Immigration Law Commons^™

A Localist Reading Of Local Immigration Regulations, Rick Su

Journal Articles

The conventional account of immigration-related activity at the local level often assumes that the "local" is simply a new battleground in the national immigration debates. This article questions that presumption. Foregrounding the legal rules that define local governments and channels local action, this article argues that the local immigration "crisis" is much less a consequence of federal immigration policy than normally assumed. Rather, it can also be understood as a familiar byproduct of localism: the legal and cultural assumptions that shape how we structure and organize local communities, provide and allocate local services, and define the legal relationship of local, …

A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller

Journal Articles

This paper situates the current “crisis” surrounding the arrival and continued presence of undocumented immigrants in the United States within penological trends that have taken root in American law over the past thirty years. It positions the shift from more benevolent to the increasingly harsh legal treatment of undocumented immigrants as the continuation of a succession of legal reforms criminalizing immigrants, and governing immigration through crime. By charting the increasing salience of crime in public perceptions of undocumented immigrants, and comparing the immediately preceding criminal stigmatization of so-called “criminal aliens”, this paper exposes current severity toward undocumented immigrants as consistent …

Collateral Consequences Of Criminal Convictions To Noncitizens, Fernando A. Nuñez

Faculty Scholarship

The criminal defense attorney's intuitive pursuit of freedom for a client is almost always the best approach in the representation of individuals charged with a crime. When representing noncitizens, however, the prudent practice is to deemphasize immediate freedom and instead to focus on the collateral consequences the conviction will have on the noncitizen's immigration status.

Illegal Immigration In The Virginia General Assembly - From The Perspective Of An Advocate Of Passing Laws To Stop Illegal Immigration: Why Do It And What Can Be Done, David B. Albo

Richmond Public Interest Law Review

An editorial discussing the following, 1. Why legislators want to pass laws to discourage illegal alien: The problem with illegal immigration isn't the people it's the cost, 2. How legislators can pass laws to discourage illegal aliens from coming to Virginia, 3. 2008 legislation on immigration

Protecting Foreign Victims Of Domestic Violence: An Analysis Of Asylum Regulations, 12 N.Y.U. J. Legis. & Pub. Pol'y 115 (2008), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.

Improving Immigration Adjudications Through Competent Counsel, Andrew I. Schoenholtz, Hamutal Bernstein

Georgetown Law Faculty Publications and Other Works

The immigration adjudication system in the United States is in serious need of reform. While much attention has focused on one of the principal adjudicators, the Immigration Judges, recent research conducted by Philip Schrag, Jaya Ramji-Nogales, and Andrew Schoenholtz has shown that policymakers and adjudicators should be examining all levels of decision making. This includes not only decisions at the Immigration Court level but also at the Asylum Office, the Board of Immigration Appeals and the Circuit Courts. In Refugee Roulette: Disparities in Asylum Adjudication, the authors found a troubling degree of inconsistency at all levels that track individual …

Senate Bill 1639 And Other Federal Efforts At Reform: What Went Wrong? Keynote Presentation At Loyola Public Interest Law Reporter Symposium January 29, 2008, Jeanne A. Butterfield Esq.

Public Interest Law Reporter

No abstract provided.

What The Immigration Conundrum Portends: Ice In The Workplace, Margaret H. Mccormick J.D.

Public Interest Law Reporter

No abstract provided.

Rico: A New Way To Enforce Immigration Law, Howard Foster

Public Interest Law Reporter

No abstract provided.

Advocacy Should Be Personal: An Interview With Emma Lozano, Daniel Koen

Public Interest Law Reporter

No abstract provided.

The Disruption Of Marital E-Harmony: Distinguishing Mail-Order Brides From Online Dating In Evaluating "Good Faith Marriage", Brandon Robinson

Public Interest Law Reporter

No abstract provided.

Free Social Services: Where Do I Enroll? - The True Cost Welfare Recipients And Undocumented Immigrants Have On The U.S. Economy, Tammi D. Jackson

Public Interest Law Reporter

No abstract provided.

Texas Defies President Bush, International Law By Executing Mexican National , Clay Rehrig

Public Interest Law Reporter

No abstract provided.

Due Process Rights In Removal Proceedings: Ice Raids And The True Price Of Border Security, Jeremy Moorehouse

Public Interest Law Reporter

No abstract provided.

Immigration Raid Results In Charges Filed Against Iowa Slaughterhouse For Child Labor Violations, Ana Maria Echiburu

Public Interest Law Reporter

No abstract provided.

Reflections On James N. Castleberry, Jr., Dean (1978-1989), St. Mary's University School Of Law Tribute., Charles E. Cantu

St. Mary's Law Journal

Abstract Forthcoming.

My How You've Grown: The St. Mary's Law Journal Turns Forty Remark., Martin D. Beirne

St. Mary's Law Journal

Abstract Forthcoming.

Chapters In The History Of The Supreme Court Of Texas: Reconstruction And Redemption (1866-1882)., Hans W. Baade

St. Mary's Law Journal

Abstract Forthcoming.

