Immigration Law Commons^™

The Immigration Subpoena Power, Lindsay Nash

Articles

For over a century, the federal government has wielded the immigration subpoena power in darkness, forcing private individuals, subfederal governments, and others to help it detain and deport. This vast administrative power has remained opaque even to those who receive these subpoenas and invisible to those it affects most. Indeed, the very people targeted by these subpoenas often don’t know they exist, much less how they facilitate arrest and deportation. For these reasons—and more—this power has escaped the legal battles raging over other immigration enforcement tactics and the scrutiny of journalists, scholars, and courts. Thus, as state- and locality-held information …

But For Borders: The Protection Gap For Internally Displaced Persons, Anita Sinha

Scholarly Articles in Law Reviews & Journals

Internal displacement, the phenomenon of people who are dislocated from their homes but remain within the border of their countries of origin, was once a forced migratory occurrence interchangeable with cross-border migration. This changed after the Second World War with the promulgation of the 1951 Convention Relating to the Status of Refugees, which was premised on an insistence on drawing a legal line in the sand based on which side of a border displacement transpires upon. Internally displaced persons (IDPs)-both in recent history and in the projected future-far outnumber people displaced across borders. Both rhetorical maneuverings and traditional international legal …

Beyond The Threshold Of Protection: Examining Non-Refoulement's Erosion In Contemporary Refugee Law Through The Eu-Turkey Agreement, Aya Osman

Dissertations and Theses

This thesis examines the contemporary relevance and practical implementation of the principle of non-refoulement as established in the 1951 Refugee Convention. While this fundamental principle of international refugee law prohibits the return of individuals to countries where they face persecution, torture, or human rights violations, its widespread violation by state parties raises critical questions about its continued effectiveness and the broader validity of the Convention's framework in today's global context. Through a methodological approach combining legal analysis and case studies of state practices, this paper investigates whether the 1951 framework remains valid and in effect when addressing refugee and immigration …

In Through The Side Door: Anti-Asian Nativism, U.S. Immigration, And Foreign Policy—A Legal History And Case Study, Deenesh Sohoni, Vivian E. Hamilton, Chinua Thelwell

Faculty Publications

The 19th- and early 20th-centuries were marked by pervasive anti-Asian sentiment, and antipathy towards people of color more generally. Giving legal effect to the anti-Asian nativism prevalent at the time, U.S. policies prohibited most Asian immigration and naturalization. In particular, immigration laws sought to exclude Asian laborers and working-class immigrants from entry. During the same period, however, the federal government determined that other Asian visitors—especially Chinese government officials, merchants, religious leaders, and students—could be useful in advancing U.S. political and economic interests abroad. Thus, in marked contrast to its inhospitable treatment of their working-class counterparts, U.S. policy facilitated the entry …

Loyalty Disarmament And The Undocumented, Pratheepan Gulasekaram

Publications

Since the Supreme Court's District of Columbia v. Heller decision in 2008, lower federal courts have wrestled with Second Amendment claims raised by categories of people excluded from gun possession. Among those cases, several have been brought by noncitizens challenging their prosecutions under 18 U.S.C. § 922(g)(5), the federal criminal ban on possession by unlawfully present noncitizens. In the post-Heller § 922(g)(5) cases, judges have opined on whether unlawfully present noncitizens were among "the people" who had the right to bear arms and whether the government regulation met the appropriate level of constitutional scrutiny. More recently, however, the Supreme Court …

Dangerousness And The Undocumented, Pratheepan Gulasekaram

Publications

The Supreme Court's most recent Second Amendment opinion, United States v. Rahimi, centers the question of dangerousness in right to bear arms challenges. There, the Court upheld 18 U.S.C. § 922(g)(8), the federal criminal prohibition on possession of firearms by those subject to a civil domestic violence order, opining that legislatures could regulate the right to bear arms of those who were proven credible threats to public safety. Rahimi, however, left open the question whether dangerousness might be imputed to an entire group, absent individual determinations of threat or danger. The several lower federal court cases adjudicating 18 U.S.C. § …

Effects Of Perceived Procedural Justice On The Relationship Between Visa Application Outcome And Psychological Distress: Evidence From Ghanaians And Nigerians Applying For U.S. Student Visas, Harriet Swanzy-Baffoe

