Immigration Law Commons^™

Arizona’S Senate Bill 1070: A Case Study On State-Sponsored Immigration Policy, Ryan Murphy

Master's Theses

This study assesses the origins of Arizona’s state-sponsored immigration policy. It attempts to identify the social dynamics within Arizona that contributed to the overwhelming public support for SB 1070. Since it has been two years after the law was passed, this analysis determines what impact the law has had thus far within the state. Finally, it postulates the future of Arizona’s immigration policy.

Urban Politics And The Assimilation Of Immigrant Voters, Rick Su

Journal Articles

Despite the growing strength of immigrant voters in the U.S., immigrants continue to participate at the polls in much lower rates than not only native voters, but also immigrants in the past. What accounts for this disparity? Looking beyond the characteristics of the immigrants themselves, this essay argues that a major reason lies in the different political structure that immigrants face upon their arrival, especially at the local level. Tracing the evolution of big city politics alongside, and in response to, the three major waves of foreign immigration to the U.S., this essay outlines three competing models of immigrant political …

Bypassing Civil Gideon: A Legislative Proposal To Address The Rising Costs And Unmet Legal Needs Of Unrepresented Immigrants, Erin B. Corcoran

West Virginia Law Review

No abstract provided.

"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom

William & Mary Bill of Rights Journal

No abstract provided.

Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students, Michael A. Olivas

William & Mary Bill of Rights Journal

No abstract provided.

Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky

William & Mary Bill of Rights Journal

No abstract provided.

Workplace Enforcement Workarounds, Stephen Lee

William & Mary Bill of Rights Journal

No abstract provided.

The Transformation Of Immigration Federalism, Jennifer M. Chacón

William & Mary Bill of Rights Journal

No abstract provided.

Guns And Membership In The American Polity, Pratheepan Gulasekaram

William & Mary Bill of Rights Journal

No abstract provided.

Immigration And Civil Rights: Is The "New" Birmingham The Same As The "Old" Birmingham, Kevin R. Johnson

William & Mary Bill of Rights Journal

No abstract provided.

Urban Politics And The Assimilation Of Immigrant Voters, Rick Su

William & Mary Bill of Rights Journal

No abstract provided.

The Client Who Lost Despite Winning And The Client Who Won Despite Losing: Reflections On Starting A New Immigration Clinic., Aaron S. Haas

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Offense, Defense, Or Just A Big Fence - Why Border Security Is A Valid National Security Issue: St. Mary;S University School Of Law Center For Terrorism Law., William A. Fix

The Scholar: St. Mary's Law Review on Race and Social Justice

A significant threat to United States national security stems from Mexican drug cartels. Mexican drug cartels are centered on the transit of illegal drugs into the United States. The flow of illegal drugs across the 1,933-mile U.S.-Mexico border now results in a host of crimes and violence that furthers the overall operation of the cartels. With the escalating violence from cartels, there is an increased possibility for spill over into the United States. Furthermore, because of the violence of drug cartels in Mexico, Mexican citizens have a greater incentive to move across the border. Mexicans are crossing illegally to escape …

Economic Effects Of Immigration: Avoiding Past Mistakes And Preparing For The Future., Natalya Shatniy

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Deportation Of Lawful Permanent Presidents For Old And Minor Crimes: Restoring Judicial Review, Ending Retroactivity, And Recognizing Deportation As Punishment., Adriane Meneses

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Supremacy Clause Preemption Rationale Reasonably Restrains An Individual State Pursuing Its Own Separate But Unequal Immigration Policy., L. Darnell Weeden

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Mexican Children Of U.S. Citizens: Viges Prin And Other Tales Of Challenges To Asserting Acquired U.S. Citizenship., Lee J. Teran

The Scholar: St. Mary's Law Review on Race and Social Justice

Mexican children with a U.S. parent face both historic and current challenges in acquiring U.S. citizenship. Following changes in U.S. immigration law, the number of individuals removed from the United States has swelled dramatically. This campaign against non-citizens has led to the removal of United States citizens, particularly individuals who were born abroad but claim citizenship through a U.S. citizen parent. Citizens are caught in the middle of conflicting goals between government efforts to adjudicate claims to acquired U.S. citizenship and the focus on crime and national security interests. Even though many U.S. parents and their children born abroad are …

Deporting The Pardoned, Jason A. Cade

Scholarly Works

Federal immigration laws make noncitizens deportable on the basis of state criminal convictions. Historically, Congress implemented this scheme in ways that respected the states’ sovereignty over their criminal laws. As more recent federal laws have been interpreted, however, a state’s decision to pardon, expunge, or otherwise set-aside a conviction under state law will often have no effect on the federal government’s determination to use that conviction as a basis for deportation. While scholars have shown significant interest in state and local laws regulating immigrants, few have considered the federalism implications of federal rules that ignore a state’s authority to determine …

Reverse-Commandeering, Margaret Hu

Faculty Publications

Although the anti-commandeering doctrine was developed by the Supreme Court to protect state sovereignty from federal overreach, nothing prohibits flipping the doctrine in the opposite direction to protect federal sovereignty from state overreach. Federalism preserves a balance of power between two sovereigns. Thus, the reversibility of the anticommandeering doctrine appears inherent in the reasoning offered by the Court for the doctrine’s creation and application. In this Article, I contend that reversing the anti-commandeering doctrine is appropriate in the context of contemporary immigration federalism laws. Specifically, I explore how an unconstitutional incursion into federal sovereignty can be seen in state immigration …

Introduction: Noncitizen Participation In The American Polity, Angela M. Banks

William & Mary Bill of Rights Journal

No abstract provided.

