Immigration Law Commons^™

Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law, Nitzan Sternberg

Fordham Urban Law Journal

No abstract provided.

Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming H. Chen

Chicago-Kent Law Review

The conventional wisdom, backed by legitimacy research, is that majority of people obey most of the laws, most of the time. This turns out to not be the case in a study of state and local participation in immigration law enforcement. In the five years following initiation of the Secure Communities program, through which the federal government requests that local law enforcement agencies hold immigrants beyond their scheduled release upon suspicion that they are removable, a significant and growing number of states and localities have declined to cooperate with federal immigration detainer requests—ultimately leading to the demise of the Secure …

The Executive Power Of Process In Immigration Law, Jill E. Family

Chicago-Kent Law Review

This article, part of an AALS symposium on executive power during the Obama administration, focuses on the role of procedure in the president’s implementation of immigration law. The president undeniably has power over immigration law, but the exact contours of that power are not clear. At times, the president acts via delegation from Congress. The president also may have inherent power over immigration law that is not dependent on a delegation. Such inherent power would be subject to the president’s discretion. Even when acting pursuant to delegated immigration power, the president operates within a wide ring of discretion granted by …

A Study On Immigrant Activism, Secure Communities, And Rawlsian Civil Disobedience, Karen Pita Loor

Faculty Scholarship

This Article explores the immigrant acts of protest during the Obama presidency in opposition to the Secure Communities (SCOMM) immigration enforcement program through the lens of philosopher John Rawls’ theory of civil disobedience and posits that this immigrant resistance contributed to that administration’s dismantling the federal program by progressively moving localities, and eventually whole states, to cease cooperation with SCOMM. The controversial SCOMM program is one of the most powerful tools of immigration enforcement in the new millennium because it transforms any contact with state and local law enforcement into a potential immigration investigation. SCOMM has now been revived through …

Integrating Skills And Collaborating Across Law Schools : An Example From Immigration Law, Jennifer Lee Koh, Anna Welch

Nevada Law Journal

No abstract provided.

Extraterritorial Abductions: A Newly Developing International Standard, Martin Feinrider

Akron Law Review

It is these extra-legal extraterritorial apprehensions, and their status under international law, that will be the subject of this study. Here, the focus will be on the question of protection against acts of outright abduction. The conclusions reached in this study, however, would be applicable to any extra-legal extraterritorial abduction in which the apprehending State could be considered to be guilty of complicity. It is the problem of the extraterritorial violation of human rights that is to be addressed.

Marriage-Based Immigration For Same-Sex Couples After Doma: Lingering Problems Of Proof And Prejudice, Anna Carron

Northwestern University Law Review

In 2013, the Supreme Court changed the lives of thousands of same-sex couples in America by declaring the Defense of Marriage Act (DOMA) unconstitutional in United States v. Windsor. This decision allowed same-sex spouses to receive the same marriage-based immigration benefits under federal law that “traditional marriages” had long received. Although this holding is a victory for binational same-sex couples, bias still exists in the practices U.S. Customs and Immigration Services (USCIS) uses to evaluate the legitimacy of marriages. This bias manifests itself in the proof USCIS requires to show a relationship is bona fide, proof that often assumes …

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.

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.

An Administrative Stopgap For Migrants From The Northern Triangle, Collin D. Schueler

Law Faculty Scholarly Articles

From 2011–2014, the United States Department of Homeland Security recorded an extraordinary increase in the number of unaccompanied children arriving at the southern border from Central America’s “Northern Triangle”—the area made up of El Salvador, Guatemala, and Honduras. In fact, in fiscal year 2014, United States Customs and Border Protection apprehended over 50,000 unaccompanied children from the Northern Triangle. That is thirteen times more than just three years earlier.

This Article examines the intersecting humanitarian and legal crises facing these children and offers an administrative solution to the problem. The children are fleeing a genuine humanitarian crisis—a region overrun by …

The Life Of Crimmigration Law, César Cuauhtémoc García Hernández

Sturm College of Law: Faculty Scholarship

This short essay introduces a collection of articles that arose from the Denver University Law Review’s symposium Crimmigration: Crossing the Border Between Criminal Law and Immigration Law, held in February 2015 at the University ofDenver Sturm College of Law. The essay borrows heavily from the Epilogue to my book Crimmigration Law.

Give And Take? Procedure, Practicalities, And Policy In Naturalization Appellate Jurisdiction, Kelsey Frobisher

Oklahoma Law Review

No abstract provided.

Immigration Law’S Looming Fourth Amendment Problem, Michael Kagan

Scholarly Works

In 2014, a wave of federal court decisions found that local police violate the Fourth Amendment when they rely on requests from the Department of Homeland Security to detain people suspected of being deportable immigrants. The problem with these requests, known as “detainers,” was that they were not based on any neutral finding of probable cause. But this infirmity is not unique to DHS requests to local police. It is characteristic of the normal means by which Immigration and Customs Enforcement (ICE) arrests people and detains them at the outset of deportation proceedings. These decisions thus signal a glaring constitutional …

The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck

Georgia Journal of International & Comparative Law

No abstract provided.

