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Full-Text Articles in Immigration Law

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ Mar 3004

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ

University of Miami Inter-American Law Review

No abstract provided.


The Case Against Absolute Judicial Immunity For Immigration Judges Jun 2019

The Case Against Absolute Judicial Immunity For Immigration Judges

Law & Inequality: A Journal of Theory and Practice

A federal regulation states that immigration hearings shall be open to the public. Courts and scholars also have located a right to observe these proceedings in the First Amendment. And yet immigration judges (IJ) have excluded members of the press and other observers from hearings for no stated legal reasons, thus effectively eliminating public scrutiny of proceedings that affect millions of citizens and non-citizens in the United States. In response to a lawsuit pursuing monetary, injunctive, and declaratory relief after an IJ ordered guards to remove a reporter from a federal building, an Eleventh Circuit panel held IJs have absolute ...


Immigration Policy: A Look At Its History And Its Future, Melisa Fumbarg Jun 2019

Immigration Policy: A Look At Its History And Its Future, Melisa Fumbarg

Journal of the National Association of Administrative Law Judiciary

This comment will examine immigration in the United States, specifically by addressing questions involving the constitutionality of Deferred Action for Childhood Arrivals (DACA) and removal procedures. Part II will look at the historical background of immigration policy in the United States, including past amnesties and the latest reform, DACA. Part III will analyze DACA and why it was rescinded. Part IV will discuss one the most detrimental consequences of DACA being rescinded—deportation, and the constitutional limits of removal procedures. Part V will deploy some future predictions on immigration and the next steps Congress should take to ensure that there ...


Sueños De Tánger: Extraterritorial Basque Crime Fiction On Immigration To Spain, Shanna Lino Jun 2019

Sueños De Tánger: Extraterritorial Basque Crime Fiction On Immigration To Spain, Shanna Lino

Studies in 20th & 21st Century Literature

As the world increasingly turns its attention to the European refugee crisis and to the 1.8 million who have arrived on that continent since 2014 as a consequence of being forced to flee their native countries’ war-torn cities and villages, questions continue to arise regarding the ethical and political responsibilities of Western nations to facilitate this exodus and to provide refugee and immigration services en route and at destination. Spain remains the intended port of arrival for thousands of Malians, Mauritanians, Moroccans, and Western Saharans who sometimes manage to escape war and extreme poverty only to find themselves stalled ...


'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills Jun 2019

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore ...


The Public Charge Rule As Public Health Policy, Medha D. Makhlouf Jun 2019

The Public Charge Rule As Public Health Policy, Medha D. Makhlouf

Faculty Journal Articles

A recent Gallup poll found that health care, the economy, and immigration are the top three most important political issues for U.S. voters. Public charge policy—which relates to the admission of noncitizens based on the likelihood that they will not become dependent on the U.S. government for support—lies at the intersection of these three topics. At the same time, immigration and welfare reform are prominent agenda items for the current administration. On October 10, 2018, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking that would transform public charge policy that has existed ...


Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten Jun 2019

Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten

Criminology and Criminal Justice Faculty Publications

This article analyses United States (US) federal court jurisprudence to determine the legal rights of unaccompanied alien children (UAC) in various stages of immigration enforcement proceedings. After briefly discussing statistics on UAC in the US, it explains the legal context of US laws governing unaccompanied minors. Through examining 40 cases decided by the 12 US Circuit Courts of Appeals and various federal district courts, the article specifies how these courts interpreted and expanded on the procedural legal rights of UAC upon apprehension by immigration officials, during placement or detention decisions of the Office of Refugee Resettlement (ORR), prior to voluntary ...


The Public Charge Rule As Public Health Policy, Medha Makhlouf May 2019

The Public Charge Rule As Public Health Policy, Medha Makhlouf

Medha D. Makhlouf

A recent Gallup poll found that health care, the economy, and immigration are the top three most important political issues for U.S. voters.  Public charge policy—which relates to the admission of noncitizens based on the likelihood that they will not become dependent on the U.S. government for support—lies at the intersection of these three topics. At the same time, immigration and welfare reform are prominent agenda items for the current administration.  On October 10, 2018, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking that would transform public charge policy that has existed ...


Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie May 2019

Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie

Immigration and Human Rights Law Review

Article 1 section 8 of the United States Constitution give the U.S. government enumerated powers to establish a uniform rule on Naturalization. To carry out these duties, 8 U.S. Code § 1227 gives the government the power to initiate removal proceedings against non citizens who are undocumented or may have lost their status in the U.S. However, before removal proceedings commence, the government per 8 U.S. Code § 1229 has to send a Notice to Appear (NTA) to the non-citizen. An NTA is a written notice given to the non-citizen about the nature of proceedings against the non-citizen ...


