Immigration Law Commons^™

Immigrant Dom. Partners Lose, Arthur S. Leonard

Other Publications

No abstract provided.

Tugba Basaran On The Rights Of Refugees Under International Law By James C. Hathaway. Cambridge: Cambridge University Press, 2005. 1239pp., Tugba Basaran

Human Rights & Human Welfare

A review of:

The Rights of Refugees Under International Law by James C. Hathaway. Cambridge: Cambridge University Press, 2005. 1239pp.

Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz

Articles

The article challenges the traditional classification of removal proceedings as civil, arguing that expulsion, particularly for permanent residents, functions similarly to criminal punishment and should therefore be treated as criminal. It proposes a bifurcated approach distinguishing exclusion and expulsion, advocating for criminal protections in expulsion proceedings to align with historical and constitutional principles.

Ask, Don’T Tell: Ethical Issues Surrounding Undocumented Workers’ Status In Employment Litigation, Christine N. Cimini

Articles

The presence of an estimated 11.5 million undocumented immigrants in the United States, of which an estimated 7.2 million are working, has become a flashpoint in the emerging national debate about immigration. Given these statistics, it is not surprising that many undocumented workers suffer injuries in the workplace that are typically legally cognizable. Even though undocumented workers are entitled to a number of legal remedies related to their employment, seeking legal relief often raises heightened concerns about the disclosure of their status. This article explores lawyers' increasingly complex ethical obligations with regard to a client's immigration status in the context …

When Deterrence And Death Mitigation Fall Short: Fantasy And Fetishes As Gap-Fillers In Border Regulation, Mary D. Fan

Articles

Drawing on fieldwork and political theory with Lacanian psychoanalytic influences, this article analyzes how fantasy and fetishes help sustain strategies shown to be no solution to U.S. border control problems. More than a decade after the official launch of the border control paradigm of "prevention through deterrence," predicated on the assumption that ramping up walls, barriers, policing, and the human costs of border crossing would deter, there has been scant evidence of deterrence and much evidence of diversion of migrants to more dangerous crossing points where death rates have soared. Attempts to mitigate the cost to life have also proved …

Save Me From Harm: The Consequences Of The Ordinary Remand Rule's Misapplication To Gao V. Gonzales, Brenna Finn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

How Ice Threatens The Ethical Responsibilities Of Key Players In Worksite Raids: Postville Study, Amalia Greenberg, Shanti Martin

Human Rights Brief

No abstract provided.

Reinventing American Immigration Policy For The 21st Century, Krissy A. Katzenstein

Vanderbilt Journal of Transnational Law

With an estimated eleven to twelve million undocumented workers currently in the United States, the need for immigration reform is critical. As lawmakers grapple with the question of how to best meet the needs of the country, they should keep in mind that the United States is a country of immigration. If the U.S. reverts to a guest worker program like that proposed by the Bush administration, it should expect the results that history suggests--worker exploitation, falling wages, deteriorating working conditions, and discrimination. However, proposals calling for immediate permanent legal status also fail to completely address the needs of the …

Under Arrest: Immigrants' Rights And The Rule Of Law, Shoba S. Wadhia

Faculty Scholarship

The discussion is broken down into four parts. First, I will review some basic historical points and terminology. Second, I will describe some of the government's immigration enforcement policies following the comprehensive immigration reform ("CIR") debate and the human consequences and concerns behind such policies. Third, I will describe the relevant legal authorities for arresting and detaining noncitizens. Finally, I will provide some recommendations for moving forward.

Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau

Faculty Scholarship

This article examines the mixed effect of arbitration upon the generation of international law norms; in particular, how arbitration can generate private law norms so effectively and yet still face strong resistance in public international law processes and controversies. The work of arbitration for international commercial litigation has been nothing less than spectacular. In both the private international and domestic civil contexts, arbitration has provided viable remedial solutions and functional adjudication when the law was either nonexistent or incapacitated. It has supplied a workable and adaptable trial system, which-on the international side-could also generate substantive legal norms. Arbitration thereby has …

The Constitutional Dimension Of Immigration Federalism, Clare Huntington

Faculty Scholarship

Although the federal government is traditionally understood to enjoy exclusive authority over immigration, states and localities are increasingly asserting a role in this field. This development has sparked vigorous debate on the propriety of such involvement, but the debate is predicated on a misunderstanding of the nature of federal exclusivity. Challenging the conventional wisdom that the Constitution precludes a meaningful role for state and local involvement in immigration.

