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Author: Alison Peck Publisher: University of California Press ISBN: 0520381173 Category : Law Languages : en Pages : 239
Book Description
How the immigration courts became part of the nation’s law enforcement agency—and how to reshape them. During the Trump administration, the immigration courts were decried as more politicized enforcement weapon than impartial tribunal. Yet few people are aware of a fundamental flaw in the system that has long pre-dated that administration: The immigration courts are not really “courts” at all but an office of the Department of Justice—the nation’s law enforcement agency. This original and surprising diagnosis shows how paranoia sparked by World War II and the War on Terror drove the structure of the immigration courts. Focusing on previously unstudied decisions in the Roosevelt and Bush administrations, the narrative laid out in this book divulges both the human tragedy of our current immigration court system and the human crises that led to its creation. Moving the reader from understanding to action, Alison Peck offers a lens through which to evaluate contemporary bills and proposals to reform our immigration court system. Peck provides an accessible legal analysis of recent events to make the case for independent immigration courts, proposing that the courts be moved into an independent, Article I court system. As long as the immigration courts remain under the authority of the attorney general, the administration of immigration justice will remain a game of political football—with people’s very lives on the line.
Author: Alison Peck Publisher: University of California Press ISBN: 0520381173 Category : Law Languages : en Pages : 239
Book Description
How the immigration courts became part of the nation’s law enforcement agency—and how to reshape them. During the Trump administration, the immigration courts were decried as more politicized enforcement weapon than impartial tribunal. Yet few people are aware of a fundamental flaw in the system that has long pre-dated that administration: The immigration courts are not really “courts” at all but an office of the Department of Justice—the nation’s law enforcement agency. This original and surprising diagnosis shows how paranoia sparked by World War II and the War on Terror drove the structure of the immigration courts. Focusing on previously unstudied decisions in the Roosevelt and Bush administrations, the narrative laid out in this book divulges both the human tragedy of our current immigration court system and the human crises that led to its creation. Moving the reader from understanding to action, Alison Peck offers a lens through which to evaluate contemporary bills and proposals to reform our immigration court system. Peck provides an accessible legal analysis of recent events to make the case for independent immigration courts, proposing that the courts be moved into an independent, Article I court system. As long as the immigration courts remain under the authority of the attorney general, the administration of immigration justice will remain a game of political football—with people’s very lives on the line.
Author: Virginia Barber-Rioja Publisher: NYU Press ISBN: 1479802603 Category : Psychology Languages : en Pages : 298
Book Description
PROSE Award- Psychology Finalist A timely and important contribution to the study of immigration court from a psychological perspective Every day, large numbers of immigrants undertake dangerous migration journeys only to face deportation or “removal” proceedings once they arrive in the U.S. Others who have been in the country for many years may face these proceedings as well, and either group may seek to gain lawful status by means of an application to USCIS, the benefits arm of the immigration system. Mental Health Evaluations in Immigration Court examines the growing role of mental health professionals in the immigration system as they conduct forensic mental health assessments that are used as psychological evidence for applications for deportation relief, write affidavits for the court about the course of treatment they have provided to immigrants, help prepare people emotionally to be deported, and provide support for immigrants in detention centers. Many immigrants appear in immigration court—often without an attorney if they cannot afford one—as part of deportation proceedings. Mental health professionals can be deeply involved in these proceedings, from helping to buttress an immigrant’s plea for asylum to helping an immigration judge make decisions about hardship, competency or risks for violence. There are a whole host of psycho-legal and forensic issues that arise in immigration court and in other immigration applications that have not yet been fully addressed in the field. This book provides an overview of relevant issues likely to be addressed by mental health and legal professionals. Mental Health Evaluations in Immigration Court corrects a serious deficiency in the study of immigration law and mental health, offering suggestions for future scholarship and acting as a vital resource for mental health professionals, immigration lawyers, and judges.
