Immigration Law Commons^™

Mass Media And The Immigration Ban, Collin Morris, Leo Rosado, Hannah Tomes, Nolan Winbun

Scholars Week

Our Topic is the Immigration Ban Vs Mass Media, which will focus on the opinions of the ban and how media content can change the public's opinion. The problem we are addressing is the tendency of the general public to form opinions without research or knowledge of the topic they are considering. Data collection through surveying students is the best way to examine our study because we get a diverse collection of opinions on our topic. Our groups is examining four classrooms with surveys, two in which we show video content and two without. Results will be shared at Scholars …

Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Upholding The Revised Refugee Executive Order: A Virginia District Court Clari􀂽Es The Establishment Clause Issues, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Presidential Immigration Policies Endangering Health And Well-Being?, Lawrence O. Gostin, Katharina Ó Cathaoir

Georgetown Law Faculty Publications and Other Works

Since assuming office, President Trump has issued a series of executive orders transforming United States immigration policy. From building a border wall to banning entry to the US based on nationality, these executive orders are likely to profoundly impact health and wellbeing. Are these actions legal, ethical, and what are the likely effects on US health care?

The implications of the proposed expansion of the border wall between Mexico and the US, new rules on deportation and detention, and the proposed ban on immigration from certain Muslim-majority countries are discussed. These actions run contrary to available evidence on protecting the …

Freedom From Detention: The Constitutionality Of Mandatory Detention For Criminal Aliens Seeking To Challenge Grounds For Removal, Darlene C. Goring

Arkansas Law Review

This article will examine the narrow question left unresolved by the Court’s decision in Demore regarding “whether mandatory detention under §1226(c) is consistent with due process when a detainee makes a colorable claim that he is not in fact deportable.” This article will examine the Seventh Circuit’s application of that language to provide heightened due process protections to aliens facing mandatory detention. It will also examine the application of section 1226(c) to aliens in removal proceedings and discuss the due process implications arising from mandatory detention of aliens in removal proceedings.

This article will argue that the current statutory and …

The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood

Barry Law Review

No abstract provided.

Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson

VA Engage Journal

The immigration legal system exists as a function of the executive branch rather than the judicial branch, and many of the constitutional rights guaranteed in a judicial court do not continue into the immigration legal sphere. Noncitizen defendants in the immigration court system are not guaranteed the same due process rights or right to appointed counsel as United States citizens, which severely limits their chance of a successful outcome. Moreover, while many noncitizens await their trials in these courts, they are often placed in one of the 234 immigration detention facilities across the nation, which further exacerbates the direness of …

The Revised Refugee Executive Order In The Courts: Detour Or Speed-Bump?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Revised Refugee Eo In The Courts Ii: The Flawed Maryland District Court Decision, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Newroom: From The Bronx To Haiti: Asb 3-16-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: Huffpost: Mancheno '13 Battles Muslim Ban 3-16-2017, Christopher Mathias, Omar Kasrawi, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Executive Disorder: The Muslim Ban, Emergency Advocacy, And The Fires Next Time, Abed Ayoub, Khaled Beydoun

Michigan Journal of Race and Law

On January 27, 2017, one week into his presidency, Donald Trump enacted Executive Order No. 13769, popularly known as the “Muslim Ban.” The Order named seven Muslim-majority nations and restricted, effective immediately, the reentry into the United States of visa and green card holders from these states. With the Muslim Ban, President Trump delivered on a central campaign promise, and as a result, injected Islamophobia into American immigration law and policy.

The Muslim Ban had an immediate impact on tens of thousands of Muslims, directly affecting U.S. visa and green card holders currently outside of the country, while exacerbating fear …

Executive Estoppel, Equitable Enforcement, And Exploited Immigrant Workers, Angela D. Morrison

Faculty Scholarship

Unauthorized workers in abusive workplaces have found themselves in a tug-of-war between federal agencies. On one side are federal prosecutors with the Department of Justice or Immigration and Customs Enforcement--who seek to criminally prosecute or deport the workers and treat the workers as defendants. On the other side are agencies like the U.S. Equal Employment Opportunity Commission, the Department of Labor, and U.S. Citizenship and Immigration Services who have determined the workers are victims of workplace exploitation and deserve protection. This mixed message—protection from one federal agency and prosecution by another—is contrary to Congressional intent and undermines the enforcement of …

The Revised Refugee Eo: Reports Show A Clear Turn Toward Legal Compliance, Peter Margulies

Law Faculty Scholarship

No abstract provided.

