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Articles 31 - 60 of 69
Full-Text Articles in Immigration Law
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill E. Family
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill E. Family
Journal of the National Association of Administrative Law Judiciary
Immigration adjudication is more diverse than it may seem. Scholars tend to focus on one aspect of administrative immigration adjudication, the decision-making process established to determine whether an individual may be removed (deported) from the United States. But there is a whole other function of administrative immigration adjudication that relatively is ignored in the legal literature. Immigration adjudicators are also tasked with determining whether to grant immigration benefits, such as whether to grant lawful permanent resident (green card) status. Both types of administrative immigration adjudication, removal and benefits, are in crisis. This article explores the challenges facing each and argues …
Chamber Of Commerce Of U.S. V. Whiting: The Possibility Of Anti-Discriminatory Immigration Reform In An Era Of Resurgent Federalism, Keelan Diana
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Undocumented Workers And Concepts Of Fault: Are Courts Engaged In Legitimate Decisionmaking, Christine N. Cimini
Undocumented Workers And Concepts Of Fault: Are Courts Engaged In Legitimate Decisionmaking, Christine N. Cimini
Articles
This Article examines judicial decisionmaking in labor and employment cases involving undocumented workers. Labor and employment laws, designed to protect all workers regardless of immigration status, often conflict with immigration laws designed to deter the employment of undocumented workers. In the absence of clarity as to how these differing policy priorities should interact, courts are left to resolve the conflict. While existing case law appears to lack coherence, this Article identifies a uniform judicial reliance upon “fault-based” factors. This Article offers a structure to understand this developing body of law and evaluates the legitimacy of the fault-based decisionmaking modalities utilized …
Still In 'The Jungle': Labor, Immigration, And The Search For A New Common Ground In The Wake Of Iowa's Meatpacking Raids, Khari Taustin
Still In 'The Jungle': Labor, Immigration, And The Search For A New Common Ground In The Wake Of Iowa's Meatpacking Raids, Khari Taustin
University of Miami Business Law Review
No abstract provided.
"Streamlining" The Rule Of Law: How The Department Of Justice Is Undermining Judicial Review Of Agency Action, Shruti Rana
"Streamlining" The Rule Of Law: How The Department Of Justice Is Undermining Judicial Review Of Agency Action, Shruti Rana
Faculty Scholarship
Judicial review of administrative decision making is an essential institutional check on agency power. Recently, however, the Department of Justice dramatically revised its regulations in an attempt to insulate its decision making from public and federal court scrutiny. These “streamlining” rules, carried out in the name of national security and immigration reform, have led to a breakdown in the rule of law in our judicial system. While much attention has been focused on the Department of Justice’s recent attempts to shield executive power from the reach of Congress, its efforts to undermine judicial review have so far escaped such scrutiny. …
Recognizing The Problem Of Solidarity: Immigration In The Post-Welfare State, David Abraham
Recognizing The Problem Of Solidarity: Immigration In The Post-Welfare State, David Abraham
Articles
No abstract provided.
Sanctuary Policies & Immigration Federalism: A Dialectic Analysis, Pratheepan Gulasekaram, Rose Villazor
Sanctuary Policies & Immigration Federalism: A Dialectic Analysis, Pratheepan Gulasekaram, Rose Villazor
Faculty Publications
This Article explores the doctrinal and theoretical challenges confronting San Francisco's non-cooperation ordinance, and similar subfederal actions. It does so using a non-conventional but useful method of engaging in a dialectic exchange. In using the dialectic structure, we take our cue from Professor Stephen Legomsky's elegant use of the device in his recent article on the meaning of undocumented status. As he noted, the format has been "under-utilized" in legal scholarly literature. More scholars should use this method, he contended, because it helps to reveal the diametrically opposed positions of various groups concerning aparticular issue. Importantly, a dialectic conversation facilitates …
The Rocky Path From Section 601 Of The Iirira To Issue- Specific Asylum Legislation Protecting The Parents Of Fgm-Vulnerable Children, Andy Rottman
University of Colorado Law Review
Political asylum in the United States is intended to protect those who fear persecution if they are returned to their country of origin. Arguably, the United States asylum system works reasonably well when the asylum seeker fits neatly within the statutory asylum scheme. If, however, asylum seekers' claims fall outside the statute, the asylum system can work inhumane results. In these situations, Congress can use issue-specific legislation to protect a group facing a discrete humanitarian crisis. This was done in section 601 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), which explicitly provided asylum protection to …
Oh, I'M Sorry, Did That Identity Belong To You: How Ignorance, Ambiguity, And Identity Theft Create Opportunity For Immigration Reform In The United States, Matthew T. Hovey
Oh, I'M Sorry, Did That Identity Belong To You: How Ignorance, Ambiguity, And Identity Theft Create Opportunity For Immigration Reform In The United States, Matthew T. Hovey
Villanova Law Review (1956 - )
No abstract provided.
