Immigration Law Commons^™

Capitation Taxes; Congress, U.S.; Davis, James John; Einstein, Albert; Guggenheim, Meyer; Immigration Act Of 1882; Immigration Act Of 1917; Immigration Lawyers; New York City, Howard Bromberg

Book Chapters

Contributions by Howard J. Bromberg to Encyclopedia of American Immigration.

In-State Tuition And Illegal Immigrants: An Analysis Of Martinez V. Regents Of The University Of California, Kyle William Colvin

Brigham Young University Education and Law Journal

No abstract provided.

Profiles Of Asian American Subgroups In Massachusetts: Korean Americans In Massachusetts, Nathan James Bae Kupel

Institute for Asian American Studies Publications

This report looks at Korean Americans in Massachusetts with a focus on the Metro Boston area. Using the 2000 U.S. Census and the American Community Survey 2005–2007 Three-Year Estimates in combination with interviews and secondary research, this profile looks at Korean American demographics and community perspectives.

Rhetoric To Reality: Citizenship Delays And U.S. International Obligations In The Post-9/11 Landscape, Clifford Ashcroft-Smith

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Lopez-Rodriguez V. Mukasey: The Ninth Circuit’S Expansion Of The Exclusionary Rule In Immigration Hearings Contradicts The Supreme Court’S Lopezmendoza Decision, Eric W. Clarke

BYU Law Review

No abstract provided.

Chevron’S Ambiguity Hurdle: Delgado V. Holder And The Proper Interpretation Of The Particularly Serious Crime Exception To Deportation Relief, William M. Hains

BYU Law Review

No abstract provided.

The Unsigned United Nations Migrant Worker Rights Convention: An Overlooked Opportunity To Change The Brown Collar Migration Paradigm, Beth Lyon

Working Paper Series

The United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (Migrant Worker Convention or Convention) is one of the United Nations' nine core human rights treaties. The United States has neither signed nor ratified the treaty. Despite various reports and articles assessing potential ratification of the Convention by European and other countries, and an even more robust literature examining potential U.S. ratification of other UN core human rights treaties, there has been no examination of the potential for U.S. ratification of this Convention.

The Convention is the most comprehensive global attempt …

Crossing Over: Why Attorneys (And Judges) Should Not Be Able To Cross-Examine Witnesses Regarding Their Immigration Statuses For Impeachment Purposes, Colin Miller

Faculty Publications

No abstract provided.

Advising Noncitizen Defendants On The Immigration Consequences Of Criminal Convictions: The Ethical Answer For The Criminal Defense Lawyer, The Court, And The Sixth Amendment, Yolanda Vazquez

Faculty Articles and Other Publications

This Article discusses the tension between the Sixth Amendment analysis by courts on the issue of immigration consequences of criminal convictions and the moral and ethical duties that an attorney owes his noncitizen client. Under the majority of jurisdictions, federal circuit and state courts hold that there is no duty to advise on this issue because they are deemed to be “collateral”. However, a growing number of these jurisdictions have begun to find a Sixth Amendment violation for failure to advise. These jurisdictions have created a Sixth Amendment duty only when: 1) the attorney “knew or should have known” the …

Reclaiming The Immigration Constitution Of The Early Republic, James Pfander

Faculty Working Papers

In contrast to the view that national immigration policy began in 1875, this article explores evidence that immigration policy dates from the early republic period. Built around the naturalization clause, which regulates the ability of aliens to own land and shaped their willingness to immigrate to America, this early republic immigration policy included strong norms of prospectivity, uniformity, and transparency. Drawing on these norms, which readily apply in both the naturalization and immigration contexts, the paper argues against the plenary power doctrine, particularly as it purports to authorize Congress to change the rules of immigration midstream and apply them to …

Mexican Families & United States Immigration Reform, Bernard Trujillo

Law Faculty Publications

This essay argues that we should understand U.S. immigration policy as a series of bi-national relationships rather than as a single, user-indifferent interface. Applying this regulatory approach to Mexican labor migration (i) allows a more accurate definition of the migrating person in the context of the family he seeks to support; and (ii) highlights the United States' duty to provide for Mexican families.

