Benjamin Gonzalez O'Brien "A VERY GREAT PENALTY": MEXICAN IMMIGRATION, RACE, AND 8 U.S.C. § 1326 37 Maryland Journal of International Law 39 (2022) On August 18th, 2021, Chief U.S. District Judge Miranda Du found that 8 U.S.C. § 1326, which criminalizes undocumented reentry, was unconstitutional due to the racial animus that motivated its passage, making it a violation of the Equal Protection Clause of the Fifth Amendment. Her opinion in United States vs. Gustavo Carrillo-Lopez marks an... 2022
Amanda Frost "BY ACCIDENT OF BIRTH": THE BATTLE OVER BIRTHRIGHT CITIZENSHIP AFTER UNITED STATES v. WONG KIM ARK 32 Yale Journal of Law & the Humanities 38 (Summer, 2021) In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting... 2021
Kylee Verrill "COLLATERAL" DAMAGE: IMPLICATIONS OF THE ZERO-TOLERANCE POLICY ON IMMIGRATION 25 Quinnipiac Health Law Journal 333 (2022) Introduction. 335 I. The Fundamentals of U.S. Immigration Law. 335 II. Executive Influence and the Zero-Tolerance Policy. 337 III. Discussion. 341 a. The Zero-Tolerance Policy and the Principles of Immigration Law. 341 b. The Zero-Tolerance Policy and Sociological Issues. 342 c. The Zero-Tolerance Policy and Psychological Trauma. 343 d. Migrant... 2022
Laurel Leff "DEATH BY BUREAUCRACY": HOW THE U.S. STATE DEPARTMENT USED ADMINISTRATIVE DISCRETION TO BAR REFUGEES FROM NAZI EUROPE 34 Yale Journal of Law & the Humanities 389 (2023) During the Nazi era, the United States could have remained within overall and country-by-country quotas limiting immigration and still have admitted an additional 350,000 refugees from Germany and German-occupied or -allied countries. Instead, the State Department, whose consular officers abroad decided whether visas were to be issued, denied them... 2023
Walter I. Gonçalves, Jr. "HOW MUCH TIME AM I LOOKING AT?": PLEA BARGAINS, HARSH PUNISHMENTS, AND LOW TRIAL RATES IN SOUTHWEST BORDER DISTRICTS 59 American Criminal Law Review 293 (Spring, 2022) Scholarship on the American trial penalty, vast and diverse, analyzes it in connection with plea bargaining's dominance, its growth starting in the last third of the nineteenth century, and present-day racial disparities at sentencing. The overcriminalization and quick processing of people of color in southwest border districts cannot be understood... 2022
Azadeh Shahshahani, Chiraayu Gosrani "KNOWN ADVERSARY": THE TARGETING OF THE IMMIGRANTS' RIGHTS MOVEMENT IN THE POST-TRUMP ERA 72 Emory Law Journal 1245 (2023) C1-2Table of Contents Introduction. 1246 I. The First Amendment's Hollowed Out Protections. 1249 A. Constitutional Exceptionalism. 1251 B. Exceptionalism for Immigrants and the Plenary Power Doctrine. 1253 II. The Chilling of the Immigrants' Rights Movement. 1256 A. Indigenous Organizers, Faith Leaders, and Humanitarian Aid Workers at the Southern... 2023
Leslie C. Levin "THIS IS NOT NORMAL": THE ROLE OF LAWYER ORGANIZATIONS IN PROTECTING CONSTITUTIONAL NORMS AND VALUES 69 Washington University Journal of Law & Policy 173 (2022) Lawyer organizations in the United States perform a range of functions. Some are essentially social clubs that provide networking opportunities for lawyers. Others help their members stay up to date on changes in the law and provide other educational and material benefits. Through these efforts, lawyer organizations often serve as a site where... 2022
Elizabeth Butterworth "WHAT IF YOU'RE DISABLED AND UNDOCUMENTED?": REFLECTIONS ON INTERSECTIONALITY, DISABILITY JUSTICE, AND REPRESENTING UNDOCUMENTED AND DISABLED LATINX CLIENTS 26 CUNY Law Review 139 (Summer, 2023) I. Introduction. 140 II. From Disability Rights to Disability Justice. 145 III. An Ableist and Disabling Immigration System. 149 A. Exclusionary Immigration Laws and the Public Charge Rule. 150 B. The Disabling Impact of Migrating to and Living Undocumented in the United States. 155 IV. The Need for Services and Barriers to Access. 157 V. From... 2023
