Immigration Law Commons^™

Immobilizing Migrants, César Cuauhtémoc García Hernández

Michigan Law Review

A review of The Migrant’s Jail: An American History of Mass Incarceration. By Brianna Nofil.

The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold

Seattle University Law Review

For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …

How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch

Seattle University Law Review

The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.

The lack of comprehensive data collection by …

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

The Colonial Borders Within: Racial Profiling, Language, And Civil Juries, Jasmine Gonzales Rose

Faculty Scholarship

This Article builds on the scholarship of Kevin R. Johnson, whose work has long illuminated how immigration law and constitutional doctrine have enabled the subordination of Latines through racial profiling,2 language discrimination,3 and exclusion from civic institutions, like juries.4 His analyses of juror exclusion and the importance of a diverse judiciary underscore how the composition of civil and criminal factfinders shapes both recognition of harm and the remedies afforded.5 Long before the current period of intensified, abusive immigration enforcement, his scholarship traced the historical roots of these practices, examined their contemporary manifestations, and revealed the ways in which the law …

Shrinking Sovereignty: By Land, Sea, And…Air?, Cynthia R. Harris

Pace Environmental Law Review

Atlantis was a mythical State destroyed by the gods as an object lesson to humanity. The complete destruction of a State, as a political entity, does have precedent in historical reality. The complete and permanent loss of a State’s physical territory, however, is a problem humanity has never faced—until now. Today, climate change-driven sea level rise is bringing the future sovereign status of Small Island Developing States (SIDS) in question. A growing body of legal scholarship argues for maintaining these States’ maritime jurisdictions but has not yet extended the question skyward to SIDS’ jurisdiction over airspace.

This Article addresses that …

Cardozo Celebrates 34th Inspire! Awards, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law celebrated the 34th INSPIRE! Awards, recognizing alumni, students, and community members for their outstanding commitment to public service. The event honored leaders in immigration advocacy, presented student leadership and service awards, and featured a live recording of the SPARKS podcast focused on careers in public interest law.

Flowing Borders: U.S. Border Externalization In Latin America And The Los Angeles Declaration On Migration And Protection, Magdalena Olvera Hernandez

Master's Theses

In recent years, Latin America has emerged as a central transit region for extracontinental migrants originating from Africa, Asia, and the Middle East who seek to reach North America through alternative routes. This thesis examines the Los Angeles Declaration on Migration and Protection, among other regional migration governance frameworks that have reshaped migratory flows, state responsibilities, and protection outcomes in the Western Hemisphere. Focusing on the Darién Gap as a strategic chokepoint, the study analyzes the effects of coordinated migration policies, border externalization, and differentiated state roles on extracontinental mobility.

Drawing on official migration statistics from Panama, the United States, …

Fixing Our Borders Of Injustice: The Fall Of Chevron Brings New Hope For Gender-Based Violence Asylum, Lara Mcleod

Catholic University Law Review

The Immigration & Nationality Act (INA) governs U.S. immigration law and was enacted to assist and protect international refugees from persecution and threats to life or freedom. The primary legislative purpose of the INA was to conform U.S. asylum law to international standards established in the 1967 Refugee Protocol. This Comment will critically examine the former Biden Administration’s June 2024 Proclamation on Securing the Border, illustrating how the Proclamation’s deterrence-based policies failed to meet the United States’ protective obligations under both international and federal law standards and underscored the inherent flaws of the Executive Branch’s enforcement of U.S. asylum law, …

Red, Blue, And Bordered: Factors Influencing Immigration Attitudes, Estefania Morales Vilchis

Political Science Student Papers and Posters

The paper will explore the various social and individual variables that will impact how people perceive immigration as either beneficial to society or a societal threat. Some of the primary variables that will be examined in detail are one’s political affiliation, age, and geographical location; this will address the profound "why" behind our current beliefs on newcomers. The study will particularly address the "Contact Hypothesis" versus "Group Threat Theory" through the lens of how one's personal experiences with immigrants, or lack of, will shape public opinion. The study will focus on the rising psychological issue of "demographic anxiety", specifically, fears …

“Justice” By Deception: The Immigration Regime’S Longstanding Reliance On Fraud And Coercion, Lori A. Nessel

Buffalo Law Review

No abstract provided.