Masters Theses

Visa interviews are not just bureaucratic processes; they can have significant psychological effects on applicants. This study examined the impact of U.S. student visa outcomes on psychological distress among West African applicants, with particular attention to perceptions of procedural justice during the interview process. The study surveyed 203 Ghanaian and Nigerian individuals who had previously applied for a U.S. student visa. Psychological distress was measured using the Impact of Event Scale-Revised (IES-R), and perceptions of fairness were measured with a custom-developed Procedural Justice Scale. Independent samples t-tests showed that denied applicants reported significantly higher distress, although elevated symptoms were also …

U.S. Residents' Current Attitudes Towards Immigrants And Immigration: A Study From The Life In Hampton Roads Survey, Daniel K. Pryce

Sociology & Criminal Justice Faculty Publications

Immigration is a fiery topic in U.S. society, as it generally brings to a boil native-born citizens’ disparate attitudes toward immigrants and immigration. While immigration has its fierce supporters and opponents alike, the topic provides fodder for politicians who use it to stoke the fear of an impending “immigrant invasion” among citizens. This is why scholars must regularly undertake empirical studies to assess community members’ views about immigrants and immigration in U.S. society. To add to the contemporary immigration debate, I analyze data from a random sample of 610 respondents who reside in the seven cities that make up the …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones

Seattle University Law Review

For the shareholder franchise to have meaning, shareholders must have access to relevant information to inform their voting decisions. The securities laws’ disclosure requirements play an essential role in informing the shareholder vote.

This Essay focuses on the question of the materiality of information in the context of shareholder voting. It addresses the question of whether ESG-related information is material, positioning the materiality inquiry within the context of shareholders’ voting decisions. It explores the definition of materiality with a focus on the “reasonable investor” concept embedded within the definition. The Essay argues that the implicit expectations of many commentators that …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Understanding The Big Three’S Wavering Support Of Environmental And Social Shareholder Proposals, Jeff Schwartz, Jefferson Jensen

Seattle University Law Review

Because of their substantial equity portfolios, BlackRock, Vanguard, and State Street (the Big 3) are central players in corporate governance. It is, therefore, critical to understand how they vote. One puzzle is that their support for shareholder proposals on environmental and social matters appears to waiver. In 2020, for instance, BlackRock supported 11.1% of environmental proposals at S&P 500 firms. In 2021, it seemingly reversed course, supporting 55.2%. It then flipped again, supporting 32.1% in 2022. Such statistics suggest that the Big 3 are constantly changing their views on these topics. This Article seeks to better understand whether this is …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

The Economic Cost Of Exclusion: How Trump's Second-Term Immigration Policies Threaten California's Economy, Kit Johnson

Faculty Articles

The second Trump administration has pursued an array of immigration enforcement initiatives—from denaturalization and visa scrutiny to termination of humanitarian programs and aggressive workplace raids. Legal scholars have sharply debated these measures, but almost entirely through constitutional, statutory, and rights-based frames. This Article exposes a critical omission in immigration law scholarship: the economics of large-scale noncitizen removal. Drawing on major empirical studies of historic enforcement episodes—including Mexican repatriation between 1929-1934, Japanese internment during World War II, Arizona’s immigration restrictionism from 2007-2012, and federal immigration enforcement efforts of 2008-2015—this Article demonstrates that broad noncitizen removals may reduce the employment and wages …

Undocumented Eldercare, Llc, Kit Johnson

Faculty Articles

Americans are aging. Within five years, 20% of the U.S. population will be over the age of 65. In the next 25 years, the number ofcitizens over the age of 80 is expected to triple.

Many older Americans, particularly the oldest, need help with daily lifeeverything from dressing and showering to cooking and cleaning. Assistance, however, is hard to come by. At-home caregivers are expensive. Institutional settings, also expensive, are routinely understaffed.

