placed in context by reviewing the growth of the administrative agencies up through the adoption of the Administrative Procedure Act (APA). Kidane notes that the APA embodies one approach as a compromise between those advocating strict formal rules of procedure and evidence and those supporting a more relaxed system for administrative proceedings. …

No Brown Towns: Anti-Immigrant Ordinances And Equality Of Educational Opportunity For Latina/Os, Tom I. Romero

Sturm College of Law: Faculty Scholarship

"The right to education in the environment of a multi-racial community seems equally fundamental." Spencer v. Kugler, 404 U.S. 1027, 1028 (1972)(mem.)(Douglas, J., dissenting) .

In 1972, the United States Supreme Court in Spencer v. Kugler affirmed New Jersey's statutory scheme compelling school district boundaries to coincide with those of the State's political subdivisions. In writing a dissent to the Court's affirmation of the lower court opinion that such segregation was "de-facto" and not subject to a constitutional violation, Justice William O. Douglas highlighted the pernicious influence of local government boundaries in creating unequal and inferior education for the nation's …

Material Support To Terrorists Or Terrorist Organizations: Asylum Seekers Walking The Relief Tightrope , Craig R. Novak

The Modern American

No abstract provided.

Legislative Updates, Shiwali Patel

The Modern American

No abstract provided.

Make The Dream A Reality: Why Passing The Dream Act Is The Logical First Step In Achieving Comprehensive Immigration Reform, 41 J. Marshall L. Rev. 1251 (2008), Aimee Deverall

UIC Law Review

No abstract provided.

How Ice Threatens The Ethical Responsibilities Of Key Players In Worksite Raids: Postville Study, Amalia Greenberg, Shanti Martin

Human Rights Brief

No abstract provided.

The Golden Cage: How Immigration Law Turns Foreign Women Into Involuntary Housewives, Magdalena Bragun

Seattle University Law Review

This Comment begins with a presentation of the general principles of immigration law, introducing the reader to concepts such as immigrant and nonimmigrant status, derivative status, and adjustment of status. Part III offers a more detailed presentation of the H status, emphasizing H-1B classification and describing specific regulations that are pertinent to the subsequent discussion of the spousal employment authorization problem. Part IV presents five arguments why spouses of foreign professionals should be allowed to work, considering issues such as spousal dependency, equal treatment, the competitiveness of the United States in the global search for talent, and tax benefits.

Victims Of A Growing Crisis: A Call For Reform Of The United States Immigration Law And Policy Pertaining To Refugees Of The Iraq War, Kevin Walsh

Villanova Law Review (1956 - )

No abstract provided.

Immigration Reform From The Outside In, Bill Piatt

Faculty Articles

Immigration reform is made up of two differing extreme positions, but by seeking common ground, a more fair and balanced approach may be adopted in the best interests of all.Rather than trying to analyze positions as conservative or liberal, it makes more sense to view the extremes as a “closed border” versus “open border” approach. The extreme positions will not work, so a more middle-ground position would require a thoughtful examination of a number of issues. Those issues are what are the costs and benefits of removing those already illegally here; what role should the federal, state, and local governments …

The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake

St. Mary's Law Journal

Recently, the Texas Legislature passed Senate Bill 378 effectively terminating a person’s “duty to retreat” when confronted with a criminal attack of either great bodily injury or death. Complicated issues of innocence and guilt arise when one employs deadly force as a means of self-defense. Furthermore, tragic mistakes occur when people preemptively resort to deadly force before the realization of such a threat. Societal questions still exist concerning the possibility that self-defense will turn into self-justice. Critics argue the law encourages a vigilante society, substituting law enforcement help with self-justice. Conversely, supporters believe the bill serves as a deterrent from …

Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte

St. Mary's Law Journal

In general, attorneys must not reveal confidential information relating to the representation of their clients. Attorneys must make reasonable efforts to ensure the attorneys they supervise, as well as their nonlawyer employees, maintain client confidences. In modern days, technology virtually guarantees attorneys and clients will communicate electronically. While most attorneys would not knowingly disclose client confidences, there is a growing problem of unintended disclosure through electronic means. On a practical level, maintaining confidence is of utmost importance to both attorneys and clients. Attorneys may believe they are using good faith and competent, reasonable actions to protect their clients’ information from …

A Meaningless Relationship: The Fifth Circuit's Use Of Dismissed And Uncharged Conduct Under The Federal Sentencing Guidelines Recent Development., Erin A. Higginbotham

St. Mary's Law Journal

The Fifth Circuit’s failure to require the uncharged conduct to have a meaningful relationship with the conduct of conviction is flawed. An amendment of section 5K2.21 specifically approved the consideration of uncharged or dismissed offenses to serve as a basis for an upward departure to reflect the actual seriousness of the offense. Confusion amongst federal circuit courts of appeal arose as to whether such conduct included uncharged or dismissed criminal offenses. Interpreting the amendment’s language has caused a circuit split. The Fifth Circuit erroneously interpreted section 5K2.21 as to require nothing more than a “remote connection” between the uncharged crime …

The Metes And Bounds Of Governmental Immunity And Political Subdivisions: Limiting Tort Liability For Municipal Utility Districts In Texas Recent Development., Dawn E. Norman

St. Mary's Law Journal

Abstract Forthcoming.

Stripping Judicial Review During Immigration Reform: The Certificate Of Reviewability, Jill E. Family

Nevada Law Journal

No abstract provided.

New Legal Rights In The Legal System Of The United States Of America, Roberto Rosas, Bill Piatt

Faculty Articles

Currently, there exist an extensive variety of individual rights recognized both nationally and internationally. With the course of time, however, they change; therefore, governments occasionally consider it necessary to create additional protections for their citizens. Generally, these propositions are made possible through the creation and approval of new rights. Even though these new rights are based on other previously established rights, they do offer society the opportunity to protect and defend itself as well as allowing it to continue making progress.

Only a few of the new legal rights that have been recognized within the last few years will be …