Open Access. Powered by Scholars. Published by Universities.®

Immigration Law Commons

Open Access. Powered by Scholars. Published by Universities.®

5,817 Full-Text Articles 4,249 Authors 2,389,321 Downloads 206 Institutions

All Articles in Immigration Law

Faceted Search

5,817 full-text articles. Page 1 of 180.

Long-Term Immigration And The Path To Citizenship, Ángela Sánchez-Gago 2023 Penn State Law

Long-Term Immigration And The Path To Citizenship, Ángela Sánchez-Gago

Immigration Law Blog

This article narrates the personal experience of the author with the American immigration system and provides an insight into the emotional scope of the naturalization process.


An Immigration Law For Abolitionists (And Reactionaries), Daniel I. Morales 2023 University of California, Irvine School of Law

An Immigration Law For Abolitionists (And Reactionaries), Daniel I. Morales

UC Irvine Law Review

Immigration law gets most things wrong and satisfies no one—not immigrants, not moderates, not restrictionists, and not abolitionists (the #AbolishICE crowd). It is bad law premised on skewed epistemic inputs—the fantasies of U.S. citizens—and enforced by a national agency with bloated resources tasked with solving a problem (illegal immigration) that causes no material harm. Migration law’s biggest failing is that it admits far fewer immigrants than our country has the capacity to take in, as the decades-long, peaceful, and productive presence of twelve million undocumented immigrants definitively proves. The bankruptcy of immigration law has been obvious for a few decades …


A Vicious Cycle: United States’ Failure To Protect Immigrant Women’S Reproductive Rights At The Irwin County Detention Center, Lizet Palomera Torres 2023 Golden Gate University School of Law

A Vicious Cycle: United States’ Failure To Protect Immigrant Women’S Reproductive Rights At The Irwin County Detention Center, Lizet Palomera Torres

Golden Gate University Law Review

The United States Immigration and Customs Enforcement agency (ICE) detained Jane Doe #15, an immigrant woman, at the Irwin County Detention Center (ICDC) in Georgia. During Jane’s time at ICDC, Doctor Mahendra Amin hastily examined her because she was experiencing severe pain in her pelvic area. Abandoning established professional and legal protocols for diagnosis and treatment, the medical staff scheduled Jane for surgery. Jane did not know what to expect from the surgery or what the medical personnel would do. After the surgery, the staff at ICDC neglected Jane’s care. She could not get out of bed on her own; …


Transgender Law Center V. Ice: Ninth Circuit Rules Ice Failed To Meet Foia Requirements After Death Of Detainee, Kayla Hughes 2023 Golden Gate University School of Law

Transgender Law Center V. Ice: Ninth Circuit Rules Ice Failed To Meet Foia Requirements After Death Of Detainee, Kayla Hughes

Golden Gate University Law Review

This case summary details the decision in Transgender L. Ctr. v. Immigr. & Customs Enf’t, 46 F.4th 771 (9th Cir. 2022), in which the U.S. Court of Appeals for the Ninth Circuit analyzed whether the U.S. Immigration and Customs Enforcement Agency (ICE) had properly responded to a request for information pursuant to the Freedom of Information Act (FOIA) (5 U.S.C. § 552). The Transgender Law Center (TLC) had filed a complaint of an asylum-seeker who had died in the custody of ICE. In furtherance of its claim, TLC had submitted two FOIA requests regarding the circumstances of the complainant’s death. …


Female Genital Mutilation And The Question Of Future Persecution When Seeking Asylum In The United States, Dinithi Sathya Bulathwela 2023 Penn State Law

Female Genital Mutilation And The Question Of Future Persecution When Seeking Asylum In The United States, Dinithi Sathya Bulathwela

Immigration Law Blog

No abstract provided.


What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori DeLaney 2023 University of Cincinnati College of Law

What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori Delaney

University of Cincinnati Law Review

No abstract provided.


Fire Side Chat With An Immigration Law Solo Practitioner, Cardozo For Immigrants' Rights and Equality (FIRE) 2023 Yeshiva University, Cardozo School of Law

Fire Side Chat With An Immigration Law Solo Practitioner, Cardozo For Immigrants' Rights And Equality (Fire)

Flyers 2023-2024

No abstract provided.


Table Of Contents, Seattle University Law Review 2023 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps 2023 University of New Hampshire

Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps

UNH Sports Law Review

No abstract provided.


Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool 2023 University of New Hampshire

Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool

UNH Sports Law Review

No abstract provided.


Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin 2023 UNH Franklin Pierce School of Law

Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin

UNH Sports Law Review

No abstract provided.


Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel McCabe, Michael McCann, Alan Milstein 2023 UNH Franklin Pierce School of Law

Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel Mccabe, Michael Mccann, Alan Milstein

UNH Sports Law Review

No abstract provided.


A Breakdown Of Where Nil Currently Stands, Justin Cavegn 2023 University of New Hampshire

A Breakdown Of Where Nil Currently Stands, Justin Cavegn

UNH Sports Law Review

No abstract provided.


