Immigration Law Commons^™

The Role Of Prosecutorial Discretion In The Constitutionality Of Daca, Olivia Dixon

SLU Law Journal Online

DACA has been a controversial immigration program for almost a decade, as it winds its way through the United States's court system. In this article, Olivia Dixon argues that federal judge Andrew Hanen's most recent holding, that DACA is unconstitutional, is wrong, specifically looking at the role prosecutorial discretion plays in the program's constitutionality.

Expanding Immigrant Justice By Training Professionals, Michele R. Pistone

Faculty Publications

As a law professor at Villanova University, I headed a clinic that helps hundreds of asylum seekers gain protection in the United States. On good days, I would remember the Talmudic saying, “whoever saves one life saves the world entire,” and take great pride in what my students and I were able to accomplish. On bad days, however, the fruits of our work could seem but a drop in the bucket, for every visit to immigration court demonstrated anew that our clients were the exception. Most immigrants face the immigration system without legal representation of any sort. This unfortunate and …

Taking The "Fam" Out Of Family: Adjudicating The State Department's Discriminatory Treatment Of Same-Sex Parents On The Merits, Camrin M. Rivera

Maine Law Review

Cisgender same-sex male married couples, unlike cisgender opposite-sex married couples, will always require artificial reproductive technology (ART) for at least one of the spouses to attain biological parenthood. Due to legal and financial barriers to ART, many of these couples turn to international ART services to grow their families. In doing so, these families may face immigration battles when they apply for recognition of their child’s United States citizenship. For example, a prior State Department policy sparked three lawsuits after the State Department refused to recognize children as United States citizens from birth because the children were not biologically related …

Latinxs Reshaping Law & Policy In The U.S. South, Luz E. Herrera, Pilar M. Hernández-Escontrías

Faculty Scholarship

This article addresses the key law and policy levers affecting Latinxs in what the U.S. Census Bureau designates as the South. Since the rise of the Latinx population from the 1980s onward, few legal scholars and researchers have participated in a sustained dialogue about how law and policy affects Latinxs living in the South. In response to this gap in legal research, this article provides an overview of the major law and policy challenges and opportunities for Latinxs in this U.S. region. Part II examines the geopolitical landscape of the South with special focus on the enduring legacy of Jim …

Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu

Faculty Publications

The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger forms of discrimination, including the harms of decitizenship. These harms include limited access to full citizenship rights due to legal barriers, restricted cultural and political power, and a lack of belonging. The Article concludes that these harms result from the structure of past and present immigration laws …

Fee Retrenchment In Immigration Habeas, Seth Katsuya Endo

Fordham Law Review

For noncitizens facing removal, habeas corpus provides one of very few avenues for Article III review. For decades, habeas proceedings have been interpreted as falling under the ambit of the Equal Access to Justice Act (EAJA), which provides for the award of attorneys’ fees to prevailing parties in suits against the federal government. But this understanding is being challenged, threatening the judicial backstop to executive and legislative overreach in immigration. Reducing the ability of lawyers to recover their fees in these circumstances will reduce the number and quality of habeas challenges by individuals being detained while they await removal—a particularly …

Immigration Federalism In The United States: Constructing A Contemporary Institutional Framework Centered On Local Communities Through A Case Study Approach, Sara Kuehlhorn Friedman

Dissertations and Theses

This research study presents a new model of immigration federalism which integrates existing theories into a framework that emphasizes agency at the local level. Unlike dominant models of federalism that observe the cascading effect of higher-level policy on lower levels of government, this research focuses on empirical evidence at the local level to understand its relation to policy at higher levels. Immigration federalism is receiving substantial interest in scholarly work and in practice, but it lacks a cohesive and comprehensive theory explaining variation at the community level. There is little reason to expect sweeping changes in immigration policy at the …

An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell

Center for the Human Rights of Children

The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …

Cruel And Unusual Punishment: The Eighth Amendment And Ice Detainees In The Covid-19 Crisis, Nechelle Nicholas

Pace Law Review

No abstract provided.

