Immigration Law Commons^™

On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams

Villanova Environmental Law Journal

No abstract provided.

An Ouroboros Of Sorts: Eleventh Circuit Remands To Bia As “Moral Turpitude” Continues Creating Division, Emma Blue

Mercer Law Review

The blue sky stretches endlessly across the open road, a red pickup coasting down the highway. The truck’s cabin is warm from the summer sun. A father holds the steering wheel in a loose grip, relaxed against the plastic bench seat. His daughter sits beside him, staring out the window at the sky ripping by—it’s them against the world, and for a breath, the peace is infinite. But then the deepest pothole snags the back wheel. The pickup veers off road in a chorus of metallic screeching. The father tries to correct, but the tire shudders against the dirt, careening …

Immigration Law, Bianca N. Dibella, Michael C. Duffey

Mercer Law Review

This Article surveys cases from the United States Court of Appeals for the Eleventh Circuit from January 1, 2022 through December 31, 2022, in which immigration law was a central focus of the case. The Article begins with a discussion of cases addressing procedural and jurisdictional issues and the interpretation of decisions by lower and state courts. Then, the Article describes the Eleventh Circuit’s recent jurisprudence around discretionary relief from removal, asylum, and habeas corpus law.

Adding Wage Theft As A Qualifying Crime In The U Visa Certification, Genesis Aguirre Guerra

University of the District of Columbia Law Review

Jose Lopez1 migrated to the United States without proper documentation. After he arrived, Mr. Lopez had several consecutive jobs as a line cook in various restaurants in Reno, Nevada. He started working at Casino restaurant. One day, Mr. Lopez noticed that his paychecks had not been reflecting the overtime hours he worked. Mr. Lopez approached his employer about his pay discrepancy. His employer told Mr. Lopez that he would pay for overtime the following week. The following week came, and the employer did not pay Mr. Lopez for his overtime hours. This continued for several weeks. Mr. Lopez confronted his …

Un País Invertido: The Current Immigration Regime Of Colombia, Magdalena Hendrickson

Honors Theses

Throughout its turbulent history, Colombia has seen drastic changes in structure and administration. From military coups to shaky coalitions, the country’s infamous instability has long forced its citizens to find better prospects elsewhere. However, with the rise of the Maduro administration in Venezuela, Colombia faced a massive new flow of migrants and was forced to rectify current circumstances without properly addressing its internal issues beforehand. Despite its historical status as a nation of emigrants, Colombia marks a new norm for the rest of the globe. As new issues like climate change and increased armed conflict grow worldwide, countries on the …

Clark Memorandum: Spring 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Fidei Defensor: Defending Faith to Enable Communities of Reconciliation
• Conscience, Peacebuilding, and Faith-Based Law Schools
• Elvis Was Right: The Unavoidable Intersection Between Personal Values and a Fulfilling Practice of Law
• The Future of the Establishment Clause: Implications of Kennedy v. Bremerton School District

The ‘Chilling’ Effects Of Misinformation: Why Immigrants Avoided Welfare Programs That Were Excluded From The Public Charge Rule, Adalyn Richards

CUREJ - College Undergraduate Research Electronic Journal

In 2019, the Trump administration dramatically expanded the Public Charge Rule to restrict the number of people eligible for visas and green cards. The revised rule made it more difficult for immigrants to enter or remain in the United States if they were dependent on public assistance. This paper investigates why eligible immigrants avoided welfare programs that were excluded from the Public Charge Rule following its announcement in 2018. Building on literature about political rumors and immigrant integration, this paper presents a quantitative and qualitative analysis of misinformation about the Public Charge Rule and the subsequent drop in immigrant welfare …

Attachment Issues: Assessing The Relationship Between Newcomers And The Constitution, Ashley Mantha-Hollands

William & Mary Bill of Rights Journal

Are you attached to the principles of the U.S. Constitution? How do you prove it—do you feel it, or just know it? What role does it play in your daily life as a citizen? Ever since one of the first acts of the U.S. Congress, the Naturalization Act of 1795, applicants for citizenship have been required to demonstrate that they are “attached to the principles of the [C]onstitution of the United States.” This requirement has been at the forefront of fierce debates in U.S. constitutional history and, although it has had limited usage after WWII, it has recently been brought …

Freedom In The Balance: Procedural Due Process Rights And The Burden Of Proof In Detention Hearings In Immigration Removal Proceedings, Colin Brady

William & Mary Bill of Rights Journal

Part I of this Note considers the statutory and regulatory basis for immigration detention. Part II reviews prior cases decided by the Board of Immigration Appeals (BIA) that bear on the question. Part III discusses how the Supreme Court has addressed previous procedural due process concerns within the immigration system and how lower courts have reacted. Part IV lays out how the Supreme Court has conceptualized the constitutional due process rights extended to noncitizens and how that has changed over the years. Part V considers how other categories of individuals are treated with respect to involuntary detention and the burden …

Promotion Of Citizenship Through Migration: Taking Into Cognizance The Peculiarities Of Migrant, Uche Nnawulezi, Hilary Nwaechefu

Indonesia Law Review

This study arose out of the growing interest in citizenship issues that have remained an intractable problem in the global migration community. The main objective this study is to examine the realities of global migration which has necessitated expansion on citizenship policies of admission, acquisition of rights, responsibilities, and interest of migrants or residents contained in statutory provisions or frameworks of migrant's country of residence. This is against the backdrop driven by the desire to create stability in the international migration system. It becomes imperative to examined the benefits and protections accorded to migrant in his place of residence which …

