Julianne Lee Tortured Language: Lawful Permanent Residents and the 212(h) Waiver 84 Fordham Law Review 1201 (December, 2015) Recent amendments to the Immigration and Nationality Act have greatly expanded the grounds for removal of lawful permanent residents (LPRs) and, at the same time, constricted judicial review of agency decisions to deport immigrants. Language added to the 212(h) waiver of inadmissibility has increased the number of LPRs that are now ineligible for... 2015
Cristina M. Rodríguez Toward Détente in Immigration Federalism 30 Journal of Law & Politics 505 (Spring 2015) In its efforts to enforce the immigration laws, the federal government has been challenged by the forces of federalism. Spurred in part by social movements and partisan and interest group politics, state and local police and political officials across the country have concluded that the federal government both under-enforces and over-enforces the... 2015
Mariela Olivares Unreformed: Towards Gender Equality in Immigration Law 18 Chapman Law Review 419 (Spring 2015) The history of American immigration law and policy has hills and valleys, twists and turns. When it comes to the inclusion and exclusion of socially and politically marginalized communities into the fabric of U.S. citizenship and society, U.S. immigration law is characterized by its inhospitality. Not surprising when considered against the backdrop... 2015
César Cuauhtémoc García Hernández Unseen Exclusions in Voting and Immigration Law 17 Berkeley Journal of African-American Law & Policy 168 (2015) Nineteen sixty-five proved monumental in the history of race relations in the United States. In New York, Malcolm X was assassinated, while in Selma, Alabama, state police officers attacked civil rights marchers in what would come to be known as Bloody Sunday. That fall, Congress enacted two pieces of legislation that promised to alter the United... 2015
Ange-Marie Hancock When Is Fear for One's Life Race-gendered? An Intersectional Analysis of the Bureau of Immigration Appeals's in re A-r-c-g- Decision 83 Fordham Law Review 2977 (May, 2015) In August 2014, the U.S. Board of Immigration Appeals (BIA) handed down a breakthrough decision, In re A-R-C-G-, permitting courts to consider domestic violence as a gendered form of persecution in a home country and thus grounds for asylum in the United States. Along with two other 2014 decisions, In re W-G-R- and In re M-E-V-G-, this case... 2015
Stephanie Groff Where to Draw the Line: the Egregiousness Standard in the Application of the Fourth Amendment in Immigration Proceedings and the Racial Profiling Exception 26 George Mason University Civil Rights Law Journal 87 (Fall 2015) In the early morning of September 19, 2006, a large group of men gathered in Kennedy Park, Danbury, Connecticut, seeking work as day laborers. Unbeknownst to these individuals, the Danbury Police Department (DPD) and Immigration and Customs Enforcement (ICE) agents began arriving at the park with the intention of carrying out a sting operation. The... 2015
Sherally Munshi You Will See My Family Became So American: Toward a Minor Comparativism 63 American Journal of Comparative Law 655 (Summer 2015) How does the appearance of racial difference shape our view of citizenship and national identity? This Article seeks to address that question by examining two early twentieth-century cases involving the naturalization of Indian immigrants to the United States. In United States v. Bhagat Singh Thind (1923), the Supreme Court determined that Hindus... 2015
Elizabeth Keyes Zealous Advocacy: Pushing Against the Borders in Immigration Litigation 45 Seton Hall Law Review 475 (2015) I. Introduction. 476 II. Justifying Zealousness. 483 A. Competing Approaches to Professional Conduct. 484 1. Alternatives to Zealous Advocacy. 484 2. Zealous Advocacy. 489 3. Debate Over a Unitary Standard or a Context-Specific Standard of Practice. 491 B. Justifying Zealous Advocacy for Immigration Practice. 494 1. Resources. 496 2. Procedural... 2015
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
Rodolfo D. Saenz Another Sort of Wall-building: How Crimmigration Affects Latino Perceptions of Immigration Law 28 Georgetown Immigration Law Journal 477 (Winter, 2014) The increased criminalization of immigration law has resulted in a number of problems that directly affect Latinos. For example, Latinos currently account for the vast majority of individuals detained in immigration detention and removed from the country. Furthermore, Latinos are the largest racial group sentenced to federal prison, and immigration... 2014
Kristin Bohman Avetisyan's Limited Improvements Within the Overburdened Immigration Court System 85 University of Colorado Law Review 189 (Winter 2014) In early 2012, the Board of Immigration Appeals (BIA) decided Matter of Avetisyan, overturning precedent that prohibited immigration judges from administratively closing an immigrant's case over the objection of either party. Avetisyan enables immigration judges to administratively close a case and remove it from their active dockets, subject to... 2014
