Immigration Law Commons^™

E.U. Accountability To International Law: The Case Of Asylum, James C. Hathaway

Articles

In one of his later published works, Eric Stein wrote that "[a]s modern administrative state, transparency in the Union is essential not only to inform member state parliaments and electorates, but also to help form an all-European debate and public opinion that are required to sustain advanced integration."' In his usual prescient way, Professor Stein captured the dilemma of the European Union as it has shifted from an amalgam of states seeking consensus in a largely behind-closed-doors way to what many would see as an emerging federal state. With its undoubted ability to project power, will the European Union effectively …

Examining The Reality Of Foreign National Child Victims Of Human Trafficking In The United States, Bridgette A. Carr

Articles

Human traffickers prey on the vulnerabilities of other people. Poverty, lack of education, and language barriers are keys that human traffickers use to successfully exploit others. For foreign national children who have been trafficked in the United States, these same vulnerabilities are often ignored by the immigration system. From its inception, the Trafficking Victims Protection Act (TVPA) has been touted as a tool to combat grave human rights violations that affect children. In fact, the TVPA's legislative history is rife with stories, statistics, and anecdotes involving children-often young girls. The TVPA has always recognized the failure of a one-size-fits-all approach …

Sanctuary From De Facto Deportation: The New Sanctuary Movement And De Facto Deportation Claims For Children Challenging Illegal Immigrant Parents' Removal Orders, Kristin Maun

Richmond Public Interest Law Review

This comment will give an overview of past and present sanctuary movements, the legal strategies they have formulated to defend those whom they shelter, and their impact on immigration law and policy. Then it will examine the particular strategy of de facto deportation-the NSM's legal strategy of choice-to understand what is necessary to establish the claim, and whether it could nullify an alien parent's removal order. Next, it will analyze two legal principles underlying de facto deportation claims: the right of a child to be raised by his parents and the right of a citizen child to reside in the …

9/11 And The Transformation Of U.S. Immigration Law And Policy, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Where Do We Go From Padilla V. Kentucky? Thoughts On Implementation And Future Directions, Maureen A. Sweeney

Faculty Scholarship

On March 31, 2010, the U.S. Supreme Court held in the landmark case of Padilla v. Kentucky that the Sixth Amendment right to effective assistance of counsel in criminal cases includes the right for non-U.S. citizens to be correctly and specifically advised about the likely immigration consequences of a plea agreement. The decision represents an important shift in the way courts have addressed such claims by noncitizen defendants. The Court’s decision recognizes a constitutional requirement that defense counsel provide advice in an area of law in which few defense counsel are knowledgeable, and therefore raises important and difficult questions about …

Penalty And Proportionality In Deportation For Crimes, Maureen A. Sweeney, Hillary Scholten

Faculty Scholarship

No abstract provided.

The Constitutionality Of Collateral Post-Conviction Claims Of Actual Innocence Comment., Craig M. Jacobs

St. Mary's Law Journal

The notion that the state can punish innocent people disrupts public confidence in the usefulness of the criminal justice system. If, by legislative design, the criminal justice system is not concerned with or is accepting of situations where innocent people are punished by the state, should courts take immediate action? Once criminal defendants exhaust the appellate process, Supreme Court Justices have stated, federal courts should not hear claims of actual innocence. Such statements are supported by the federal habeas corpus statute as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). AEDPA requires federal habeas courts to …

Respecting The Concept And Limited Liability Of A Series Llc In Texas Comment., Bernie R. Kray

St. Mary's Law Journal

The primary advantage of a limited liability company (LLC) is to shield owners from personal liability for the contract and tort obligations of their business entities. To further protect business assets, practitioners often advised clients to form multiple LLCs, each containing single assets. Yet, business owners managing multiple assets and LLCs often found this approach ineffective and cost-prohibitive. Allowing for a single “master” LLC to compartmentalize different series of properties without the need for a distinct holding company, the “series” LLC was the next step. The series LLC permits companies to partition assets and liabilities among various cells or “series,” …

Convergences And Divergences In International Legal Norms On Migrant Labor, Chantal Thomas

Cornell Law Faculty Publications

This essay will argue that even where disparate treaties converge doctrinally, they may diverge normatively and that normative divergence may be significant in its own right. Section I of this essay seeks to chart out an initial such analysis, conducting a concise comparison of particular rules affecting migrant workers from different realms of international law. Section I concludes with both a graphic representation of doctrinal convergences and divergences, and a further discussion the doctrinal relationships among treaties as elucidated through consideration of hypothetical legal disputes.