Preventing Trafficking By Protecting Refugees, Rebecca L. Feldmann

Utah Law Review

An inherent tension underlies the duty to prevent trafficking. On the one hand, nation-states are required to take border control measures aimed at preventing trafficking. At the same time, such measures must respect international obligations toward asylum-seekers and other migrants relating to the free movement of people. In the past twenty years, countries such as the United States have developed increasingly sophisticated systems designed to regulate and restrict the movement of people across borders. However, the same period has seen an increasing disregard for the human rights of the very people who are crossing those borders. In order to fully …

Mass E-Carceration: Electronic Monitoring As A Bail Condition, Sara Zampierin

Faculty Scholarship

Over the past decade, the immigration and criminal legal systems have increasingly relied on electronic monitoring as a bail condition; hundreds of thousands of people live under this monitoring on any given day. Decisionmakers purport to impose these conditions to release more individuals from detention and to maintain control over individuals they perceive to pose some risk of flight or to public safety. But the data do not show that electronic monitoring successfully mitigates these risks or that it leads to fewer individuals in detention. Electronic monitoring also comes with severe restrictions on individual liberty and leads to harmful effects …

New Community Sponsorships For Humanitarian Immigrants: Guidance On Washington’S Practice Of Law And Immigration Services Fraud Prevention Rules, Megan J. Ballard, Zaida C. Rivera

Seattle University Law Review SUpra

Every state, including Washington, has enacted laws to protect the public from the harm caused when an unqualified person provides legal services. Each state defines the practice of law and generally limits that practice to members of the state bar association. In Washington, a complex collage of case law, statutes, and a Supreme Court rule attempt to define the practice of law, identify when the practice of law by a nonlawyer is unauthorized, and determine when public policy considerations allow such nonlawyer practice.

Protecting immigrants from unauthorized practice of immigration law is a particular concern. People who claim to be …

An Unreasonable Presumption: The National Security/Foreign Affairs Nexus In Immigration Law, Anthony J. Demattee, Matthew J. Lindsay, Hallie Ludsin

Brooklyn Law Review

For well over a century, immigration has occupied a constitutionally unique niche within US public law. Noncitizens in immigration proceedings are routinely denied constitutional guarantees, including due process and equal protection, that apply in virtually every other legal setting. Courts justify their extraordinary deference to the government by invoking a presumptive nexus between immigration, on the one hand, and national security and foreign affairs, on the other. Critically, courts cite the national security/foreign affairs nexus regardless of whether the specific regulation or enforcement action under review has any plausible bearing on those interests. This article is the first to demonstrate …

Promoting Healing And Avoiding Retraumatization: A Proposal To Improve Mental Health Care For Detained Unaccompanied Minors Through A Best Interests Of The Child Standard, Francesca J. Babetski

William & Mary Law Review

Part I of this Note will describe the circuit split. It will provide background on the A.M. [A.M. v. Luzerne County Juvenile Detention Center] and Doe 4 cases, including an explanation of the major precedents on which the Third and Fourth Circuits based their respective decisions. Then, Part II will argue that A.M. and its deliberate indifference standard cannot appropriately be applied in cases involving detained unaccompanied minors, also called Unaccompanied Alien Children (UACs). This almost twenty-year-old standard does not consider the latest information about immigration policy and the unique mental health needs of UACs such as Doe …

Grabbing The Bull By The Horns: Jurisprudential, Ethical, And Other Lessons For Lawyers And Law Students In The Immigration Labyrinth And Beyond, Mark L. Jones

Articles

No abstract provided.

Imperialist Immigration Reform, Cori Alonso-Yoder

Fordham Law Review

For decades, one of the most challenging domestic policy matters has been immigration reform. Dogged by controversial notions of what makes for a “desirable” immigrant and debates about enforcement and amnesty, elected officials have largely given up on achieving comprehensive, bipartisan immigration solutions. The lack of federal action has led to an outdated and impractical legal framework, with state and local lawmakers unable to step into the breach. Well over 100 years ago, the U.S. Supreme Court firmly stated that regulation of the U.S. immigration system is within the sole constitutional authority of the federal government.

Yet there is one …

Judicial Antifederalism, Anthony M. Ciolli

Fordham Law Review

The United States has a colonies problem. The more than 3.5 million Americans who live in the U.S. territories of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands lack some of the most fundamental rights and protections, such as the right to vote. This is due to a series of decisions decided more than a century ago, collectively known as the Insular Cases, in which the U.S. Supreme Court held that the “half-civilized,” “savage,” “ignorant and lawless” “alien races” that inhabited America’s overseas territories were not entitled to the same constitutional rights and …

Concepts Of Citizenship In The Controversy About Constitutional Citizenship For People Born In U.S. Territories, Janet M. Calvo

Fordham Law Review

In 2019, the District of Utah in Fitisemanu v. United States rejected the Insular Cases and held that persons born in American Samoa acquired Fourteenth Amendment constitutional citizenship at birth. The Tenth Circuit reversed through an analysis that attempted to “repurpose” the Insular Cases. This Essay discusses the differing concepts of citizenship presented in Fitisemanu, which raise significant questions about the nature and import of American constitutional citizenship. The Supreme Court’s recent denial of certiorari in Fitisemanu unfortunately leaves these questions unresolved, further continuing the second-class status of individuals born in the territories and underscores the uncertainty of …

Legal Order At The Border, Evan J. Criddle

Faculty Publications

For generations, the United States has grappled with high levels of illegal immigration across the U.S.-Mexico border. This Article offers a novel theoretical framework to explain why legal order remains elusive at the border. Drawing inspiration from Lon Fuller’s “interactional view of law,” I argue that immigration law cannot attract compliance unless it is general, public, prospective, clear, consistent, and stable; obedience with its rules is feasible; and the law’s enforcement is congruent with the rules as enacted. The flagrant violation of any one of these principles could frustrate the development of a functional legal order. Remarkably, U.S. immigration law …