Mariela Olivares Battered by Law: the Political Subordination of Immigrant Women 64 American University Law Review 231 (December, 2014) The Article explores the state of immigrant battered women in the United States, focusing on how their identity as a politically and culturally marginalized community impacts the measure of help that they receive. Specifically, the Article examines the 2012-2013 Violence Against Women Act (VAWA) reauthorization debate as an example of how... 2014
Christina Elhaddad Bed Time for the Bed Mandate: a Call for Administrative Immigration Reform 1 ALR Accord 32 (2014) C1-2Table of Contents Introduction 32 I. Brief History of Immigration Law, Plenary Power, the Bed Mandate, and Detention 36 II. The Importance of Prosecutorial Discretion 39 III. Lack of Enforceable Regulation 46 IV. Why Congress Must Eliminate the Bed Mandate 49 Conclusion 51 2014
Sara Daly Bordering on Discrimination: Effects of Immigration Policies/legislation on Indigenous Peoples in the United States and Mexico 38 American Indian Law Review 157 (2013-2014) Border security and state immigration legislation are issues that many Americans love to hate. By and large, there is little debate about the need for national security measures at the borders. However, when it comes to the implementation of policies that actually attempt border security and immigration enforcement, the end results risk stifling... 2014
Adina B. Appelbaum Challenging Crimmigration: Applying Padilla Negotiation Strategies Outside the Criminal Courtroom 6 Georgetown Journal of Law & Modern Critical Race Perspectives 217 (Fall, 2014) Crimmigration, the nexus of criminal and immigration law, means that each year, hundreds of thousands of noncitizens are arrested for minor or nonviolent crimes, convicted in criminal court, placed in immigration court deportation proceedings, and deported. The U.S. government has criminalized immigrants at an increasing rate over time, and law... 2014
Walker Moller Common Sense Preemption or Preempting Common Sense? A Call to Abandon Obstacle Preemption and Adopt Elevated Scrutiny of Local Legislation Targeting Undocumented Immigrants 33 Mississippi College Law Review 119 (2014) I. Introduction. 121 II. Background and History of Preemption Law. 123 A. Tools Traditionally Available to the Federal Courts When Performing Preemption Analysis. 123 1. Express Preemption. 123 2. Field Preemption. 124 3. Conflict Preemption and Its Subsets. 126 4. Presumption Against Preemption. 127 B. Preemption and the Regulation of Immigration... 2014
Stella Burch Elias Comprehensive Immigration Reform(s): Immigration Regulation Beyond Our Borders 39 Yale Journal of International Law 37 (Winter 2014) I. Introduction. 37 II. Immigration Federalism in Comparative Context. 41 III. Immigration Regulation in the United States. 44 IV. Immigration Regulation Beyond our Borders. 52 A. The German Model. 55 B. The Australian Model. 62 C. The Canadian Model. 71 V. The Future of Immigration Regulation in the United States. 78 A. Federal, State, and Local... 2014
Dagmar Rita Myslinska Contemporary First-generation European Americans: the Unbearable "Whiteness" of Being 88 Tulane Law Review 559 (February, 2014) Contemporary European immigrants face unique sociocultural and legal concerns that go beyond issues of race, class, national-origin, and accent discrimination. These concerns are not adequately addressed by laws protecting groups based on their national origins or ancestries. Scholarship and public discussions are silent on this topic. As a result,... 2014
Christopher N. Lasch Crimmigration and the Right to Counsel at the Border Between Civil and Criminal Proceedings 99 Iowa Law Review 2131 (July, 2014) Introduction. 2132 I. Gideon's Operative Proposition and the Court's Decision Rules Implementing It. 2136 A. The Operative Proposition: Does the Right to Counsel Protect More than the Fairness of a Criminal Trial?. 2136 B. Decision Rules Implementing the Right to Counsel in Criminal Cases. 2140 1. Gideon v. Wainwright (1963). 2140 2. Strickland v.... 2014
Maartje A. H. van der Woude , Joanne P. van der Leun , Jo-Anne A. Nijland Crimmigration in the Netherlands 39 Law and Social Inquiry 560 (Summer, 2014) For a long time the Netherlands has been internationally known for its tolerant and humane environment for first- and second-generation migrants. However, as in many European countries, over the past few decades the political debate on immigration has gradually grown more negative. Links between crime, security, migration, and integration have... 2014
