Borders, Bans, And Courts In The European Union,
2018
Brooklyn Law School
Borders, Bans, And Courts In The European Union, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
The Limits Of 8 U.S.C. § 1252(G): When Do Courts Have Jurisdiction To Entertain An Alien’S Claim For Damages Against The Government?,
2018
Cornell Law School, J.D. Candidate, 2019
The Limits Of 8 U.S.C. § 1252(G): When Do Courts Have Jurisdiction To Entertain An Alien’S Claim For Damages Against The Government?, Kimberly P. Will
Cornell International Law Journal
The objective of this Note is to identify the scope of § 1252(g). It concurs with previous scholarship, which has stated that, based on legislative intent and controlling precedents, § 1252(g) only applies to instances where the government exercises discretionary authority. That is, when the government violates statutes or its own regulations, courts may entertain the alien’s claim for damages. However, as many courts reject this argument, this Note further suggests that § 1252(g) should be interpreted narrowly so as to allow meritorious plaintiffs the possibility of recovering for the harm they suffered. This Note will also explore the international …
From Guantánamo To Syria: The Extraterritorial Constitution In The Age Of "Extreme Vetting",
2018
University of San Diego School of Law
From Guantánamo To Syria: The Extraterritorial Constitution In The Age Of "Extreme Vetting", Shawn E. Fields
Cardozo Law Review
This Article examines for the first time in scholarly literature whether and to what extent the Constitution applies extraterritorially to immigrants abroad. In particular, it explores whether non-detained immigrants and refugees outside the territorial boundaries of the United States can claim constitutional protection to challenge immigration policies and orders. The Supreme Court's recent willingness to reconsider the limits of the political branches' "plenary power" over immigration law and policy, coupled with the Court's recent extension of the Constitution to certain classes of extraterritorial noncitizens, suggests that a future role may exist for extraterritorial jurisprudence to inform constitutional immigration law. Using …
The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions,
2018
Penn State Dickinson Law
The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers
Dickinson Law Review (2017-Present)
This Article discusses issues regarding assistance of pro se litigants in the context of immigration law. In particular, Part II of this Article highlights programs such as the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH) that attempt to alleviate some of the inherent difficulties non-citizen detainees face in immigration proceedings. Part III of this Article focuses on a 2008 Regulation by the Executive Office of Immigration Review (EOIR), which calls for discipline against attorneys that engage in a pattern or practice of failing to enter a Notice of Appearance when engaged in practice or preparation. Lastly, Part IV …
Bans, Borders, And Sovereignty: Judicial Review Of Immigration Law In The Trump Administration,
2018
Roger Williams University School of Law
Bans, Borders, And Sovereignty: Judicial Review Of Immigration Law In The Trump Administration, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Is Citizenship Still Relevant? State Sovereignty, Migration, And Sanctuary Cities In A Globalizing World,
2018
Gettysburg College
Is Citizenship Still Relevant? State Sovereignty, Migration, And Sanctuary Cities In A Globalizing World, Melissa J. Lauro
Student Publications
This paper argues that sanctuary cities and sanctuary policies in the United States are a manifestation of the conflicts resulting from processes of globalization, which have changed traditional notions of citizenship, state sovereignty, and state security, as well as fostered a cultural backlash and identity politics within the U.S.
Pardoning Immigrants,
2018
Benjamin N. Cardozo School of Law
Pardoning Immigrants, Peter L. Markowitz, Lindsay Nash
Articles
In the waning days of the Obama Administration, with Trump’s promised immigration crackdown looming, over one hundred advocacy organizations joined forces to urge President Obama to permanently protect hundreds of thousands of immigrants from deportation by pardoning their breaches of civil immigration law. That pardon never materialized and, as expected, the Trump enforcement regime is sowing terror and devastation in immigrant communities nationwide. While it seems unfathomable that the current president would use his pardon power to mitigate even the most extreme applications of our nation’s immigration laws, there is unfortunately no indication that the harshest aspects of the immigration …
The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief,
2018
University of Richmond
The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief, Yanie Yuan
Richmond Public Interest Law Review
In 2017, the Ninth Circuit Court of the United States decided a case of an undocumented noncitizen that went against United States Su- preme Court precedent. The appellant in Marinelarena v. Sessions was removed despite the fact that she had not been convicted of any crimes. This comment examines the arguments and strategies of the case that the judges relied upon in their opinion.
2017 Symposium Lecture: Special Immigrant Juvenile Status In Virginia,
2018
University of Richmond
2017 Symposium Lecture: Special Immigrant Juvenile Status In Virginia, Madeline Taylor Diaz
Richmond Public Interest Law Review
No abstract provided.
