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Articles 1 - 30 of 5644
Full-Text Articles in Immigration Law
How Did We Get Here?, Michael J. Klarman
How Did We Get Here?, Michael J. Klarman
Fordham Law Review
President Donald J. Trump’s second administration has transgressed basic rules and norms of democracy and the rule of law in myriad ways. Below, I have laid out my own top ten list of transgressions, though others could surely have made out a good case for their own “favorites.” It would not be difficult to come up with a longer list, yet the purpose of my Levine Lecture is less to describe where we are than to explain how we got here. Following an enumeration of Trump administration transgressions, my lecture turns to two questions. First, why have traditional checks on …
Fabricating The Crime Of Undocumented Presence, Eric S. Fish, Doug Keller
Fabricating The Crime Of Undocumented Presence, Eric S. Fish, Doug Keller
Fordham Law Review
In 2025, the Trump administration’s Office of Legal Counsel (OLC) declared that it is a federal crime simply to be an undocumented immigrant. Congress has enacted no such crime. Congress has made it a crime for an immigrant to enter the United States in a manner that “eludes examination or inspection.” For nearly 100 years, this “elude” offense has been understood to occur only at the moment an immigrant enters the country. But the Trump administration’s OLC has reinterpreted this crime as a continuing offense. Under this new reading, an immigrant who entered unlawfully eludes examination until the moment of …
The Alien Enemies Act Of 1798, Andrew Kent
The Alien Enemies Act Of 1798, Andrew Kent
Fordham Law Review
For the first time since World War II—and for the first time ever outside a formally declared war—an American president has invoked the Alien Enemies Act of 1798 to detain and deport noncitizens. Enacted during the Quasi-War with France, the Act’s operative language remains largely unchanged today. In March 2025, President Donald J. Trump proclaimed that members of the Venezuelan gang Tren de Aragua present in the United States are “alien enemies,” asserting that their activities, allegedly coordinated with President Nicolás Maduro’s government, constitute an “invasion” or “predatory incursion” within the meaning of the statute. Litigation challenging the invocation of …
Litigating Birthright Citizenship In The Shadow Of World War Ii: The Continuing Relevance Of A Forgotten Case, Rachel E. Rosenbloom
Litigating Birthright Citizenship In The Shadow Of World War Ii: The Continuing Relevance Of A Forgotten Case, Rachel E. Rosenbloom
Michigan Journal of Race and Law
With the question of birthright citizenship before the Supreme Court this term in Trump v. Barbara, this Article explores the last time that federal courts confronted an attempt to restrict birthright citizenship. It tells the story of two lawsuits, Regan v. King and Fisk v. Wade, filed in 1942 by organizations seeking to overturn United States v. Wong Kim Ark, the 1898 Supreme Court decision that affirmed the broad scope of birthright citizenship under the Fourteenth Amendment. While the cases left little mark doctrinally, their history sheds light on a dimension of birthright citizenship litigation that has …
¿Digno Retorno? De La Ciudadanía Cultural A La Ciudadanía Truncada En El Retorno A México, Nancy Plankey-Videla, Luz E. Herrera
¿Digno Retorno? De La Ciudadanía Cultural A La Ciudadanía Truncada En El Retorno A México, Nancy Plankey-Videla, Luz E. Herrera
Faculty Scholarship
The chapter revisits citizenship by drawing on the findings of the Mexican Reintegration Project that interviewed 333 Mexicans that the U.S. deported or who returned to Mexico, and 18 civil society organizations that were part of the study. Many Mexicans in the United States experience a form of belonging, or cultural citizenship, even while being monitored by immigration and law enforcement. Upon returning to Mexico —whether forcibly or “voluntarily” - they experience a truncated citizenship that also complicates their sense of belonging to their own country of origin. They often do not have all the documentation needed to prove their …
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell
Seattle University Law Review
Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young
Seattle University Law Review
Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Seattle University Law Review
Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King
Seattle University Law Review
The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …
Family Matters: Granting Legal Status To Non-Abusive Parents Under Sijs, Ava Hansen
Family Matters: Granting Legal Status To Non-Abusive Parents Under Sijs, Ava Hansen
Brooklyn Law Review
Immigration and family are central to American society, with family reunification long recognized as a core principle of United States immigration policy. Family-based preference visas reflect this priority. Special Immigrant Juvenile Status (SIJS) provides a pathway to lawful permanent resident status for immigrant children who have been abused, neglected, or abandoned by one or both parents. However, individuals who obtain legal status through SIJS are permanently barred from petitioning on behalf of their natural or prior adoptive parent. This restriction applies to children’s non-abusive custodial parents and leaves children who have obtained SIJS vulnerable to having that parent deported due …
Immigration Detainers, Local Law Enforcement, And Constraints On Bureaucratic Discretion: Recent Trends Under The Second Trump Administration, Richard T. Middleton, Sheridan Wigginton
Immigration Detainers, Local Law Enforcement, And Constraints On Bureaucratic Discretion: Recent Trends Under The Second Trump Administration, Richard T. Middleton, Sheridan Wigginton
Kentucky Law Journal
No abstract provided.