This Article argues that the Constitution allows immigration authority to be shared among levels of government. After establishing the correctness of this view of immigration authority, this Article argues that the constitutionality …

The Lost Sanctuary: Examining Sex Trafficking Through The Lens Of United States V. Ah Sou, M. Margaret Mckeown, Emily Ryo

Faculty Scholarship

No abstract provided.

Second Class Delivery: The Elimination Of Birthright Citizenship As A Repeal Of "The Pursuit Of Happiness", Sara C. Barnhart

Georgia Law Review

In recent years, immigration has been at the forefront of political debate in the United States. In response to concerns over undocumented immigrants, some members of Congress have proposed the elimination of birthright citizenship. Eliminating birthright citizenship means that citizenship at birth would be based on the citizenship of one's parents rather than one's birth in U.S. territory. This Note demonstrates the historical nature of this U.S. immigration controversy by tracing similar movements throughout history. It documents the roots of the common law doctrine of birthright citizenship, followed by a discussion of the protection of citizenship status the Fourteenth Amendment's …

Crafting True Immigration Reform, Richard A. Boswell

Faculty Scholarship

No abstract provided.

Immigration Reform From The Outside In, Bill Piatt

Faculty Articles

Immigration reform is made up of two differing extreme positions, but by seeking common ground, a more fair and balanced approach may be adopted in the best interests of all.Rather than trying to analyze positions as conservative or liberal, it makes more sense to view the extremes as a “closed border” versus “open border” approach. The extreme positions will not work, so a more middle-ground position would require a thoughtful examination of a number of issues. Those issues are what are the costs and benefits of removing those already illegally here; what role should the federal, state, and local governments …

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 …

Notes On The Multiple Facets Of Immigration Federalism, Rick Su

Journal Articles

This symposium essay takes as its starting point the contestable position that some degree of immigration federalism is both constitutionally permissible and politically desirable. It suggests, however, that liberating the issue of immigration from the shadows of federal exclusivity does not necessarily tell us much about what a conceptual framework or legal jurisprudence of immigration federalism should or will actually be like. This is not solely a function of the difficulties inherent in incorporating principles of federalism into what is usually understood to be an exclusive federal field of immigration. Rather, it is also a consequence of the rifts and …

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, …

The Real Id Act And The Negative Impact On Latino Immigrants., Arianna Garcia

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Conference Program

Local Dimensions of Immigration: Challenges and Opportunities in Our Changing Communities (2007)

No abstract provided.

An Administrative "Death Sentence" For Asylum Seekers: Deprivation Of Due Process Under 8 U.S.C. § 1158(D)(6)'S Frivolousness Standard, E. Lea Johnston

Washington Law Review

In 1996, Congress amended the Immigration and Nationality Act by providing a new sanction for asylum seekers: if an immigration judge makes a finding that a noncitizen has knowingly filed a fraudulent asylum application, then that person is permanently ineligible for immigration benefits. For eleven years, immigration judges, the Board of Immigration Appeals, and federal courts have imposed and reviewed this sanction without specifying a burden of proof. When it did act to fill the statutory gap in April 2007, the Board held that the government must prove the elements of the statute by a preponderance of the evidence. This …

An Administrative "Death Sentence" For Asylum Seekers: Deprivation Of Due Process Under 8 U.S.C. § 1158(D)(6)'S Frivolousness Standard, E. Lea Johnston

UF Law Faculty Publications

In 1996, Congress amended the Immigration and Nationality Act by providing a new sanction for asylum seekers: if an immigration judge makes a finding that a noncitizen has knowingly filed a fraudulent asylum application, then that person is permanently ineligible for immigration benefits. For eleven years, immigration judges, the Board of Immigration Appeals, and federal courts have imposed and reviewed this sanction without specifying a burden of proof. When it did act to fill the statutory gap in April 2007, the Board held that the government must prove the elements of the statute by a preponderance of the evidence. This …

