Immigration Law Commons^™

I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman

Nevada Law Journal

No abstract provided.

Tensions In Rhetoric And Reality At The Intersection Of Work And Immigration, Jennifer Gordon

Faculty Scholarship

No abstract provided.

Re-Thinking Illegal Entry And Re-Entry, Doug Keller

Loyola University Chicago Law Journal

This Article traces the history of two federal immigration crimes that have long supplemented the civil immigration system and now make up nearly half of all federal prosecutions: illegal entry and illegal re-entry. Little has been previously written about the historical lineage of either crime, despite the supporting role each has played in enforcing the nation’s civil immigration laws, particularly along the U.S.-Mexico border. This Article takes a critical look at the enforcement of each crime—-from when they were initially conceived of as a way to deter illegal immigration, then as a way to target dangerous aliens, and most recently …

Reforming Immigration Law To Allow More Foreign Student Entrepreneurs To Launch Job Creating Ventures In The United States, Anthony J. Luppino, John Norton, Malika Simmons

Faculty Works

This paper outlines some of the barriers that foreign student entrepreneurs face, and describes how a somewhat expanded version of bipartisan legislation along the lines of the Startup Act 2.0 (S. 3217 or the Startup Act), cosponsored by Senators Jerry Moran (R-KS), Mark Warner (D-VA), Marco Rubio (R-FL), Chris Coons (D-DE), Roy Blunt (R-MO), and Scott Brown (R-MA), would help to address some of these roadblocks. The Startup Act, which has also been introduced in the House of Representatives on a bipartisan basis, as discussed below, would create a new conditional permanent resident status opportunity for foreign students who hold …

Dearly Departed: An Analysis Of The Departure Bar Under Mendiola V. Holder And William V. Gonzales, Daniel E. Bonilla

Student Works

No abstract provided.

Why A Wall, Pratheepan Gulasekaram

Publications

No abstract provided.

Immigration Control In An Era Of Globalization: Deflecting Foreigners, Weakening Citizens, Strengthening The State, Valsamis Mitsilegas

Indiana Journal of Global Legal Studies

In stark contrast to the field of legislation on the rights of third country nationals or to the requirements and conditions for access to the territory of states, the field of the enforcement of immigration control has been increasingly subject to legal harmonization: either by the adoption of global law on immigration control or by the convergence of domestic law and policy in the field. This convergence is particularly marked when one compares legal responses to immigration control in the United States and the European Union, where globalization has been used to justify the extension of state power-by proclaiming state …

Editor's Note, Alfred C. Aman, Micah J. Nichols

Indiana Journal of Global Legal Studies

Globalization and Migration Symposium, Indiana University Maurer School of Law, Bloomington, Indiana, April 7-8, 2011

Global Anti-Anarchism: The Origins Of Ideological Deportation And The Suppression Of Expression, Julia Rose Kraut

Indiana Journal of Global Legal Studies

On September 6, 1901, a self-proclaimed anarchist named Leon Czolgosz fatally shot President William McKinley at the Pan-American Exposition in Buffalo, New York. This paper places the suppression of anarchists and the exclusion and deportation of foreigners in the aftermath of the "shot that shocked the world" within the context of international anti-anarchist efforts, and reveals that President McKinley's assassination successfully pulled the United States into an existing global conversation over how to combat anarchist violence. This paper argues that these anti-anarchist restrictions and the suppression of expression led to the emergence of a "free speech consciousness" among anarchists, and …

Adjudicating The Intersection Of Marital Immigration, Domestic Violence, And Spousal Murder: China-Taiwan Marriages And Competing Legal Domains, Sara L. Friedman

Indiana Journal of Global Legal Studies

Cross-border marriages and other forms of family reunification dominate officially recognized migratory flows around the world today, and they offer the most widely recognized path to naturalized citizenship in destination countries. At the same time, however, transnational marriages may also rest on shaky foundations precisely because immigrant spouses depend on their citizen partner for legal status. When marriages fail due to domestic violence, they expose the incompatibility of different legal domains organized around domestic violence prevention and immigration regulation. This Article examines the legal conflicts that emerged in response to a recent case in Taiwan involving an immigrant wife from …

International Human Rights In Canadian Immigration Law - The Case Of The Immigration And Refugee Board Of Canada, Catherine Dauvergne

Indiana Journal of Global Legal Studies

This article analyzes the use of international human rights in the decision making of Canada's Immigration and Refugee Board. At the center of the analysis is a data set including all the publically available decisions of the Board since the introduction of the 2002 Immigration and Refugee Protection Act. This data set has been coded for varying degrees of engagement with international human rights law, and the results are presented and scrutinized. At the broadest level, the results are disappointing for migrant advocates as international law is relied on in an infinitesimally small number of decisions.