Section II considers the normative implications of divergent rule systems. In particular, Section II raises …

Specialty Bars As A Site Of Professionalism: The Immigration Bar Example, Leslie Levin

Faculty Articles and Papers

As the practice of law has become increasingly specialized, specialty bar associations have become more important to the work lives of many lawyers and their understanding of professional norms. This article looks at the role of a single specialty bar association - the American Immigration Lawyers Association (AILA) - in the construction of its members’ norms and values. The article draws on semi-structured interviews with 71 immigration lawyers in the New York City metropolitan area to identify the ways in which specialty bars foster lawyers’ understanding of professional norms - both formally and informally - through education, information sharing, mentoring, …

Searching For Equality: Equal Protection Clause Challenges To Bans On The Admission Of Undocumented Immigrant Studies To Public Universities, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.

Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.

A Lesser-Known Immigration Crisis: Federal Immigration Law In The Commonwealth Of The Northern Mariana Islands, Robert J. Misulich

Washington International Law Journal

After voluntarily entering into a political union with the United States, the Commonwealth of the Northern Mariana Islands (“CNMI”) administered its own immigration system and allowed thousands of guest workers to enter and remain indefinitely. Guest workers contributed to the exponential growth of the CNMI economy during the 1980s and 1990s. However, labor and human rights abuses under this system led to public outrage in the mainland United States, prompting numerous attempts to bring the CNMI within the jurisdiction of federal immigration law. Federalization occurred after Congress passed the Consolidated Natural Resources Act of 2008 (“CNRA”). Although well intentioned, the …

A New Normative Approach For The Grant Of Asylum In Cases Of Non-State Actor Persecution, Mikhail Izrailev

Cardozo Journal of International and Comparative Law

The note critiques the inconsistent application of the "unable or unwilling" standard in asylum cases, particularly regarding nonstate actor persecution, and advocates for adopting the New Zealand Refugee Status Appeals Authority's standard. This standard focuses on the existence of a real risk of persecution, irrespective of governmental efforts, to align with the Refugee Convention's nonrefoulement principle and better safeguard asylum seekers' rights.

U.S. Immigration Law: A Barrier To Effective Cultural Diplomacy, Alexa K. Fang

Cardozo Journal of International and Comparative Law

The note argues that U.S. visa policies for artists and cultural workers have become overly restrictive, particularly after the 1990 Immigration Act and post-9/11 security measures, creating significant barriers to cross-cultural exchange. These restrictions, such as the stringent requirements for O-1 visas and premium processing delays, disproportionately affect less established artists and those from certain countries, undermining U.S. cultural diplomacy goals. The note advocates for visa reform, drawing on comparative examples from countries like Austria, Canada, and EU member states, which prioritize artistic freedom and mobility while balancing security concerns.

Denying Formalism's Apologists: Reforming Immigration Law's Cimt Analysis, Jeremiah J. Farrelly

University of Colorado Law Review

Congress has long favored the "crime involving moral turpitude" as a statutory device to remove "undesirable" aliens from the United States. Unfortunately, Congress never bothered to define this important phrase. The judicial standard developed to address this shortfall has long been seen as unnecessarily formalistic, arbitrary, and both over- and under-inclusive. Until recently, however, these issues were ignored. In 2008, the Board of Immigration Appealsrightly deferred to by the Seventh Circuit-and the Attorney General finally addressed these issues, making significant revisions to the traditional standard. The Third Circuit, rather than following the Seventh Circuit in allowing the reform of an …

The "Illegal" Tax, Francine J. Lipman

Scholarly Works

No abstract provided.

Implicit Bias And Immigration Courts, Fatma Marouf

Scholarly Works

This Article highlights the importance of implicit bias in immigration adjudication. After tracing the evolution of prejudice in our immigration laws from explicit "old-fashioned" prejudice to more subtle forms of "modem" and "aversive" prejudice, the Article argues that the specific conditions under which immigration judges decide cases render them especially prone to the influence of implicit bias. Specifically, it examines how factors such as immigration judges' lack of independence, limited opportunity for deliberate thinking, low motivation, and the low risk of judicial review all allow implicit bias to drive decisionmaking. The Article then recommends certain reforms, both simple and complex, …

Boyd Law's Thomas & Mack Clinic Scores Important Ninth Circuit Victory, Anne R. Traum

Scholarly Works

No abstract provided.

Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum

Scholarly Works

Courts should insist on heightened procedural protections in immigration adjudication. They should do so under the Fifth Amendment’s Due Process Clause rather than by importing Sixth Amendment protections from the criminal context. Traditional judicial oversight and the Due Process Clause provide a better basis than the Sixth Amendment to interpose heightened procedural protections in immigration proceedings, especially those involving removal for a serious criminal conviction. The Supreme Court’s immigration jurisprudence in recent years lends support for this approach. The Court has guarded the availability of judicial review of immigration decisions. It has affirmed that courts are the arbiters of constitutional …