Accessing Justice Ii: A Model For Providing Counsel To New York Immigrants In Removal Proceedings, Stacy Caplow, Peter L. Markowitz, Claudia Slovinsky, Jojo Annobil, Peter Cobb, Amy L. Kenepaske, Nancy Morawetz, Lindsay Nash, Raluca Oncioiu, Oren Root, Maribel Hernández Rivera, Jane Stern, Isaac Wheeler, Marianne Yang

Online Publications

The New York Immigrant Representation Study (“NYIR Study”) is a two-year project of the Study Group on Immigrant Representation to analyze and ameliorate the immigrant representation crisis—the acute shortage of qualified attorneys willing and able to represent indigent immigrants facing deportation. The crisis has reached epic proportions in New York and shows no signs of abating.

In its year-one report (issued in the fall of 2011), the NYIR Study analyzed the empirical evidence regarding the nature and scope of the immigrant representation crisis. In that report, we documented how many New Yorkers—27 percent of those not detained and 60 percent …

Children Of A Lesser God: Should The Fourteenth Amendment Be Altered Or Repealed To Deny Automatic Citizenship Rights And Privileges To American Born Children Of Illegal Aliens?, Robert J. Shulman

Pepperdine Law Review

No abstract provided.

"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen

San Diego International Law Journal

This comment will focus on bi-national same-sex couples who are forced to expatriate from the united states to canada because of DOMA’s detrimental effects on their relationship. more specifically, part I focuses on DOMA’s constitutionality, effects on bi-national same-sex couples, and current legal challenges. Part II provides a historical analysis of the united states’ attitude towards same-sex unions before describing current legislation regarding same-sex couples. Part III describes canada’s recognition of same-sex marriage and support of immigration equality, comparing and contrasting the canadian approach with the united states’ approach. Part IV explains the current legal and financial issues that bi-national …

Fugitives In Immigration: A Call For Legislative Guidelines On Disentitlement, Kiran H. Griffith

Seattle University Law Review

In light of Supreme Court jurisprudence regarding the fugitive disentitlement doctrine, the circuit courts of appeal have readily expanded the doctrine’s use to civil matters, as well as immigration. But the Supreme Court’s nuanced treatment of the rationales underlying this doctrine, specifically in Ortega-Rodriguez v. United States and Degen v. United States, has led to inconsistent application across the circuits. Specifically, a split has arisen among the Second, Fifth, Seventh, and Ninth Circuits as to whether these rationales support invocation of the fugitive disentitlement doctrine to find fugitivity and dismiss an alien’s petition for review when an alien fails to …

The Revival Of Reliance And Prospectivity: Chevron Oil In The Immigration Context, Elliot Watson

Seattle University Law Review

Using Duran Gonzales as an example, this Comment discusses how courts determine when and if conflicting rules of law should be applied retroactively to aliens. Specifically, it argues that the holding in Nunez-Reyes and its use of the Chevron Oil test should be applied broadly to limit the retroactive application of law in certain immigration cases. Part II of this Comment gives a brief overview of Supreme Court retroactivity jurisprudence, the discretionary application of adjudicative retroactivity as described in Chevron Oil, and the Court’s recent shift toward a more conservative approach. Part III discusses how administrative law affects that framework …

Draconian Discrimination: One Man's Battle With U.S. Immigration Law For Fairness, Justice, And American Citizenship, Rachel Zoghlin

Celebrating WCL Student Authors

No abstract provided.

Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier

University of Miami Inter-American Law Review

No abstract provided.

Reforming The Good Moral Character Requirement For U.S. Citizenship, Kevin Lapp

Indiana Law Journal

This Article explores the impact of the convergence of criminal law and immigration law on the most valued government benefit in the land: citizenship. Specifically, it examines how criminal history influences the opportunity to naturalize through the good moral character requirement for U.S. citizenship.

Since 1790, naturalization applicants have been required to prove their good moral character. Enacted to ensure that applicants were fit for membership and would not be disruptive or destructive to the community, the character requirement also allowed for the reformation and eventual naturalization of those guilty of past misconduct. This Article shows that recent changes in …

A Necessary Effort: The Construction Of A Binational Immigration Policy For Nicaraguan Immigrants In Costa Rica, Irma Castañeda

Independent Study Project (ISP) Collection

Although the experiences of Nicaraguan immigrants to Costa Rica have been well-studied, the investigation of this topic through the lens of the construction of public policies is missing. Through the testimonies of Nicaraguans that emigrated or still live and work in Costa Rica, I learned that immigrants, especially those that are undocumented, are vulnerable to the violation of their rights, for example, through the lack of access to public services or mistreatment by their bosses. Because of these violations, it is necessary to examine the topic of the immigration policies of both countries because they influence the treatment and integration …

Targeting Demand: A New Approach To Curbing Human Trafficking In The United States, Morgan Brown

Law Student Publications

Part I of this paper will provide a general framework for understanding human trafficking in the United States by laying out basic statistics relevant to human trafficking, describing the basic economic model under which the business of human trafficking should be understood, and discussing the major legislative approaches the United States has taken to curtail the increase in human trafficking in the country in the past ten years. Part II will then analyze the shortcomings of this approach and the successes of unique efforts to combat trafficking in Sweden. Part III recommends an approach the United States should take moving …