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Articles 1 - 30 of 206
Full-Text Articles in Immigration Law
Looking Past Manufactured Crisis Narratives: Grounded Solutions For The Border And Beyond, Monika Y. Langarica
Looking Past Manufactured Crisis Narratives: Grounded Solutions For The Border And Beyond, Monika Y. Langarica
San Diego Law Review
This Article presents a solutions-oriented approach to engaging with the complex landscape of political, legal, and humanitarian issues at the United States-Mexico border. It proceeds in three parts. Part II illustrates the counterproductive effects of the border crisis narrative in localities across the interior of the country and in recent negotiations in Washington, D.C. Part III discusses effective border interventions grounded in local expertise, including examples which demonstrate that while federal preemption forbids states from interfering with immigration enforcement, states are within their rights to enact policies and stand up efforts to improve the reception and treatment of immigrants in …
Afghan Allies In Limbo: Discrimination In The U.S. Immigration Response, Lindsay M. Harris, Yalda Royan
Afghan Allies In Limbo: Discrimination In The U.S. Immigration Response, Lindsay M. Harris, Yalda Royan
San Diego Law Review
After the fall of Kabul in August 2021, the U.S. government airlifted an estimated 120,000 people to safety from Afghanistan. An airlift of this scale was unprecedented, but also woefully inadequate as a solution to the Afghan humanitarian crisis. This Article, a contribution to participatory law scholarship, is written by a U.S. law professor and immigration expert and an Afghan woman evacuated from Afghanistan in 2021 and analyzes the United States’s immigration response to the Afghan humanitarian crisis following the Taliban takeover. While the United States granted humanitarian parole for two years to approximately 76,000 individuals, permitting them to enter …
Deadly Deterrence: Border Patrol Authority, Pursuits, And Deported Witnesses, Shaw Drake
Deadly Deterrence: Border Patrol Authority, Pursuits, And Deported Witnesses, Shaw Drake
San Diego Law Review
Since 1994, the United States has perpetrated a border policy based on the idea that tougher enforcement will mean fewer people will cross the border—termed “prevention through deterrence.” But this idea has never fulfilled its stated aim and has turned into something resembling a border ideology rather than a border policy based in fact and reality. The results have been deadly.
This Article examines a small slice of the results of this deadly border policy as it looks at Border Patrol vehicle pursuits and the deportation of those who witness Border Patrol misconduct. It also provides an overview of the …
Fentanyl, Narco-Terrorism, And National Security Politics, J. Richard Broughton
Fentanyl, Narco-Terrorism, And National Security Politics, J. Richard Broughton
San Diego Law Review
This Article examines the use of a counterterrorism model to attack the fentanyl crisis. Rather than advocate for or against such a model, this Article envisions what employing a counterterrorism model against international drug traffickers would look like. Noting the dimensions of national security politics that intersect with counter-fentanyl policy, this Article will evaluate three distinct counterterrorism approaches: (1) using criminal counterterrorism statutes in federal indictments and prosecutions; (2) designating drug trafficking organizations as Foreign Terrorist Organizations (FTOs); and (3) authorizing the use of military force against Mexican cartels. While the current state of bellicose national security politics can inform …
The Fundamental Right Of A Safe Place To Call Home: Why The United States Immigration System Needs To Reform Its Response To Humanitarian Crises, Mackenzie Biles
The Fundamental Right Of A Safe Place To Call Home: Why The United States Immigration System Needs To Reform Its Response To Humanitarian Crises, Mackenzie Biles
Journal of the National Association of Administrative Law Judiciary
As part of its overall aim to identify how the United States can more proactively intervene in humanitarian crises, this article will examine the Department of Homeland Security’s role in securing the safe arrival of migrants into the United States and helping them to thrive thereafter, using the crisis in Afghanistan as a lens. Part I outlines the U.S. involvement in Afghanistan and the events culminating in the 2021 military withdrawal, while seeking to remain mindful of this history’s complexity and nuance. Part II examines existing U.S. immigration mechanisms, with a focus on humanitarian parole, and critiques their inadequacy in …
The Next Chapter Of Consular Nonreviewability: Muñoz V. U.S. Dep’T Of State, 50 F.4th 906 (9th Cir. 2022), Bryan Gilbert-Overland
The Next Chapter Of Consular Nonreviewability: Muñoz V. U.S. Dep’T Of State, 50 F.4th 906 (9th Cir. 2022), Bryan Gilbert-Overland
Buffalo Law Review
No abstract provided.
