Ethan Michelson Immigrant Lawyers and the Changing Face of the U.s. Legal Profession 22 Indiana Journal of Global Legal Studies 105 (2015) Lazarus-Black and Globokar examine the work both of foreign applicants to two LL.M. programs and of the law school administrators and faculty who decide Who's In [and] Who's Out. The LL.M. admissions process is an increasingly important determinant of the overall volume and composition of law school enrollments. At stake are the futures not only... 2015
Bessie Muñoz Immigrants for Sale: Corporate America Puts a Price Tag on Sexual Abuse 17 Scholar: St. Mary's Law Review on Race and Social Justice 553 (2015) I. Introduction. 554 II. The History Behind Privatization of Immigration Detention Facilities. 558 A. Lobbying for Anti-Immigration Laws. 560 B. Legislative History of the Bed Mandate Provision. 561 III. The History of the Prison Rape Elimination Act and the Implementation Procedure in Private Detention Facilities. 563 A. The Creation of National... 2015
Kevin R. Johnson Immigration in the Supreme Court, 2009-13: a New Era of Immigration Law Unexceptionalism 68 Oklahoma Law Review 57 (Fall, 2015) Introduction. 58 I. The 2009 Term. 66 A. Padilla v. Kentucky: Ineffective Assistance of Counsel Based on Immigration Advice. 66 B. Carachuri-Rosendo v. Holder: Removal for Misdemeanor Drug Possession. 71 C. Kucana v. Holder: Judicial Review of Motions to Reopen. 75 II. The 2010 Term. 77 A. Chamber of Commerce v. Whiting: Federal Preemption of a... 2015
Michael Kagan Immigration Law's Looming Fourth Amendment Problem 104 Georgetown Law Journal 125 (November, 2015) C1-2Table of Contents Introduction. 126 I. Canary in the Coal Mine: The Trouble with ICE Detainers. 130 II. Foundations of a Parallel Universe. 135 a. plenary power, not enumerated power. 135 b. the civil-criminal distinction. 137 c. the normalization of unrestrained immigration authority. 139 III. The Decline of the Parallel Universe. 142 a.... 2015
Stephen Lee Immigration Outside the Law. By Hiroshi Motomura. New York, N.y.: Oxford University Press. 2014. Pp. 338. $29.95 128 Harvard Law Review 1405 (March, 2015) Immigration law has become unmerciful. Perhaps it has always been this way, but thanks to Professor Hiroshi Motomura, at least we know that it wasn't always only this way. Motomura's 2006 book, Americans in Waiting, explored a prior era in which arriving immigrants were welcomed so long as they declared their intention to naturalize and become... 2015
Yehiel S. Kaplan Immigration Policy of Israel: the Unique Perspective of a Jewish State 31 Touro Law Review 1089 (2015) Israel was established in an attempt to create a shelter for Jews in the Diaspora. The Law of Return was enacted several years after the end of the Second World War. The Israeli legislature assumed that since Jews have suffered harsh persecutions and anti-Semitism throughout history, as a minority group, it is legitimate to discriminate in favor of... 2015
Rebecca A. Hufstader Immigration Reliance on Gang Databases: Unchecked Discretion and Undesirable Consequences 90 New York University Law Review 671 (May, 2015) The Obama Administration has historically expanded the availability of deferred action, which provides a reprieve from the threat of deportation and work authorization to certain undocumented immigrants, through the creation of the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent... 2015
Polly J. Price Infecting the Body Politic: Observations on Health Security and the "Undesirable" Immigrant 63 University of Kansas Law Review 917 (May, 2015) As this Symposium took place in late 2014, Ebola hysteria was in full sway in the United States. In September 2014, as the Ebola epidemic in West Africa worsened, Director of the Centers for Disease Control and Prevention Thomas Freidan warned Congress that it was inevitable that the Ebola virus would enter the U.S., carried unknowingly by a... 2015
Robbie J. Totten, Ph.D. International Relations, Material and Military Power, and United States Immigration Policy: American Strategies to Utilize Foreigners for Geopolitical Strength, 1607 to 2012 29 Georgetown Immigration Law Journal 205 (Winter 2015) What is the relationship between immigration and United States material and military interests? What policies and laws have American leaders devised to use immigrants for geopolitical strength? These questions are important because they shed light on historical and mechanistic facets of U.S. immigration policy and law, an important transnational or... 2015
Madeline M. Gomez Intersections at the Border: Immigration Enforcement, Reproductive Oppression, and the Policing of Latina Bodies in the Rio Grande Valley 30 Columbia Journal of Gender and Law 84 (2015) A series of events in 2014 brought significant attention to the United States-Mexico border. Over the summer, reports of an influx of undocumented Central American immigrants began circulating. Though most coverage mentioned only children crossing the border, many of these young migrants traveled alongside their mothers. Reports of this influx... 2015