Globalization and Migration Symposium, …

Human Rights And The Elusive Universal Subject: Immigration Detention Under International Human Rights And Eu Law, Cathryn Costello

Indiana Journal of Global Legal Studies

The right to liberty is ubiquitous in human rights instruments, in essence protecting all individuals from arbitrary arrest and detention. Yet, in practice, immigration detention is increasingly routine, even automatic, across Europe. Asylum seekers in particular have been targeted for detention. While international human rights law limits detention, its protections against immigration detention are weaker than in other contexts, as the state's immigration control prerogatives are given sway. In spite of the overlapping authority of international and regional human rights bodies, the caselaw in this field is diverse. Focusing on the U.N. Human Rights Committee, the European Court of Human …

Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson

Indiana Journal of Global Legal Studies

This article explores the role of transnational adoption in the production of a multicultural but Swedish national body during the second half of the twentieth and the first decade of the twenty-first century, when Sweden became a multiethnic, multicultural, and racially divided country. I examine the development of international adoption policies in the 1970s, 1980s, and 1990s, emphasizing the erasure of the child's connection to a preadoptive past, even as the child's cultural difference was celebrated in adopting nations. In Sweden, which in the late 1970s and early 1980s had the world's highest adoption ratio (number of transnational adoptions per …

Runaway Usance: Limiting The Exercise Of The Fugitive Disentitlement Doctrine In The Context Of Wenqin Sun V. Mukasey And Bright V. Holder, Lawrence S. Winsor

Georgia Law Review

The fugitive disentitlement doctrine prevents an evasive
party from obtaining standing in the court whose
authority is evaded. With its 2011 decision in Bright v.
Holder, the Fifth Circuit Court of Appeals created a circuit
split regarding whether the fugitive disentitlement
doctrine applies to an alien appealing an adverse
immigration decision that maintained the same address
throughout removal proceedings, this address was known
to the Department of Homeland Security (DHS), and DHS
made no attempt to locate or arrest the alien for failure to
report for removal. Unlike the Ninth Circuit Court of
Appeals' decision in Wenqin Sun v. Mukasey, …

Indirect Refoulement: Challenging Canada's Participation In The Canada-United States Safe Third Country Agreement, Rachel Gonzalez Settlage

Law Faculty Research Publications

No abstract provided.

Sharing Secrets: Examining Deferred Action And Transparancy In Immigration Law, Shoba S. Wadhia

Faculty Scholarship

This Article is about deferred action and transparency in related immigration cases falling under the jurisdiction of the Department of Homeland Security (DHS). While scholars from other genres have written extensively on the topic of prosecutorial discretion, the subject is largely absent from immigration scholarship, with the exception of early research conducted by Leon Wildes in the late 1970s and early 2000s, and a law review article I published in 2010 outlining the origins of prosecutorial discretion in immigration law and related lessons that can be drawn from administrative law and criminal law. That article ends with specific recommendations for …

Reflections On Professor Romero’S Insight On The Decriminalization Of Border Crossings, Won Kidane

Fordham Urban Law Journal

Professor Romero proposes that unauthorized border crossings must be decriminalized. He advances several notable reasons why such a measure is warranted. Kidane offers his own reflections in the following three parts. Part I puts the doctrinal dilemma between criminalization and decriminalization in perspective. Part II evaluates Professor Romero’s argument in favor of decriminalization. And the Conclusion offers final thoughts.

Crime And Enforcement In Immigrant Neighborhoods: Evidence From New York City, Garth Davies, Jeffrey Fagan

Faculty Scholarship

Immigration and crime have received much popular and political attention in the past decade, and have been a focus of episodic social attention for much of the history of the U.S. Recent policy and legal discourse suggests that the stigmatic link between immigrants and crime has endured, even in the face of evidence to the contrary. This study addresses the relationship between immigration and crime in urban settings, focusing on areal units where immigrants tend to cluster spatially as well as socially. We ask whether immigration creates risks or benefits for neighborhoods in terms of lower crime rates. The question …

Appropriate Testing And Resolution: How To Determine Whether Appropriation Art Is Transformative Fair Use Or Merely In Unauthorized Derivative., Eric D. Gorman

St. Mary's Law Journal

This Article addresses the copyright concerns in appropriation art today and concludes that copyright law should be amended to address the complex issues found in this area of the law. Part II provides a background on appropriation art and the different facets of copyright law, including the doctrine of fair use. Part III analyzes whether appropriation art can even be considered “fair use” under the current exceptions of copyright infringement. Part IV discusses various legal tests to determine whether appropriation art that utilizes copyrighted material can exercise the doctrine of fair use against alleged copyright infringement. It also proposes a …