Special Project: Current Issues In Immigration, Anna Byrne

Vanderbilt Law Review

These words, so famously engraved upon a plaque inside the Statue of Liberty, have become an anachronism in modern American politics. In recent years our society has witnessed a maelstrom arise concerning immigration law and enforcement, with vocal factions spouting angry vitriol about the need to tighten borders and crack down on illegal immigration. Intense debate was sparked 2006 after the House of Representatives passed a restrictive bill that called for a wall to be built along 700 miles of the U.S.-Mexican border, criminalized the aiding or encouraging of illegal immigrants to remain in the country, and imposed new penalties …

Expedited Injustice: The Problems Regarding The Current Law Of Expedited Removal Of Aggravated Felons, Andrew D. Kennedy

Vanderbilt Law Review

Following the attacks of September 11, 2001, he and his family, like many Americans of the Islamic faith, felt persecuted by their neighbors, despite having had nothing to do with the terrorist attacks on the World Trade Center and the Pentagon.' Mr. Rashid felt intimidated by people following him and calling his home to accuse him of complicity in the September 11 attacks. After weeks of harassment, Mr. Rashid's family contacted the police. Unfortunately for Mr. Rashid, however, he shared a name with a suspected terrorist. Thus, instead of addressing Rashid's concerns, the U.S. government began to suspect him as …

What Is Extreme Cruelty? Judicial Review Of Deportation Cancellation Decisions For Victims Of Domestic Abuse, Anna Byrne

Vanderbilt Law Review

In the 1990s, Congress began to devote increased attention to the problem of domestic violence, a rampant national problem with social and economic costs. At the same time, concerns about immigrants draining the social welfare service system and taking jobs away from U.S. citizens gave rise to an interest in more stringently monitoring and eradicating the illegal alien population in the United States. As part of the 1994 Violence Against Women Act ("VAWA"), Congress passed the battered spouse provision, attempting to reconcile its desires to address domestic violence and tighten immigration laws. Illegal immigrants are subject to removal procedures. However, …

Barring Too Much: An Argument In Favor Of Interpreting The Immigration And Nationality Act Section 101(A)(42) To Include A Duress Exception, Nicole Lerescu

Vanderbilt Law Review

The asylum system is in disarray. The United States is unable to guarantee that every asylum seeker will receive a fair and impartial hearing. Although media attention recently has focused on the asylum system's procedural flaws, unjust statutory interpretations also work against those seeking refuge in the United States. This Note focuses on one particular example within this commonly criticized area of the law: the prevailing interpretation of section 101(a)(42) of the Immigration and Nationality Act to bar those who have persecuted others under duress from attaining refugee status.

It is intuitively appealing that a system of laws should hold …

Immigrants And Their International Money Flows, Susan Pozo Editor

Upjohn Press

This book consists of a series of studies on the topic of international migration with an emphasis on workers' remittances. Chapters cover the impact of remittances on economic development and the interplay of immigration policies with human capital acquisition and labor markets in out-migration areas.

Is International Trade A Substitute For Migration?, Robert J. Carbaugh

All Faculty Scholarship for the College of Business

If a goal of immigration reform is to lessen the flow of unauthorized immigrants into the U.S., could international trade be used to deter immigration rather than adopting legal barriers? The purpose of this paper is to shed some light on this question by considering the theoretical foundations and empirical research regarding the connection between trade and migration.

Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller

William & Mary Journal of Race, Gender, and Social Justice

This note addresses the significance of Gao v. Gonzales through the analysis of the development of asylum gender laws in the United States. The analysis includes a brief history of asylum law in the United States and the issues the courts have addressed concerning gender and asylum law. The note concludes with an analysis of the Gao decision and the potential consequences of the decision.

Persecution Based On Persecution: How Gao V. Gonzales Broadens The Interpretation Of Asylum, David Baxter

North Carolina Central Law Review

No abstract provided.