The Changing Tide Of Immigration Law: Equality For All?, Laurie M. Cochran

Georgia Journal of International & Comparative Law

No abstract provided.

Lost At Sea, Daniela Caruso

Faculty Scholarship

A reflection on the existential loss experienced by many young persons in the aftermath of the Euro-zone crisis (often referred to as ‘the lost generation’) must also acknowledge, for the record and for reasons of relative salience, those who have recently drowned in the waters of southern Europe in their quest for a better future. This essay proposes to reconsider, for a moment, the relation between the obstacles that third country nationals (TNCs) encounter at our external frontiers and the increasing permeability of internal EU borders. Normally, one thinks of the two as structurally opposed: within its boundaries, the EU …

Race And Immigration, Then And Now: How The Shift To "Worthiness" Undermines The 1965 Immigration Law's Civil Rights Goals, Elizabeth Keyes

All Faculty Scholarship

This essay looks at how far immigration reform has come from the explicit civil rights character of the 1965 immigration law that reshaped America. The optimism surrounding that law’s dismantling of national-origins barriers to immigration proved to be overstated in the intervening decades, as the factors determining an immigrant’s “worth and qualifications” too often became proxies for race. After briefly looking at work done by critical race theorists tracing some of ways race and immigration have long intersected in immigration legal history, the article closely examines modern-day immigration reform proposals, particularly the Senate bill that remains the most complete articulation …

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 …

Sovereignty, Citizenship, And Public Health In The United States, Polly J. Price

Faculty Articles

Sovereign boundaries, state borders, and distinctions between citizens and non-citizens undermine public health in the United States in a number of ways. For historical reasons, we are prone to view immigration and public health as separate interests, but they are in fact convergent. Historically, federal authority over immigration alleviated costs otherwise borne by state and local governments. Today, however, states are primarily responsible for the prevention and control of communicable disease acquired outside U.S. borders. The federal and state governments confront a stark division of authority with respect to non-citizens: The federal government decides which non-citizens to admit into the …

A Framework For Judicial Review And Remand In Immigration Law, Collin D. Schueler

Law Faculty Scholarly Articles

This Article breaks new ground at the intersection of administrative law and immigration law. One of the more important questions in both fields is whether a reviewing court should resolve a legal issue in the first instance or remand that issue to the agency. This Article advances the novel claim that courts should use the modem framework for judicial review of agency statutory interpretations to inform their resolution of this remand question. Then, using this framework, the Article identifies when remand is and is not appropriate in immigration cases. This critical analysis, which urges a departure from conventional academic wisdom, …

Defining American: The Dream Act, Immigration Reform And Citizenship, Elizabeth Keyes

All Faculty Scholarship

The grassroots movement propelling the DREAM Act and immigration reform forward reveals how the definition of citizenship is undergoing a dramatic transformation, in ways both inspiring and troubling. The DREAM movement depends upon the compelling but exceptional stories of passionate, high-achieving, law-abiding youth who already define themselves as being American, and worthy of legal status. Situating this narrative in the rich literature of citizenship, the article shows how the DREAM movement effectively exposes the disjuncture between the DREAMers' identity as Americans and their lack of legal immigration status. The article celebrates how this narrative succeeds as a contrast to the …

Obama's Ruby Slippers: Enforcement Discretion In The Absence Of Immigration Reform, Lauren Gilbert

West Virginia Law Review

This Article explores how Deferred Action for Childhood Arrivals (DACA) emerged both from thwarted efforts at immigration reform and the Supreme Court's highly anticipated decision in Arizona v. UnitedStates.' I ar- gue that DACA not only was adopted in response to repeated failed efforts to pass the DREAM Act; it was also promulgated in anticipation of a possible fa- vorable ruling by the Court on S.B. 1070. In Part I, I examine the current sepa- ration of powers crisis in immigration policy. I look at both the context in which DACA was adopted and at challenges to DACA in Court …

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.

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.

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.

Enforcing Masculinities At The Borders, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

“American men have no history,” declared pioneering masculinities scholar, Michael Kimmel. Masculinities, the study of how men relate to each other and construct their identities, can be used as a powerful sociological and legal tool to understand institutions, power structures, and human relations. While the history of American immigration law has revealed rich multi-dimensional narratives of class, race, and domestic and international politics, sparse historical work has considered the masculinities dimensions of immigration law.

This Article considers how unpacking the masculinities dimensions of our paradigmatic shifts in immigration policy might offer an additional - even unifying - dimension to previously …

Collaborative Regulation: Cooperation Between State And Federal Governments Is Key To Successful Immigration Reform, Brett Merritt

Oklahoma Law Review

No abstract provided.

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

Faculty Scholarship

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 …