Victims Of A Growing Crisis: A Call For Reform Of The United States Immigration Law And Policy Pertaining To Refugees Of The Iraq War, Kevin Walsh
Villanova Law Review (1956 - )
No abstract provided.
Religious Freedom In The Face Of Harsh State And Local Immigration Laws, Michael A. Scaperlanda
Religious Freedom In The Face Of Harsh State And Local Immigration Laws, Michael A. Scaperlanda
Faculty Articles
No abstract provided.
Sharing The American Dream: Towards Formalizing The Status Of Long-Term Resident Undocumented Children In The United States, Ragini Shah
Suffolk University Law School Faculty Works
The legal status of the estimated 1.8 million undocumented young persons currently in the United States is a pressing issue that must be addressed by lawyers and policymakers in the near future. These young people arrived in the United States at a very young age yet do not have, and cannot obtain, lawful immigration status. This article examines their complex position and advocates statutory reforms that better account for their unique developmental and cultural attachments to the United States. This article surveys the history of U.S. immigration policies in relation to undocumented youth as well as current reform proposals to …
The Latino Lawful Permanent Resident Removal Cases: A Case Study Of Nicaragua And A Call For Fairness And Responsibility In The Administration Of U.S. Immigration Law, Maritza I. Reyes
Journal Publications
This Note aims to contribute to current dialogue by raising issues of fairness, responsibility, and human dignity that merit special consideration in any immigration reform proposal regarding the laws that apply to lawful permanent residents who have committed crimes. Part I analyzes the underlying motivation for the enactment of the immigration laws that were passed in 1996. Part II utilizes a case analysis of issues faced by deportees from Nicaragua to illustrate how the foreign policy of the United States affects the governments, economies, and migration trends of other countries. Parts III and IV borrow from the analysis in Part …
Egalitarianism And Exclusion: U.S. Guest Worker Programs And A Non-Subordination Approach To The Labor-Based Admission Of Nonprofessional Foreign National, Andrew Elmore
Faculty Scholarship
Comprehensive immigration reform has been a top legislative priority for the last several years, and recent bills have contemplated the expansion of guest worker programs to adjust the status of undocumented immigrants and to control the future migrant flow. While there is a broad consensus that the current immigration system is broken, there is sharp disagreement about whether it is wise public policy to expand labor-based admissions in order to provide nonprofessional foreign nationals with an authorized means to migrate. This Article contributes to this debate by examining current guest worker programs, and recommends their reform through a “non-subordination” approach …
Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo
Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo
Law Faculty Publications
No abstract provided.
The Pursuit Of Justice Is Without Borders: Binational Strategies For Defending Migrants’ Rights, Victoria Gavito
The Pursuit Of Justice Is Without Borders: Binational Strategies For Defending Migrants’ Rights, Victoria Gavito
Human Rights Brief
No abstract provided.
Open Or Closed: Balancing Border Policy With Human Rights, Elizabeth M. Bruch
Open Or Closed: Balancing Border Policy With Human Rights, Elizabeth M. Bruch
Kentucky Law Journal
No abstract provided.
You Can’T Get There From Here: Managing Judicial Review Of Immigration Cases, Lenni B. Benson
You Can’T Get There From Here: Managing Judicial Review Of Immigration Cases, Lenni B. Benson
Articles & Chapters
No abstract provided.