Vincent Becraft "YEARNING TO BREATHE FREE": IMMIGRANT DUE PROCESS RIGHTS CONSTRAINED BY THE SUPREME COURT'S RECENT UPHOLDING OF 8 U.S.C. § 1226 30-SPG Kansas Journal of Law & Public Policy 281 (Spring, 2021) Most fathers envision walking their daughters down the aisle and giving a heartfelt wedding speech, toasting the new couple and reflecting, maybe bittersweetly, on the new family and life she is creating with her spouse. Juan Lozano Magdaleno's role in his daughter's wedding was reduced to giving a speech, played over speaker phone at the wedding... 2021
  #Livingwhileblack: Racially Motivated 911 Calls as a Form of Private Racial Profiling 92 Temple Law Review Online 55 (2020) Private racial profiling is not new, but racially motivated 911 calls are a new method for private citizens to police Black people. Specifically, #LivingWhileBlack refers to the recent increase in 911 calls white people make on Black people who are going about normal daily activities. These everyday activities have included a family eating at... 2020
Keith Aoki , John Shuford , Kristy Young , Thomas Hwei (In)visible Cities: Three Local Government Models and Immigration Regulation 10 Oregon Review of International Law 453 (2008) I. International Local Government Law and Three Local Government Models. 459 A. Setting the Stage. 459 B. Federalism and Constitutional Silence. 463 C. The City as Public or Private: Three Models of the Legitimate Scope and Type of Local Government Power. 472 1. The City as a Public De Facto Semi-Autonomous Polity. 472 2. A Hybrid Model:... 2008
Kristina M. Campbell (Un) Reasonable Suspicion: Racial Profiling in Immigration Enforcement after Arizona V. United States 3 Wake Forest Journal of Law and Policy 367 (June, 2013) On June 25, 2012, the Supreme Court of the United States issued its landmark decision in Arizona v. United States, striking down three of the four provisions of Arizona's notorious Senate Bill (S.B.) 1070 challenged by the United States Department of Justice as preempted by federal immigration law. Despite agreeing with the government that the... 2013
Carrie L. Rosenbaum (UN)EQUAL IMMIGRATION PROTECTION 50 Southwestern Law Review 231 (2021) L1-3Table of Contents I. Introduction. 231 II. Equal Protection Intent Doctrine. 236 III. Immigration UnEqual Protection. 243 A. Equal Protection Challenges to Alienage Laws. 245 B. Equal Protection Challenges to Racially Discriminatory Immigration Laws. 246 IV. DHS v. Regents - Intentional Blindness Redoubled. 253 V. Conclusion. 260 2021
DeLeith Duke Gossett [Take from Us Our] Wretched Refuse": the Deportation of America's Adoptees 85 University of Cincinnati Law Review 33 (March, 2017) Give me your tired, your poor, Your huddled masses, yearning to breathe free, The wretched refuse of your teeming shore, Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door! ~ Emma Lazarus I. Introduction. 33 II. America: Land of Selective Immigration. 36 A. Economic Fears Drive Nativist Attitudes. 37 B. Nativism... 2017
Violeta R. Chapin ¡Silencio! Undocumented Immigrant Witnesses and the Right to Silence 17 Michigan Journal of Race and Law 119 (Fall 2011) At a time referred to as an unprecedented era of immigration enforcement, undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's immigration status, resulting in detention and deportation for the... 2011
Yvette Lopez-Cooper ¿En Qué Te Puedo Ayudar? When Is a Crime Victim Helpful? Using California's Immigrant Victims of Crime Equity Act (Senate Bill 674) to Define the U Visa's Helpfulness Requirement 53 California Western Law Review 149 (Spring, 2017) C1-2Table of Contents I. Introduction. 150 II. Victims of Trafficking and Violence Protection Act. 157 A. U Nonimmigrant Status Certification Requirement. 158 B. The Immigrant Victims of Crime Equity Act. 161 III. What Does Helpfulness Mean?. 162 IV. The Cultural Context Dilemma. 166 V. A Proposal for the Helpfulness Requirement. 170 A.... 2017
Nicole C. Dillard ®ABC . HIJ, IS THE U.S. TEACHER SHORTAGE HERE TO STAY? USING U.S. IMMIGRATION POLICY TO ADDRESS THE DOMESTIC TEACHING SHORTAGE 52 Journal of Law and Education 46 (Spring, 2023) Immigration is one of the most politically charged issues in the country. The various topics surrounding immigration policy have become a polarizing issue in recent years as policy makers continue to weigh economic, security and humanitarian concerns. Because Congress cannot reach a decision on comprehensive immigration reform, many policy... 2023
