Immigration Law Commons^™

The San Francisco Immigrant Integration Project: Findings From Community-Based Research Conducted By The San Francisco Immigrant Legal & Education Network (Sfilen), San Francisco Immigrant Legal & Education Network (Sfilen)

McCarthy Center Faculty and Staff Scholarship

SFILEN conducted a two-year community research effort, the San Francisco Immigrant Integration Project (“Integration Project”). The goal of the Integration Project was to engage a broad range of stakeholders on immigrant integration issues, to document the unique needs of the immigrant community, and to propose relevant policies and practices for meaningful integration.

Border Fixation: The Appearance Of Security And Control In Immigration Reform, Katherine L. Vaughns

Faculty Scholarship

Immigration reform is the subject of intense discussion among politicians, policy experts, analysts, and advocacy groups alike; America’s never-ending debate which today has been infected with shameless demagoguery, rendering sound policy choices virtually impossible. And in this political cauldron, the appearance of border security and control through symbolism and political rhetoric substitute for the practical realities that are essential to inform policymakers about the appropriate administration and enforcement of U.S. immigration laws. For Congress has had an ongoing, unsound focus on sealing the border it shares with Mexico, its southwestern neighbor, seemingly without regard to costs especially in the post-9/11 …

Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law, Erin B. Corcoran

Law Faculty Scholarship

Bipartisan politics has prevented meaningful reform to a system in dire need of solutions: Immigration. Meanwhile there are eleven million noncitizens with no valid immigration status who currently reside in the United States and the Department of Homeland Security (DHS) does not have the necessary resources to effect their removal. DHS does have the authority through prosecutorial discretion to prioritize these cases and provide relief to individuals with compelling circumstances that warrant humanitarian consideration; nonetheless, DHS’s exercise of prosecutorial discretion is underutilized, inconsistently applied and lacks transparency. This Article suggests a remedy – that the immigration prosecutor’s role should redefined …

Driving While Undocumented: Chapter 524 Allows Undocumented Immigrants To Apply For Driver’S Licenses In California, Vallerye Mosquera

McGeorge Law Review

No abstract provided.

Chapter 754: The Next Stepping Stone In The Path Toward A California Dream, Courtney S. Hoyland

McGeorge Law Review

No abstract provided.

Bride And Prejudice: How U.S. Immigration Law Discriminates Against Spousal Visa Holders, Sabrina Balgamwalla

Law Faculty Research Publications

No abstract provided.

Naturalizing Immigration Imprisonment, César Cuauhtémoc García Hernández

Sturm College of Law: Faculty Scholarship

Only recently has imprisonment become a central feature of both t across every level of government and involving civil and criminal law enforcement tools.

Examining the population as a whole provides crucial insights as to how we arrived at this state of mass immigration imprisonment. While political motivations — parallel to those that fueled the rapid expansion of criminal mass incarceration — may have started the trend, this Article demonstrates that key legal and policy choices explain how imprisonment has become an entrenched feature of immigration law enforcement. In fact, legislators and immigration officials have locked themselves into this choice, …

Shattering The One-Way Mirror: Discovery In Immigration Court, Geoffrey Heeren

Articles

No abstract provided.

Observations On History, Law, And The Rise Of The New Jim Crow In State-Level Immigration Law And Policy For Latinos, Tom I. Romero

Sturm College of Law: Faculty Scholarship

This essay works to connect the history of local enforcement of immigration law and policy against Mexican migrants and Mexican American citizens and its relationship to the creation and perpetuation of what Michelle Alexander has described as a redesigned caste system in the United States. As state and local government authorities then and now sought to define and respond to a “Mexican menace” as the failed enforcement of federal immigration law, such law and policy challenged not only Congress’s seemingly settled plenary power to determine who had license and permission to be in the United States but also who had …

The Usual Suspects: Judicial Review Of State Laws That Target Undocumented Immigrants, 47 J. Marshall L. Rev. 1127 (2014), Jonathan Svitak

UIC Law Review

This Comment will attempt to balance the interests of Arizona and Alabama in combating the growing problem of undocumented immigration against the interest of the documented and undocumented aliens and U.S. citizens protected by the Equal Protection Clause.

The Contemporary Assault On Ethnic Studies, 47 J. Marshall L. Rev. 1189 (2014), Ronald Mize

UIC Law Review

No abstract provided.

