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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.
Author: Anna O. Law
Publisher: Cambridge University Press
ISBN: 113948916X
Category : Political Science
Languages : en
Pages : 281
Get Book Here
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.
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.
Author: Alison Peck
Publisher: Univ of California Press
ISBN: 0520389662
Category : History
Languages : en
Pages : 239
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Book Description
"Despite public concern with the increasing politicization of U.S. immigration courts, few people are aware of the system's fundamental flaw: the immigration courts are not really 'courts' but an office of the Department of Justice--the nation's law enforcement agency. Alison Peck's original and surprising account 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, this book divulges both the human tragedy of our current immigration system and the human crises that led to its creation. 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." -- back cover.
Author: Robert Louis Brubaker
Publisher:
ISBN:
Category :
Languages : en
Pages : 442
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Book Description
Author: Kate Holladay Claghorn
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Carol Nackenoff
Publisher: University Press of Kansas
ISBN: 0700632883
Category : Social Science
Languages : en
Pages : 238
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Book Description
In this abridged edition for the Landmark Law Cases and American Society series, American by Birth is now available in a format designed for students and general readers and includes a chronology outlining the key points in the case plus a bibliographical essay. 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. because the Supreme Court’s ruling inscribed the principle in constitutional terms and clarified that it extended even to the children of immigrants who were legally barred from becoming citizens.
Author: Joanne I. Moore
Publisher: University of Washington Press
ISBN: 0295980613
Category : Law
Languages : en
Pages : 264
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Book Description
Hundreds of thousands of immigrants enter the United States each year, and the number appearing in U.S. courts is rising in many states. Immigrants in Courts addresses their access to justice in the United States and the procedural obstacles they face. Immigrants� cultural and linguistic dilemmas in court are explored through their words and the reports of judges, attorneys, and court interpreters. Techniques for responding to the problem are examined in this readable and informative text. Immigrants in Courts provides judges, court staff, and advocates with ready information about the legal and cultural systems under which many immigrants grew up. Legal experts discuss the legal systems of four countries--China, Mexico, Russia, and Vietnam--and of the Muslim world. They explore not only how the law appears on the books but how the general population of a country perceives its legal system and how perceptions affect expectations in the new country.
Author: Jeb Bush
Publisher: Simon and Schuster
ISBN: 1476713464
Category : Law
Languages : en
Pages : 304
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Book Description
The immigration debate divides Americans more stridently than ever, due to a chronic failure of national leadership by both parties. Bush and Bolick propose a six-point strategy for reworking our policies that begins with erasing all existing, outdated immigration structures and starting over. Their strategy is guided by two core principles: first, immigration is vital to America's future; second, any enduring resolution must adhere to the rule of law.
Author: J. J. Mulligan Sepulveda
Publisher: Melville House
ISBN: 1612198309
Category : Political Science
Languages : en
Pages : 257
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Book Description
"Inspiring and eye-opening..."— *starred* Booklist review “A compassionate and expert window into the netherworlds of immigration..."—Lauren Markham, author of The Far Away Brothers Now in paperback, with a new afterword by the author, an immigration lawyer's journalistic account of keeping American borders and dreams alive. In this powerful and personal narrative, a distinguished immigration lawyer guides us through the trials and terrors of modern immigration law. Beginning in a day in the life of an undocumented immigrant, Sepulveda proceedes through a processing intake and a heartwrenching court hearing. He takes us to a Texas border detention center where mothers and childen are essentially imprisoned, then on to New York's JFK airport during the weekend of Trump's infamous travel ban, where Sepulveda joined many other attorneys to provide pro bono legal counsel for passengers endangered with deportation. In this multi-faceted account of being on the front lines at one of the biggest crisis of our time, Sepulveda recounts growing up the son of a Latin American immigrant, his time in Spain as a Fulbright fellow to study Europe's ongoing migrant crisis and, in a new Afterword, his testimony before a Senate committee to advocate on behalf of undocumented youth.
Author: Michael Kagan
Publisher: University of Nevada Press
ISBN: 1948908514
Category : Political Science
Languages : en
Pages : 260
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Book Description
2020 Foreword INDIE awards winner "Day-to-day life in immigrant communities is described with refreshing clarity and heart... an unusually accessible primer on immigration law and a valuable guide to the ways it currently works to perpetuate an excluded immigrant underclass with diminished rights." —The New York Review of Books The national debate over American immigration policy has obsessed politicians and disrupted the lives of millions of people for decades. The Battle to Stay in America focuses on Las Vegas, Nevada–a city where more than one in five residents was born in a foreign country, and where the community is struggling to defend itself against the federal government’s crackdown on undocumented immigrants. Told through the eyes of an immigration lawyer on the front lines of that battle, this book offers an accessible, intensely personal introduction to a broken legal system. It is also a raw, honest story of exhaustion, perseverance, and solidarity. Michael Kagan describes how current immigration law affects real people’s lives and introduces us to some remarkable individuals—immigrants and activists—who grapple with its complications every day. He explains how American immigration law often gives good people no recourse. He shows how under President Trump the complex bureaucracies that administer immigration law have been re-engineered to carry out a relentless but often invisible attack against people and families who are integral to American communities. Kagan tells the stories of people desperate to escape unspeakable violence in their homeland, children separated from their families and trapped in a tangle of administrative regulations, and hardworking long-time residents suddenly ripped from their productive lives when they fall unwittingly into the clutches of the immigration enforcement system. He considers how the crackdown on immigrants negatively impacts the national economy and offers a deeply considered assessment of the future of immigration policy in the United States. Kagan also captures the psychological costs exacted by fear of deportation and by increasingly overt expressions of hatred against immigrants.
