Immigration Law Commons^™

Newsroom: A New Voice For Access To Justice, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Deconstructing And Reconstructing Rights For Immigrant Children, Erin B. Corcoran

Law Faculty Scholarship

Children rights advocates and scholars alike continue to call for the development of innovative and alternative rights models, which specifically provide for an expansive conceptualization of children’s rights. Central to their calls for reform is a simultaneous recognition that children’s rights must embody agency – a child’s voice (a proxy for autonomy) – free from governmental interference, as well as the establishment of certain fundamental “needs” that place an affirmative obligation on the State to ensure the child has, and affirmatively provide, when necessary. Reimagining children’s rights also requires reforming our laws in such a way that reflects children as …

Getting To Group Under U.S. Asylum Law, Jillian Blake

Notre Dame Law Review Reflection

In February 2014, the Board of Immigration Appeals (BIA or the Board) issued two new precedential decisions, Matter of M-E-V-G- and Matter of W-G-R-, clarifying the legal requirements for PSG asylum. This Essay argues that the BIA’s decisions further confuse this already complex area of law and the standards established in the decisions exclude particular social groups already recognized under U.S. law. The complications and contradictions in these and other BIA decisions carry the risk of excluding valid claims to PSG protection and rely upon criteria that cannot be applied consistently. Because the new BIA PSG standards are unworkable, …

Nexus Redux, Anjum Gupta

Indiana Law Journal

Pursuant to its obligations under international law, the U.S. government has agreed to provide protection to individuals who fear persecution in their home countries for reasons of race, religion, nationality, membership in a particular social group, or political opinion. This protection in the United States takes the form of asylum, and the asylum statute states that the United States will protect individuals from persecution that occurred or will occur “on account of” one of those grounds. The Supreme Court has stated that in order to meet the “on account of” or “nexus” requirement, an asylum applicant must provide some evidence, …

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.

The Tipping Point: The Failure Of Form Over Substance In Addressing The Needs Of Unaccompanied Immigrant Children, Lauren R. Aronson

Journal Articles

No abstract provided.

Undocumented No More: The Power Of State Citizenship, Peter L. Markowitz

Articles

An estimated eleven million undocumented immigrants live in the United States. These individuals have become integral members of American families and vital components of the American economy. Yet repeated efforts to meaningfully reform the nation's immigration laws--to more fully integrate these individuals into American society-have failed to garner sufficient political support in Congress. The prospects for significant congressional action on immigration reform remain bleak into the foreseeable future as our nation's debate on immigration has been warped by powerful, but largely inaccurate, themes of criminality, lax border enforcement, and national security threats. These themes have been crafted and cemented in …

The Struggle To Rise Above The Shadows Before Sunset: A Critical Discussion On The Need To Lift The Expiration And Renewal Requirements Of Daca And Dapa, Anna Oguntimein

University of the District of Columbia Law Review

Reasoning that judicial economy is best served when a law enforcement agency determines how to expend its limited enforcemen tresources, the Supreme Court has held that the decision to exercise prosecutorial discretion is presumptively unreviewable.1 In the realm of immigration law, Deferred Action for Childhood Arrivals (DACA) and the recently announced Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) promote the goal of judicial economy by imposing a freeze on the deportation of eligible noncitizens who either entered the United States as children or who have a child who is a U.S. citizen or lawful permanent resident …

26 States Sue Obama Over Immigration Plan, Lauren Carasik

Media Presence

No abstract provided.

Immigration Reform - Provisions In The Proposed Immigration Reform And Control Act Of 1985 Permitting The Use Of Temporary Foreign Workers In The United States - Importing Labor From Mexico, Andrew W. Baker

Georgia Journal of International & Comparative Law

No abstract provided.