Finding Hope For "Aged Out" Derivative Beneficiaries: Re-Examining The Child Status Protection Act In The Wake Of Scialabba V. Cuellar De Osorio, 47 J. Marshall L. Rev. 1319 (2014), Jihan Hassan, Hannah Kubica, Christina Corbaci

UIC Law Review

No abstract provided.

Rethinking Resistance: Reflections On The Cultural Lives Of Property, Collective Identity, And Intellectual Property, 47 J. Marshall L. Rev. 1349 (2014), Caroline Joan Picart

UIC Law Review

No abstract provided.

Ice's New Policy On Segregation And The Continuing Use Of Solitary Confinement Within The Context Of International Human Rights, Sarah Dávila A.

UIC Law Review

The purpose of this essay is to discuss ICE Policy 11065.1 on segregation, its deficiencies and its unlikely full implementation, and emphasize that the current use of solitary confinement in immigration detention is in contravention of international human rights principles.

In Pursuit Of Calmer Waters: Managing The Impact Of Trauma Exposure On Immigration Adjudicators, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.

Rising Arizona: The Legacy Of The Jim Crow Southwest On Immigration Law And Policy After 100 Years Of Statehood, Kristina M. Campbell

Journal Articles

United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its “papers please” law, SB 1070, the American Southwest has long been a bastion of discriminatory race-based law and policy – immigration and otherwise – directed toward Latinos, American Indians, African-Americans, and other non-White racial and ethnic minorities. While largely ignored by both legal and American historians, the socalled “Jim Crow …

Distilling Americans: The Legacy Of Prohibition On U.S. Immigration Law, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the exclusion of "persons with chronic alcoholism" seeking to enter the United States. Several decades later, the Immigration and Nationality Act of 1952 specified that any noncitizen who "is or was ... a habitual drunkard" was per se lacking in good moral character, and hence ineligible for naturalization. Although the "chronic …

Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

In recent years, labor unions in the United States have embraced the immigrants’ rights movement, cognizant that the very future of organized labor depends on its ability to attract immigrant workers and integrate them into union ranks. At the same time, the immigrants’ rights movement has been lauded for its successful organizing models, often drawing upon the vitality and ingenuity of immigrant-based worker centers, which themselves have emerged as alternatives to traditional labor unions. And while the labor and immigrants’ rights movements have engaged in some fruitful collaborations, their mutual support has failed to radically reshape the trajectory of either …

Problems Faced By Mexican Asylum Seekers In The United States, Anna Cabot

Scholarly Articles in Law Reviews & Journals

Violence in Mexico rose sharply in response to President Felipe Calder6n's military campaign against drug cartels which began in late 2006. As a consequence, the number of Mexicans who have sought asylum in the United States has grown significantly. In 2013, Mexicans made up the second largest group of defensive asylum seekers (those in removal proceedings) in the United States, behind only China (EOIR 2014b). Yet between 2008 and 2013, the grant rate for Mexican asylum seekers in immigration court fell from 23 percent to nine percent (EOIR 2013, 2014b). This paper examines-from the perspective of an attorney who represented …

Remedial And Preventive Responses To The Unauthorized Practice Of Immigration Law, Monique C. Lillard

Articles

No abstract provided.

Trafficking In Child Labor In Ghana And Senegal, Steven Brandt

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

The goal of this paper is to determine the efficacy of anti-trafficking governance in Senegal and Ghana and what social, political, legal and economic factors work for or against those policies such as: - social policies for and against the growth of the NGO community - enforcement of anti-trafficking laws - economic policies for impoverished urban and rural communities - government rehabilitation policies for minors - federal, state and local corruption - border security/immigration - religious and political freedom This research comprises a comprehensive literature analysis as to the current state of trafficking of minors in Ghana and Senegal. First …

Recycled Modernity: Google, Immigration History, And The Limits For H-1b, Neil Patten

Electronic Theses and Dissertations

Regulation of admission to the United States for technology workers from foreign countries has been a difficult issue, especially during periods of intense development. Following the dot.com bubble, the Google Corporation continued to argue in favor of higher limits under the Immigration and Nationality Act exception referred to as "H-1B" for the section of the law where it appears. H-1B authorized temporary admission for highly skilled labor in specialty occupations. Congressional testimony by Laszlo Bock, Google Vice President for People Operations, provided the most succinct statement of Google's concerns based on maintaining a competitive and diverse workforce. Diversity has been …

