Immigration Law Commons^™

A Pathway To The Legal Profession, Chelsea Sylvia

University of Miami Inter-American Law Review

No abstract provided.

Perpetual Congressional Inaction: State Regulation Of Immigration In Response To Lack Of Reform, Benjamin D. Galloway

Mercer Law Review

The debate over the issue of immigration has been raging for years now, culminating in a nationwide demand for general immigration law reform-with states attempting to take matters into their own hands by passing immigration enforcement laws. For the most part, these forays into immigration legislation by states have been struck down by the United States Supreme Court. However, as immigration reform looms in the future of Congressional action, open questions still remain as to what avenues states have left to participate in immigration regulation. This Comment will attempt to answer those questions by analyzing the development of immigration law …

America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth

University of Richmond Law Review

No abstract provided.

Constitutional Venue, Peter L. Markowitz, Lindsay C. Nash

Articles

A foundational concept of American jurisprudence is the principle that it is unfair to allow litigants to be haled into far away tribunals when the litigants and the litigation have little or nothing to do with the location of such courts. Historically, both personal jurisdiction and venue each served this purpose in related, but distinct ways. Personal jurisdiction is, at base, a limit on the authority of the sovereign. Venue, in contrast, aims to protect parties from being forced to litigate in a location where they would be unfairly disadvantaged. The constitutional boundaries of these early principles came to be …

Illegitimate Borders: Jus Sanguinis Citizenship And The Legal Construction Of Family, Race, And Nation, Kristin Collins

Faculty Scholarship

The citizenship status of children born to American parents outside the United States is governed by a complex set of statutes. When the parents of such children are not married, these statutes encumber the transmission of citizenship between father and child while readily recognizing the child of an American mother as a citizen. Much of the debate concerning the propriety and constitutionality of those laws has centered on the extent to which they reflect gender-traditional understandings of fathers’ and mothers’ respective parental roles, or instead reflect “real differences” between men and women. Based on extensive archival research, this Article demonstrates …

Requiring A Nexus To National Security: Immigration, “Terrorist Activities,” And Statutory Reform, Jared Hatch

BYU Law Review

No abstract provided.

Is Self-Sufficiency Really Sufficient? A Critical Analysis Of Federal Refugee Resettlement Policy And Local Attendant English Language Training In Portland, Oregon, Domminick Mcparland

Dissertations and Theses

Since the 1951 United Nations Convention, nations have dealt with refugee issues in various ways. In the United States, since the Vietnam War, there has been great debate and a significant amount of research on issues of refugee resettlement, with these discourses inherently involving issues of power and ideology. English language training and the promotion of economic self-sufficiency have been interventions used to integrate and assimilate refugees into American culture and society. These two interventions were the subject of the current investigation.

The purpose of this study was to look into the way federal refugee resettlement policy mandated by the …

Branded To Drive: Obstacle Preemption Of North Carolina Driver’S Licenses For Daca Grantees, Tung Sing Wong

Hamline Law Review

abstract

The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali

Indiana Law Journal

This Article explores how current terminations of undocumented immigrants’ parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the rights of parents who have been, or who face, deportation. Often, biases toward undocumented parents affect determinations concerning parental fitness in a manner that, while different, reaps the same results as the removal of children from their families over a century ago. This Article examines cases in which courts terminated the parental rights …

A Family Tradition: Giving Meaning To Family Unity And Decreasing Illegal Immigration Through Anthropology, Micah Bennett

Indiana Law Journal

My Note explores the family-preference provisions of the Immigration and Nationality Act and argues that they are far too limited, especially in light of the “family unity” policy that underscores the law. Using Mexico as a model, the Note relies on the discipline of anthropology to explain that family inherently drives immigration, and it refers to an allegory from a Mexican immigrant to demonstrate how the INA is ineffective. It then argues that immigration law could learn from anthropology—both its scholarship and its disciplinary ideals—to craft a more effective and better informed immigration law, which would further the family unity …

Race And Immigration, Then And Now: How The Shift To "Worthiness" Undermines The 1965 Immigration Law's Civil Rights Goals, Elizabeth Keyes

All Faculty Scholarship

This essay looks at how far immigration reform has come from the explicit civil rights character of the 1965 immigration law that reshaped America. The optimism surrounding that law’s dismantling of national-origins barriers to immigration proved to be overstated in the intervening decades, as the factors determining an immigrant’s “worth and qualifications” too often became proxies for race. After briefly looking at work done by critical race theorists tracing some of ways race and immigration have long intersected in immigration legal history, the article closely examines modern-day immigration reform proposals, particularly the Senate bill that remains the most complete articulation …

Introduction: Angles Of The Right To Counsel In Civil Cases Debate: Formalism, Immigration, Reviewability, And Empiricism, John Pollock

University of the District of Columbia Law Review

Given the recent celebrations of Gideon v. Wainwright's 5 0 th anniversary,' it is most appropriate that this Symposium issue focuses on the civil right to counsel. While Gideon was only about the right to counsel in criminal cases, many of the events and articles marking the anniversary discussed the interplay between criminal and civil cases,2 even reaching the front page of the New York Times 3 and various radio shows. 4 Yet historically, criminal and civil cases have rarely been discussed simultaneously.