Emily Ryo Less Enforcement, More Compliance: Rethinking Unauthorized Migration 62 UCLA Law Review 622 (March, 2015) A common assumption underlying the current public discourse and legal treatment of unauthorized immigrants is that unauthorized immigrants are lawless individuals who will break the law -- any law -- in search of economic gain. This notion persists despite substantial empirical evidence to the contrary. Drawing on original empirical data, this... 2015
Anna Carron Marriage-based Immigration for Same-sex Couples after Doma: Lingering Problems of Proof and Prejudice 109 Northwestern University Law Review 1021 (Summer 2015) Introduction. 1022 I. Background: Marriage in the Immigration Context. 1025 A. Immigration Law Restrictions and Preferential Treatment for Spouses of U.S. Citizens. 1026 B. Only Valid and Bona Fide Marriages Count for Immigration Purposes. 1027 C. Procedures for Obtaining a Spousal Visa. 1030 D. Discretion and Deference in the Immigration... 2015
César Cuauhtémoc García Hernández Naturalizing Immigration Imprisonment 103 California Law Review 1449 (December, 2015) Only recently has imprisonment become a central feature of both civil and criminal immigration law enforcement. Apart from harms to individuals and communities arising from other types of immigration enforcement, such as removal, imprisonment comes with its own severe consequences, and yet it is relatively ignored. This Article is the first to... 2015
Molly E. Kammien No More Band-aid Solutions: Improving Immigration Reform by Addressing the Root Causes of Mexican Migration and Refining Foreign Direct Investment 80 Brooklyn Law Review 503 (Winter, 2015) The root causes of migration are nuanced and complicated. People choose to migrate for numerous reasons including pleasure, poverty, unemployment, war, and exploitation. While migration has almost always been a popular topic in the United States, very few Congressional conversations about immigration reform have addressed the root causes of... 2015
Jennifer M. Chacón Producing Liminal Legality 92 Denver University Law Review 709 (2015) Inside and outside of the sphere of immigration law, liminal legal statuses are proliferating. These legal categories function simultaneously as a means to effectuate administrative resource conservation through community-oriented risk management strategies and as a form of preservation through transformation that enable governmental actors to... 2015
Kevin J. Fandl, J.D., Ph.D. Putting States out of the Immigration Law Enforcement Business 9 Harvard Law & Policy Review 529 (Summer 2015) A federal district court struck down Arizona's anti-immigrant smuggling law in November 2014, asserting that the law attempts to usurp federal immigration enforcement authority. The month prior, an en banc panel of the Ninth Circuit Court of Appeals tossed out a different Arizona anti-immigration law that denied bail to unlawful immigrants charged... 2015
Kevin R. Johnson Racial Profiling in the War on Drugs Meets the Immigration Removal Process: the Case of Moncrieffe V. Holder 48 University of Michigan Journal of Law Reform 967 (Summer, 2015) In Moncrieffe v. Holder, the Supreme Court held that the Board of Immigration Appeals could not remove a long-term lawful permanent resident from the United States based on a single misdemeanor conviction for possession of a small amount of marijuana. The decision clarified the meaning of an aggravated felony for purposes of removal, an important... 2015
David A. Martin Resolute Enforcement Is Not Just for Restrictionists: Building a Stable and Efficient Immigration Enforcement System 30 Journal of Law & Politics 411 (Spring 2015) In this essay I defend the importance of resolute enforcement in sustaining generous immigration policy, particularly America's singularly high lawful admission levels and relatively successful immigrant integration record. Drawing on my experiences in government service, I explore the risks to humane policy when the public perceives that migration... 2015
Philip L. Torrey Rethinking Immigration's Mandatory Detention Regime: Politics, Profit, and the Meaning of "Custody" 48 University of Michigan Journal of Law Reform 879 (Summer, 2015) Immigration detention in the United States is a crisis that needs immediate attention. U.S. immigration detention facilities hold a staggering number of persons. Widely believed to have the largest immigration detention population in the world, the United States detained approximately 478,000 foreign nationals in Fiscal Year 2012. U.S. Immigration... 2015
R. Mark Frey Strange Neighbors: the Role of States in Immigration Policy Edited by Carissa Byrne Hessick and Gabriel J. Chin New York University Press, New York, Ny, 2014. 266 Pages, $45 62-SEP Federal Lawyer 84 (September, 2015) Our nation has been stretched taut since its beginning by the pull between federal power and states' rights concerning matters such as abortion, zoning, civil rights, and, yes, even immigration. Although immigration is traditionally viewed as within the federal purview, in recent years the states have tried to resolve some of the problems... 2015