Author: Hiroshi Motomura Publisher: Oxford University Press, USA ISBN: 0199768439 Category : History Languages : en Pages : 361
Book Description
"A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--
Author: Adam B. Cox Publisher: Oxford University Press ISBN: 0190694386 Category : Law Languages : en Pages : 361
Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Author: Robert Thomas Publisher: Springer Nature ISBN: 3030889270 Category : Social Science Languages : en Pages : 240
Book Description
This book analyses how the system of immigration judicial reviews works in practice, as an area which has, for decades, constituted the majority of judicial review cases and is politically controversial. Drawing upon extensive empirical research and unprecedented research access, it explores who brings judicial review challenges against immigration decisions and why, the type of immigration decisions that are challenged, how cases proceed through the judicial review process, how cases are settled out of court, and how judicial review interacts with other legal and non-legal remedies. It also examines the quality of immigration judicial review claims and the quality of the initial administrative decisions being challenged. Through developing a novel account of the operation of the immigration judicial review system in practice and the lived experience of it by judges, representatives, and claimants, this book adds a significant new perspective to the wider understanding of judicial review.
Author: Bill Ong Hing Publisher: Aspen Publishing ISBN: 1543821308 Category : Law Languages : en Pages : 493
Book Description
Intended for use with the authors’ casebook, Immigration Law and Social Justice (2018), Immigration Law and Social Justice, 2020 Case and Statutory Supplement covers new federal cases, enforcement policies, and administrative decisions since the book’s publication. The 2020 Case and Statutory Supplement features: Supreme Court cases: Trump v. Hawaii (2018)—The third iteration of the President’s travel ban was deemed constitutional in that it included more than just Muslim-majority countries and there was consultation throughout the relevant administrative agencies. Sessions v. Dimaya (2018)—The term “crime of violence” is impermissibly vague with relation to the aggravated felony ground of deportability. Pereira v. Sessions (2018)—A defective Notice to Appear does not stop the clock in accumulating physical presence for purpose of cancellation of removal as a non-lawful permanent resident. Federal court decisions: Barbosa v. Barr (2019)—A conviction of robbery in the third degree under a particular Oregon statute is not categorically a crime involving moral turpitude. Ms. L, et al., v. ICE (2018)—The separation of migrant children from their parents at the border violates due process and is not in the public interest. County of Santa Clara v. Trump (2017)—The President’s executive order to withhold certain federal funds for so-called “sanctuary jurisdictions” violates the Tenth and Fifth Amendment rights of the cities and counties involved. Additional Updates regarding administrative decisions and actions made between 2017 and 2019.
Author: Adam Goodman Publisher: Princeton University Press ISBN: 0691204209 Category : History Languages : en Pages : 336
Book Description
"By most accounts, the United States has deported around five million people since 1882-but this includes only what the federal government calls "formal deportations." "Voluntary departures," where undocumented immigrants who have been detained agree to leave within a specified time period, and "self-deportations," where undocumented immigrants leave because legal structures in the United States have made their lives too difficult and frightening, together constitute 90% of the undocumented immigrants who have been expelled by the federal government. This brings the number of deportees to fifty-six million. These forms of deportation rely on threats and coercion created at the federal, state, and local levels, using large-scale publicity campaigns, the fear of immigration raids, and detentions to cost-effectively push people out of the country. Here, Adam Goodman traces a comprehensive history of American deportation policies from 1882 to the present and near future. He shows that ome of the country's largest deportation operations expelled hundreds of thousands of people almost exclusively through the use of voluntary departures and through carefully-planned fear campaigns that terrified undocumented immigrants through newspaper, radio, and television publicity. These deportation efforts have disproportionately targeted Mexican immigrants, who make up half of non-citizens but 90% of deportees. Goodman examines the political economy of these deportation operations, arguing that they run on private transportation companies, corrupt public-private relations, and the creation of fear-based internal borders for long-term undocumented residents. He grounds his conclusions in over four years of research in English- and Spanish-language archives and twenty-five oral histories conducted with both immigration officials and immigrants-revealing for the first time the true magnitude and deep historical roots of anti-immigrant policy in the United Statesws that s
Author: Alison Peck
Author: Alison Peck
Author: Robert Pauw
Author: Virginia Barber-Rioja
Author: Hiroshi Motomura
Author: United States
Author: Adam B. Cox
Author: Ira J. Kurzban
Author: Robert Thomas
Author: Bill Ong Hing
Author: Adam Goodman