The Border Wall: An Ineffective Solution, Shivangi Mehta May 2019

The Border Wall: An Ineffective Solution, Shivangi Mehta

Immigration and Human Rights Law Review

When Donald Trump (“Trump”) announced his candidacy for President, one of his most controversial platforms was “build[ing] a great wall…on our southern border and…hav[ing] Mexico pay for [it].”On January 25, 2017, just months after Trump was elected President of the United States, Trump signed his first Executive Order regarding border security. This Executive Order found authority in past acts and the overall policy considerations of the executive branch. This article examines the relevant sections of the January 25, 2017 Executive Order, the history of the border between the United States and Mexico, costs of border ...


Unitary Theory, Consolidation Of Presidential Authority, And The Breakdown Of Constitutional Principles In Immigration Law, Grant Wilson May 2019

Unitary Theory, Consolidation Of Presidential Authority, And The Breakdown Of Constitutional Principles In Immigration Law, Grant Wilson

Immigration and Human Rights Law Review

This paper will argue that beginning with President Reagan the adoption of unitary theory as a central tenet in presidential administrations created a now ongoing consolidation of executive regulatory authority. This consolidation of power has considerably accelerated over the course of the last four decades. As Courts continue to defer to the executive in decisions made within the broad grants of power delegated by Congress, the relevance of the legislative body dwindles. The checks on executive assumption of power have largely been removed. The wall between the executive and the administrative have crumbled, and what were once considered unofficially separate ...


The Trump Administration's Impact On F-1 And J-1 Visas, Laura Caty May 2019

The Trump Administration's Impact On F-1 And J-1 Visas, Laura Caty

Immigration and Human Rights Law Review

President Donald Trump is known throughout the world for continuously promoting “the wall” between Mexico and the United States. Since his inauguration in 2016, President Trump has pushed the legislature to fund construction of a physical barrier on the southern border of the United States. Not only is the wall an actual construct, but the wall also represents his entire approach to immigration law. Mexican residents are not the only ones suffering from the Trump administration's policies. While targeting Southern neighbors and undocumented or “illegal” immigrants, Trump has also created difficulties across the entire visa process for legal immigrants ...


Immigration Enforcement And The Future Of Discretion, Shoba Wadhia May 2019

Immigration Enforcement And The Future Of Discretion, Shoba Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.


National Security, Immigration And The Muslim Bans, Shoba Wadhia May 2019

National Security, Immigration And The Muslim Bans, Shoba Wadhia

Shoba Sivaprasad Wadhia

National security language has continued to guide the creation and defense of Executive Orders and related immigration policies issued in the Donald J. Trump administration. This Article builds on earlier scholarship examining the relationship between national security and immigration in the wake of September 11, 2001, under the Obama administration, and during the campaign leading to the 2016 Election. While the Article is largely descriptive, it ultimately questions the longevity of using national security to create and defend immigration law. This Article is limited in scope -- it does not provide a deep dive into the constitutionality of the Muslim bans ...


Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia May 2019

Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.


Is The United States Safely Repatriating Unaccompanied Children? Law, Policy, And Return To Guatemala, Karen S. Baker May 2019

Is The United States Safely Repatriating Unaccompanied Children? Law, Policy, And Return To Guatemala, Karen S. Baker

University of Miami Law Review

The United States regularly removes unaccompanied immigrant children and returns them to their countries of origin, with numbers rising rapidly in recent years. The United States has moral and legal obligations to this group of children. Rooted in deep moral underpinnings, the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 requires the government to establish policies and procedures to effectuate the safe repatriation of unaccompanied children. However, now more than a decade later, the U.S. government has failed to delineate its practices promoting safe return and, in addition to a general lack of transparency, the scant information available ...


North Korean Defectors In South Korea And Asylum Seekers In The United States: A Comparison, Emma Poorman May 2019

North Korean Defectors In South Korea And Asylum Seekers In The United States: A Comparison, Emma Poorman

Northwestern Journal of Human Rights

North Korean defectors are considered citizens of South Korea under the South Korean Constitution, while others that flee violence gain the legal status of “refugee.” North Korean defectors, who attempt to escape one of the worst human rights crises in the world, find themselves in a unique situation. What benefits does this status have? How are refugees typically treated abroad, such as in the United States? This Comment will explore this unique status, how it differs from refugee status in the United States, and the challenges North Korean defectors face in South Korea.