Cancellation Of Removal For Inadmissible Non-Citizens, Anna Vanbuskirk
Cancellation Of Removal For Inadmissible Non-Citizens, Anna Vanbuskirk
Law Student Works
Cancellation of removal is a defensive application for non-citizens in immigration removal proceedings. It is often colloquially referred to as “42B cancellation of removal” based on the form number of the associated application. This Pathfinder research guide provides an overview of cancellation of removal for inadmissible non-citizens. Those who satisfy the criteria in INA § 240A(b)(1) and successfully petition an immigration judge for 42B cancellation of removal are eligible for adjustment of status to lawful permanent residence.
This guide navigates the researcher through an overview of the cancellation of removal criteria and how to find the relevant federal statutes, applicable …
Parole Under Ina 212(D)(5)(A): Balancing Humanitarian Needs And Legal Boundaries, Jorge Miguel Magdaniel Manzur
Parole Under Ina 212(D)(5)(A): Balancing Humanitarian Needs And Legal Boundaries, Jorge Miguel Magdaniel Manzur
Immigration Law Blog
This article examines how various uses and interpretations of parole under INA § 212(d)(5) have shaped immigrants' access to benefits, highlighting the balance between executive discretion and statutory limits within recent political and humanitarian contexts.
The Equal Protection Case Against Disparate U.S. Humanitarian Parole Policies For Afghans Compared To Ukrainians, Darcy Gallego
The Equal Protection Case Against Disparate U.S. Humanitarian Parole Policies For Afghans Compared To Ukrainians, Darcy Gallego
Fordham Law Review
The disparities between the U.S. government’s use of humanitarian parole in response to the humanitarian crises in Afghanistan and Ukraine are indicative of discrimination and violate the Equal Protection Clause. As such, U.S.-based relatives of Afghans should prevail in seeking accountability for the thousands of Afghans who continue to wait for protection.
First, this Note explains what immigration parole is, provides an overview of standing, equal protection, and animus, and describes how the government has used parole for Afghans and Ukrainians. Second, it compares parole for Afghans and Ukrainians and discusses recent immigration equal protection challenges. Third, it demonstrates that …
No Conozco A Ninguna Miranda Y Quiero Mi Abogado: The Constitutional Inadequacies Of Translated “Miranda Cards” In Police Interrogations, Sean Werkheiser
No Conozco A Ninguna Miranda Y Quiero Mi Abogado: The Constitutional Inadequacies Of Translated “Miranda Cards” In Police Interrogations, Sean Werkheiser
University of Miami Inter-American Law Review
This article explores the challenges and complexities surrounding the application of the Miranda warning in the United States and specifically addresses its impact on non– English–speaking immigrants. While many Americans are familiar with these rights, recent immigrants may not fully understand them, particularly if they come from countries that do not offer equivalent legal protections. This article performs a comparative analysis of the right to silence and counsel in Cuba, Haiti, and Colombia—three countries with the largest immigrant populations in Miami, FL. Furthermore, this article examines how Miami-Dade Police address the linguistic barriers inherent in translated “Miranda Cards,” and argues …
With Fear, Favor, And Flawed Analysis: Decision-Making In The U.S, Immigration Courts, Karen Musalo, Anna O. Law, Annie P. Daher, Katharine Donato, Chelsea Meinders
With Fear, Favor, And Flawed Analysis: Decision-Making In The U.S, Immigration Courts, Karen Musalo, Anna O. Law, Annie P. Daher, Katharine Donato, Chelsea Meinders
Publications and Research
Immigration judges (IJs), housed within the Executive Office for Immigration Review within the Department of Justice (DOJ), make decisions in asylum and withholding claims, which are life or death matters. And although their title is “judge,” IJs are DOJ attorneys who lack independence and are par- ticularly susceptible to political pressures. Federal court judges and scholars alike have criticized the quality and fairness of IJ decision-making, and many studies have been carried out to better understand the factors that impact it. The prior studies have relied principally on quantitative data because IJ decisions are not publicly available or searchable in …