A Lineage Of Family Separation, Anita Sinha

Brooklyn Law Review

Family separation is a practice rooted in US history. In order to comprehensively examine the most recent execution of separating children from their parents under the Trump Administration’s “zero tolerance” policy, we need to follow and understand this history. That is what this Article does. Examining the separation histories of enslaved, Indigenous, and immigrant families, it offers critical context of a reoccurring practice that has had devastating effects largely on communities of color, and across generations. By contextualizing the separation of migrant families crossing the US-Mexico border under zero tolerance, this Article identifies narratives that consistently rely on xenophobia and …

Understanding The Nansen Passport: A System Of Manipulation, Kacey Bengel

Indiana Journal of Global Legal Studies

The aftermath of World War I, the "war to end all wars," left the world with as many new problems as it did resolutions. State powers tested and expanded the boundaries and interpretations of international law; in the end, there were the triumphant Allied Powers, the heavily wounded Central Powers, and millions of displaced individuals left adrift in the wake. Never before had the international community attempted to address the issue of refugees, and the product of the postwar efforts did not provide a complete solution. This paper will analyze the international community's] response to the massive refugee crisis and …

Rights Retrenchment In Immigration Law, Catherine Y. Kim

Faculty Scholarship

No abstract provided.

A Weaponized Process: The Deterioration Of Asylum Administration Under Trump, David C. Portillo Jr.

Journal of the National Association of Administrative Law Judiciary

Under the Trump Administration, a series of Attorney General decisions increased Executive Branch scrutiny over decisions of the Board of Immigration Appeals (BIA). This scrutiny serves to advance an anti-immigration policy at the cost of denying entry of valid asylum seekers. These decisions are due to tension between the politically directed executive power of Attorneys General and the Judicial nature of the BIA. This internal contradiction results in Attorney General decisions that are arbitrary, inconsistent, employ poor reasoning, deviate from precedent, and cause inhumane effects. The structure of asylum administration, as laid out in the Immigration and Naturalization Act and …

Law School News: The Dean Meets The Governor 01-26-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

P*Law 2022, Center For Public Service Law

2021–2022 Flyers

This document outlines the full schedule for P*LAW Week 2022 at Cardozo School of Law, presented by the Center for Public Service Law. Held virtually from January 24 to January 27, the week featured panels, workshops, and discussions on key issues in public interest law, including immigration policy, educational equity, criminal justice reform, reproductive rights, data privacy, military law, labor rights, and overdose prevention. Events brought together legal professionals, advocates, scholars, and Cardozo students to explore law’s role in advancing social justice and supporting vulnerable communities.

Rising Up Without Pushing Down: Lessons Learned From The Suffragettes' Anti-Immigrant Rhetoric, Kit Johnson

St. John's Law Review

(Excerpt)

American suffragist Elizabeth Cady Stanton famously wrote: “We hold these truths to be self-evident; that all men and women are created equal.” Yet when suffragettes spoke of “all” men and women, they were clear about exceptions. Immigrants did not qualify. Indeed, in her own address at the First Women’s Rights Convention, held in Seneca Falls, New York, in July 1848, Stanton said that “to have . . . ignorant foreigners . . . fully recognized, while we ourselves are thrust out from all the rights that belong to citizens, it is too grossly insulting to the dignity of woman …

Judical Line-Drawing And The Court's Failure To Protect Immigrants, Zoe Graham

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

A New Narrative Of Statelessness, David Baluarte

Scholarly Articles

Statelessness: A Modern History by Dr. Mira Siegelberg offers a meticulous reconstruction of the varied contributions of artists, scholars, and policy makers to the understanding of statelessness in the years between the First and Second World Wars. Siegelberg situates statelessness in some of the most prominent debates about international law and relations in modern history, most notably whether the individual is an appropriate subject of international law and whether a political order beyond the confines of the nation-state is desirable.

Inheriting Citizenship, Scott Titshaw

Articles

Most of us become citizens at birth based either on our birthplace or our parents' citizenship status. Over thirty countries recognize birthplace citizenship, but inherited citizenship is nearly universal. Such universal legal rules are rare, and they are particularly remarkable in the context of citizenship, where state sovereignty is near its apex. This Article explores why inherited citizenship is necessary, even in nations recognizing birthplace citizenship. It surveys the history, definitions, purposes, current rules, politics, and global trends in this area and identifies three modern categories of birthright citizenship laws: primary inherited citizenship systems, dual inherited and birthplace systems, and …

The Efficacy Of Us-Mexico Border Enforcement In Relation To Crime Prevention, Samuel Klopstock

Themis: Research Journal of Justice Studies and Forensic Science

The Trump Administration brought substantive changes to United States immigration policies, and labeled undocumented immigrants as predisposed towards criminal behavior. This paper presents a brief historical perspective of three major waves of Mexican immigration to the United States: The Early 1900s – Before World War I, Post-World War I – World War II, End of Bracero Accord – Present, and considers the relationship between immigrants and crime. The author explores contemporary immigration enforcement, both conservative and liberal attitudes towards immigrants, and their effects on policy. Consequences of border enforcement policies and the efficacy of border enforcement in preventing crime are …

