The Yale Law Journal

Immigration Law

Article

First-Person FOIA

Margaret B. Kwoka

This Article reveals that Freedom of Information Act requests at seven federal agencies are dominated by individuals seeking records about themselves, including immigration, investigation, and medical records. Yet FOIA is ill-suited to meet the vital needs of first-person requesters, and these reque…

Forum

Local Action, National Impact: Standing Up for Sanctuary Cities

Christine Kwon & Marissa Roy

 

Over the past year, cities have emerged as crucial sites of resistance. Using San Francisco and the sanctuary city litigation more broadly as a case study, this Essay argues that cities can and should take advantage of the Constitution’s federalism protections to resist federal intrusion onto loc…

Article

The President and Immigration Law Redux

Adam B. Cox & Cristina M. Rodríguez

In November 2014, President Obama announced his intention to dramatically reshape immigration law through administrative channels. Together with relief policies announced in 2012, his initiatives would shield nearly half the population of unauthorized immigrants from removal and en…

Forum

Uniformity and Integrity in Immigration Law: Lessons from the Decisions of Justice (and Judge) Sotomayor

Cristina M. Rodriguez

Though courts and scholars emphasize the importance of uniformity in the interpretation and application of federal immigration law, systemic complexity makes its achievement elusive. In the immigration opinions she has drafted to date on the Supreme Court, as well as in her extensive work reviewing …

Essay

An Immigration Gideon for Lawful Permanent Residents

Kevin R. Johnson


122 Yale L.J. 2394 (2013).

In evaluating the legacy of Gideon v. Wainwright, it is critical to remember that the Supreme Court’s decision rested on the Sixth Amendment right to counsel for the accused in criminal cases. American law sharply demarcates between the many rights available to criminal def…

Feature

Picking Winners: Olympic Citizenship and the Global Race for Talent

Ayelet Shachar

120 Yale L.J. 2088 (2011). 

Across the globe, countries are promoting strategic or expedited passport grants, whereby membership is invested in exceptionally talented individuals with the expectation of receiving a return: for Olympic recruits, this means medals. The spread of the talent-for-citize…

Forum

Comprehensive Immigration Reform and the Dynamics of Statutory Entrenchment

John D. Skrentny & Micah Gell-Redman

In his 2008 campaign, then-Democratic presidential candidate Barack Obama promised “comprehensive immigration reform.” Two years into his Administration, and despite continued efforts to promote reform, there has not even been a vote in Congress on a comprehensive bill. President Obama’s prede…

Note

Defining Family in Immigration Law: Accounting for Nontraditional Families in Citizenship by Descent

Victoria Degtyareva

120 Yale L.J. 862 (2011). 

Most immigrants who gain permanent residence or citizenship in the United States do so through familial relations. As a result, immigration authorities must constantly decide what constitutes a family. Unfortunately, the Immigration and Nationality Act (INA) provides li…

Comment

The Significance of Domicile in Lyman Trumbull's Conception of Citizenship

Mark Shawhan

119 Yale L.J. 1351 (2010).
 

Comment

Constructing America: Mythmaking in U.S. Immigration Courts

Margot K. Mendelson

119 Yale L.J. 1012 (2010). 

This Note argues that immigration courts have served and continue to serve as important sites for the perpetuation of national identity myths. By focusing on a subset of cases called “cancellation of removal,” I examine the functional criteria by which immigrants are gra…

Article

The President and Immigration Law

Adam B. Cox & Cristina M. Rodríguez

119 Yale L.J. 458 (2009). 

The plenary power doctrine sharply limits the judiciary’s power to police immigration regulation—a fact that has preoccupied immigration law scholars for decades. But scholars’ persistent focus on the distribution of power between the courts and the political branches has…

Comment

INA Section 242(g): Immigration Agents, Immunity, and Damages Suits

Sameer Ahmed

119 Yale L.J. 625 (2009). 

Forum

Minorities, Immigrant and Otherwise

Kevin R. Johnson

Anupam Chander’s article Minorities, Shareholder and Otherwise brilliantly offers a “conservative” justification for a U.S. constitutional law truly dedicated to fairness and justice for all. It does so by counterintuitively looking to the bottom-line-oriented world of corporate law. This comm…

Note

Enforcing the Treaty Rights of Aliens

Laura Moranchek Hussain

117 Yale L.J. 680 (2008).

Despite the Supremacy Clause’s declaration that treaties are the “Law of the Land,” efforts to incorporate treaties that guarantee individual rights into domestic law have been stymied by a wave of political opposition. Critics argue that giving these treaties the force of…

Forum

Immigration Reform: Back to the Future

Senator John Cornyn

Forum

Aligning Immigration and Workplace Law, One Step at a Time

Annie Decker

Federal immigration reform has seized public attention for the first time since Congress last made major changes in immigration policy in 1996. People are taking to the streets and engaging in heady debates about what being a nation of immigrants really means. Our answer will shape the workplaces of…

Forum

Backlash at the Booth: Latino Turnout After H.R. 4437

Alvaro Bedoya

The Latino community has mobilized as never before in response to H.R. 4437, the punitive immigration bill sponsored by Rep. James Sensebrenner (R-WI). Newspapers declared that the marches in Los Angeles, Dallas, Phoenix, and Chicago marked “a new day of Hispanic political involvement.” More tha…

Comment

Non-Self-Executing Treaties and the Suspension Clause After St. Cyr

Stephen I. Vladeck

113 Yale L.J. 2007 (2004)

Ogbudimkpa v. Ashcroft, 342 F.3d 207 (3d Cir. 2003).

In INS v. St. Cyr, the Supreme Court rejected Congress's attempt to foreclose judicial review in various provisions of the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 and the Illegal Immigration Reform …

Comment

Security with Transparency: Judicial Review in "Special Interest" Immigration Proceedings

Rashad Hussain

113 Yale L.J. 1333 (2004)

Much of the debate regarding post-September 11 counterterrorism initiatives has centered on the potentially damaging effects of these policies on constitutionally protected rights. Many observers have weighed the balance that the government has struck between national securi…

Comment

Reorganization as a Substitute for Reform: The Abolition of the INS

Jeffrey Manns

112 Yale L.J. 145 (2002)

September 11th and the events that followed highlighted the shortcomings of our nation's immigration policies and their enforcement. Gaffes, such as the issuance of student visas to two of the hijackers on the six-month anniversary of 9/11, reinforced public perceptions that …