2017 Symposium Keynote Address,
2018
University of Richmond
2017 Symposium Keynote Address, Shahan Mufti
Richmond Public Interest Law Review
No abstract provided.
2017 Symposium Panel Discussion: The Life Of An Immigration Attorney,
2018
University of Richmond
2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro
Richmond Public Interest Law Review
No abstract provided.
2017 Symposium Lecture: Economic Impact Of Immigration Regulations,
2018
University of Richmond
2017 Symposium Lecture: Economic Impact Of Immigration Regulations, Lakshmi Challa
Richmond Public Interest Law Review
No abstract provided.
2017 Symposium Lecture: Challenges Of Working With Immigrant Farmers In The Trump Administration,
2018
University of Richmond
2017 Symposium Lecture: Challenges Of Working With Immigrant Farmers In The Trump Administration, Margaret Hennessy
Richmond Public Interest Law Review
No abstract provided.
The Criminalization Of The Immigration System: The Dehumanizing Impact Of Calling A Person "Illegal",
2018
University of Richmond
The Criminalization Of The Immigration System: The Dehumanizing Impact Of Calling A Person "Illegal", Ashley R. Shapiro
Richmond Public Interest Law Review
In the context of immigration, words matter. The increasingly used term “criminal alien” is not only used as an adjective to define a noncitizen who has committed a crime, but it also acts as a descrip- tion of his or her personhood. The use of the term “illegals,” which is the shortened version of “illegal alien,” is pervasive in the media as well as policy debate. In Part I, this paper discusses the evolution of the immigration system in the United States from a discretionary and humanitarian system to a criminalized process. In Part II, this paper examines the convergence …
Five Steps To A Better U: Improving The Crime-Fighting Visa,
2018
University of Richmond
Five Steps To A Better U: Improving The Crime-Fighting Visa, Jason A. Cade, Meghan L. Flanagan
Richmond Public Interest Law Review
Congress created the U nonimmigrant status to assist noncitizen vic- tims of serious crime and to encourage them to assist law enforce- ment in the investigation of that crime. Despite these laudable goals, the process has been flawed since the outset. U visas were capped at 10,000 per year, eventually precipitating a multi-year backlog that diminishes the incentive to report crime for persons who fear depor- tation. Of particular importance, the willingness of law enforcement officers to provide a certification of helpfulness—a mandatory com- ponent of an application for U status—varies tremendously across agencies. Eligibility for U status is thus …
Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute,
2018
Pepperdine University
Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings,
2018
Legal Aid Justice Center
Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Rachel Nadas, Jayesh Rathod
Chicago-Kent Law Review
Government data consistently affirms that foreign-born workers in the U.S. experience high rates of on-the-job illness and injury. This article explores whether—and under what circumstances—these occupational harms suffered by immigrant workers constitute a dignity taking. The article argues that some injuries suffered by foreign-born workers are indirect takings by the state due to the government’s lackluster oversight and limited penalties for violations of occupational safety and health laws. Using a framework of the body as property, the article then explores when work-related injury constitutes an infringement upon a property right. The article contends that the government’s weak enforcement apparatus, coupled …
Getting It Righted: Access To Counsel In Rapid Removals,
2018
Marquette University Law School
Getting It Righted: Access To Counsel In Rapid Removals, Stephen Manning, Kari Hong
Marquette Law Review
None
Preventing Erroneous Expedited Removals: Immigration Judge Review And Requests For Reconsideration Of Negative Credible Fear Determinations,
2018
University of Washington School of Law
Preventing Erroneous Expedited Removals: Immigration Judge Review And Requests For Reconsideration Of Negative Credible Fear Determinations, Katherine Shattuck
Washington Law Review
The Central American refugee crisis has renewed criticism of expedited removal, which allows immigration officials to remove without a hearing certain noncitizens who seek to enter or have entered the United States. Asylum seekers who arrive at the border or ports of entry without entry documents undergo a screening process to determine whether they have a “credible fear of persecution.” An individual who receives a positive credible fear determination is entitled to a full hearing before an immigration judge. In contrast, an individual who receives a negative credible fear determination is typically subjected to expedited removal. Scholars and human rights …
The Network For Justice: Pursuing A Latinx Civil Rights Agenda,
2018
Texas A&M University School of Law
The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías
Faculty Scholarship
This article explores the need to develop a Latinx-focused network that advances law and policy. The Network for Justice is necessary to build upon the existing infrastructure in the legal sector to support the rapidly changing demographic profile of the United States. Latinxs are no longer a small or regionally concentrated population and cannot be discounted as a foreign population. Latinxs reside in every state in our nation and, in some communities, comprise a majority of the population. The goal of the Network for Justice is to facilitate and support local and statewide efforts to connect community advocates to formal …