A Modest Memo, Yxta Maya Murray

Michigan Journal of Race and Law

A Modest Memo is a satire in the form of a legal memo written for President-Elect Donald Trump circa November 2016. It counsels Mr. Trump to obtain Mexican funding for a United States-Mexico “Wall” via United Nations Security Council sanctions. These sanctions would freeze remittances (that is, “hold them hostage”) until Mexican President Enrique Peña Nieto wired the United States sufficient monies for construction. The memo, which is entirely the product of my imagination and legal study, contemplates one of the many possible worst case scenarios threatened by the Trump presidency. Through the arts of law and literature, I aim …

American Nationals And Interstitial Citizenship, Rose Cuison Villazor

Fordham Law Review

Citizenship scholarship is pervasively organized around a binary concept: there is citizenship (which is acquired at birth or through naturalization) and there is noncitizenship (which accounts for everyone else). This Article argues that this understanding is woefully incomplete. In making this argument, I tell the story of noncitizen nationals, a group referred to by this Article as American nationals. Judicially constructed in the 1900s, and codified by Congress in 1940, American nationals possess some of the rights inherent to citizenship, such as the right to enter and reside in the United States without a visa. Yet, they do not have …

Newsroom: Ny Times: Refugee, Immigrant, And Citizen 02-27-2017, Alexandra S. Levine, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Dhs Border Memo Ii: Removal First, Hearing Later?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Dhs Border Memo: Ramping Up Expedited Removal And Raising Tensions With Mexico And With Due Process, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Ninth Circuit Agrees To Wait For Revised Refugee Executive Order, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Newsroom: Slate: Goldstein On Travel Ban 02-17-2017, Jared A. Goldstein

Life of the Law School (1993- )

No abstract provided.

Irreconcilable Principles: Minority Rights, Immigration, And A Religious State, Abigael C. Bosch

Indiana Journal of Global Legal Studies

A state formed to attract immigrant settlement in the aftermath of World War II, Israel was founded as an explicitly Jewish, yet democratic state. Israel's democratic and Zionist motivations are readily identifiable in its Declaration of Independence and have pervaded the country's legal landscape since its establishment. In recent years, however, the steady influx of African asylum seekers traveling to Israel in hopes of securing a better life have proven difficult for Israel to manage. Israel's commitment to preserving the state's Jewish character while still maintaining traditional democratic principles like equality creates a scenario where the so-called "infiltrator" asylum seekers …

In Defense Of Birthright Citizenship, Shannon Auvil

DePaul Journal for Social Justice

No abstract provided.

The Ninth Circuit On The Refugee Eo: The Government’S Least Bad Option, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Refugee Eo In The Ninth Circuit: Rights, Wrongs, And Remedies, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Refugee Executive Order, The Immigration Act, And The Government’S Bottom Line, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Note To Trump: Know What You Call Muslims Who Reject Radical Islam? Refugees, Angela M. Banks, Nathan B. Oman

Popular Media

No abstract provided.

Liberty At The Cost Of Constitutional Protections: Undocumented Immigrants And Fourth Amendment Rights, Linet Suárez

University of Miami Inter-American Law Review

The Supreme Court has issued many opinions indirectly addressing the Fourth amendment rights of undocumented immigrants. However, none of these opinions answer the questions that matter most: do undocumented immigrants have Fourth Amendment protections and if so, what are they. These questions have increasingly become more important because advances in technology facilitate intrusive searches and seizures by law enforcement officers. This article will specifically focus on the Department of Homeland Security and its use of GPS ankle bracelets to monitor undocumented immigrants. This article compares existing Supreme Court opinions concerning undocumented immigrants and Fourth Amendment rights in the technological age. …

Local Immigration Enforcement Entrepreneurship In The Punishment Marketplace, Daniel L. Stageman

Dissertations, Theses, and Capstone Projects

The contemporary neoliberal economic order plays a significant role in American social organization and policy-making. Most importantly, neoliberal ideology drives the creation and imposition of markets in public goods and services and the valorization of free market ideology in cultural life. The neoliberal ‘project of inequality’ is in turn delimited and upheld by an authoritarian system of punishment built around mass incarceration, surveillance, and an unprecedented level of social control directed at the lowest strata of American society – a group that includes both the urban underclass, and unauthorized immigrants.

This study lays out the theory of the punishment marketplace …

The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro

Dissertations, Theses, and Capstone Projects

This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant’s life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant’s degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each, and 33 …