Kari Hong 10 Reasons Why Congress Should Defund Ice's Deportation Force 43 Harbinger 40 (March 11, 2019) Calls to abolish ICE, the Immigration and Customs Enforcement agency tasked with deportations, are growing. ICE consists of two agencies - Homeland Security Investigations (HSI), which investigates transnational criminal matters, and Enforcement and Removal Operations (ERO), which deports non-citizens. The calls to abolish ICE focus on the latter,... 2019
Charles C. Foster 1996 Immigration Act: its Impact on U.s. Legal Residents and Undocumented Aliens 34-FEB Houston Lawyer 28 (January/February, 1997) On the evening of September 30, 1996, when President Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (1996 Act), what the New York Times called a dangerous immigration bill, he did not end the debate on what the immigration policy should be for the United States. The two-year debate in Congress that... 1997
Ajmel Quereshi 287(g) and Women: the Family Values of Local Enforcement of Federal Immigration Law 25 Wisconsin Journal of Law, Gender & Society 261 (Fall 2010) Introduction. 261 I. The History of INA § 287(g). 263 II. The Impact of 287(g) Agreements on Minority Communities.. 265 A. The Prevalence of Racial Profiling. 266 B. The Program's Disproportionate Focus on Traffic Offenses and Misdemeanors.. 273 C. Lack of Adequate Federal Oversight. 276 D. Lack of Adequate Data Collection. 279 III. The Impact of... 2010
Justin M. Loveland 40 Years Later: It's Time for Us Ratification of the American Convention on Human Rights 18 Seattle Journal for Social Justice 129 (Spring, 2020) I. United States Concerns: Sovereignty, RUDs, Federalism, and the Interaction of the ACHR with US Law. 134 A. State Sovereignty and US Exceptionalism vs. Conventionality Control. 134 B. Federalism and its Tireless Preservation. 141 C. Reservations, Understandings, and Declarations. 144 1. The Continued Presence of the Bricker Amendment. 49 2.... 2020
Melinda R. Lewis A "Right Without a Remedy": an Analysis of the Sovereign Immunity Issues Implicated by State Power (Or the Lack Thereof) over Immigration Following Arizona V. United States 26 Georgetown Immigration Law Journal 629 (Spring, 2012) In June 2012, the Supreme Court allowed Arizona's controversial law requiring mandatory immigration status checks to go into effect. In a 5-3 decision, the Court held that it was improper to enjoin the mandatory immigration status check before the state courts had an opportunity to interpret it and without some showing that it in fact conflicts... 2012
Shira Morag Levine A "Vital Question of Self-preservation": Chinese Wives, Merchants, and American Citizens Caught in the 1924 Immigration Act 9 Stanford Journal of Civil Rights & Civil Liberties 121 (January, 2013) Introduction. 121 I. Legal and Human Limbo: Exclusion from the United States and Detention on Angel Island. 124 II. Congress's Increasingly Restrictive Chinese Immigration Policy: 1868-1924. 128 III. Legal Battles to Protect Immigration by Chinese Wives, and the Supreme Court's Anomalous 1925 Decisions. 132 IV. Unpacking the Supreme Court's... 2013
Ali Shan Ali Bhai A Border Deferred: Structural Safeguards Against Judicial Deference in Immigration National Security Cases 69 Duke Law Journal 1149 (February, 2020) When confronted with cases lying at the intersection of immigration and national security, the judiciary has abided by a consistent principle: the president knows best. Since the late nineteenth century, rather than deciding these cases on the merits, courts have instead deferred to the executive branch. Courts' reluctance to engage in judicial... 2020
James O. Browning , Jason P. Kerkmans A Border Trial Judge Looks at Immigration: Heeding the Call to Do Principled Justice to the Alien Without Getting Bogged down in Partisan Politics: Why the U.s. Immigration Laws Are Not Broken (But Could Use Some Repairs) 25 University of Florida Journal of Law and Public Policy 223 (December, 2014) I. Importance of the Task. 224 II. Why Does America Demand Justice for the Alien?. 225 III. Justice, and the Debate Over Immigration Law, Must be Based on Civil, Non-Racial Principles. 235 IV. History of the U.S. Immigration Laws. 237 V. History of the United States-Mexico Border. 254 VI. Tradition and Strength of Incremental Change. 261 VII.... 2014