Strangers To The Algorithm: The Effects Of Algorithmic Decision-Making In Removal Proceedings On Due Process Rights, Otoniel Ramos
Strangers To The Algorithm: The Effects Of Algorithmic Decision-Making In Removal Proceedings On Due Process Rights, Otoniel Ramos
Undergraduate Research Symposium Podium Presentations
This paper investigates the impact of algorithmic decision-making tools on due process rights, particularly within immigration removal proceedings. Deviating from prior studies, which primarily focused on various measures of fairness or the long-term racial stratification as a consequence of these tools, this research emphasizes the implications for due process—a fundamental legal principle enshrined in the U.S. Constitution. By examining ICE's use of these tools between July 2012 (when they were adopted) and October 2016, the study reveals the ways algorithmic input may inadvertently erode principles of procedural justice, especially adjudicatorial independence, in a setting where the rights of non-citizens are …
Immigration: Ancient Counterparts And Processes, Monica Souza Sue
Immigration: Ancient Counterparts And Processes, Monica Souza Sue
Undergraduate Research Symposium Posters
This project sought to inspect parallels between modern and ancient societies, and the commonality of certain events and political markers. This project makes mentions of power dynamics, the position of immigrants as a source of labor, and their commodification as a force. Research used a 'compilation of materials' method. In which, is performed the examination and studying of different materials in relation to the question, compiling findings, and crafting commentary based on the discoveries of the medias. The experiences of immigrants in the United States are strongly comparable to the experiences of metic (immigrant) women in ancient Athens. A small …
The Future Of Immigrant Rights, Center For Rights And Justice, Benjamin N. Cardozo School Of Law
The Future Of Immigrant Rights, Center For Rights And Justice, Benjamin N. Cardozo School Of Law
2024–2025 Flyers
No abstract provided.
Accommodating Incompetency In Immigration Court, Elizabeth Jordan
Accommodating Incompetency In Immigration Court, Elizabeth Jordan
Northwestern University Law Review
In criminal law, an individual must be deemed competent to stand trial, yet our immigration courts routinely order the deportation of incompetent noncitizens. A removal proceeding against a noncitizen—where an outcome of deportation often risks life-threatening harm—continues apace even if the noncitizen has been deemed incompetent by the immigration judge. In place of halting proceedings, the immigration judge imposes “safeguards” pursuant to a provision of the immigration code that neither defines nor explains the term. In practice, judges’ application of the term “safeguards” is often absurd. The implications of continuing a proceeding against a noncitizen with a disability affecting competency …
With Fear, Favor, And Flawed Analysis: Decision-Making In U.S. Immigration Courts, Karen B. Musalo Prof.
With Fear, Favor, And Flawed Analysis: Decision-Making In U.S. Immigration Courts, Karen B. Musalo Prof.
Faculty Scholarship
Immigration judges (IJs), housed within the Executive Office for Immigration Review within the Department of Justice (DOJ), make decisions in asylum and withholding claims, which are life or death matters. And although their title is “judge,” IJs are DOJ attorneys who lack independence and are particularly susceptible to political pressures. Federal court judges and scholars alike have criticized the quality and fairness of IJ decision-making, and many studies have been carried out to better understand the factors that impact it. The prior studies have relied principally on quantitative data because IJ decisions are not publicly available or searchable in any …
The Troubling Case(S) Of Noncitizens: Immigration Enforcement Through The Criminal Justice System And The Effect On Families, Juan C. Quevedo
The Troubling Case(S) Of Noncitizens: Immigration Enforcement Through The Criminal Justice System And The Effect On Families, Juan C. Quevedo
Tennessee Journal of Law and Policy
No abstract provided.