What's At Stake?: Bluman V. Federal Election Commission And The Incompatibility Of The Stake-Based Immigration Plenary Power And Freedom Of Speech, Alyssa Markenson

Northwestern University Law Review

Section 441e of the U.S. Code prohibits “foreign nationals”—all noncitizens except lawful permanent residents—from making any contribution or expenditure in any federal, state, or local election. In Bluman v. Federal Election Commission, the Supreme Court summarily affirmed a three-judge district court’s decision to uphold the law based on the government’s compelling interest in preventing foreign influence over U.S. elections. Notably, Bluman’s holding was animated by its reasoning that the extent of First Amendment protection should be directly tied to the aliens’ stake in American society—a reflection of the Supreme Court’s jurisprudence since the middle of the twentieth century that seeks …

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.

Involuntary Return And The “Found In” Clause Of 8 U.S.C. § 1326(A): An Immigration Conundrum, Matthew J. Geyer

Fordham Law Review

    Illegal reentry into the United States by previously removed aliens is a major problem that has risen steadily in recent years. 8 U.S.C. § 1326(a) punishes such aliens. Specifically, § 1326(a) provides for criminal fines or imprisonment (or both) of any previously removed alien who enters, attempts to enter, or is “found in” the United States at any time after his or her initial removal.

    What does it mean to be “found in” the United States in violation of § 1326(a)? The easy case is when a previously removed alien surreptitiously reenters the United States illegally, remains in the United …

Embodying A "New" Color Line: Racism, Anti-Immigrant Sentiment And Racial Identities In The "Postracial" Era, Grant J. Silva

Philosophy Faculty Research and Publications

This essay explores the intersection of racism, racial embodiment theory and the recent hostility aimed at immigrants and foreigners in the United States, especially the targeting of people of Latin American descent and Latino/as. Anti-immigrant and anti-foreigner sentiment is racist. It is the embodiment of racial privilege for those who wield it and the materiality of racial difference for those it is used against. This manifestation of racial privilege and difference rests upon a redrawing of the color line that is meant towards preserving exclusive categories of political membership. The charge of racism, however, is elided by the fact that …

Current Issues And Pro Bono Opportunities In Immigration Law: Asylum, Due Process And Enforcement Concerns, Jason A. Cade, Azadeh Shahshahani, Dana Leigh Marks, Joseph H. Rosen

Working in the Public Interest Conferences

Immigration courts must handle a large number of cases, including asylum cases, with extremely limited resources. Adequate legal representation is not always available, giving rise to concerns about the integrity of the deportation process and the treatment of persons subject to U.S. immigration law. This panel discussed the nature of the due process problems, the practical consequences faced by people moving through the system, deportation and incarceration issues, and the services attorneys can provide to vulnerable individuals.

Welcoming Remarks, Peter B. Rutledge

Working in the Public Interest Conferences

No abstract provided.

Presidential Power And Enjoining The Obama Immigration Plan, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Removing The Distraction Of Delay, Jill E. Family

Catholic University Law Review

Immigration adjudication is in an awkward position. There is an intricate system to adjudicate immigration removal (deportation) cases, but that system is hindered by restrictions, and the constant threat of further restrictions, that reflect distaste for providing process to foreign nationals facing removal. There is a push and pull phenomenon, with immigration adjudication stretched uncomfortably in between two forces. On the one side, there is a push to apply common notions of due process to immigration removal cases, to push that the same concepts of procedural justice should apply in immigration cases as they would in any other context. On …

The Impact Of Third Preference Status (Professionals) On Immigrants As Created By The 1965 Amendment To The Immigration And Nationality Act - Retraction Of Expansion Of Degree Equivalency - Matter Of Portugues Do Atlantico Information Bureau, Inc., Debra A. Egger

Georgia Journal of International & Comparative Law

No abstract provided.

Immigration - Due Process - The Availability Of Constitutional Safeguards To Detained Cuban Aliens, Garcia-Mir V. Meese, 788 F.2d 1446 (11th Cir. 1986), Cert. Denied, 107 S. Ct. 289 (1986)., Elizabeth G. Marlowe

Georgia Journal of International & Comparative Law

No abstract provided.