It's About Time: The Need For A Uniform Approach To Using A Prior Conviction To Impact A Witness., Robert F. Holland

St. Mary's Law Journal

In Texas, no uniform approach exists in determining whether to admit evidence of a prior conviction as a technique to impeach a witness. This lack of uniformity leads to significant consequences for the parties and poses a potential prejudicial effect on the truthful character of a witness. Furthermore, there is currently no bright-line judicial standard when evaluating the admissibility of certain prior convictions. Although the Texas Court of Criminal Appeals in Theus v. State provided a non-exhaustive set of factors for trial judges to consider, the court has yet to clarify particular aspects of how to properly apply Texas Rule …

Two Thumbs Down: In The Absence Of Comprehensive Immigration Reform, Ill-Conceived Bills Flood The Virginia General Assembly, Leigh A. Sellers

Richmond Public Interest Law Review

On July 26, 2007, a federal court ruled it unconstitutional for city officials in Hazleton, Pennsylvania, to implement a local anti-immigrant ordinance that punished employers and landlords for doing business with undocumented immigrants. Despite this well-grounded landmark decision, local governments throughout the nation continue to develop patchwork solutions to a broken federal immigration system, endangering the health and well-being of communities and people alike. Virginia has positioned itself at the forefront of America's immigration debate. Leading up to the 2008 General Assembly session, localities throughout the state developed public statements on immigration, reaffirmed English as the official language, and considered …

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 …

Illegal Immigration In The Virginia General Assembly - From The Perspective Of An Advocate Of Passing Laws To Stop Illegal Immigration: Why Do It And What Can Be Done, David B. Albo

Richmond Journal of Law and the Public Interest

An editorial discussing the following, 1. Why legislators want to pass laws to discourage illegal alien: The problem with illegal immigration isn't the people it's the cost, 2. How legislators can pass laws to discourage illegal aliens from coming to Virginia, 3. 2008 legislation on immigration

Two Thumbs Down: In The Absence Of Comprehensive Immigration Reform, Ill-Conceived Bills Flood The Virginia General Assembly, Leigh A. Sellers

Richmond Journal of Law and the Public Interest

On July 26, 2007, a federal court ruled it unconstitutional for city officials in Hazleton, Pennsylvania, to implement a local anti-immigrant ordinance that punished employers and landlords for doing business with undocumented immigrants. Despite this well-grounded landmark decision, local governments throughout the nation continue to develop patchwork solutions to a broken federal immigration system, endangering the health and well-being of communities and people alike. Virginia has positioned itself at the forefront of America's immigration debate. Leading up to the 2008 General Assembly session, localities throughout the state developed public statements on immigration, reaffirmed English as the official language, and considered …

Immigration And Integration In Canada, Mary Liston, Joseph Carens

All Faculty Publications

Like Australia and the United States, Canada is usually considered a ‘traditional’ immigrant receiving country in contrast to many countries in Europe, Asia, and Africa where large-scale immigration is a relatively recent phenomenon. This chapter reviews past and current Canadian immigration policy. Section one provides a brief historical overview of Canadian immigration patterns. Section two outlines current immigration policy, including the changes introduced by Canada’s Immigration and Refugee Protection Act (2002). Section three discusses the relationship between immigration policy and the integration of immigrants in Canadian society. The chapter concludes with the proposition that, while Canada’s immigration policy converges with …

Off To Work We Go: Creating An Efficient Labor Force Through European Union Employment Regulation Of Third-Country Nationals, Lindsey Lovingood

South Carolina Journal of International Law and Business

No abstract provided.

Of Katz And "Aliens": Privacy Expectations And The Immigration Raids, Raquel Aldana

McGeorge School of Law Scholarly Articles

This Article examines privacy rights for noncitizens in the context of the recent immigration raids in peoples' homes and the workplace. The Immigration and Customs Enforcement Office is conducting these raids with general or defective warrants and executes them in a discriminating dragnet-style, mostly against Latinos. The Fourth Amendment, however, provides little protection to immigrants and their families. This Article explores how law's construction of immigrants' illegality interplays with Fourth Amendment doctrines of consent, reasonable expectation of privacy, pretextual stops, and administrative searches to deny immigrants privacy's protection. In addition, the Article explores the spread of immigration databases and the …

Stripping Judicial Review During Immigration Reform: The Certificate Of Reviewability, Jill E. Family

Nevada Law Journal

Congress contemplated a drastic change during the 2005-2006 immigration reform debate that sought to narrow access to the federal courts: a proposed certificate of reviewability requirement. The requirement would compel foreign nationals subject to an administrative removal order to obtain permission from a single federal court of appeals judge to access the federal courts. The U.S. House of Representatives endorsed the requirement, but the U.S. Senate dropped it from its slate of immigration reform priorities. Why did the requirement disappear from the Senate’s agenda during an era of increased congressional restrictions on judicial review of immigration cases?

A definitive answer …

Renorming Immigration Court, Stacy Caplow

Faculty Scholarship

No abstract provided.

Wedlock, Blood Relationship, And Citizenship, Logan Bobo

Cardozo Journal of Equal Rights & Social Justice

The note examines the conflicting interpretations of U.S. nationality law under the Immigration and Nationality Act (INA), particularly focusing on whether citizenship transmission requires a blood relationship or can be based on the legal status of the parents' marriage. It argues that the Ninth Circuit's interpretation, which does not require a blood relationship for children born in wedlock, better aligns with the INA's goals of promoting family unity and avoiding gender-based discrimination. The note critiques the State Department's interpretation, as outlined in the Foreign Affairs Manual (FAM), for lacking statutory and judicial support, and highlights the need for congressional or …

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 …