Tom I. Romero, II A BROWN BUFFALO'S OBSERVATIONS ON COLOR (BLINDNESS), LEGAL HISTORY, AND RACIAL JUSTICE IN THE ROCKY MOUNTAIN WEST 2022 Utah Law Review 751 (2022) Close your eyes and join me on a quintessential American road trip driving west along I-70. As our car hurtles through the corn and wheat fields of western Kansas at over eighty miles an hour, we imperceptibly are gaining altitude. As we cross the 100th meridian, the air becomes drier, the land more barren. Suddenly, a giant brown sign emerges on... 2022
Kevin R. Johnson A Case Study of Color-blindness: the Racially Disparate Impacts of Arizona's S.b. 1070 and the Failure of Comprehensive Immigration Reform 2 UC Irvine Law Review 313 (February, 2012) Introduction. 314 I. The Tumultuous Immigration Debate of the Twenty-First Century. 317 A. Meltdown in the Desert: Arizona's S.B. 1070. 320 1. S.B. 1070: One State's Effort to Bolster Immigration Enforcement. 326 2. One Color-Blind Defense: S.B. 1070 Bans Racial Profiling. 331 3. Another Color-Blind Defense: S.B. 1070 Simply Mirrors Federal Law.... 2012
Craig B. Mousin A Clear View from the Prairie: Harold Washington and the People of Illinois Respond to Federal Encroachment of Human Rights 29 Southern Illinois University Law Journal 285 (Fall, 2004/Winter, 2005) The lives of immigrants, migrants, fugitive slaves, workers, and unemployed embed themselves deep within the historical debate between national security and civil liberties, often providing the fuel for restricting civil liberties. When the federal government's primary responsibility to provide for the common defense dovetails with its power to... 2005
Christopher N. Lasch A Common-law Privilege to Protect State and Local Courts During the Crimmigration Crisis 127 Yale Law Journal Forum 410 (October 24, 2017) abstract. Under the Trump presidency, Immigration and Customs Enforcement (ICE) officers have been making immigration arrests in state and local courthouses. This practice has sparked controversy. Officials around the country, including the highest judges of five states, have asked ICE to stop the arrests. ICE's refusal to do so raises the... 2017
Virginia Martinez, Jazmin Garcia, Jasmine Vasquez A Community under Siege: the Impact of Anti-immigrant Hysteria on Latinos 2 DePaul Journal for Social Justice 101 (Fall 2008) In April 2006, a 16 year-old Mexican-American boy named David Ritcheson was savagely beaten, sodomized with a patio umbrella pole and burned repeatedly with a cigarette. One of the attackers, a skinhead, attempted to carve a swastika in his chest. This occurred at a party in a private home in a small town in Texas as a result of a disagreement over... 2008
Richard T. Middleton, IV, Ph.D., JD , Sheridan Wigginton, Ph.D. A Comparative Analysis of How the Framing of the Jus Soli Doctrine Affects Immigrant Inclusion into a National Identity 21 Temple Political & Civil Rights Law Review 521 (Spring 2012) This paper builds upon a previous study that analyzed how the doctrine of jus soli affects racial and ethnic immigrant minority inclusion into citizenship and a national identity. In the aforementioned study, particular focus was given to how the principle of jus soli embedded in the U.S. Constitution has been judicially interpreted in a manner... 2012
Kit Johnson A Cost-benefit Analysis of the Federal Prosecution of Immigration Crimes 92 Denver University Law Review 863 (2015) Immigration crimes are the most prosecuted federal crimes in America. This Article examines the benefits of the federal prosecution of immigration crimes (training, deterrence, and signaling/expression) and balances those benefits against the costs of such prosecutions (courthouse costs, alternative prosecution, and incarceration). I conclude that... 2015