Rethinking Removability, Jennifer Lee Koh

Florida Law Review

Removability, in the context of immigration law, refers to the government’s legal authority to seek deportation for violations of the federal immigration statute. Removability matters now more than ever before, both for individuals facing possible deportation as well as for the many governmental institutions charged with assessing removability. Using four areas of emerging law—claims to U.S. citizenship, the categorical approach to determining the immigration consequences of crime, the application of the exclusionary rule in removal proceedings, and the exercise of administrative discretion—this Article places removability at the center of its analysis and presents a framework for better understanding removability. Under …

Life After Limbo: Stateless Persons In The United States And The Role Of International Protection In Achieving A Legal Solution, David C. Baluarte

Scholarly Articles

Stateless persons are not recognized as citizens by any country, and as such, their enjoyment of fundamental human rights depends on the good faith of host countries, and their basic human security and dignity are often subject to the whims of immigration authorities. Despite this intense level of vulnerability, U.S. immigration law does not explicitly recognize statelessness, nor does it provide for humanitarian protection to relieve stateless persons of their suffering. Rather, stateless persons are treated like any other unauthorized migrants in the United States; when they are ordered removed, they are mandatorily detained while immigration officials undertake efforts to …

Constructing Crimmigration: Latino Subordination In A “Post-Racial” World, Yolanda Vazquez

Faculty Articles and Other Publications

Over the last forty years, the concern over the relationship between noncitizens and criminality has reached epic proportions. Laws, policies, procedures, and rules have been developed, the immigration and criminal justice system have been employed, and billions of dollars have been spent towards detecting, detaining, prosecuting, and removing those who are targeted as posing “the greatest threat to the nation.” As a result, a “new” phenomenon emerged, crimmigration, that not only redesigned the criminal and immigration systems, but also brought about a cultural transformation in the United State —restructuring social categories, diminishing economic and political power, and perpetuating the marginalization …

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 …

Executive Action On Immigration: Constitutional Or Direct Conflict?, Todd Curtin

Florida A & M University Law Review

On November 20, 2014, the White House released a press statement notifying viewers that President Obama would do everything within his executive powers to solve the problems surrounding the immigration system. The White House made it clear that the President would be acting with legal authority in taking these steps. This paper addresses whether or not the Obama Administration did, in fact, act with legal authority by initiating the following steps using his executive authority: “cracking down on illegal immigration at the border; deporting felons, not families; and accountability through criminal background checks and taxes.” President Obama, acting through Secretary …

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.

Immigration Actors: Federal Agencies And Courts, Enid Trucios-Haynes

Brandeis School of Law Faculty Scholarship

Understanding Immigration Law, Second Edition lays out the basics of U.S. immigration law in an accessible way to newcomers to the field. It offers background about the intellectual, historical, and constitutional foundations of U.S. immigration law. The book also identifies the factors that have historically fueled migration to the United States, including the economic "pull" of jobs and family in the United States and the "push" of economic hardship, political instability, and other facts of life in the sending country. In the middle chapters, the authors provide a capsule summary of the law concerning the admissions and removal procedures and …

Law-Abiding Illegal Aliens: Paying Taxes For The Chance Of Legal Immigration Statuts, Or Not, Giseli Lemay

St. Thomas Law Review

The tension between the IRS regulations requiring unauthorized immigrants to file taxes, and the United States Department of Homeland Security ("DHS") prohibiting these same individuals from lawfully working in the United States, is an ongoing controversy in this country. The DHS, by means of its Immigration and Nationality Act ("INA") regulations, penalizes unauthorized immigrants who falsely claim to be United States citizens for purposes of obtaining employment, irrespective of whether the aliens filed and paid their taxes. This Comment will focus on the inconsistencies between the IRS and the DHS, and suggest a proposal for amending the INA. Part I …

Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill

Criminal Law Practitioner

No abstract provided.