The Immigration Battle in American Courts

The Immigration Battle in American Courts PDF Author: Anna O. Law
Publisher: Cambridge University Press
ISBN: 113948916X
Category : Political Science
Languages : en
Pages : 281

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Book Description
This book assesses the role of the federal judiciary in immigration and the institutional evolution of the Supreme Court and the US Courts of Appeals. Neither court has played a static role across time. By the turn of the century, a division of labor had developed between the two courts whereby the Courts of Appeals retained their original function as error-correction courts, while the Supreme Court was reserved for the most important policy and political questions. Law explores the consequences of this division for immigrant litigants, who are more likely to prevail in the Courts of Appeals because of advantageous institutional incentives that increase the likelihood of a favorable outcome. As this book proves, it is inaccurate to speak of an undifferentiated institution called 'the federal courts' or 'the courts', for such characterizations elide important differences in mission and function of the two highest courts in the federal judicial hierarchy.

The Immigration Battle in American Courts

The Immigration Battle in American Courts PDF Author: Anna O. Law
Publisher: Cambridge University Press
ISBN: 9780521767088
Category : Political Science
Languages : en
Pages : 282

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Book Description
This book assesses the role of the federal judiciary in immigration and the institutional evolution of the Supreme Court and the U.S. Courts of Appeals. Neither court has played a static role across time. By the turn of the century, a division of labor had developed between the two courts whereby the Courts of Appeals retained their original function as error-correction courts, while the Supreme Court was reserved for the most important policy and political questions. Anna O. Law explores the consequences of this division for immigrant litigants, who are more likely to prevail in the Courts of Appeals because of advantageous institutional incentives that increase the likelihood of a favorable outcome. As this book proves, it is inaccurate to speak of an undifferentiated institution called "the federal courts" or "the courts," for such characterizations elide important differences in mission and function of the two highest courts in the federal judicial hierarchy.

The President and Immigration Law

The President and Immigration Law PDF Author: Adam B. Cox
Publisher: Oxford University Press
ISBN: 0190694386
Category : Law
Languages : en
Pages : 361

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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.

The Schoolhouse Gate

The Schoolhouse Gate PDF Author: Justin Driver
Publisher: Vintage
ISBN: 0525566961
Category : Law
Languages : en
Pages : 578

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Book Description
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.

Learn about the United States

Learn about the United States PDF Author: U.S. Citizenship and Immigration Services
Publisher: Government Printing Office
ISBN: 9780160831188
Category : Juvenile Nonfiction
Languages : en
Pages : 36

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Book Description
"Learn About the United States" is intended to help permanent residents gain a deeper understanding of U.S. history and government as they prepare to become citizens. The product presents 96 short lessons, based on the sample questions from which the civics portion of the naturalization test is drawn. An audio CD that allows students to listen to the questions, answers, and civics lessons read aloud is also included. For immigrants preparing to naturalize, the chance to learn more about the history and government of the United States will make their journey toward citizenship a more meaningful one.

Crimmigration Law

Crimmigration Law PDF Author: César Cuauhtémoc García Hernández
Publisher:
ISBN: 9781641059459
Category : Family & Relationships
Languages : en
Pages : 304

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Book Description
Crimmigration Law is a must-read for law students and practitioners seeking an introduction to the complex legal doctrine and practice challenges at the merger of immigration and criminal law.

Border Wars

Border Wars PDF Author: Julie Hirschfeld Davis
Publisher: Simon and Schuster
ISBN: 1982117419
Category : Political Science
Languages : en
Pages : 480

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Book Description
Two New York Times Washington correspondents provide a detailed, “fact-based account of what precipitated some of this administration’s more brazen assaults on immigration” (The Washington Post) filled with never-before-told stories of this key issue of Donald Trump’s presidency. No issue matters more to Donald Trump and his administration than restricting immigration. Julie Hirschfeld Davis and Michael D. Shear have covered the Trump administration from its earliest days. In Border Wars, they take us inside the White House to document how Stephen Miller and other anti-immigration officials blocked asylum-seekers and refugees, separated families, threatened deportation, and sought to erode the longstanding bipartisan consensus that immigration and immigrants make positive contributions to America. Their revelation of Trump’s desire for a border moat filled with alligators made national news. As the authors reveal, Trump has used immigration to stoke fears (“the caravan”), attack Democrats and the courts, and distract from negative news and political difficulties. As he seeks reelection in 2020, Trump has elevated immigration in the imaginations of many Americans into a national crisis. Border Wars identifies the players behind Trump’s anti-immigration policies, showing how they planned, stumbled and fought their way toward changes that have further polarized the nation. “[Davis and Shear’s] exquisitely reported Border Wars reveals the shattering horror of the moment, [and] the mercurial unreliability and instability of the president” (The New York Times Book Review).