Thousands of noncitizens provide eldercare in home and institutional settings. Many of these noncitizens have work authorization pursuant to Temporary Protected Status (TPS), an immigration program that President …

Towards The Abolition Of The Immigration Detention Of Children In The United States, Lauren E. Bartlett

All Faculty Scholarship

For over a decade, international human rights mechanisms have been calling for the prohibition of the detention of children based solely on immigration status. Human rights experts agree that the detention of children for immigration purposes is never in the best interests of the child, it leads to long-term harm, and it is a clear human rights violation. Until recently, the United States has detained hundreds of thousands of migrant children in cages each year and we have still not outlawed the inhumane practice. This article argues that engaging with international human rights mechanisms on this topic, including during the …

We Can't Apply From The Grave: Why The Asylum Standard Of Proof Fails Those Who Need It Most, Hilana Said

American University Journal of Gender, Social Policy & the Law

A woman in Florida sits in front of her TV, unsure if the sound of static is coming from shock or the screen. Her eyes reflect the fires that blaze from within her church in Alexandria, Egypt. Numbly, the pads of her fingers attempt to call family members, praying that, for once, they skipped service. She lets go of a breath she did not know she was holding. The time between now and another attack exists on a clock that she cannot see. But she knows it is ticking.

Securitization Of African Migrants In Europe And North America, Chick Edmond

Political Science & Geography Faculty Publications

The securitization of African migrants in Europe and North America refers to the framing of immigrants as an existential security threat rather than a socioeconomic or humanitarian concerns. This discourse driven by political rhetoric, media narratives, and policy measures, often depict African migrants as risks to national security, cultural identity, and economic stability. Governments in host countries employ stringent border controls, detention and deportation policies often justified by counterterrorism and crime prevention frameworks. However, critics argue that securitization exacerbates xenophobia, violates human rights, and fails to address root causes of migration, such as conflict, poverty, and climate change. This paper …

Rethinking Trust In The Refugee Resettlement Process: How Service Providers Can Enable Refugee Agency Through Diasporic Connections, Mahfoudha Sidelemine, Emily D. Campion

Political Science & Geography Faculty Publications

Current guidance for refugee resettlement agency workers encourages the simultaneous pursuit of trust-building and administrative tasks (e.g., housing, transportation and employment). This dual goal is resource-intensive, and focusing on the former may come at a cost to the latter. The purpose of the current research is to challenge the importance of trust-building by resettlement agencies. Drawing from our qualitative data from in-depth interviews with resettled refugees (N = 20) and agency workers (N = 15), we adopt a grounded theory approach and find that the burden of responsibility for both caregiving and administrative responsibilities can overtax agency workers …

Rights As Remedies: Using Latin American Legal Channels To Halt U.S. Border Externalization, Natalie Lerner

Lewis & Clark Law Review

The first Trump Administration saw intense border crackdowns and a ramping up of restrictions on asylum. While some of these policies shifted under President Biden, many were recreated under new names. The second Trump Administration has functionally closed the border and deported asylum seekers to third countries such as Costa Rica and Panama, leaning heavily on Latin American countries to accept expelled migrants. As U.S. courts fail to preserve asylum law domestically, international law, as integrated into the constitutions of Latin American countries, can provide a valuable litigation tool to block those countries from participating in the U.S. border externalization …

Shrines Of Discrimination: A Comparative Exploration Of American And Indian Approaches To Balancing Religious Freedom And Equal Rights, Sree Vedala

MC Law Review

Religious freedom and equality, foundational human rights, often clash in legal contexts, particularly when religious practices justify discriminatory actions. The U.S. judiciary has grappled with this tension, as exemplified in Masterpiece Cakeshop v. Colorado Civil Rights Commission and Yeshiva University v. YU Pride Alliance. These cases reflect opposing judicial tendencies: deference to religious beliefs versus prioritization of equality. However, neither case established a clear framework for balancing these rights. This article examines India’s "essentiality test," which assesses whether a religious practice is integral to a faith, as a potential model for resolving such conflicts. By comparing U.S. and Indian …

Interesting Intersections Of Immigration And First Amendment Law, David Hudson, Maximiliano Gluzman

FIU Law Review

This essay identifies four areas of immigration law in which pressing First Amendment claims play a prominent and dominant role. The first area involves denial of admission or deportation based on pure or symbolic speech. At various times, Congress has enacted grounds of inadmissibility and deportability that squarely fall within the purview of the First Amendment. The second area involves so-called retaliatory deportations, when the government initiates or accelerates removal proceedings against a noncitizen who is in violation of immigration laws allegedly for the non-citizen’s activism, protest activity, or other First Amendment speech or expressive conduct. The third area involves …

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

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 …

V. 61-4, 2024 Masthead

San Diego Law Review

No abstract provided.

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

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

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 …