Joshua J. Schroeder A COURT OF CHAOS AND WHIMSY: ON THE SELF-DESTRUCTIVE NATURE OF LEGAL POSITIVISM 29 Cardozo Journal of Equal Rights & Social Justice 663 (Summer, 2023) Each of the four arguably most famous dictators in modern Western history, Adolf Hitler, Porfirio Díaz, Napoleon Bonaparte, and Oliver Cromwell, were legal positivists. This is to say that they rejected both the common law and natural law conceptions of human rights. They furthermore rejected the judiciary's equitable power to enforce human rights... 2023
Monika Batra Kashyap A CRITICAL RACE FEMINISM CRITIQUE OF IMMIGRATION LAWS THAT EXCLUDE SEX WORKERS: MOVING FROM THEORY TO PRAXIS 38 Berkeley Journal of Gender, Law & Justice 52 (2023) This Article is the first to apply a critical race feminism (CRF) critique to the current immigration law in the United States, Immigration and Nationality Act (INA) § 212(a)(2)(D)(i), which excludes immigrants for engaging in sex work. This Article will use critical historical methodology to center the role of women of color as the primary targets... 2023
Jennifer M. Chacón A Diversion of Attention? Immigration Courts and the Adjudication of Fourth and Fifth Amendment Rights 59 Duke Law Journal 1563 (May, 2010) Because of fundamental changes in the nature of immigration enforcement over the past decade, an increasing number of interactions between law enforcement agents and noncitizens in the United States are ultimately adjudicated not in criminal courts, but in immigration courts. Unfortunately, unlike the state and federal courts that have long... 2010
Jennifer Coleman A Divisive Split in the Eighth, Fifth, and Third Circuits: What the Courts Have to Say about States and Communities Taking Immigration into Their Own Hands 27 Georgetown Immigration Law Journal 871 (Summer, 2013) As an indication of how polarizing the debate on immigration has become, three federal circuit courts came to different conclusions in the summer of 2013, regarding whether federal law preempts local employment and housing ordinances that impact immigration issues. Communities have passed ordinances related to rental housing and employment, among... 2013
Ediberto Román , Ernesto Sagás A DOMESTIC REIGN OF TERROR: DONALD TRUMP'S FAMILY SEPARATION POLICY 24 Harvard Latinx Law Review 65 (Spring, 2021) Family separation has the dubious distinction of being the most odious measure amongst Donald Trump's draconian anti-immigrant immigration policies. The policy was introduced by the Trump administration as a way to broadly deter would-be immigrants and asylum seekers by instilling in them the fear of being separated from their children. After its... 2021
Esther Yoona Cho A Double Bind-"Model Minority" and "Illegal Alien" 24 Asian American Law Journal 123 (2017) Introduction. 124 I. The Social Location of Asian Immigrants in the United States. 124 II. Complex and Nuanced Realities of the Asian Race/Illegality Intersection. 127 A. Invisibility of Undocumented Asian Immigrants: That We Exist.. 127 B. Perceived Advantages of Undocumented Asian Immigrants: They Do Have an Advantage.. 128 C. The Model... 2017
Edward Shore A DREAM DEFERRED: THE EMERGENCE AND FITFUL ENFORCEMENT OF THE QUILOMBO LAW IN BRAZIL 101 Texas Law Review 707 (February, 2023) In 1988, Brazil ratified Article 68, a constitutional provision that recognizes the collective property rights of quilombolas, who are the descendants of formerly enslaved Africans, many of whom had escaped slavery. Article 68 ushered a dramatic transformation in the racial politics of Brazil, one of the most unequal societies in the world.... 2023
Kristina M. Campbell A Dry Hate: White Supremacy and Anti-immigrant Rhetoric in the Humanitarian Crisis on the U.s.-mexico Border 117 West Virginia Law Review 1081 (Spring, 2015) I. Introduction. 1082 II. The Growth of Hate and Extremist Groups in the Southwest in the 1990s and Early 2000s. 1083 A. The 1990s: The Burgeoning Nativist Anti-Immigrant Movement in the Southwest. 1086 1. California Proposition 187. 1086 2. The Emergence of Nativist and Extremist Anti-Immigrant Groups. 1088 B. The 2000s: The Southwest Becomes the... 2015
Andrew N. Klokiw A Fifth Wave? A Contemporary Comparative Study of Ukrainian Immigration to the United States, 1870-2019 98 Texas Law Review 757 (March, 2020) This Note presents an in-depth look into the immigration patterns of Ukrainians to the United States over the past 150 years. The underlying theory that I seek to explore and build upon in this Note is that Ukrainian-Americans represent a truly unique group in the broader tapestry of American immigration, as they have been landing on America's... 2020
