Immigration Law Commons^™

The Boundaries Of Executive Discretion: Deferred Action, Unlawful Presence, And Immigration Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Deliberate Destitution As Deterrent: Withholding The Right To Work And Undermining Asylum Protection, Lori A. Nessel

San Diego Law Review

This Article critiques the United States’ bar on employment for asylum seekers on a number of fronts. Beginning with a historical perspective, I explore the more humane regime that existed in the United States until 1995. Under this prior system, asylum seekers with bona fide claims were permitted to work while their claims proceeded. This Article examine the underlying fears and policy goals that led Congress to dramatically curtail protection and the right to work for asylum seekers. By situating the prohibition on work for asylum seekers within the larger context of overall punitive immigration reforms and the increasing criminalization …

Clapper And The Costs Of Overlooking Use Restrictions, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Perceptions Of Immigration In America, Manuel Cardoza

Student Scholar Symposium Abstracts and Posters

Throughout history the United States as a nation saw many waves of immigrants who collectively shaped and helped build the America we see today. Today immigration has become a prevalent issue that is impeding progress and potentially facilitating the rise of new conflicts in a country plagued by civil injustices toward minority groups who are feeling marginalized and discriminated. Immigration desperately needs the attention of the U.S government in order to reach a solution and stop a community from being ostracized. Much of this great nation has been formed and built on the fundamental idea of immigrant forces coming together …

Comparative Perspectives On Statelessness And Persecution, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Leave The Door Open: Mental Incompetency And The Case For A Clear Standard Of Equitable Tolling In Immigration Cases, Claire M. Wheeler

University of Miami Race & Social Justice Law Review

No abstract provided.

The Status Of Nonstatus, Geoffrey Heeren

Law Faculty Publications

No abstract provided.

A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings, Rose Linton

Seattle University Law Review

Every day, Asylum Officers (AOs) and Immigration Judges (IJs) hear cases to determine if the asylum seeker has a genuine claim to protection under the Refugee Act, which prohibits returning a refugee to a country where her life or freedom is threatened due to race, religion, political opinion, nationality, or membership in a particular social group. AOs and IJs are aware that their decision may mean life or death for an asylum seeker. They are also aware that false claims are “distressingly common,” that unscrupulous attorneys and unauthorized practitioners of immigration law have perpetrated fraudulent asylum schemes, and that granting …

Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández

Journal of Race, Gender, and Ethnicity

No abstract provided.

Confronting Cops In Immigration Court, Mary Holper

William & Mary Bill of Rights Journal

Part I of the Article outlines the police report problem by discussing the four situations in which police reports are used in immigration court, why police reports are unreliable, and the scope of the problem. Part II discusses criminal law’s treatment of police reports, focusing on the Confrontation Clause of the Sixth Amendment, which provides the constitutional justification for excluding police reports in criminal cases. Part III discusses the use of hearsay evidence in immigration cases, where hearsay is allowed due to the characterization of removal proceedings as civil, not criminal. While there has been a trend to reject unreliable …

Snap: How The Moral Elasticity Of The Denaturalization Statute Goes Too Far, Aram A. Gavoor, Daniel Miktus

William & Mary Bill of Rights Journal

Comprehensive immigration reform is a popular topic in Congress. While many reform bills have been offered, none have addressed the significant substantive and procedural issues surrounding denaturalization, the process where the federal government may seek to have a naturalized person’s citizenship revoked in federal court if his citizenship was unlawfully or fraudulently procured.Though denaturalization serves public policy as a final check on naturalization fraud, existing law also permits the government to denaturalize an individual solely for speech and expressive association that occurs after one acquires citizenship. This provision, 8 U.S.C. § 1451(c), violates naturalized citizens’ First Amendment rights to free …

Refugee Status For Soviet Jewish Immigrants To The United States, Victor Rosenberg

Touro Law Review

No abstract provided.

Citizenship For The Guest Workers Of The Commonwealth Of The Northern Mariana Islands, Rose Cuison Villazor

Chicago-Kent Law Review

This essay explores an underexamined yet compelling immigration issue: whether Congress should confer to long-term guest workers in the Common-wealth of the Northern Mariana Islands (CNMI) a path to lawful permanent residence and citizenship. The issue has led to contentious debates between groups arguing for a fair and equitable result for the guest workers and groups advocating for the indigenous peoples of the CNMI who fear loss of political power. Contend-ing that both arguments raise important anti-subordination claims, this essay argues that resolution of the issue requires a close examination of the historical, cultural and economic factors that led to …

Newsroom: A New Voice For Access To Justice, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Deconstructing And Reconstructing Rights For Immigrant Children, Erin B. Corcoran

Law Faculty Scholarship

Children rights advocates and scholars alike continue to call for the development of innovative and alternative rights models, which specifically provide for an expansive conceptualization of children’s rights. Central to their calls for reform is a simultaneous recognition that children’s rights must embody agency – a child’s voice (a proxy for autonomy) – free from governmental interference, as well as the establishment of certain fundamental “needs” that place an affirmative obligation on the State to ensure the child has, and affirmatively provide, when necessary. Reimagining children’s rights also requires reforming our laws in such a way that reflects children as …

Getting To Group Under U.S. Asylum Law, Jillian Blake

Notre Dame Law Review Reflection

In February 2014, the Board of Immigration Appeals (BIA or the Board) issued two new precedential decisions, Matter of M-E-V-G- and Matter of W-G-R-, clarifying the legal requirements for PSG asylum. This Essay argues that the BIA’s decisions further confuse this already complex area of law and the standards established in the decisions exclude particular social groups already recognized under U.S. law. The complications and contradictions in these and other BIA decisions carry the risk of excluding valid claims to PSG protection and rely upon criteria that cannot be applied consistently. Because the new BIA PSG standards are unworkable, …

Nexus Redux, Anjum Gupta

Indiana Law Journal

Pursuant to its obligations under international law, the U.S. government has agreed to provide protection to individuals who fear persecution in their home countries for reasons of race, religion, nationality, membership in a particular social group, or political opinion. This protection in the United States takes the form of asylum, and the asylum statute states that the United States will protect individuals from persecution that occurred or will occur “on account of” one of those grounds. The Supreme Court has stated that in order to meet the “on account of” or “nexus” requirement, an asylum applicant must provide some evidence, …

A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell

West Virginia Law Review

No abstract provided.

