Between Protection And Punishment: The Irregular Arrival Regime In Canadian Refugee Law,
2015
Allard School of Law at the University of British Columbia
Between Protection And Punishment: The Irregular Arrival Regime In Canadian Refugee Law, Efrat Arbel
All Faculty Publications
This chapter questions the Canadian border’s reconstitution as a site of punishment for refugee claimants by examining the Designated Foreign National (DFN) regime, which permits the Canadian government to discipline foreign nationals for suspected violations of Canadian border laws by subjecting them to penalties that are formally classified as administrative, but amount to de facto punishment. These include mandatory arrest and detention, as well as compulsory reporting and ongoing document inspection. In this chapter, I examine the operation of the DFN regime in relation to other border measures, focusing specifically on the Canada-US Safe Third Country Agreement. I argue that …
Disparate Treatment Of Mexican Unaccompanied Alien Children: The United States' Violation Of The Trafficking Protocol, Supplementing The Un Convention Against Transnational Organized Crime,
2015
American University Washington College of Law
Disparate Treatment Of Mexican Unaccompanied Alien Children: The United States' Violation Of The Trafficking Protocol, Supplementing The Un Convention Against Transnational Organized Crime, Alejandra Aramayo
American University International Law Review
No abstract provided.
Immigration Policy And The Rhetoric Of Reform: “Deport Felons, Not Families,” Moncrieffe V. Holder, Children At The Border, And Idle Promises,
2015
Barry University
Immigration Policy And The Rhetoric Of Reform: “Deport Felons, Not Families,” Moncrieffe V. Holder, Children At The Border, And Idle Promises, Terri R. Day, Leticia M. Diaz
Faculty Scholarship
No abstract provided.
Immigration Actors: Federal Agencies And Courts,
2015
University of Louisville
Immigration Actors: Federal Agencies And Courts, Enid Trucios-Haynes
Brandeis School of Law Faculty Scholarship
Understanding Immigration Law, Second Edition lays out the basics of U.S. immigration law in an accessible way to newcomers to the field. It offers background about the intellectual, historical, and constitutional foundations of U.S. immigration law. The book also identifies the factors that have historically fueled migration to the United States, including the economic "pull" of jobs and family in the United States and the "push" of economic hardship, political instability, and other facts of life in the sending country. In the middle chapters, the authors provide a capsule summary of the law concerning the admissions and removal procedures and …
The Prodigal Illegal: Christian Love And Immigration Reform,
2015
Penn State Law
The Prodigal Illegal: Christian Love And Immigration Reform, Victor C. Romero
Faculty Scholarship
Despite the impasse around immigration reform, most everyone believes the United States’ immigration system is broken. And most agree that the key issue is what to do with the eleven million or so undocumented persons currently residing in the United States. As a Christian immigration law teacher, I have been interested in the debate among the churches as to what such reform should look like. In this Article, I use Professor Jeffrie Murphy’s conception of agapic love as a lens through which to examine reform proposals. I then evaluate the two positions Christian churches have seemed to embrace—permanent legal status …
The Mirage Of Immigration Reform,
2015
University of South Carolina School of Law
The Mirage Of Immigration Reform, Marcia A. Yablon-Zug
Faculty Publications
No abstract provided.