What's The Matter With Lozada: How The Board Of Immigration Appeals Coerces Immigration Lawyers To Breach Legal Ethics, Kari E. Hong

Idaho Law Review

In general, if an attorney makes a mistake, they can cure it by notifying the forum and filing the appropriate remedy. Immigration law, by contrast, stands alone by requiring the client (or a new attorney) to corroborate any mistake by filing a bar complaint against the first attorney. This requirement was established in a 1988 case, called Matter of Lozada. Much has been written on how the Lozada rule is unnecessary (a mistake does not need to be corroborated by a bar complaint and state bars are complaining about a deluge of unnecessary complaints for negligence) and harms the immigration …

Executive Clemency And Immigration Federalism: Reconsidering Presidential Power Over Deportation Orders, R. Linus Chan

Idaho Law Review

No abstract provided.

Federalism, Family Unity, And Keeping Families Together, Kristina M. Campbell

Idaho Law Review

No abstract provided.

Immigration Federalism In The Second Trump Administration, Stella Burch Elias

Idaho Law Review

This Article explores the ongoing transformation of state and local engagement in immigration-related rulemaking in the United States during the Second Trump Administration. The Article examines the myriad ways in which federal executive actions and state responses to those actions, alongside independent state actions and the federal government’s responses to those actions, are upending long established immigration law doctrines and shifting the borders of American federalism. The Article discusses legal scholars’ previous understanding of immigration federalism, embodied in United States v. Arizona, and the prior distinctions between permissible “alienage” laws and impermissible “immigration” laws, which could not be introduced by …

Immigration Law Survey, Abolade Oyetunji

Mercer Law Review

This Article reviews a sample of cases from the United States Court of Appeals for the Eleventh Circuit from January 1, 2025, through December 1, 2025, in which immigration law was the central focus. Across the opinions included in this Article, the Eleventh Circuit addressed matters of first impression, reinforced Congress’s restraints on judicial review of certain decisions made by immigration agencies, and navigated a post-Loper Bright Enterprises. v. Raimondo landscape, asserting independent interpretive authority due to the Supreme Court of the United States’s repeal of Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. in 2024.

This Article begins …

Unequal Paths: Experiences Navigating The U.S. Naturalization Process And The Role Of Education, Cecilia Rayburn

Honors Theses

This study examines how educational attainment shapes immigrants’ experiences with the U.S. naturalization process, with a focus on how education influences confidence, access to resources, and the ability to manage bureaucratic demands. While the legal requirements for naturalization are standardized, the ability to navigate them varies widely across individuals. Applicants’ experiences reveal that the U.S. naturalization process is often more complex and unequal than it may appear. This research was conducted through five semi-structured interviews with naturalized citizens of varying levels of higher education. These interviews explored participants’ experiences with the application process, including their preparedness, access to support systems, …

Blue, Red, And Bordered, Estefania Morales Vilchis

Student Scholar Symposium Abstracts and Posters

The paper will explore the various social and individual variables that will impact how people perceive immigration as either beneficial to society or a societal threat. Some of the primary variables that will be examined in detail are one’s political affiliation, age, and geographical location; this will address the profound "why" behind our current beliefs on newcomers. The study will particularly address the "Contact Hypothesis" versus "Group Threat Theory" through the lens of how one's personal experiences with immigrants, or lack of, will shape public opinion. The study will focus on the rising psychological issue of "demographic anxiety", specifically, fears …

Splitting Shores: Comparative Analysis Of Italy’S And Spain’S Reactions To Immigration, William E. Montgomery V

International and Global Studies Undergraduate Honors Theses

The divergence in public immigration sentiment between Italy and Spain, two countries with striking historical, geographic, and demographic similarities, is seen as a mystery for popular theoretical frameworks. Although both nations transitioned from net emigration to net immigration beginning in the 1970s and 1980s, Italy has consistently exhibited more negative attitudes toward immigration relative to the European average, while Spain has seen sustained improvement in immigration sentiment despite receiving immigrants at historically unprecedented levels. Employing a Most Similar Systems Design and drawing on quantitative demographic and survey data, primary legislative texts, and secondary scholarly literature, this thesis tests Group Threat …