All Articles tagged Immigration

• General
  March 04, 2024 EDT
  LESSONS FROM COLOMBIA’S RESPONSE TO VENEZUELAN FORCED DISPLACEMENT
  Raquel E. AldanaEfraín CruzSandra Morello PeñaKari Peterson

  This Article provides a preliminary assessment of Colombia's response to the mass displacement of Venezuelans, concluding with lessons and policy implications for refugee crises other countries around the world face.

• Justice Commentaries
  September 17, 2023 EDT
  THE RIGHT TO ASYLUM DURING THE COVID-19 PANDEMIC: A LEGAL REVIEW OF THE POWER TO EXPEL NONCITIZENS UNDER TITLE 42
  Michael Maio

  This Note delves into the legality, discriminatory use, and fabricated public health rationale of the Title 42 expulsion policy.

• Justice Commentaries
  August 16, 2023 EDT
  THE DANGERS OF ICE’S UNCHECKED REARREST POWER
  Talia Peleg

  This article is the first to examine rearrest before an adult non-citizen has been ordered removed or potentially even found to be removable.

• Justice Commentaries
  April 21, 2023 EDT
  PROCESS AS SUFFERING: HOW U.S. IMMIGRATION COURT PROCESS AND CULTURE PREVENT SUBSTANTIVE JUSTICE
  Christopher LevesqueKimberly HornerLinus Chan

  There is a form of double punishment unique to the immigration court system. Punishment occurs during the court process during removal proceedings and from removal from the U.S.

• General
  January 17, 2020 EDT
  THE SANCTUARY OF PROSECUTORIAL NULLIFICATION
  Zohra Ahmed

  This article examines the role local prosecutors can play to isolate cities and states from the federal immigration enforcement regime.

• State Constitutional Commentary
  September 13, 2019 EDT
  STATE COURTS, IMMIGRATION, AND POLITICS IN THE TRUMP ERA
  Cynthia Boyer

  This Article discusses the intersection between policy that regulates immigrant inflows and outflows; politics and its myths; and the judiciary at the state level in the Trump era.

• State Constitutional Commentary
  September 13, 2019 EDT
  JUDGES BEHAVING BADLY . . . CLINICS FIGHTING BACK: THE STRUGGLE FOR SPECIAL IMMIGRANT JUVENILES IN STATE DEPENDENCY COURTS IN THE AGE OF TRUMP
  Bernard P. Perlmutter

  This article evaluates the changing state judicial trends in SIJS cases and explores broader themes about state courts in a time of polarized attitudes towards immigrants.

• General
  December 12, 2018 EDT
  SHOULD MISPRISION OF A FELONY BE CONSIDERED A CRIME INVOLVING MORAL TURPITUDE?
  Elyssa Klein

  While there are few convictions for misprision of a felony, it is important to examine the circuit split because it demonstrates the current lack of uniformity in our immigration system.

• General
  January 01, 2018 EDT
  THE IMMIGRANT PARADOX: PROTECTING IMMIGRANTS THROUGH BETTER MENTAL HEALTH CARE
  Andrew F. Moore

  This article explores whether increased access to mental health care would help immigrants avoid the removal system and the needs of immigrants for mental health care.

• General
  April 30, 2017 EDT
  IS THE GAME STILL WORTH THE CANDLE (OR THE VISA)? HOW THE H-1B VISA LOTTERY LAWSUIT ILLUSTRATES THE NEED FOR IMMIGRATION REFORM
  Emily C. Callan

  The H-1B Visa Lottery has become less and less “fair,” as companies have conceived of savvy ways to heighten their chances of having USCIS select and approve their petitions.

• General
  June 15, 2016 EDT
  RUIZ-DIAZ V. UNITED STATES: RFRA, SUBSTANTIAL BURDEN, AND THE NINTH CIRCUIT’S CAUSATION-NEXUS REQUIREMENT—A WRINKLE OR A ROADBLOCK FOR FUTURE IMMIGRATION-RELATED RELIGIOUS FREEDOM CHALLENGES?
  Scott D. Pollock

  This article examines the Ruiz-Diaz decision and its effect on the question of whether the refusal of immigration benefits violates RFRA if religious-based exceptions are not made available.

• General
  August 08, 2009 EDT
  LA MIGRA IN THE MIRROR: IMMIGRATION ENFORCEMENT, RACIAL PROFILING, AND THE PSYCHOLOGY OF ONE MEXICAN CHASING AFTER ANOTHER
  Cesar Cuauhtemoc Garcia Hernandez

  Symposium remarks

• General
  May 08, 2009 EDT
  SLAVERY IN THE 21ST CENTURY AND IN NEW YORK: WHAT HAS THE STATE’S LEGISLATURE DONE?
  Kathleen K. Hogan

  This note examines the current proposed anti-trafficking statute and other past statutory proposals that have come from the New York State legislature.

• General
  January 08, 2009 EDT
  A NATIONALIST CRITIQUE OF LOCAL LAWS PURPORTING TO REGULATE THE HIRING OF UNDOCUMENTED WORKERS
  Adam L. Lounsbury

  This comment discusses the implications of federal supremacy on local laws designed to regulate the hiring of undocumented workers.

• General
  January 01, 2006 EDT
  THE QUINTESSENTIAL FORCE MULTIPLIER: THE INHERENT AUTHORITY OF LOCAL POLICE TO MAKE IMMIGRATION ARRESTS
  Kris W. Kobach

  This article describes the inherent legal authority upon which state and local police may act when making arrests in order to assist federal immigration enforcement.