Precedent, Fairness, And Common Sense Dictate That Padilla V. Kentucky Should Apply Retroactively, William N. Conlow
Precedent, Fairness, And Common Sense Dictate That Padilla V. Kentucky Should Apply Retroactively, William N. Conlow
Tennessee Journal of Law and Policy
In 2010, the Supreme Court decided the landmark case of Padilla v. Kentucky. The Padilla Court's holding was that failure of counsel to advise a non-citizen criminal defendant about the immigration consequences of a guilty plea constitutes ineffective assistance of counsel. This article addresses whether Padilla applies to convictions that occurred before Padilla was decided, in March 2010.
First, this article provides background on relevant immigration law, Padilla v. Kentucky, and the Supreme Court's retroactivity case law. Then, this article considers how lower courts have addressed the issue of retroactivity in the approximately twenty-seven months after the Padilla decision. This …
Immigration Justice Clinic Graduates Help Win Motion To Overturn Deportation Order, Kathryn O. Greenberg Immigration Justice Clinic
Immigration Justice Clinic Graduates Help Win Motion To Overturn Deportation Order, Kathryn O. Greenberg Immigration Justice Clinic
Cardozo News 2024
Norberto Peets, who spent years in prison due to a wrongful conviction overturned by the Innocence Project, faced deportation before Cardozo's Immigration Justice Clinic (IJC) fought for him.
Humanitarian Parole To The United States: The Case Of A Gay Man Fleeing Afghanistan, Melanie Shapiro
Humanitarian Parole To The United States: The Case Of A Gay Man Fleeing Afghanistan, Melanie Shapiro
Dignity: A Journal of Analysis of Exploitation and Violence
This article will discuss my experience as an immigration attorney representing a gay man from Afghanistan fleeing the Taliban. First, it will give an overview of the Taliban’s role in Afghanistan and the Taliban takeover in August 2021. It will then discuss the treatment of lesbian, gay, bisexual, and transgender (LGBT) individuals in Afghanistan. Next, the article will discuss how I became involved in representing individuals fleeing Afghanistan and the humanitarian parole process.
Book Review: Welcome The Wretched: In Defense Of The "Criminal Alien", Matthew Boaz
Book Review: Welcome The Wretched: In Defense Of The "Criminal Alien", Matthew Boaz
Law Faculty Popular Media
Prof. César Cuauhtémoc García Hernández has spent more than a decade writing about the intersection of criminal law and immigration law. In his most recent book, Welcome the Wretched: In Defense of the “Criminal Alien,” he offers a bold proclamation – that immigration enforcement in the United States should be untethered from the criminal legal system. Grounding his argument are two equally important assertions: (1) tying deportation to perceived criminal activity does not make the United States any safer, and (2) migrants are people, “complicated and contradictory,” but worthy of consideration beyond their greatest missteps.
Immigration Justice Clinic Releases New Report That Exposes Failures Of Immigration And Customs Enforcement To Provide Language Access To Detained People, Kathryn O. Greenberg Immigration Justice Clinic
Immigration Justice Clinic Releases New Report That Exposes Failures Of Immigration And Customs Enforcement To Provide Language Access To Detained People, Kathryn O. Greenberg Immigration Justice Clinic
Cardozo News 2024
In early September, the Kathryn O. Greenberg Immigration Justice Clinic (IJC) released Held Incommunicado: The Failed Promise of Language Access in Immigration Detention, the first report of its kind, focusing on how language access was denied to those who have limited English proficiency being held in U.S. Immigration and Customs Enforcement (ICE) detention facilities. The denial of language access the report uncovered includes multiple instances of ICE not providing translators and interpreters, impeding detained peoples' ability to request medical care and legal assistance, and demonstrates that the agency failed to meet its own guidelines.