The Status Of Nonstatus,
2015
University of Idaho College of Law
The Status Of Nonstatus, Geoffrey Heeren
Articles
Millions of unauthorized immigrants in the United States have no legal immigration status and live in constant fear of deportation. There are millions more who do have some sort of status, like lawful permanent residency, asylum, or a nonimmigrant visa. In between is the netherworld of nonstatus. Here live noncitizens who possess government documentation but few rights. They have no pathway to lawful permanent residence or citizenship and cannot receive most public benefits. If nonstatus is denied or revoked by a prosecutor or bureaucrat, there is no right to a hearing or an appeal. If the Executive Branch discriminates in …
Intergrating Skills And Collaborating Across Law Schools: An Example From Immigration Law,
2015
University of Maine School of Law
Intergrating Skills And Collaborating Across Law Schools: An Example From Immigration Law, Anna R. Welch
Faculty Publications
This Essay discusses the design and implementation of introductory Immigration Law courses taught at two different law schools, Western State College of Law in Orange County, California and the University of Maine Law School in Portland, Maine. Although the courses took place on opposite coasts and did not engage in a formal partnership that was visible to students, the authors deliberately planned the courses in close collaboration with one another behind the scenes. In doing so, the courses shared the explicit goal of increasing students’ exposure to practical lawyering skills while reinforcing students’ understanding of the substantive immigration laws. This …
Zealous Advocacy: Pushing Against The Borders In Immigration Litigation,
2015
University of Baltimore School of Law
Zealous Advocacy: Pushing Against The Borders In Immigration Litigation, Elizabeth Keyes
All Faculty Scholarship
This article examines the forces that undermine zealous advocacy in the context of immigration court, and connects the context-specific issue of immigration defense to debates in the ethics literature about the possible justifications for zealous advocacy. As state bar rules and legal cultures and sub-cultures de-emphasize or remove the duty of zealousness, zealousness becomes increasingly counter-cultural. The article explores those trends, and shows (drawing on existing criminal defense ethical literature) why zealousness is justified in the adversarial and consequential immigration context. The article examines why a broadly understood and well-elaborated standard of zealous advocacy for immigration lawyers would be useful, …
Supply And Demand: Immigration Of The Highly-Skilled And Educated In The Post-9/11 Market, 48 J. Marshall L. Rev. 419 (2015),
2015
UIC School of Law
Supply And Demand: Immigration Of The Highly-Skilled And Educated In The Post-9/11 Market, 48 J. Marshall L. Rev. 419 (2015), Julia Funke
UIC Law Review
Post-9/11 immigration law and policy has had a significant impact on immigrants residing in the U.S. lawfully. Specifically, individuals applying for and immigrating using nonimmigrant employment and education visas have seen a markedly changed environment. Since this directly affects the U.S. economy, its impact cannot be underestimated. Therefore, the sections that follow will address the immigration of the highly skilled and educated in the post-9/11 market, specifically focusing on H-1B visas. Section II will begin with an explanation of the current U.S. immigration system, highlighting the restrictions on employment-based visas. Next, Section III will provide an overview of the H-1B …
A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border,
2015
University of the District of Columbia David A Clarke School of Law
A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell
Journal Articles
Beginning with the passage of its anti-immigrant “Show-Me-Your-Papers” law in April 2010, S.B. 1070, much has been written about the hostile political climate toward noncitizens in the State of Arizona specifically and the U.S.-Mexico border generally. However, the recent influx of refugees from Central America to the United States has seen a resurgence in the anti-immigrant rhetoric, which is particularly disturbing since a large percentage of the individuals fleeing violence and poverty are children. In this vein, one aspect of the genesis of S.B. 1070 and other anti-immigrant laws that have not received a great deal of attention is the …
Inhospitable Hosts: Fundamental Flaws In Recruitment Practices Of H-2a Guest Workers And Recommendations For Change,
2015
University of Kentucky
Inhospitable Hosts: Fundamental Flaws In Recruitment Practices Of H-2a Guest Workers And Recommendations For Change, Elyse T. Watkins
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Believable Victims: Asylum Credibility And The Struggle For Objectivity,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Believable Victims: Asylum Credibility And The Struggle For Objectivity, Michael Kagan
Scholarly Works
Asylum adjudication is often the invisible frontline in the struggle by oppressed groups to gain recognition for their plights. Through this process, individual people must tell their stories and try to show that they are genuine victims of persecution rather than simply illegal immigrants attempting to slip through the system. In 2002, because the world had not yet acknowledged the nature of the calamity from which they were escaping, many Darfurian asylum cases would have relied on the ability of each individual to convince government offices to believe their stories. They would have had to be deemed “credible,” or they …
