The criminal prosecution of immigration—principally for illegal entry and reentry, alien smuggling, and document fraud—has reached an all-time high. Not since Prohibition has a single category of crime been prosecuted in such record numbers by the federal government. Immigration, which now constitutes over half of the federal criminal workload, has… Read More »
Female genital mutilation (FGM), the practice of cutting or otherwise damaging the genitalia of women and girls, is a cultural tradition in some third-world countries. Although the practice is widespread in parts of the world, many women and girls participate unwillingly. After all, FGM has severe short- and long-term health… Read More »
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 »
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 »
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 »
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 »