Due Process -- Immigration Detention -- Third Circuit Holds That the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 Authorizes Immigration Detention Only for a -- "Reasonable Period of Time." -- Diop V. Ice/homeland Security, 656 F.3d 125 Harvard Law Review 1522 (April, 2012) The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), designed to ensure the efficient deportation of criminal aliens, amended 8 U.S.C. § 1226(c) to require the Attorney General to detain any removable alien who has committed a crime of moral turpitude or a crime relating to a controlled substance pending the... 2012
Kati L. Griffith, Tamara L. Lee Immigration Advocacy as Labor Advocacy 33 Berkeley Journal of Employment and Labor Law 73 (2012) As immigration reform efforts continue to experience fits and starts in Congress, immigrant and non-immigrant workers have joined together to advocate for immigration reform at the federal level and to protest the surge of exclusionary immigration measures at the state and local levels. These advocacy efforts demonstrate that many workers connect... 2012
Kevin R. Johnson Immigration and Civil Rights: Is the "New" Birmingham the Same as the "Old" Birmingham? 21 William & Mary Bill of Rights Journal 367 (December, 2012) Over the past few years, state legislatures have passed immigration enforcement laws at breakneck speed. As one commentator characterized it: Immigration law is undergoing an unprecedented upheaval. The states . . . have taken immigration matters into their own hands. In response to the widespread perception that the federal government cannot or... 2012
J. Hafetz Immigration and National Security Law: Converging Approaches to State Power, Individual Rights, and Judicial Review 18 ILSA Journal of International and Comparative Law 625 (Summer, 2012) I. The Immigration Law Influence on National Security Policy. 627 A. Framing the Debate: Trading Rights for Security. 628 B. The Development of Two-Tiered Adjudicatory Structures. 630 C. Restricting Access to the Courts and the Scope of Judicial Review. 633 D. Security as Proxy for Other Aims. 638 II. The Failure to Close Guantánamo. 640 A.... 2012
Jonathan Hafetz Immigration and National Security Law: Converging Approaches to State Power, Individual Rights, and Judicial Review 46 Revista Juridica Universidad Interamericana de Puerto Rico 787 (Agosto-Mayo, 2011-2012) I. The Immigration Law Influence on National Security Policy. 789 II. The Failure to Close Guantánamo. 798 III. Conclusion. 804 2012
Michael J. Wishnie Immigration Law and the Proportionality Requirement 2 UC Irvine Law Review 415 (February, 2012) I. Proportionality Review Outside Immigration Law. 418 II. Proportionality Review in Immigration Law. 424 A. Removal as a Punitive Sanction. 425 1. Removal of Permanent Residents. 427 2. Removal of Non-LPRs. 428 B. Re-entry Bars as a Punitive Sanction. 431 C. Case-by-Case Proportionality Review in Immigration Cases. 435 D. Categorical... 2012
Marjorie S. Zatz , Hilary Smith Immigration, Crime, and Victimization: Rhetoric and Reality 8 Annual Review of Law and Social Science 141 (2012) criminalization, exploitation, immigration enforcement, immigration law, moral panic, racialization Contrary to popular perceptions that immigration increases crime, the research literature demonstrates that immigration generally serves a protective function, reducing crime. This review takes as its starting point the contradiction between the... 2012
Ernesto Hernández-López Kiyemba, Guantánamo, and Immigration Law: an Extraterritorial Constitution in a Plenary Power World 2 UC Irvine Law Review 193 (February, 2012) Introduction. 194 I. The Exclusions of Plenary Powers. 200 II. Immigration Law: The Fallback Doctrinal Justification for Guantánamo Detentions. 204 A. Boumediene: Limits on Alien Status and Location as Bars to Constitutional Habeas. 205 B. The Kiyemba Triumvirate: Immigration Law and the Fallback to Detain After Habeas. 210 C. Kiyemba and... 2012
Lee J. Terán Mexican Children of U.s. Citizens: "Viges Prin" and Other Tales of Challenges to Asserting Acquired U.s. Citizenship 14 Scholar: St. Mary's Law Review on Minority Issues 583 (2012) I. Introduction. 584 II. Extraordinary Migration and Pitfalls for Mexican Applicants. 592 A. Mexican Migration Patterns. 594 B. Mass Repatriations . 598 C. Immigration History. 601 1. Birth and Citizenship. 603 2. Accounts of Presence or Residence. 606 III. Substantive and Procedural Requirements for Acquired Citizenship. 607 A. Constitutional... 2012
Julia Ann Simon-Kerr Moral Turpitude 2012 Utah Law Review 1001 (2012) This Article gives the first account of the moral turpitude standard, tracing its trajectory from the early American law of defamation to evidence law, where it has been used for witness impeachment, and then to legal areas as diverse as voting rights, juror disqualification, professional licensing, and immigration law, where it is used as a... 2012
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