Immigration Law Commons^™

Mexico's Missed Opportunities To Protect Irregular Women Transmigrants: Applying A Gender Lens To Migration Law Reform, Alyson L. Dimmitt Gnam

Washington International Law Journal

Mexico is a transit country for hundreds of thousands of migrants traveling north. Due to economic liberalization, women increasingly migrate in search of employment opportunities, a phenomenon called the “feminization of migration.” As women migrate, they face high risks of sexual and gender-based violence, including sexual assault, rape, kidnapping, and trafficking. During transit, the impunity of organized criminal groups and corrupt state officials facilitate rampant abuse of women. Mexico’s former migration policy exacerbated women’s vulnerability to abuse by criminal organizations by pushing women into dangerous illicit migration channels. In response to the abuse of transmigrants, Mexico passed a sweeping migration …

The Plea Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade

Scholarly Works

This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and 3) the institutional norms in non-federal lower criminal courts, where little attention is paid to evidence or individual equities and where bail and other process costs generally outweigh perceived incentives to fight charges. The Article contends that these factors increase the likelihood that a noncitizen’s low-level conviction will not reliably indicate guilt …

Deportation Of Aliens For Criminal Convictions, David F. Aberson

Pepperdine Law Review

No abstract provided.

Secure Communities: Burdening Local Law Enforcement And Undermining The U Visa, Lindsey J. Gill

William & Mary Law Review

No abstract provided.

Book Reviews, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Human Face Of Permanent Climate-Induced Displacement, Alaina Umbach

Honors Projects in History and Social Sciences

Climate change is predicted to lead to mass displacement, since the land where millions of people currently live will be, at some point, covered with water. For some populations, this will mean to be permanently displaced to a different country because the territory that their sovereign nations occupy will disappear. The most well‐known cases involve the citizens of Vanuatu, Kiribati, Tuvalu, and the Maldives. As the negative impact of climate change becomes clearer and closer in time, policy solutions to this problem are discussed. In this paper, I look at previous cases of populations’ displacement to identify policy lessons that …

Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Attempting To Find Some Common Ground For Illegal Aliens, And The Board's Ability To Award Back Pay: Hoffman Plastic Compounds, Inc. V. Nlrb , Stephen M. Hernandez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Alienating Our Nation's Legal Permanent Residents: An Analysis Of Demore V. Kim And Its Impact On America's Immigration System , Shaneela Khan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto

Journal of the National Association of Administrative Law Judiciary

The troubled status of the immigration court system has garnered much attention from scholars, appellate judges, and even the United States Attorney General. This article suggests a new lens through which to examine the acknowledged crisis in immigration courts: judicial ethics. Because the term judicial ethics encompasses a broad array of principles, the article narrows its focus to bias and incompetence on the part of immigration judges in the courtroom. Immigration judges operate as a unique judiciary under the Executive Branch of government. An examination of the modern immigration court system, including inadequate disciplinary procedures for immigration judges, reveals that …

"Good Moral Character" As A Licensing Standard, Larry Craddock

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy, Gaston Institute, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Brazilian Immigrant Center (BIC) does organizing, advocacy and training to reduce marginalization of Brazilian immigrants, promoting their engagement as workers & civic participants. A worker’s center, BIC supports and defends workers’ rights under current state & US labor laws. BIC helps workers mediate complaints with employers, and refers others for class action suits, or intervention by the Mass. Attorney General or US Dept of Labor. A special focus at present is organizing mostly women domestic workers, and BIC has a new Law and Policy Clinic, a Domestic Worker Mediation Program, and an Immigration Justice Project staffed by two full-time …

Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants, Michelle Mitsuye Shimasaki

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Deportation And The War On Independence , Stephen H. Legomsky

Journal of the National Association of Administrative Law Judiciary

Judicial independence, despite its long history and cherished place in American jurisprudence, has periodically been attacked by those who disagree with particular outcomes. In recent years, Congress and the executive branch have mounted a sustained assault on decisional independence in the adjudication of deportation (now called “removal”) cases. Various actions taken by Attorney General Ashcroft in 2002 and 2003 and still in place today have left both immigration judges and the members of the Board of Immigration Appeals without any meaningful decisional independence. Meanwhile, in 1996 and again in 2005, Congress imposed severe limitations on judicial review of administrative orders …

Accepting The Unacceptable: How Jama V. Immigration And Customs Enforcement Affects Deportation Policies With Non-Accepting Governments , Jamie Norman

Journal of the National Association of Administrative Law Judiciary

The Supreme Court's ruling in Jama v. Immigration and Customs Enforcement affects the Government's authority to elect destination countries when deciding where to deport removable aliens. This note will explore the Jama decision. Part II details the procedural history of the case. Part III details and sets forth the facts of the case. Part IV analyzes the majority opinion by Justice Scalia, as 160 well as the dissenting opinion by Justice Souter. Part V considers Jama's judicial, administrative and social impact.5 Finally, Part VI concludes the discussion of Jama and the deportation policy.