Pulling Teeth: The State Of Mandatory Immigration Detention, Geoffrey Heeren

Law Faculty Publications

No abstract provided.

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 …

A Migrants' Bill Of Rights—Between Restatement And Manifesto, Gerald Neuman

International Migrants Bill of Rights Symposium

These comments first provide a general perspective on the nature of the proposed International Migrants Bill of Rights (IMBR) and then offer some specific observations on the current draft, in particular its provisions on the subject of equality or nondiscrimination, including but not limited to Article 2.

Avoiding Evasion: Implementing International Migration Policy, Justin Gest

International Migrants Bill of Rights Symposium

Despite the broadening range of international arbiters of global migration, the state—with its sovereign control of its territory and its subjection to the politics of its society—remains the only arbiter that oversees the actual interactions during which a proposed bill of rights would be followed. “As long as the nation-state is the primary unit for dispensing rights and privileges, it remains the main interlocutor, reference and target of interest groups and political actors, including migrant groups and their supporters.” This suggests that the normative persuasion and mobilization of even the most powerful non-state actors can only be in the ultimate …

The Most-Favoured Nation Principle, Equal Protection, And Migration Policy, Tomer Broude

International Migrants Bill of Rights Symposium

This article discusses the theoretical interaction between the economically grounded most-favoured nation (MFN) treatment principle and the human-rights based concept of equal protection of migrants. In the multilateral law of international trade, MFN is an article of faith that lays a valid claim to having significantly contributed to the success of the trade-liberalizing and welfare-enhancing role of the General Agreement on Tariffs and Trade /World Trade Organization (GATT/WTO). Above and beyond its trade-related economic roles, when it applies to individuals of different nationalities, the logic of MFN also appears to generally conform to fundamental principles of equal protection of the …

Soft Law And The Protection Of Vulnerable Migrants, Alexander Betts

International Migrants Bill of Rights Symposium

Since the 1980s, an increasing number of people have crossed international borders outside of regularized migration channels, whether by land, air or sea. Policy debates on these kinds of movements have generally focused on security to the neglect of a focus on rights. In a range of situations, though, irregular migrants, who fall outside of the protection offered by international refugee law and the United Nations High Commissioner for Refugees (UNHCR), may have protection needs and, in some cases, an entitlement to protection under international human rights law. Such protection needs may result from conditions in the country of origin …

Protecting And Promoting The Human Right To Respect For Family Life: Treaty-Based Reform And Domestic Advocacy, Ryan Mrazik, Andrew I. Schoenholtz

International Migrants Bill of Rights Symposium

This article examines the right to respect for family life in international law, focusing on its underlying principles and explicit protections. The article identifies these legal norms so that drafters of international treaties, specifically the International Migrants Bill of Rights, and United States legal practitioners representing immigrant children can incorporate the right to respect for family life into their drafting and advocacy, thereby protecting and promoting this critical human right.

To encourage both high-level, international treaty-based reform and the grassroots domestic advocacy necessary to comprehensively protect and promote this right, this article provides specific ideas for incorporating the right to …

From Status To Agency: Defining Migrants, Avinoam Cohen

International Migrants Bill of Rights Symposium

Migrants share an intricate relationship with the law. Identifying a person as a migrant implies, in ordinary language, that she has crossed legally defined territorial boundaries. In legal terminology, invoking the term migrant usually alludes to a particular legal status that entails a specific set of rights, distinguished from those of the citizen. Acknowledging the role of law in identifying and classifying people that move across national frontiers, migrants appear as legal constructs, structured by and within the law. Regulatory mechanisms designed to direct and control migration are deeply intertwined with the phenomenon they strive to govern. In itself, this …

Extreme Vulnerability Of Migrants: The Cases Of The United States And Mexico, Jorge A. Bustamante

International Migrants Bill of Rights Symposium

This paper deals with the notion of vulnerability of migrants, with respect to the realities of two countries, the United States and Mexico. The vulnerability of migrants is understood as a heterogeneously imposed condition of powerlessness. This is based on the premise that migrants are inherently vulnerable as subjects of human rights from the point of their departure as they leave home to initiate their migration. That is, any human being is less vulnerable at home than after she leaves home to become a migrant. The same applies to a sociological extension of the notion of home--a community of origin. …

Reaffirming Rights: Human Rights Protections Of Migrants, Asylum Seekers, And Refugees In Immigration Detention, Eleanor Acer, Jake Goodman

International Migrants Bill of Rights Symposium

The International Migrants Bill of Rights (IMBR) addresses migrants’ rights in a variety of contexts, and this paper looks closely at some of the most crucial rights that apply to migrants, refugees, and asylum seekers who are held in immigration detention.