Serious Harm, James C. Hathaway

Book Chapters

Although the requirement to show a well-founded fear of “being persecuted” is at the heart of the refugee definition, the Refugee Convention does not define or elucidate the meaning to be given to this concept. Indeed, it is generally acknowledged that the drafters of the Convention intentionally declined to define “being persecuted” because they recognized the impossibility of enumerating in advance all of the forms of maltreatment that might legitimately entitle persons to benefit from international protection. The need for a flexible approach to “being persecuted” is especially important today given the duty under the 1967 Protocol to apply the …

Theories Of Immigration Law, Kit Johnson

Faculty Articles

Legal scholarship lacks a comprehensive account of the theoretical underpinnings of immigration law. This Article attempts to fill that void by identifying four theories to explain various aspects of immigration law and the arguments advanced in support of such law: (1) individual rights theory, which turns on the prospective migrant’s right of entry into the United States, (2) domestic interest theory, which considers whether and to what degree allowing migrants into the United States will benefit the country as a whole, (3) national values theory, which focuses on whether the admission of migrants promotes the fundamental values of the country, …

States Taking Charge: Examining The Role Of Race, Party Affliation, And Preemption In The Development Of In-State Tuition Laws For Undocumented Immigrant Students , Stephen L. Nelson, Jennifer L. Robinson, Kara Hetrick Glaubitz

Michigan Journal of Race and Law

Part I of this Article details both the legislative and legal history of undocumented immigrants’ access to education in the United States. Part II then describes the current U.S. state laws in effect regarding in-state tuition for undocumented immigrant students at state-funded colleges and universities. Part III further explores the development of laws and policies with a keen focus on potential correlations between (1) the racial composition of state legislatures and the passage of in-state tuition policies; (2) the race of governors and the passage of in-state tuition policies; (3) partisan composition of state legislatures and the passage of in-state …

Avetisyan's Limited Improvements Within The Overburdened Immigration Court System, Kristin Bohman

University of Colorado Law Review

In early 2012, the Board of Immigration Appeals (BIA) decided Matter of Avetisyan, overturning precedent that prohibited immigration judges from administratively closing an immigrant's case over the objection of either party. Avetisyan enables immigration judges to administratively close a case and remove it from their active dockets, subject to later re-calendaring by either party for final resolution. By giving judges the authority to administratively close cases, Avetisyan reaffirms the independent decision-making authority of immigration judges and allows them to reallocate some of their limited time to more pressing cases. But Avetisyan's break from precedent cannot reach the roots of the …

Driving Privilege Cards For Undocumented Minnesotans: Addressing Constitutional Concerns And Promoting Public Safety, Lindsey R. Wheeler

William Mitchell Law Review

No abstract provided.

Multiple Nationality And Refugees, Jon Bauer

Faculty Articles and Papers

Persons with more than one nationality (“multiple nationals”) who flee persecution in their home country may have compelling reasons to seek asylum elsewhere rather than go to a second country of nationality where they have no ties or face serious hardships. The 1951 U.N. Convention Relating to the Status of Refugees, however, expressly makes them ineligible for refugee status unless they have a well-founded fear of being persecuted in all their countries of nationality. The U.S. Refugee Act omits this exclusionary language but nonetheless has been read by immigration agencies as if it incorporated the Convention’s approach. This Article challenges …

Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, 47 J. Marshall L. Rev. 1181 (2014), Jean Stefancic

UIC Law Review

No abstract provided.

Immigration Remarks For The 10th Annual Wiley A. Branton Symposium, Shoba S. Wadhia

Faculty Scholarship

This morning (despite the pressure that our panel comes right before lunch), I am going to provide a “101” on the role of prosecutorial discretion in immigration law, which is my primary area of research and fundamental to understanding how the immigration system operates. Prosecutorial discretion is a largely invisible tool that enables thousands, if not millions, of unauthorized noncitizens to reside in the United States without fear from deportation. It may be characterized as invisible because prosecutorial discretion decisions are largely connected to no action at all or as some call it, nonenforcement. A favorable exercise of “prosecutorial discretion” …