Access To Counsel In Removal Proceedings: A Case Study For Exploring The Legal And Societal Imperative To Expand The Civil Right To Counsel, Carla L. Reyes

University of the District of Columbia Law Review

Of the approximately 400,000 immigration cases pending before federal immigration courts across the country,' approximately fifty percent involve pro se respondents.2 Although empirical evidence shows that a foreign national's chances of receiving a favorable ruling doubles when an attorney represents him or her in removal proceedings, a unique confluence of history, legal tradition and policy climate have restricted immigrants' access to counsel to a ten-day window in which the immigrant may seek representation of his or her own choosing at no expense to the government. Although removal proceedings are, by definition, civil proceedings, they nevertheless involve physical detention and the …

Expanding The Civil Privilege Of Being Represented By Counsel Through The Presumed Prejudice Doctrine, Maurice Hew Jr.

University of the District of Columbia Law Review

On the fiftieth anniversary of Gideon v Wainwright,' many scholars are examining 2 the promise to not ration justice 3 by requiring counsel to be appointed for the indigent for State crimes. 4 Yet, other scholars are trying to expand Gideon's promise to all civil law matters,5 including immigration. Providing free appointed immigration counsel for representation in secretive 7 civil immigration removal proceedings would be ideal. However, for respondents who are subjected to the mandatory deportation consequences of their *9. convictions, immigration representation is impractical and serves little purpose.' 0 A better approach is to have criminal counsel simultaneously provide …

Immigration Is Different: Why Congress Should Guarantee Access To Counsel In All Immigration Matters, Careen Shannon

University of the District of Columbia Law Review

This article represents a pipe dream. It envisions an America where no one would be detained, deported, and exiled without the opportunity to meaningfully challenge the grounds for such drastic action against them. Specifically, it envisions an America in which Congress would act in the interest of justice to ensure that foreign nationals held in immigration detention-no, let's call it what it is: prison-while awaiting the opportunity to challenge removability before an Immigration Judge were guaranteed the right to counsel. Similarly, it imagines that even in a time of fiscal crisis and political dysfunction, a Congress that enacts some type …

The Difference Prevention Makes: Regulating Preventive Justice, David Cole

Georgetown Law Faculty Publications and Other Works

Since the terrorist attacks of September 11, 2001, the United States and many other countries have adopted a ‘‘paradigm of prevention,’’ employing a range of measures in an attempt to prevent future terrorist attacks. This includes the use of pre textual charges for preventive detention, the expansion of criminal liability to prohibit conduct that precedes terrorism, and expansion of surveillance at home and abroad. Politicians and government officials often speak of prevention as if it is an unqualified good. Everyone wants to prevent the next terrorist attack, after all. And many preventive initiatives, especially where they are not coercive and …

Gender And Economic, Social, And Cultural Rights, Christine M. Chinkin

Book Chapters

At the time of adoption of the International Covenant of Economic, Social and Cultural Rights (ICESCR) in 1966, the concept of gender had not entered the international arena. Relations between women and men in the allocation and enjoyment of rights were addressed through the concept of non-discrimination, inter alia on the basis of sex. The term ‘gender’ began to enter the international agenda in the 1980s, first through the global conferences on women. The World Conference on Human Rights at Vienna in 1993 continued this trend, referring to gender-based violence, gender bias, and gender-disaggregated statistics. It also called for ‘the …

Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano

Seattle University Law Review

Despite being married to a U.S. citizen, non-citizen transgender individuals and non-citizen spouses married to transgender U.S. citizens still face deportation today due to current immigration policies. When forced to return to their home countries, transgender individuals are likely to encounter violence from those who perpetuate hate towards transgender and gender non-conforming individuals. Instead of protecting these individuals, the United States continues to send people back to their native countries solely because those individuals do not fall within the narrowly constructed definition of marriage some states use that is legally recognized by federal courts. Transgender individuals receive disparate treatment as …

Members Only: Undocumented Students & In-State Tuition, Angela M. Banks

BYU Law Review

No abstract provided.

Multiculturalism And Feminism For Hispanic Immigrant Women Accused Of Drug Crimes, Kathryn Duque Lenhart

BYU Law Review

No abstract provided.