Coping With A New "Yellow Peril": Japanese Immigration, The Gentleman's Agreement, And The Coming Of World War Ii, Paul Finkelman

West Virginia Law Review

No abstract provided.

Undocumented No More: The Power Of State Citizenship, Peter L. Markowitz

Articles

An estimated eleven million undocumented immigrants live in the United States. These individuals have become integral members of American families and vital components of the American economy. Yet repeated efforts to meaningfully reform the nation's immigration laws--to more fully integrate these individuals into American society-have failed to garner sufficient political support in Congress. The prospects for significant congressional action on immigration reform remain bleak into the foreseeable future as our nation's debate on immigration has been warped by powerful, but largely inaccurate, themes of criminality, lax border enforcement, and national security threats. These themes have been crafted and cemented in …

The Tipping Point: The Failure Of Form Over Substance In Addressing The Needs Of Unaccompanied Immigrant Children, Lauren R. Aronson

Journal Articles

No abstract provided.

The Struggle To Rise Above The Shadows Before Sunset: A Critical Discussion On The Need To Lift The Expiration And Renewal Requirements Of Daca And Dapa, Anna Oguntimein

University of the District of Columbia Law Review

Reasoning that judicial economy is best served when a law enforcement agency determines how to expend its limited enforcemen tresources, the Supreme Court has held that the decision to exercise prosecutorial discretion is presumptively unreviewable.1 In the realm of immigration law, Deferred Action for Childhood Arrivals (DACA) and the recently announced Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) promote the goal of judicial economy by imposing a freeze on the deportation of eligible noncitizens who either entered the United States as children or who have a child who is a U.S. citizen or lawful permanent resident …

26 States Sue Obama Over Immigration Plan, Lauren Carasik

Media Presence

No abstract provided.

Immigration Reform - Provisions In The Proposed Immigration Reform And Control Act Of 1985 Permitting The Use Of Temporary Foreign Workers In The United States - Importing Labor From Mexico, Andrew W. Baker

Georgia Journal of International & Comparative Law

No abstract provided.

What's At Stake?: Bluman V. Federal Election Commission And The Incompatibility Of The Stake-Based Immigration Plenary Power And Freedom Of Speech, Alyssa Markenson

Northwestern University Law Review

Section 441e of the U.S. Code prohibits “foreign nationals”—all noncitizens except lawful permanent residents—from making any contribution or expenditure in any federal, state, or local election. In Bluman v. Federal Election Commission, the Supreme Court summarily affirmed a three-judge district court’s decision to uphold the law based on the government’s compelling interest in preventing foreign influence over U.S. elections. Notably, Bluman’s holding was animated by its reasoning that the extent of First Amendment protection should be directly tied to the aliens’ stake in American society—a reflection of the Supreme Court’s jurisprudence since the middle of the twentieth century that seeks …

Plyler Students At Work: The Case For Granting Law Licenses To Undocumented Immigrants, Lindy Stevens

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Embodying A "New" Color Line: Racism, Anti-Immigrant Sentiment And Racial Identities In The "Postracial" Era, Grant J. Silva

Philosophy Faculty Research and Publications

This essay explores the intersection of racism, racial embodiment theory and the recent hostility aimed at immigrants and foreigners in the United States, especially the targeting of people of Latin American descent and Latino/as. Anti-immigrant and anti-foreigner sentiment is racist. It is the embodiment of racial privilege for those who wield it and the materiality of racial difference for those it is used against. This manifestation of racial privilege and difference rests upon a redrawing of the color line that is meant towards preserving exclusive categories of political membership. The charge of racism, however, is elided by the fact that …

Involuntary Return And The “Found In” Clause Of 8 U.S.C. § 1326(A): An Immigration Conundrum, Matthew J. Geyer

Fordham Law Review

    Illegal reentry into the United States by previously removed aliens is a major problem that has risen steadily in recent years. 8 U.S.C. § 1326(a) punishes such aliens. Specifically, § 1326(a) provides for criminal fines or imprisonment (or both) of any previously removed alien who enters, attempts to enter, or is “found in” the United States at any time after his or her initial removal.

    What does it mean to be “found in” the United States in violation of § 1326(a)? The easy case is when a previously removed alien surreptitiously reenters the United States illegally, remains in the United …

Current Issues And Pro Bono Opportunities In Immigration Law: Asylum, Due Process And Enforcement Concerns, Jason A. Cade, Azadeh Shahshahani, Dana Leigh Marks, Joseph H. Rosen

Working in the Public Interest Conferences

Immigration courts must handle a large number of cases, including asylum cases, with extremely limited resources. Adequate legal representation is not always available, giving rise to concerns about the integrity of the deportation process and the treatment of persons subject to U.S. immigration law. This panel discussed the nature of the due process problems, the practical consequences faced by people moving through the system, deportation and incarceration issues, and the services attorneys can provide to vulnerable individuals.

Welcoming Remarks, Peter B. Rutledge

Working in the Public Interest Conferences

No abstract provided.