Tag: Immigration

Crossing Over: Why Attorneys (and Judges) Should Not be Able to Cross-Examine Witnesses Regarding Their Immigration Statuses for Impeachment Purposes

Colin Miller - The John Marshall Law School

You are sitting in an empty bar (in a town you’ve never before visited), drinking a Bacardi with a soft-spoken acquaintance you barely know.  After an hour, a third individual walks into the tavern and sits by himself, and you ask your acquaintance who the new man is.  “Be careful… Read More »

Learning to Live with Unequal Justice: Asylum and the Limits to Consistency

Stephen H. Legomsky - Washington University School of Law

This Article is about consistency in adjudication. I explore why consistency matters, what its determinants are, and whether it can be substantially achieved at a price that is worth paying.
This Article is also about the United States asylum adjudication system. Asylum challenges the national conscience in distinctive ways. It… Read More »

Ask, Don’t Tell: Ethical Issues Surrounding Undocumented Workers’ Status in Employment Litigation

Christine N. Cimini - University of Denver Sturm College of Law

The presence of an estimated 11.5 million undocumented immigrants in the United States, of which an estimated 7.2 million are working, has become a flashpoint in the emerging national debate about immigration. With undocumented immigrants participating in the workforce in such numbers, disputes between employers and employees regarding the employment… Read More »

Refugee Roulette: The U.S. Asylum System, Pervaded by Chance, Demands Reform

Jaya Ramji-Nogales & Philip G. Schrag & Andrew I. Schoenholtz

Arbitrary government action is antithetical to the rule of law. It is most abhorrent when it can result in imprisonment, torture, or death, as can occur when a refugee’s petition for asylum is denied.
In many ways, the United States has quite a good system for adjudicating applications for asylum… Read More »