Katherine E. Otto The Foreign National Prisoner's Dilemma in the United Kingdom: the Human Rights Implications of Restricting Article 8 Claims 24 Transnational Law & Contemporary Problems 431 (Fall 2015) I. Introduction. 432 II. Development of U.K. Immigration Policies. 433 A. 1971 Immigration Act. 433 B. 2006 Backlash. 434 C. The Use of Article 8 by Foreign National Offenders. 435 D. 2012 Immigration Rule Changes and Controversy. 435 III. The 2014 Immigration Act. 439 IV. Advantages of the New Law. 441 A. Public Appeasement. 441 B. Public Safety.... 2015
Caitlin Cavanagh, Elizabeth Cauffman , University of California, Irvine The Land of the Free: Undocumented Families in the Juvenile Justice System 39 Law and Human Behavior 152 (April, 2015) Approximately 8 million Latinos in the United States are undocumented immigrants, nearly half of whom are parents to a minor. Concerns over deportation may affect the way families with undocumented members perceive legal authorities relative to documented immigrant families. Yet, there have been few studies on how Latinos (documented or... 2015
Adam B. Cox, Cristina M. Rodríguez The President and Immigration Law Redux 125 Yale Law Journal 104 (October, 2015) In November 2014, President Obama announced his intention to dramatically reshape immigration law through administrative channels. Together with relief policies announced in 2012, his initiatives would shield nearly half the population of unauthorized immigrants from removal and enable them to work in the United States. These events have drawn... 2015
Hiroshi Motomura The President's Dilemma: Executive Authority, Enforcement, and the Rule of Law in Immigration Law 55 Washburn Law Journal L.J. 1 (Fall 2015) My topic for the 2015 Foulston Siefkin lecture was the President's authority to undertake what in immigration law has come to be called executive actions to grant temporary reprieves from deportation. The broad question that framed my comments was whether these measures are within or beyond the President's authority as set out and limited by the... 2015
Christian Briggs The Reasonableness of a Race-based Suspicion: the Fourth Amendment and the Costs and Benefits of Racial Profiling in Immigration Enforcement 88 Southern California Law Review 379 (January, 2015) Claudia, a Mexican American with family roots in the United States since the mid-1800s, walked out of a grocery store, happily chatting with her three young children in Spanish as they walked toward her car. Before arriving at her car, she was stopped by government officials and asked for proof of citizenship. Speaking to the officers in... 2015
Jaya Ramji-Nogales The Right to Have Rights: Undocumented Migrants and State Protection 63 University of Kansas Law Review 1045 (May, 2015) We are in the midst of a national conversation, albeit raucous and vitriolic, about questions of membership and belonging. As Congress repeatedly fails to take action on comprehensive immigration reform, the Executive exercises its authority to determine which migrants should be eligible to remain, becoming incorporated into our polity, and which... 2015
Carrie L. Rosenbaum The Role of Equality Principles in Preemption Analysis of Sub-federal Immigration Laws: the California Trust Act 18 Chapman Law Review 481 (Spring 2015) In December 2014 the Obama Administration acknowledged the serious critiques of Secure Communities and replaced it with the Priority Enforcement Program (PEP). The United States Department of Homeland Security's Secure Communities program had been subject to extensive and prolonged critique, and quantitative data suggested that it did not deter... 2015
Andrew Haile The Scandal of Refugee Family Reunification 56 Boston College Law Review 273 (January, 2015) Abstract: Headlines have highlighted the plight of unaccompanied children seeking asylum at our southern border. Some political pundits have called this a crisis, casting blame for the migrant influx on our outdated and confusing immigration policies. Yet further away from the border, another group of migrants--all of whom have already resettled... 2015
Patrick J. Charles The Sudden Embrace of Executive Discretion in Immigration Law 55 Washburn Law Journal 59 (Fall 2015) In recent years, immigration law scholars known for criticizing federal plenary power over immigration are openly embracing it. This includes Professor Hiroshi Motomura, who has not only defended executive disrection over immigration enforcement under a myriad of legal theories, but was also instrumental in influencing President Barack H. Obama's... 2015
Juan C. Quevedo The Troubling Case(s) of Noncitizens: Immigration Enforcement Through the Criminal Justice System and the Effect on Families 10 Tennessee Journal of Law and Policy 386 (Spring, 2015) Close your eyes and imagine yourself a homeless mother, moving from one place to another every six months. Imagine how you would feel, alone with no friends or family to ask for help. You-in this imaginary world-are undocumented to people, and no matter how much you try, no one is reaching out to help you. Instead, your first name becomes... 2015
22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39