Fernandez-Vargas V. Gonzales: An Examination Of Retroactivity And The Effect Of The Illegal Immigration Reform And Immigrant Responsibility Act, Brooke Hardin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Refugee Roulette In An Administrative Law Context: The Deja Vu Of Decisional Disparities In Agency Adjudication, Margaret H. Taylor

Journal of the National Association of Administrative Law Judiciary

In Refugee Roulette: Disparities in Asylum Adjudication (the Asylum Study), Professors Ramji-Nogales, Schoenholtz, and Schrag provide a comprehensive analysis of new data to document decisional disparities that undermine the fairness of asylum adjudication. The Asylum Study is an empirical project of remarkable scope. It examines patterns of asylum decisions at four different adjudication levels: at the asylum office interview, in immigration court, on administrative appeal to the Board of Immigration Appeals (BIA), and on petition for review to the federal courts of appeals. At each level, the Asylum Study generates empirical findings to support what we knew mostly by anecdote …

Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe, Aziz Z. Huq

Vanderbilt Law Review

In April 2010, the Arizona legislature enacted the Support Our Law Enforcement and Safe Neighborhoods Act. Commonly known as SB 1070, the law created a slate of new criminal offenses and arrest powers covering aliens within Arizona's borders. SB 1070 proved divisive. It inspired copycat legislation in several states, provoked sharp criticism from the legal academy, and-most relevant here- catalyzed a lawsuit by the U.S. Department of Justice seeking a preliminary injunction against the state law on the ground that it was preempted by federal law. Initially, the federal government's litigation prospects seemed dim. One term before SB 1070 reached …

The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam

Articles

No abstract provided.

The Institutional And Social Integration Of Child Asylum-Seekers In The Schools And Society Of The Canton Of Vaud, Switzerland, Sonja C. Brinker

Independent Study Project (ISP) Collection

As an increasing number of asylum-seekers cross the border into Switzerland in search of protection, Switzerland faces the challenge of accommodating and integrating asylum populations into society while protecting all basic human rights. This study looks at the reception of child asylum-seekers in the canton of Vaud, Switzerland in terms of their integration in the education system and society. A series of interviews and a literature review were used to identify what services are available to child asylumseekers both at school and within the canton that may facilitate integration. The findings of this study indicate that child asylum-seekers are receiving …

The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Immigration Obstacles And The Sixth Circuit Court's Harsh Interpretation Of Legal Permanent Resident Status, Justin Boitnott

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill E. Family

Journal of the National Association of Administrative Law Judiciary

Immigration adjudication is more diverse than it may seem. Scholars tend to focus on one aspect of administrative immigration adjudication, the decision-making process established to determine whether an individual may be removed (deported) from the United States. But there is a whole other function of administrative immigration adjudication that relatively is ignored in the legal literature. Immigration adjudicators are also tasked with determining whether to grant immigration benefits, such as whether to grant lawful permanent resident (green card) status. Both types of administrative immigration adjudication, removal and benefits, are in crisis. This article explores the challenges facing each and argues …

The Illinois Dream Act: A Constitutional Nightmare, William Wojnarowski

Brigham Young University Education and Law Journal

No abstract provided.

Special Immigrant Juvenile Status: A “Juvenile” Here Is Not A “Juvenile” There, Heryka Knoespel

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Crossing The Final Border: Securing Equal Gender Protection In Immigration Cases, Michelle L. Sudano

William & Mary Bill of Rights Journal

No abstract provided.

The States Of Immigration, Rick Su

Journal Articles

Immigration is a national issue and a federal responsibility — so why are states so actively involved? Their legal authority over immigration is questionable. Their institutional capacity to regulate it is limited. Even the legal actions that states take sometimes seem pointless from a regulatory perspective. Why do they enact legislation that essentially copies existing federal law? Why do they pursue regulations that are likely to be enjoined or struck down by courts? Why do they give so little priority to the immigration laws that do survive?

This Article sheds light on this seemingly irrational behavior. It argues that state …