Tag: Immigration

Prosecuting Immigration

Ingrid V. Eagly - UCLA Law School

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 »

Invisible and Involuntary: Female Genital Mutilation As A Basis For Asylum

Zsaleh E. Harivandi

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 »

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 »

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