Expanding Healthcare Access For The Undocumented Immigrant Community: The Heal For Immigrant Families Act Of 2023, Perla Torres Estrada
Expanding Healthcare Access For The Undocumented Immigrant Community: The Heal For Immigrant Families Act Of 2023, Perla Torres Estrada
The Gettysburg Journal for Public Policy
When it comes to the topic of universal healthcare, most of us will readily agree that healthcare is a human right. Where this agreement usually ends, however, is on the question of who should be granted this right, and if it should be left to the free market to determine access and affordability. Specifically, the political debate on expanding healthcare access to undocumented immigrants in the United States revolve around concerns over costs, legality, and equity. Proponents maintain that it is a human right whereas opponents question the potential burden on taxpayers and the implication for immigration policy. The HEAL …
Administrative Arrest Warrants: Armed Encounters Outside The Judicial Process, Meg Penrose
Administrative Arrest Warrants: Armed Encounters Outside The Judicial Process, Meg Penrose
Faculty Scholarship
This Article considers three related questions. First, is a person “seized” under the Fourth Amendment when law enforcement restricts a person’s movements in their home and limits their ability to leave or go about their business? Second, does the answer to this seizure inquiry turn on the person’s citizenship status? And third, how do lawyers ensure that courts discard bad law? This last question is not a qualitative assessment— with good and bad law being tied to one’s legal ideology. Rather, certain legal holdings, dating back over half a century, have been whittled away if not entirely eroded. When this …
Us-Mexico Relations: Addressing Challenges At The Border, The Brookings Institution
Us-Mexico Relations: Addressing Challenges At The Border, The Brookings Institution
Brookings Mountain West Special Events
Mexico’s president-elect Claudia Sheinbaum will begin her six-year term in October as the U.S. presidential campaign enters its final stretch. How the next U.S. administration and Congress manage relations with new leadership in Mexico will affect border security, immigration policies, trade and energy relations, and counter-narcotics and anti-crime cooperation. What tools can policymakers in both countries use to advance positive outcomes? What are the opportunities and challenges that lie ahead for the United States and Mexico?
The Brookings Foreign Policy program in partnership with Brookings Mountain West at UNLV hosted a discussion on the state of U.S.-Mexico relations. Panelists analyzed …
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
...But Words Can Also Hurt You: How Hate Speech Contributed To Harmful Immigration Policy, Nicole Dillard, Esperanza Sanchez
...But Words Can Also Hurt You: How Hate Speech Contributed To Harmful Immigration Policy, Nicole Dillard, Esperanza Sanchez
University of the District of Columbia Law Review
No abstract provided.
The Limits Of Immigrant Resilience, Huyen Pham, Natalie C. Cook, Ernesto Amaral, Raymond Robertson, Suojin Wang
The Limits Of Immigrant Resilience, Huyen Pham, Natalie C. Cook, Ernesto Amaral, Raymond Robertson, Suojin Wang
Faculty Scholarship
Economists have identified important adaptations that immigrant workers have made to weather economic crises. During times of economic contraction, immigrant workers have moved across industries or geographical locations, downshifted to part-time work, and accepted lower wages to stay employed. Evidence from the Great Recession (2007–2009) shows the benefits of that economic resilience: immigrant workers were more likely than native-born workers to remain continuously employed, to have shorter periods of unemployment when they lost their jobs, and to regain jobs more quickly in the recovery period. Of course, these adaptations had significant personal costs for immigrant workers and their families, but …
Justice Theater In The Criminal Law Curriculum, Gregory Brazeal
Justice Theater In The Criminal Law Curriculum, Gregory Brazeal
Cardozo Law Review
For the last half-century, law students have been required to take a criminal law course that ostensibly trains them to think critically about the justifications for criminal punishment. The same students have then gone on to serve as central actors in a system of mass incarceration that millions of Americans today view as profoundly unjust.
How did this happen?
A number of legal scholars, notably including Alice Ristroph in her 2020 Article “The Curriculum of the Carceral State,” have argued that the traditional criminal law curriculum has played a role in creating and reproducing the practices of mass incarceration. This …