Anna Williams Shavers Crossing the Border Through Immigration, Importation, Illicit and Other Means and the Implications for Human and Civil Rights 27 Journal of Civil Rights & Economic Development 501 (Winter, 2014) It's that fundamental belief--I am my brother's keeper, I am my sisters' keeper--that makes this country work. It's what allows us to pursue our individual dreams, yet still come together as a single American family. E pluribus unum. Out of many, one. America is enriched by diversity. It is preserved by unity. This symposium, Border Patrols: The... 2014
Jayesh M. Rathod Distilling Americans: the Legacy of Prohibition on U.s. Immigration Law 51 Houston Law Review 781 (Winter, 2014) Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the... 2014
Ashley Fukutomi Drawing the Curtain: Examining the Colorblind Rhetoric of Ruiz V. Robinson and its Implications 36 University of Hawaii Law Review 529 (Spring, 2014) I. Introduction. 529 II. Drawing the Curtain: Contextualizing Citizen-Children-of-Undocumented-Immigrants Within the Greater Social Narrative. 533 A. Enter Stage Left: U.S. Citizen-Children-of-Undocumented-Immigrants in the United States. 534 B. Enter Stage Right: Residency Tuition Policies. 537 III. Setting the Stage: A Legal Analysis of Ruiz v.... 2014
Albertina Antognini Family Unity Revisited: Divorce, Separation, and Death in Immigration Law 66 South Carolina Law Review Rev. 1 (Autumn, 2014) I. Introduction: Family Unity in Immigration Law. 2 II. The American Family. 9 A. Divorce. 10 B. Separation. 14 C. Death. 18 III. The Families of Immigration law. 20 A. Divorce. 22 1. No-Fault Divorce. 23 2. Fault-Based Divorce. 28 a. Battered Spouse Waiver. 29 b. Violence Against Women Act. 31 B. Separation. 33 1. No-Fault Separation. 33 2.... 2014
Natashia Tidwell Fragmenting the Community: Immigration Enforcement and the Unintended Consequences of Local Police Non-cooperation Policies 88 Saint John's Law Review 105 (Spring 2014) The police seek and preserve public favor, not by catering to public opinion, but by constantly demonstrating absolute impartial service to the law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws. -- Sir Robert Peel, the architect of modern policing Sir Robert Peel's idyllic... 2014
Samira Afzali, Esq. How 'Comprehensive' Is the Comprehensive Immigration Reform Bill? S. 744 and its Implications for Muslims, Arabs, South Asians, Somalis and Iranian Immigrants 35 Hamline Journal of Public Law and Policy 296 (Spring, 2014) At first glance, the past couple of years have been an exciting and promising opportunity for real immigration reform. Congress is considering a complete overhaul of our immigration system for the first time since the 1980s, under President Reagan's administration. Today, practitioners and advocates are hopeful and are generally encouraged by... 2014
Ashley Ham Pong Humanitarian Protections and the Need for Appointed Counsel for Unaccompanied Immigrant Children Facing Deportation 21 Washington and Lee Journal of Civil Rights and Social Justice 69 (Fall 2014) I. Introduction. 69 II. Overview of the Immigration System for Unaccompanied Immigrant Children. 71 A. Edwin's Story. 71 B. Apprehension and Detention of Children. 72 C. The Need for Appointed Counsel in Immigration Court Proceedings. 75 D. Challenges to the Government's Failure to Provide Appointed Counsel on Federal Grounds. 80 III. Common Forms... 2014
Michelle R. Slack Ignoring the Lessons of History: How the "Open Borders" Myth Led to Repeated Patterns in State and Local Immigration Control 27 Journal of Civil Rights & Economic Development 467 (Winter, 2014) No doubt local efforts to control immigration are on the rise. Arizona's Senate Bill 1070 is the most well-known example of this trend, though other examples exist as well. Most existing criticism attacks such efforts as violating the supposed exclusive federal control of the immigration sphere Yet, such arguments, in part, are based upon a myth... 2014
César Cuauhtémoc García Hernández Immigration Detention as Punishment 61 UCLA Law Review 1346 (June, 2014) Courts and commentators have long assumed, without significant analysis, that immigration detention is a form of civil confinement merely because the immigration proceedings of which it is part are deemed civil. This Article challenges that deeply held assumption. It harnesses the U.S. Supreme Court's instruction that detention's civil or penal... 2014
Nancy Morawetz , Natasha Fernández-Silber Immigration Law and the Myth of Comprehensive Registration 48 U.C. Davis Law Review 141 (November, 2014) This Article identifies an insidious misconception in immigration law and policy: the myth of comprehensive registration. According to this myth -- proponents of which include members of the Supreme Court, federal and state officials, and commentators on both sides of the immigration federalism debate--there exists a comprehensive federal alien... 2014
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