Bill Clinton, George W. Bush, And Immigration Policy: How 9/11 Transformed The Debate Over Illegal Immigration, Robert Nelsen May 2019

Bill Clinton, George W. Bush, And Immigration Policy: How 9/11 Transformed The Debate Over Illegal Immigration, Robert Nelsen

War and Society (MA) Theses

Since the terrorist attacks of September 11, 2001, Americans have been at war against some form of terrorism both at home and abroad. This includes abuses of federal immigration laws and policies that relate to legal and illegal immigration with Mexico. It is easily substantiated that thousands of Americans have died at the hands of illegal immigrants from Mexico through criminal activity in the United States or through illegal drug trafficking. This thesis considers whether the immigration policies of Presidents Bill Clinton and George W. Bush were at fault for not properly securing the border prior to these attacks. Specifically ...


California Rural Legal Assistance Employment Education Outreach Project, Daisy Leon Melendrez May 2019

California Rural Legal Assistance Employment Education Outreach Project, Daisy Leon Melendrez

Capstone Projects and Master's Theses

California Rural Legal Assistance is a nonprofit law firm that provides no cost legal services to low-income individuals in Santa Cruz County. The social problem is that too many workers face employment rights violations. The agency problem is a reduction in the number of people seeking employment legal services from CRLA. This outreach project focused on spreading awareness of CRLA’s employment legal services by attending local grocery stores and farmer’s market, with the purpose of promoting agency’s services to the community. Agency materials were distrusted and a questionnaire was used to determine why people are not seeking ...


A Credible Fear: The Politics Of Gang Violence In The Northern Triangle, Jane E. Dowd May 2019

A Credible Fear: The Politics Of Gang Violence In The Northern Triangle, Jane E. Dowd

All Dissertations, Theses, and Capstone Projects

This thesis will create an argument for how the victims of gang violence from the Northern Triangle nations of El Salvador, Guatemala, and Honduras qualify for asylum in the United States based on a well-founded fear of persecution. An analysis of the legal framework of the asylum system in the United States, profiles of the two largest gangs in the Northern Triangle the Mara Salvatrucha and Barrio 18, a profile of the asylum seekers arriving at the United States border, the criminal activity that the gangs engage in, and the way that this activity is political in nature will form ...


Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski May 2019

Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski

All Dissertations, Theses, and Capstone Projects

This case study introduces an arts camp methodology of engaging communities in identifying their key cultural heritage features, thus serving as a meta study. It presents original research based on field studies on the climate-vulnerable Caribbean island of Barbuda during 2017 and 2018. Its Valued Cultural Elements survey, enabling precise identification of key tangible and intangible art forms and biocultural practices, may serve as a basis for further studies. Such approaches may facilitate future research or planning as climate-vulnerable communities harness Local or Indigenous Knowledge for purposes of biocultural heritage preservation, or towards adaptation or relocation. I report on findings ...


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law May 2019

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.


Using 42 U.S.C. § 1985(2) To Challenge Dragnet Immigration Enforcement At State Courthouses, Cameron Sheldon May 2019

Using 42 U.S.C. § 1985(2) To Challenge Dragnet Immigration Enforcement At State Courthouses, Cameron Sheldon

UC Irvine Law Review

Shortly into the Trump presidency in 2017, Immigration and Customs Enforcement (ICE) began to have an active presence at the municipal court in Gardendale, Alabama. When individuals were brought in on minor offenses or violations, court personnel used racial markers such as language and surname to identify them as potential targets for removal. ICE would then close in to interrogate, detain, and deport them in short order. This collaboration between court personnel and ICE was corroborated by documents obtained in response to a 2017 Freedom of Information Act request. Specifically, an email chain in the documents confirmed that ICE had ...


Illegal Encouragement: The Federal Statute That Makes It Illegal To “Encourage” Immigrants To Come To The United States And Why It Is Unconstitutionally Overbroad, Lauren D. Allen Apr 2019

Illegal Encouragement: The Federal Statute That Makes It Illegal To “Encourage” Immigrants To Come To The United States And Why It Is Unconstitutionally Overbroad, Lauren D. Allen

Boston College Law Review

Section 1324(a)(1)(A)(iv) of Title 8 of the United States Code makes it illegal to “encourage” an alien to come to or reside in the United States. Since that section’s 1986 amendment, the circuits have struggled to adopt a consistent definition for “encourage.” Though some circuits have adopted a broad definition, the Third Circuit has explicitly taken a different route, applying a narrower construction. In addition to these different constructions, the two circuits that addressed the potential overbreadth issue of this subsection have reached contrary conclusions. This Note argues that this provision is facially unconstitutional under ...