Migrants, refugees and asylum seekers are entitled to a broad range of rights protections. These protections are spelled out in the provisions of core human rights treaties and regional human rights conventions that apply to all people, as well as in the specific conventions relating to refugees and migrants. While States have the authority to regulate migration, their immigration …

Human Rights Of Migrants: The Dawn Of A New Era?, Ryszard Cholewinski

International Migrants Bill of Rights Symposium

The purpose of this article is to highlight a number of key legal and policy developments which have occurred since the turn of the twenty-first century and to reflect on how these have and may advance the protection of the human rights of migrants. This article is optimistic and forward-looking in tenor, although the generally positive developments discussed do not necessarily mean that abuses of migrants and violations of their rights are no longer taking place. Nonetheless, if ten years of relatively intense activity can be viewed as a sound measure of progress, there is some cause for optimism that …

International Migrants Bill Of Rights, Georgetown University Law Center, International Migrants Bill Of Rights Initiative

Georgetown Law Student Series

The International Migrants Bill of Rights (hereinafter IMBR) is the result of a two-year collaboration between students at the American University in Cairo, Georgetown University Law Center, and Hebrew University in Jerusalem. The IMBR is a dynamic blueprint for the protection of the rights of migrants, drawing from all areas of international law, including treaty law, customary international law, areas of State practice and best practices. The IMBR posits a group of rights that are “universal, interdependent and interrelated,” and that populate the continuum from hard to hortatory. Yet even as the result projects a framework for migrants’ rights that …

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.

Tensions At The Borders In The U.S. And The E.U.: The Quest For State Distinctiveness And Immigrant Inclusion, Francesca Strumia

American University International Law Review

No abstract provided.

As Old As The Hills: Detention And Immigration, Lenni B. Benson

Intercultural Human Rights Law Review

If you are reading this essay and the related symposium articles, you will learn a great deal about the role detention plays in U.S. immigration law. You will become a witness to our government's use of a tool that directly and undeniably impinges on our most fundamental freedom: personal liberty. It is my hope that by writing this essay, I may contribute to a reexamination by all of us of the reasons we use immigration detention; and that we will ask fundamental questions about whether immigration detention is a legitimate tool. As we learn more, we all become witnesses to …

Ignoring The Court's Order: The Automatic Stay In Immigration Detention Cases, Raha Jorjani

Intercultural Human Rights Law Review

This article examines a regulation from which DHS derives a legal advantage in removal proceedings that significantly impacts the outcome of any deportation case. While several articles have provided a limited discussion on automatic stays in the greater context of mandatory and prolonged detention, the complexity and substantial impact of the automatic stay regulation merits a discussion devoted to it in its entirety. Part I of the article provides a general background to removal proceedings and bond hearings. Part II tells the story of Manuel who, as a result of invocation of the automatic stay, continued to be detained even …

An Essay On Legal Representation Of Non-Citizens In Detention, Michael J. Churgin

Intercultural Human Rights Law Review

The broad expansion of the detention of non-citizens by the federal government has been chronicled by Lenni Benson in her fine contribution to this symposium. The question I will address is one of legal representation for these detained individuals, while they are subject to immigration proceedings. The Supreme Court has noted that this adjudicatory process is civil and not criminal. While these persons may retain counsel, there is no provision for the routine appointment of counsel for those who are unable to afford lawyers. In addition, congressional action and subsequent practice has eliminated the availability of the largest provider of …

Remarks On U.S. Immigration Detention: Policy And Procedure From A Human Rights Perspective, Gracian A. Celaya

Intercultural Human Rights Law Review

Remarks by Gracian A. Celaya, Deputy Chief Counsel, Department of Homeland Security.