From Militarization To Military Enforcement: The U.S. Armed Forces And Immigration Control In The Second Trump Administration, Kit Johnson
Kentucky Law Journal
No abstract provided.
Immigration Bridges, Jaclyn Kelley-Widmer
The Duty To Develop Imperative In Immigration Proceedings, Sabrineh Ardalan, Tiffany J. Lieu
The Duty To Develop Imperative In Immigration Proceedings, Sabrineh Ardalan, Tiffany J. Lieu
Kentucky Law Journal
No abstract provided.
Deportation After Death By Incarceration: A Right To Redemption, Jennifer Lee Koh, Tin Nguyen
Deportation After Death By Incarceration: A Right To Redemption, Jennifer Lee Koh, Tin Nguyen
Kentucky Law Journal
No abstract provided.
Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong
Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong
Villanova Environmental Law Journal (1991 - )
No abstract provided.
How Migrants Fleeing The Mexican Drug War Changed American Labor Markets, Mark Borgschulte, Yuci Chen, Eduardo Medina-Cortina
How Migrants Fleeing The Mexican Drug War Changed American Labor Markets, Mark Borgschulte, Yuci Chen, Eduardo Medina-Cortina
Upjohn Institute Policy and Research Briefs
No abstract provided.
An Exploratory Analysis Of Neurocognitive Performance And Posttraumatic Stress Disorder (Ptsd) Among Latinx Asylum Seekers, Elsie A. Arias
An Exploratory Analysis Of Neurocognitive Performance And Posttraumatic Stress Disorder (Ptsd) Among Latinx Asylum Seekers, Elsie A. Arias
Doctoral Dissertations
Asylum seekers are exposed to violence and traumatic events in their home countries at high rates, leading to mental health challenges such as posttraumatic stress disorder (PTSD). PTSD symptoms and comorbidities such as depression and alcohol misuse are associated with impacts to multiple domains of cognitive functioning among populations such as Veterans. However, the neurocognitive performance of Latinx asylum seekers who experience PTSD symptoms are under-documented in the current literature despite its meaningful impact on clinical care engagement and navigation of the legal process. This study utilized an exploratory, quantitative, cross-sectional design to examine whether higher levels of self-reported PTSD, …
Deporting Disability, Tania N. Valdez
Deporting Disability, Tania N. Valdez
Utah Law Review
Since the enactment of the earliest migration laws in the United States, people with disabilities have been targeted for exclusion and expulsion based on stereotypes that they are either dangerous or not productive. Although some of the pejorative language regarding disability in the Immigration and Nationality Act (INA) has changed over time, certain statutory provisions and the very structure of the INA still allow ableism to operate broadly in immigration adjudications. This Article focuses on the subtle, but pervasive, ways that immigration law disfavors noncitizens with disabilities. In particular, this Article examines ableism in the context of removal (commonly known …
Demographic Trends And Far-Right Party Support In Europe: The Role Of The Cordon Sanitaire, Maxwell Curry
Demographic Trends And Far-Right Party Support In Europe: The Role Of The Cordon Sanitaire, Maxwell Curry
Department of Political Science: Dissertations, Theses, and Student Research
This study examines whether cordons sanitaires, institutional exclusionary arrangements common in Western and Central Europe on the part of mainstream political actors aimed to prevent far-right political parties perceived as posing a threat to liberal democratic order from entering into governing coalitions or otherwise participating in mainstream political life, condition the relationship between immigration-related demographic change and support for far-right political parties. Contemporary scholarship has extensively examined the relationship between immigration and support for far-right political parties, but comparatively little research has examined the institutional factors that potentially condition such a relationship. In an analysis of parliamentary election data …
Ice Arrests In The Mountain West, 2025, Cason Noll, Caitlin J. Saladino, William E. Brown Jr.
Ice Arrests In The Mountain West, 2025, Cason Noll, Caitlin J. Saladino, William E. Brown Jr.
Criminal Justice
This fact sheet presents data from the Prison Policy Initiative briefing on Immigration and Customs Enforcement (ICE) arrest data for the five Mountain West states of Arizona, Colorado, Nevada, New Mexico, and Utah from January to October of 2025. This fact sheet reports the number of ICE arrests by location and arrest rates per 100,000 residents in each Mountain West state.