British Government Information Resources, Bert Chapman Apr 2019

British Government Information Resources, Bert Chapman

Libraries Faculty and Staff Creative Materials

Provides an overview of British Government information resources. Contents include basic British economic and political background and information from British Government websites including the Department of Environment, Food, and Rural Affairs (DEFRA), Brexit related material produced by British government agencies such as the Department for Exiting the European Union,, the Ministry of Defence, the National Museum of the Royal Navy, the Home Office Visas and Immigration Section, the Office of National Statistics, Her Majesty's Treasury, the British Parliament including parliamentary committees and research agencies, the website of Member of Parliament (MP) Jacob Rees-Mogg (Conservative-North East Somerset), a webcast of ...


Ledezma-Cosino V. Sessions: The Ninth Circuit Maintains Archaic View That Alcoholism Is A Moral Character Flaw, Corey Timpson Apr 2019

Ledezma-Cosino V. Sessions: The Ninth Circuit Maintains Archaic View That Alcoholism Is A Moral Character Flaw, Corey Timpson

Golden Gate University Law Review

This Note focuses on one historically uncommon way in which courts decide to deport an undocumented immigrant seeking cancellation of removal. The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in Ledezma-Cosino v. Sessions found an undocumented immigrant seeking cancellation of removal ineligible because he was considered a “habitual drunkard.” Ultimately, his case was reheard en banc where the Ninth Circuit vacated the original three-judge panel opinion and upheld the Immigration Judge and the Board of Immigration Appeals’ decision finding Ledezma-Cosino ineligible for cancellation of removal because he was a habitual drunkard.

The first part of this ...


Precarious Citizenship: Asian Immigrant Naturalization 1918 To 1925 Apr 2019

Precarious Citizenship: Asian Immigrant Naturalization 1918 To 1925

Law & Inequality: A Journal of Theory and Practice

During the height of the exclusion era, when Asian immigrants were prohibited from naturalizing and becoming United States citizens, state and federal court judges around the country naturalized at least 500 Asian immigrant servicepersons and veterans. Between 1918 and 1925, Federal Bureau of Naturalization officials and state and federal court judges had to determine whether the military naturalization provisions enacted in 1918 included the same racial restrictions that the general naturalization provisions included. This Article tells the story of how these officials and judges navigated statutory text, congressional intent, and the reality of Asian immigrant membership in the United States ...


Deference Condoning Apathy: Social Visibility In The Eleventh Circuit, Adriana C. Heffley Apr 2019

Deference Condoning Apathy: Social Visibility In The Eleventh Circuit, Adriana C. Heffley

Georgia State University Law Review

This Note examines the history of the social-visibility requirement for Particular Social Groups in Eleventh Circuit asylum claims and the adjudication disparities that have resulted from its imposition in the southeastern United States. Part I of this Note introduces the asylum application process, examines the historical treatment of Particular Social Groups nationally, and traces the recent restrictions on Particular Social Groups within the Eleventh Circuit in particular. Part II compares the Eleventh Circuit’s treatment of Particular Social Groups to treatment in the Third and Seventh Circuits and considers how previously successful claims for asylum would fare under the current ...


U.S. Citizens Detained And Deported? A Test Of The Great Writ's Reach In Protecting Due Process Rights In Removal Proceedings, Caroline Holliday Apr 2019

U.S. Citizens Detained And Deported? A Test Of The Great Writ's Reach In Protecting Due Process Rights In Removal Proceedings, Caroline Holliday

Boston College Law Review

Every year, the U.S. government unlawfully detains a significant number of U.S. citizens and places them in immigration removal proceedings. Before the United States Court of Appeals for the Tenth Circuit’s 2018 decision in Gonzalez-Alarcon v. Macias, four circuits had held that an individual in removal proceedings with a valid claim to U.S. citizenship need not exhaust administrative remedies before the claim could be subject to judicial review. With its decision in Gonzalez-Alarcon, the Tenth Circuit joined the majority of circuits that have ruled on this issue and asserted the right of such an individual to ...


How To Decrease The Immigration Backlog: Expand Representation And End Unnecessary Detention, Kara A. Naseef Apr 2019

How To Decrease The Immigration Backlog: Expand Representation And End Unnecessary Detention, Kara A. Naseef

University of Michigan Journal of Law Reform

This Note recommends federal policy reform and local implementation in order to decrease the immigration backlog and protect the rights of non-citizens in immigration proceedings. Although non-citizens hold many of the fundamental rights and freedoms enumerated in the Constitution, several core rights— including due process and the right to counsel—are not rigorously upheld in the context of immigration proceeding. By carefully regulating expanded access to representation and ending unnecessary immigration detention, the Executive Office of Immigration Review and Congress will ensure the swift administration of justice and protect non-citizens under the federal government’s jurisdiction.