American by Birth

American by Birth PDF Author: Carol Nackenoff
Publisher: University Press of Kansas
ISBN: 0700634215
Category : Law
Languages : en
Pages : 304

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Book Description
American by Birth explores the history and legacy of Wong Kim Ark and the 1898 Supreme Court case that bears his name, which established the automatic citizenship of individuals born within the geographic boundaries of the United States. In the late nineteenth century, much like the present, the United States was a difficult, and at times threatening, environment for people of color. Chinese immigrants, invited into the United States in the 1850s and 1860s as laborers and merchants, faced a wave of hostility that played out in organized private violence, discriminatory state laws, and increasing congressional efforts to throttle immigration and remove many long-term residents. The federal courts, backed by the Supreme Court, supervised the development of an increasingly restrictive and exclusionary immigration regime that targeted Chinese people. This was the situation faced by Wong Kim Ark, who was born in San Francisco in the 1870s and who earned his living as a cook. Like many members of the Chinese community in the American West he maintained ties to China. He traveled there more than once, carrying required reentry documents, but when he attempted to return to the United States after a journey from 1894 to 1895, he was refused entry and detained. Protesting that he was a citizen and therefore entitled to come home, he challenged the administrative decision in court. Remarkably, the Supreme Court granted him victory. This victory was important for Wong Kim Ark, for the ethnic Chinese community in the United States, and for all immigrant communities then and to this day. Though the principle had links to seventeenth-century English common law and in the United States back to well before the American Civil War, the Supreme Court’s ruling was significant because it both inscribed the principle in constitutional terms and clarified that it extended even to the children of immigrants who were legally barred from becoming citizens. American by Birth is a richly detailed account of the case and its implications in the ongoing conflicts over race and immigration in US history; it also includes a discussion of current controversies over limiting the scope of birthright citizenship.

Lady Justice

Lady Justice PDF Author: Dahlia Lithwick
Publisher: Penguin
ISBN: 0525561404
Category : Law
Languages : en
Pages : 369

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Book Description
Winner of the LA Times Book Prize in Current Interest An instant New York Times Bestseller! “Stirring . . . Lithwick’s approach, interweaving interviews with legal commentary, allows her subjects to shine...Inspiring.” —New York Times Book Review “In Dahlia Lithwick’s urgent, engaging Lady Justice, Dobbs serves as a devastating bookend to a story that begins in hope.” —Boston Globe Dahlia Lithwick, one of the nation’s foremost legal commentators, tells the gripping and heroic story of the women lawyers who fought the racism, sexism, and xenophobia of Donald Trump’s presidency—and won In the immediate aftershocks of Donald Trump’s victory over Hilary Clinton in 2016, women lawyers across the country, independently of one another, sprang into action. They were determined not to stand by while the Republican party did everything in their power to pursue devastating and often retrograde policies. In Lady Justice, Dahlia Lithwick, one of the nation’s foremost legal commentators, illuminates these many heroes of the Trump years. From Sally Yates and Becca Heller, who fought the Muslim travel ban, to Roberta Kaplan, who sued the neo-Nazis in Charlottesville, to Stacey Abrams, who worked to protect the voting rights of millions of Georgians, Lithwick dramatizes in thrilling detail the women lawyers who worked tirelessly to hold the line against the most chaotic presidency in living memory. A celebration of the legal ingenuity and indefatigable spirit of the women whose work all too often went unrecognized at the time, Lady Justice is destined to be treasured and passed from hand to hand for generations to come.

American Immigration: Our History, Our Stories

American Immigration: Our History, Our Stories PDF Author: Kathleen Krull
Publisher: HarperCollins
ISBN: 0062381148
Category : Juvenile Nonfiction
Languages : en
Pages : 280

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Book Description
Award-winning author Kathleen Krull takes an in-depth historical look at immigration in America—with remarkable stories of some of the immigrants who helped build this country. With its rich historical text, fascinating sidebars about many immigrants throughout time, an extensive source list and timeline, as well as captivating photos, American Immigration will become a go-to resource for every child, teacher, and librarian discussing the complex history of immigration. America is a nation of immigrants. People have come to the United States from around the world seeking a better life and more opportunities, and our country would not be what it is today without their contributions. From writers like Chimamanda Ngozi Adichie, to scientists like Albert Einstein, to innovators like Elon Musk, this book honors the immigrants who have changed the way we think, eat, and live. Their stories serve as powerful reminders of the progress we’ve made, and the work that is still left to be done.