President/Executive Department Commons^™

The School To Deportation Pipeline, Laila L. Hlass

Georgia State University Law Review

The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has seeped into the system through the convergence of the criminal and immigration law regimes.

Immigration enforcement has seen a rise in mass immigrant detention and deportation, bolstered by provocative language casting immigrants as undeserving undesirables: criminals, gang members, and terrorists. Immigrant children, particularly black and Latino boys, are increasingly finding themselves in …

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …

Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared Goldstein

Law Faculty Scholarship

No abstract provided.

The Travel Ban And Presidential Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Travel Ban Update: Fourth Circuit Affirms Injunction As Supreme Court Awaits Argument, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Travel Ban Update: Supreme Court Grants Certiorari, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The "Irish Born" One American Citizenship Amendment, Kevin C. Walsh

Scholarly Articles

Our Constitution has a deferred maintenance problem because we have fallen out of the habit of tending to its upkeep ourselves. The silver lining is a double benefit from any constitutional maintenance projects that we undertake now. These projects are good not only for what they do to our Constitution, but also for making us exercise self-government muscles that have atrophied from civic sloth.

Fortunately, the time has never been better to repeal one of our Constitution’s most pointlessly exclusionary provisions. The President of the United States is married to a naturalized citizen. And nobody can legitimately question the patriotism …

Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Bold Executive Action And False Equivalence, Stephen H. Legomsky

Roger Williams University Law Review

No abstract provided.

The Perpetual "Invasion": Past As Prologue In Constitutional Immigration Law, Matthew J. Lindsay

Roger Williams University Law Review

No abstract provided.

Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen

Publications

The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision-making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It concludes …

Sanctuary Networks And Integrative Enforcement, Ming Hsu Chen

Publications

My intended focus is on the widespread response--in cities, churches, campuses, and corporations that together comprise "sanctuary networks"--to the Trump Administration's Executive Order 13768 Enhancing Public Safety in the Interior of the United States as an instance of the changing relationship between federal, local, and private organizations in the regulation of immigration. After briefly covering the legal background of the Trump Interior E.O., the focus of the Article shifts to the institutional dynamics arising in communities. These institutional dynamics exemplify the beginnings of a reimagined immigration enforcement policy with a more integrative flavor.

Immigration Enforcement And The Future Of Discretion, Shoba S. Wadhia

Roger Williams University Law Review

No abstract provided.

The "Irish Born" One American Citizenship Amendment, Kevin C. Walsh

Law Faculty Publications

Our Constitution has a deferred maintenance problem because we have fallen out of the habit of tending to its upkeep ourselves. The silver lining is a double benefit from any constitutional maintenance projects that we undertake now. These projects are good not only for what they do to our Constitution, but also for making us exercise self-government muscles that have atrophied from civic sloth.

Fortunately, the time has never been better to repeal one of our Constitution’s most pointlessly exclusionary provisions. The President of the United States is married to a naturalized citizen. And nobody can legitimately question the patriotism …

Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Newsroom: Ap: Margulies On New Travel Ban 09-27-2017, Jill Colvin, Mark Sherman, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The New Travel Ban: Undermining The Immigration And Nationality Act, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Section 4: Immigration Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, Peter Margulies

Law Faculty Scholarship

No abstract provided.