The Rise Of Options Contracts In Sports, The Post-Murphy Regulatory Conundrum, And Implications On Federalism, Scott Barboza
The Rise Of Options Contracts In Sports, The Post-Murphy Regulatory Conundrum, And Implications On Federalism, Scott Barboza
UNH Sports Law Review
The Supreme Court’s decision in Murphy v. N.C.A.A. dismantled the federal prohibition on state-authorized sports betting and returned its primary regulatory authority over to the states. Following Murphy, states adopted widely varying sports-betting regimes. At the same time, advances in financial technology and the growing popularity of prediction markets created a new form of event-based speculation operating outside the traditional sportsbook model. Platforms such as Kalshi began offering “yes-no” contracts tied to sporting outcomes through federally regulated exchanges overseen by the Commodity Futures Trading Commission, framing such products not as wagers, but as financial derivatives governed by the Commodity Exchange …
Studying Noncitizens: Immigration, The University, And The First Amendment, Peter Margulies
Studying Noncitizens: Immigration, The University, And The First Amendment, Peter Margulies
Cleveland State Law Review
From its campaign against anti-war protesters in World War I to the present, the government has tried to restrict the pure political speech of noncitizens, defined as noncitizens’ expression of views about the structure and policies of the U.S. government and governments of foreign nations. Threats to academic freedom are also a hallmark of government action in this domain. Taking a page from this book, the Trump administration has targeted noncitizen students who participated in campus protests against Israel’s military actions in Gaza after Hamas’s brutal attacks on October 7, 2023.
The Trump administration’s effort has viewpoint discrimination at its …
Brief Amicus Curiae Of Administrative And Constitutional Law Professors In Support Of Petitioners, Robert Glicksman, Richard Pierce, Alan B. Morrison, Jeffrey Lubbers, Peter L. Strauss
Brief Amicus Curiae Of Administrative And Constitutional Law Professors In Support Of Petitioners, Robert Glicksman, Richard Pierce, Alan B. Morrison, Jeffrey Lubbers, Peter L. Strauss
Amicus Briefs & Court Filings
INTRODUCTION AND SUMMARY OF ARGUMENT: The ninety-six temporary agricultural workers employed by respondent were allowed to come to the United States solely because Congress established the program that governs their employment. As petitioners’ brief demonstrates, in order for respondent to be eligible to bring in foreign workers, it had to submit an application to the Department of Homeland Security. As part of that process, respondent had to establish that it would not employ non-citizen workers to displace domestic workers. Included in the required showing is an agreement by respondent to pay both domestic and foreign workers the same pay, so …
Les Testaments Consulaires, Gilbert Aoun
Les Testaments Consulaires, Gilbert Aoun
Proche-Orient, Études juridiques
No abstract provided.
"People" Not "Persons": Noncitizens And The Fourth Amendment, Juan Caballero
"People" Not "Persons": Noncitizens And The Fourth Amendment, Juan Caballero
Loyola of Los Angeles Law Review
American history is littered with threats and attempts at mass deportation. The Trump administration’s announced policy of mass deportations is the most recent manifestation of such a policy and one that perhaps poses an unprecedented threat to the rights and liberties of noncitizen communities. The administration’s aggressive rhetoric, militarized border policy, and embrace of new technology together portend a new era of surveillance and control over noncitizen communities. This threatens to supercharge previous and ongoing surveillance efforts within the immigration enforcement paradigm, such as the Department of Homeland Security's Alternatives to Detention (“ATD”) program. These programs place participants under a …
Probable Cause Deportation, Dorien Ediger-Seto
Probable Cause Deportation, Dorien Ediger-Seto
Loyola of Los Angeles Law Review
Immigrants increasingly face deportation and visa denials due to dismissed charges and unverified reports. Unlike the more commonly discussed conviction-based grounds of inadmissibility and removability, the reason-to-believe class of inadmissibility grounds require no conviction, or even admission of guilt, to trigger immigration consequences. They simply require that the Attorney General or
Department of Homeland Security have a “reason-to-believe” that certain types of criminal activity have occurred: a low evidentiary standard, often equated to probable cause. In these cases, just the allegation of certain crimes—supported by anything from an unverified Border Patrol report that drugs were found in a noncitizen’s car …
What If Refugees Mattered? The Challenge To International Law, Catherine Dauvergne
What If Refugees Mattered? The Challenge To International Law, Catherine Dauvergne
All Faculty Publications
The starting point of this work is that the figure of the refugee is under-theorized in international law, to the point of being almost entirely absent from dominant accounts of international law. This absence is all the more striking because international law is, if anything, over-theorized. Or, in Martti Koskenniemi’s (vastly more polite) words, “more than other fields, international law’s centre of gravity has been with theoretical abstraction and doctrinal construction.” So why is the figure of the refugee absent? And why does it matter? These are the key questions I am exploring in this work.