Texas's "Operation Lone Star": The Supremacy Clause And Dual Federalism In Light Of Arizona V. United States, Reynaldo Ramirez, Jr 2023 Texas A&M University School of Law

Texas's "Operation Lone Star": The Supremacy Clause And Dual Federalism In Light Of Arizona V. United States, Reynaldo Ramirez, Jr

Texas A&M Law Review

The Supremacy Clause of Article Six of the United States Constitution was enacted to remedy the failures of the Articles of Confederation. Initially, the states enjoyed near-boundless state sovereignty in nearly all aspects of the first federalist government. However, in practice, the necessity of federal supremacy for conducting the business of governing obligated the states to prioritize national interests above the states’ sovereignty. To do so required revision of the Articles of Confederation. This drafting culminated in the contentious ratification of the Constitution in 1788, including the Supremacy Clause and the Tenth Amendment. That said, ratifying the Supremacy Clause and …


Unaccompanied Children And The Need For Legal Representation In Immigration Proceedings, Sejal Singh 2023 St. John's University School of Law

Unaccompanied Children And The Need For Legal Representation In Immigration Proceedings, Sejal Singh

St. John's Law Review

(Excerpt)

An unaccompanied child is defined as someone who enters the United States under the age of eighteen, without lawful status, and without an accompanying parent or legal guardian. Despite the term’s implication, many children do not enter the country alone but are either separated from their family members at the border or left by smugglers or other migrants near the border. The number of unaccompanied minors plunged in early 2020 due to border closures and restrictions amid the COVID-19 pandemic; however, a recent surge has led to a strain on government resources and a backlog of cases in immigration …


Education And Democracy From Brown To Plyler, Nicholas Espíritu 2023 St. John's University School of Law

Education And Democracy From Brown To Plyler, Nicholas Espíritu

St. John's Law Review

(Excerpt)

Judicial review has often been cast in terms of democratic legitimacy. Democratic legitimacy is often linked to whether it institutes the will of the people through majoritarian rule and whether it creates processes for reevaluation of these prior decisions by newly constituted majorities. Judicial review of majoritarian decisions has often been criticized as a overriding or circumventing of these democratic processes. Beginning with Brown v. Board of Education, the Warren Court adopted a resolution of the “counter-majoritarian difficulty” of judicial review by tacitly accepting Justice Stone’s formulation from footnote four of United States v. Carolene Products and engaging …


Border Enforcement As State-Created Danger, Jenny-Brooke Condon, Lori A. Nessel 2023 St. John's University School of Law

Border Enforcement As State-Created Danger, Jenny-Brooke Condon, Lori A. Nessel

St. John's Law Review

(Excerpt)

A woman seeks refuge at the U.S. border, but U.S. officials force her to wait for her asylum hearing in Mexico where a police officer later stalks and rapes her. A father and child suffer unbearable trauma after U.S. officials separate them under a policy aimed at deterring migration. A formerly healthy family loses a loved one to the coronavirus while forced to wait at an unsanitary, makeshift tent city in Mexico after fleeing for safety to the United States. For the people impacted by U.S. border policies, the southern border is a dangerous place—it is the site of …


Opening Remarks, Shoba Sivaprasad Wadhia 2023 St. John's University School of Law

Opening Remarks, Shoba Sivaprasad Wadhia

St. John's Law Review

(Excerpt)

Thank you. I am honored to be here. And there is no more fitting way to honor Michael than around the 40th anniversary of Plyler v. Doe.

This case centered on Texas statute § 21.031, which on its face, permitted the local school districts to exclude noncitizen children who entered the United States without immigration status or to charge admission for the same. The questions before the Court were: (1) whether a noncitizen under the statute who is present in the state without legal status is a “person” and therefore in the jurisdiction of the state within the meaning …


Introduction, Rosemary Salomone 2023 St. John's University School of Law

Introduction, Rosemary Salomone

St. John's Law Review

(Excerpt)

This issue of the St. John’s Law Review includes several Articles that were initially presented at the Law Review’s Fall 2022 virtual symposium. The symposium commemorated the 40th anniversary of the Supreme Court’s landmark decision in Plyler v. Doe as a starting point for discussing current immigration law in the United States. It was dedicated in memory of Professor Michael A. Olivas, who held the William B. Bates Distinguished Chair in Law (Emeritus) and was the Director of the Institute for Higher Education Law and Governance at the University of Houston Law Center. Professor Olivas, a passionate advocate of …


International Agreements Shaping Migration Solutions, Camilo Mantilla 2023 American University Washington College of Law

International Agreements Shaping Migration Solutions, Camilo Mantilla

Refugee Law & Migration Studies Brief

In an increasingly complex and interdependent state of international relations, international treaty negotiation, adoption, and implementation constitute an important component of global foreign policy and activity of states. International agreements embody sovereign and state-to-state relations and behavior in a global forum. International agreements manifest in ways that vary in form, subject, formalities, parties, scope, forum and many other elements.


Digital Commons powered by bepress