Refugees Under Duress: International Law And The Serious Nonpolitical Crime Bar, David Baluarte

Scholarly Articles

Congress intended that the serious nonpolitical crime bar under United States asylum law have the same meaning and scope as the 1F(b) Refugee Convention exclusion clause. The Supreme Court has repeatedly held that it was the intent of Congress to not only replicate the language of the provisions of the Refugee Convention in United States law, but to incorporate the full extent of the meaning of such language and bring the United States into compliance with its treaty obligations. Accordingly, when Congress reproduced exactly the language of the Article 1F(b) exclusion clause in the INA, it intended for that provision …

Dismantling The Wall, Charles Shane Ellison, Anjum Gupta

Michigan Law Review Online

In this Essay, we will summarize the status quo of this crisis. We will highlight warning signs that began to appear even before the Trump Administration to understand how we reached this point. We will then propose solutions to chart a pathway forward, exploring strategies for implementing lasting reforms aimed at tearing down this administrative wall and replacing it with a more fair and welcoming system.

Reducing The Negative Effects Of Counterterrorism Frameworks And Other Restrictive Measures On Humanitarian Action And Enforcing The Obligations Of States In Relation To The Covid-19 Vaccine, Claudio Cerqueira Bastos Netto

American University International Law Review

Countering terrorism has been a priority agenda point for the international community, especially after the September 11th attacks. As the International Committee of the Red Cross (ICRC) points out, “States have had to confront a threat emanating from individuals and non-State armed groups [(NSAGs)] that resort to acts of terrorism. In response, States and international organizations have developed increasingly robust counterterrorism measures.”

A Truer Concept Of Service For Citizenship: Reimagining Military Naturalization, Ryan P. Coleman

Connecticut Law Review

The Immigration and Nationality Act provides noncitizen service members and honorably discharged immigrant veterans a path toward United States citizenship. The Act allows those who have honorably served in the military to apply for naturalization with a considerably reduced residency requirement. However, the current military naturalization process is riddled with complexity, excessive and arbitrary vetting practices, misinformation, and an ever-growing backlog of naturalization applications that have precipitated processing delays. These flaws result in veteran deportations, which precipitate family separations and the deprivation of healthcare for veterans. Furthermore, requiring separate enlistment and naturalization processes leads to squandered government resources in the …

Guide On Multisectional Responses For The Protection Of Migrants, Refugees, And Internally Displaced Persons During And After The Covid-19 Pandemic, Diego Rodriguez-Pinzon, Claudia Martin

Research Reports & White Papers

The Guide on Multisectoral Responses for the Protection of Migrants, Refugees, and Internally Displaced Persons during and after the COVID19 pandemic is an initiative of the Department of Social Inclusion of the Secretariat for Access to Rights and Equity of the Organization of American States (OAS) that offers a situational analysis and promotes a dialogue on proposals to address the particular needs of migrants, refugees, and internally displaced persons in the face of the emergency generated by COVID-19. It also seeks to define proposals with a post-pandemic perspective that provide multisectoral responses to address the needs of vulnerable populations.

This …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Foreword, Seattle University Law Review

Seattle University Law Review

Foreward

Immigration Reforms As Health Policy, Medha D. Makhlouf, Patrick J. Glen

Faculty Scholarly Works

The 2020 election, uniting control of the political branches in the Democratic party, opened up a realistic possibility of immigration reform. Reform of the immigration system is long overdue, but in pursuing such reform, Congress should cast a broad net and recognize the health policies embedded in immigration laws. Some immigration laws undermine health policies designed to improve individual and population health. For example, immigration inadmissibility and deportability laws that chill noncitizens from enrolling in health-promoting public benefits contribute to health inequities in immigrant communities that spill over into the broader population—a fact highlighted by the still-raging COVID-19 pandemic. Restrictions …

The Sinking Immigration Court: Change Course, Sink The Ship, Stacy Caplow

Faculty Scholarship

No abstract provided.

Lawful Work While Undocumented: Business Entity Solutions, Kit Johnson

Faculty Articles

Immigration law and business-associations law rarely enter the same conversation. This Article argues, however, that business entity formation—such as the use of limited liability companies—has the potential to not only expand opportunities for undocumented migrants but also to significantly benefit the U.S. economy. As such, this Article seeks to make a round of introductions: introducing immigration scholars and lawyers to concepts of business entity formation that can radically change the lives of undocumented persons in the United States and introducing corporate scholars and lawyers to the ways in which their work can intersect with immigration law to effect social and …