Mistakes In The Making: The Failure Of U.S. Immigration Reform To Protect The Labor Rights Of Undocumented Workers, Lilah S. Rosenblum
Mistakes In The Making: The Failure Of U.S. Immigration Reform To Protect The Labor Rights Of Undocumented Workers, Lilah S. Rosenblum
Human Rights Brief
No abstract provided.
Making Paper Dolls: How Restrictions On Judicial Review And The Administrative Process Increase Immigration Cases In Federal Court, Lenni B. Benson
Making Paper Dolls: How Restrictions On Judicial Review And The Administrative Process Increase Immigration Cases In Federal Court, Lenni B. Benson
Articles & Chapters
Today, jurisdiction over immigration law is by no means well defined by clear limits. Limitations on jurisdiction have bred a multitude of litigation. The number of federal court cases reviewing removal orders has increased 970% in the past ten years. As of September 2005, the immigration cases represented 18% of the appellate civil docket.
Congress and the courts are not alone in augmenting the number of immigration cases in the federal courts. Congress has also urged the agencies enforcing the immigration laws to increase enforcement, to reduce backlogs and to make removal more swift and certain. At the same time …
Towards Balancing A New Immigration And Nationality Act: Enhanced Immigration Enforcement And Fair, Humane And Cost-Effective Treatment Of Aliens, Christopher Nugent
Towards Balancing A New Immigration And Nationality Act: Enhanced Immigration Enforcement And Fair, Humane And Cost-Effective Treatment Of Aliens, Christopher Nugent
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
A Check On The Real Realities Of Immigration: A Reflection, Maureen A. Sweeney
A Check On The Real Realities Of Immigration: A Reflection, Maureen A. Sweeney
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Immigration: Mind Over Matter, Shoba Sivaprasad Wadhia
Immigration: Mind Over Matter, Shoba Sivaprasad Wadhia
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Restoring The Rule Of Law: Reflections On Fixing The Immigration System And Exploring Failed Policy Choices, Katherine L. Vaughns
Restoring The Rule Of Law: Reflections On Fixing The Immigration System And Exploring Failed Policy Choices, Katherine L. Vaughns
University of Maryland Law Journal of Race, Religion, Gender and Class
This paper reflects on issues surrounding the current debate about immigration reform, and explores failed policy choices over the past twenty years. It sets the stage first by providing a historical perspective, and noting how the events of 9/11 have inexorably changed the rhetoric and tone of the political and policy debates over immigration. It speculates about legislative choices and governmental inaction that have impeded past reform efforts and/or contributed to the current situation, thus undermining the rule of law; and observes that the undocumented immigrant population working and residing in this country today, which some lawmakers have labeled lawbreakers, …
The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch
The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Broken Fences: Legal And Practical Realities Of Immigration Reform In The Post-9/11 Age, Jeanne A. Butterfield
Broken Fences: Legal And Practical Realities Of Immigration Reform In The Post-9/11 Age, Jeanne A. Butterfield
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Mobilizing Immigrants, Jayanth K. Krishnan
Mobilizing Immigrants, Jayanth K. Krishnan
Articles by Maurer Faculty
No abstract provided.
Thoughts On Proposed Immigration Reforms, John Scanlan
Thoughts On Proposed Immigration Reforms, John Scanlan
Articles by Maurer Faculty
No abstract provided.
H-2a Workers Should Not Be Excluded From The Migrant And Seasonal Agricultural Worker Protection Act, Christopher Ryon
H-2a Workers Should Not Be Excluded From The Migrant And Seasonal Agricultural Worker Protection Act, Christopher Ryon
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Immigration Reform: Seeking The Right Reasons., Lamar Smith, Edward R. Grant
Immigration Reform: Seeking The Right Reasons., Lamar Smith, Edward R. Grant
St. Mary's Law Journal
The legacy of immigration to the United States permeates the debate over current immigration policy. Because our self-definition as a nation is at stake in this debate, the issue of immigration arouses our deepest sentiments regarding the communities in which we live. We do not need to search far back in our history to find examples of imprudent law-making. Both the 1924 and 1925 immigration laws were motivated in large part by purposes which eventually undermined the principles on which they rested. These acts serve as prime examples of how employing erroneous reasons to enact even well-intentioned laws can be …