Homely, Cultured Brahmin Woman Seeks Particular Social Group: Must Be Immutable, Particulara, Nd Socially Visible, Sarah Kathryn French

University of Colorado Law Review

This Note examines whether Brahmin women constitute a particular social group under United States asylum law. The domestic violence victims in immigration court-who are predominately Latin American-have thus far failed to establish, in a precedential decision, that they are part of a particular social group or that their perpetrators' violence was on account of their membership in a particular social group. Orthodox Brahmin women in India, however, may be able to meet the elements of asylum where other victims have failed. This Note examines whether Brahmin women can meet the elements of a particular social group, whether the Indian government …

One People, One Nation, One Power? Re-Evaluating The Role Of The Federal Plenary Power In Immigration, Alexandra R. Saslaw

CMC Senior Theses

This thesis begins with a historical analysis of the legal precedent which has granted the federal government exceptional power over immigration legislation, and demonstrates how that authority has expanded in the last half-century. It then proposes an alternative scheme which would embrace immigration federalism and allow states a larger, but still closely regulated, role in legislation over aliens.

Ten Years After Hoffman Plastic Compounds, Inc. V. Nlrb: The Power Of A Labor Law Symbol, Ruben J. Garcia

Scholarly Works

No abstract provided.

Regrouping America: Immigration Policies And The Reduction Of Prejudice, Fatma Marouf

Scholarly Works

No abstract provided.

Latino Voters 2012 And Beyond: Will The Fastest Growing And Evolving Electoral Group Shape U.S. Politics?, Sylvia R. Lazos

Scholarly Works

The author reviews two recent books, Marisa A. Abrajano’s Campaigning to the New American Electorate: Advertising to Latino Voters (2010) and Marisa A. Abrajano’s and R. Michael Alvarez’s New Faces New Voices: The Hispanic Electorate in America (2010). These books are part of a growing literature that scientifically studies the evolving Latino electorate, and attempts to answer difficult questions about this ethnic group’s electorate cohesiveness and how candidates might be able to influence the Latino electorate. A careful read of Abrajano’s recent books brings additional understanding to Latino voter behavior, and by implication, how this key group will influence the …

The “Ethical” Surplus Of The War On Illegal Immigration, Francis J. Mootz Iii, Leticia M. Saucedo

Scholarly Works

The Aristotelian philosopher, Gene Garver, suggests that rhetorical claims have an "ethical surplus" that extends beyond the specific claim being advanced at the moment. This follows from the fact that rhetoric includes not only logos, but also pathos and ethos. We adopt the thesis of "ethical surplus," but in a negative context. The "war on illegal immigration" has generated an ethical surplus that leads its promoters beyond the specific claim of securing borders against unlawful entry. After demonstrating that there is an express rhetoric of "war" used in connection with Arizona's adoption of recent anti-immigrant legislation, we explore …

Inheritance Rights Of Posthumously Conceived Children In Texas Comment., Allison Stewart Ellis

St. Mary's Law Journal

The Texas Legislature should update its legislation pertaining to posthumously conceived children. More than 20,000 children are born from artificial insemination each year, some of whom are conceived following their father’s death. Whether or not these children are entitled to a share in their father’s estate is a question for each state legislature. Many states have adopted a version of the Uniform Parentage Act (UPA). The UPA states that once paternity of a posthumously conceived child is established, the child is entitled to inherit from the deceased’s estate. Texas has adopted the UPA in part and has added stringent requirements …

Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay., Richard Flint

St. Mary's Law Journal

An essay is presented on consumer bankruptcy policy in the U.S. It informs about the significant changes in the consumer bankruptcy introduced by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 including incorporation of an ability-to-pay test as a requirement for getting the benefits of the act. It reviews the Catholic social teaching related to the interrelationship between the dignity of man and his rights and duties to promote justice and the common good.

In-House But Out In The Cold: A Comparison Of The Attorney-Client Privilege In The United States And European Union Comment., Andrew R. Nash

St. Mary's Law Journal

Abstract Forthcoming.

Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge., Justin C. Roberts, Randell Roberts

St. Mary's Law Journal

The Texas Responsible Third Party (RTP) statute was amended in 2003 to give defendants the opportunity to have the jury apportion responsibility for the plaintiff’s damages to persons who were not joined in the lawsuit. A defendant could achieve this result by designating a “responsible third party.” Plaintiffs may often join responsible third parties as additional defendants. Under such situations, all culpable parties are before the court, defending themselves, and accountable to the plaintiff for their percentage of responsibility. When the statute worked in this fashion it achieved “a carefully constructed scheme balancing the interests of both defendants and claimants.” …

Marsh Usa Inc. V. Cook: One Final Step Away From Light., Michael D. Paul

St. Mary's Law Journal

Abstract Forthcoming.