Dominique Marangoni-Simonsen A FORGOTTEN HISTORY: HOW THE ASIAN AMERICAN WORKFORCE CULTIVATED MONTEREY COUNTY'S AGRICULTURAL INDUSTRY, DESPITE NATIONAL ANTI-ASIAN RHETORIC 27 Hastings Environmental Law Journal 229 (Winter, 2021) This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these... 2021
Karen McBeth Chopra A Forgotten Minority an American Perspective: Historical and Current Discrimination Against Asians from the Indian Subcontinent 1995 Detroit College of Law at Michigan State University Law Review 1269 (Winter, 1995) INTRODUCTION. 1270 I HISTORICAL BACKGROUND. 1274 A. The First Wave. 1274 1. Anti-Immigration Pressures. 1278 2. The Indian Component in the Anti-Immigration Fervor. 1278 B. Establishing a Community. 1280 C. The Exclusion Acts. 1281 D. The Citizenship Color Bar and Denaturalization. 1285 1. What is White?. 1286 2. Effect on American Wives. 1287 E.... 1995
Huyen Pham A Framework for Understanding Subfederal Enforcement of Immigration Laws 13 University of Saint Thomas Law Journal 508 (Fall, 2017) When thirty-two-year-old Kate Steinle was randomly shot during broad daylight on San Francisco's Pier 14, the initial public reaction was one of shock. When the shooter was determined to be an unauthorized immigrant who had been deported five times, and had been recently released by the San Francisco Sheriff's Department despite an extensive... 2017
Kara Hartzler A FREE PASS ON RACISM: IMMIGRATION AND THE EQUAL PROTECTION DOCTRINE 37 Maryland Journal of International Law 1 (2022) Imagine that in 2023, a new Congress wants to stop Black and Brown people from legally immigrating to the United States. Legislators give speeches on the House and Senate floors complaining about the infusion of negro slave blood. They openly claim that the Mexican peon is poisoning the American citizen. They refer to Black and Brown... 2022
Kathryn M. Bockley A Historical Overview of Refugee Legislation: the Deception of Foreign Policy in the Land of Promise 21 North Carolina Journal of International Law and Commercial Regulation 253 (Fall 1995) I. Introduction. 254 II. The Origins of Refugee Law: 1790-1940. 256 A. Federal Control of Immigration. 256 B. The Refugee Crisis in Europe. 260 C. The U.S. Response. 260 III. The Development of U.S. Refugee Legislation: 1948-1957. 262 A. The Displaced Persons Act of 1948. 262 B. The McCarran-Walter Act of 1952. 264 C. Refugee Relief Act of 1953.... 1995
Juliana Vélez-Echeverri and Camila Bustos A HUMAN RIGHTS APPROACH TO CLIMATE-INDUCED DISPLACEMENT: A CASE STUDY IN CENTRAL AMERICA AND COLOMBIA 31 Michigan State International Law Review 403 (2023) The past decade was the warmest decade ever recorded. As climate impacts intensify, numbers of people displaced and in need of relocation increase. International law has yet to adapt to a changing climate and its implications for those most vulnerable. Experts still debate whether the existing refugee regime could provide a solution for those... 2023
Jill E. Family A LACK OF UNIFORMITY, COMPOUNDED, IN IMMIGRATION LAW 98 Notre Dame Law Review 2115 (June, 2023) The Administrative Procedure Act (APA) is known for bringing standardization to federal agency behavior. The APA's framework for adjudication, however, is lax and incomplete. It provides standards, but only meaningfully for formal adjudication, and Congress rarely requires agencies to follow the APA's formal adjudication procedures. The APA,... 2023
Anita Sinha A LINEAGE OF FAMILY SEPARATION 87 Brooklyn Law Review 445 (Winter, 2022) History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... 2022
Hon. Denny Chin A LIVING LEGACY: THE KATZMANN STUDY GROUP ON IMMIGRANT REPRESENTATION 92 Fordham Law Review 811 (December, 2023) Introduction. 811 I. Remembering Judge Robert A. Katzmann. 813 II. Marking Fifteen Years of the Study Group's Efforts. 817 III. Laying Groundwork for the Future. 819 2023
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