A Taxonomy Of Discretion: Refining The Legality Debate About Obama’S Executive Actions On Immigration,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
A Taxonomy Of Discretion: Refining The Legality Debate About Obama’S Executive Actions On Immigration, Michael Kagan
Scholarly Works
Broad executive action has been the Obama Administration’s signature contribution to American immigration policy, setting off a furious debate about whether the President has acted outside his constitutional powers. But the legal debate about the scope of the President’s authority to change immigration policy has not fully recognized what is actually innovative about the Obama policies, and thus has not focused on those areas where he has taken executive discretion into uncharted territory. This essay aims to add new focus to the debate about Pres. Obama’s executive actions by defining five different types of presidential discretion: Congressionally-authorized discretion, non-enforcement discretion, …
Immigrant Victims, Immigrant Accusers,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Immigrant Victims, Immigrant Accusers, Michael Kagan
Scholarly Works
The U Visa program provides an immigration status to noncitizen victims of crime, which is essential to prevent unauthorized immigrants from being afraid to seek help from the police, and thus becoming easy prey for criminals. This visa falls into a category of immigration programs that grant benefits on the basis of victim status, rather than on family or employment connections to the United States. But the federal government structured the U Visa program so that in order to be protected as a victim, a person must also become an accuser. The U Visa thus implicates the rights of third …
Do Immigrants Have Freedom Of Speech?,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Do Immigrants Have Freedom Of Speech?, Michael Kagan
Scholarly Works
The Department of Justice recently argued that immigrants who have not been legally admitted to the United States have no right to claim protections under the First Amendment. If the DOJ argument is right, then most of the 11 million unauthorized immigrants in the U.S. could be censored or punished for speaking their minds – as many of them have in support of comprehensive immigration reform and the Dream Act. This Essay explores the complicated and conflicted case law governing immigrants’ free speech rights, and argues that, contrary to the DOJ position, all people in the United States are protected …
Immigration Law’S Looming Fourth Amendment Problem,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Immigration Law’S Looming Fourth Amendment Problem, Michael Kagan
Scholarly Works
In 2014, a wave of federal court decisions found that local police violate the Fourth Amendment when they rely on requests from the Department of Homeland Security to detain people suspected of being deportable immigrants. The problem with these requests, known as “detainers,” was that they were not based on any neutral finding of probable cause. But this infirmity is not unique to DHS requests to local police. It is characteristic of the normal means by which Immigration and Customs Enforcement (ICE) arrests people and detains them at the outset of deportation proceedings. These decisions thus signal a glaring constitutional …
The Unconstitutional Use Of Restraints In Removal Proceedings,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Unconstitutional Use Of Restraints In Removal Proceedings, Fatma Marouf
Scholarly Works
This Article challenges the constitutionality of indiscriminately restraining civil immigration detainees during removal proceedings. Not only are immigration detainees routinely placed in handcuffs, leg irons, and belly chains without any individualized determination of the need for restraints, but Immigration and Customs Enforcement (ICE), the prosecuting party, makes the decisions about the use of restraints, rather than the judge. After examining the rationale for the well-established prohibition against the indiscriminate use of restraints during criminal and civil jury trials, and discussing how some courts have extended this rationale to bench trials, this Article contends that ICE’s practice violates substantive and procedural …
Plenary Power Is Dead! Long Live Plenary Power!,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Plenary Power Is Dead! Long Live Plenary Power!, Michael Kagan
Scholarly Works
For decades, scholars of immigration law have anticipated the demise of the plenary power doctrine. The Supreme Court could have accomplished this in its recent decision in Kerry v. Din, or it could have re-affirmed plenary power. Instead, the Court produced a splintered decision that did neither. This essay examines the long process of attrition that has significantly gutted the traditional plenary power doctrine with regard to procedural due process, while leaving it largely intact with regard to substantive constitutional rights.
Assumed Sane,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Assumed Sane, Fatma Marouf
Scholarly Works
In 2014, the Board of Immigration Appeals (BIA) held in Matter of G-G-S- that a noncitizen’s mental health status at the time of an offense is irrelevant to determining whether the offense is a “particularly serious crime” for immigration purposes. Since a “particularly serious crime” is a bar to asylum and withholding of removal, it can result in a noncitizen’s deportation to a country where he or she faces a serious risk of persecution. In deciding that immigration judges “are constrained by how mental health issues were addressed as part of the criminal proceedings,” the BIA failed to recognize the …
