Volume 38, Number 2 (Winter 2024)

Volume 38 Masthead, Winter 2024


The Toll Paid When Adjudicators Err: Reforming Appellate Review Standards for Refugees
Charles Shane Ellison

Articulating and Claiming the Right to Stay in the Context of Climate Change
Monica Visalam Iyer and Kerilyn Schewel


Superpowers With Villainous Objectives: How the Executive Branch’s Immigration Enforcement “Powers” Utilize Technology to Violate Noncitizens’ Privacy
Nina-Simone Edwards

The Climate Migrant Financing Facility: Flexible Contracting and Strict Transparency for the Looming Climate Migration Crisis
William H. Cálix

Volume 38, Number 1 (Fall 2023)

Volume 38 Masthead, Fall 2023


From Dred Scott to Anchor Babies: White Supremacy and the Contemporary Assault on Birthright Citizenship
Sandra L. Rierson

International Digital Nomads: Immigration Law Options in the United States and Abroad
Scott Titshaw


The Sixth Ground: Why Adding Gender/Sexuality to the Grounds for Asylum Would Better Serve the Needs of LGBT Asylum Seekers
Nathan Schneider

Escaping the Silence: Identifying Asylum Pathways for Environmental Activists Based on Domestic Violence Precedent
Chase Ford

Volume 37, Number 3 (Spring 2023)

Volume 37 Masthead, Spring 2023


Insurgent Citizenship: How Consumer Complaints on Immigration Scams Inform Justice and Prevention Efforts
Juan Manuel Pedroza, Anne Schaufele, Viviana Jimenez, Melissa Garcia Carrillo, and Dennise Onchi-Molin

Community Sponsorships for Refugees and Other Forced Migrants: Learning from Outside and Inside the United States
Janine Prantl


A Hungry Child Should Know No Politics: How the U.S. Material Support Statute Has Excessively Criminalized Humanitarian Relief and Has Unintentionally Barred Innocent Asylum-Seekers from the United States
Anastasia Bradatan

Humanitarian Parole: A Tale of Two Crises
Alexandra Ciullo

Current Development

An Intersectional Argument for the Abolition of the “Protected Ground” Framework
Rebekah Rosenberg

Volume 37, Number 2 (Winter 2023)

Volume 37 Masthead, Winter 2023


Speculative Immigration Policy
Matthew Boaz

Alienating Criminal Procedure
Amy F. Kimpel


The State of Disability-Based Asylum Claims Under Current (and Reinterpreted) Law: Assessing Viability Through Disability Studies Frameworks
Lauren Hodges

Remittances and Global Development
Seamus A. Howard

They Are Here Because We Were There: COFA Migrants in the United States
Charles Hirsch Peskin

Volume 37, Number 1 (Fall 2022)

Volume 37 Masthead, Fall 2022


Facts versus Discretion: The Debate over Immigration Adjudication
Jayanth K. Krishnan

Article II Judges: Section 238’s Violation of Separation of Powers
Connor Bartlett McDermott

Deploying International Law to Combat Forced Labor in Immigration Detention Centers
Azadeh Shahshahani and Kyleen Burke


Stuck on the Backburner: An Analysis of USCIS’s Backlog of Immigration Applications and Potential Reforms
Ryan J. Fennell

State-Sanctioned Abuses at the U.S.-Mexico Border: Using the Inter-American Commission on Human Rights to Hold the United States to Account
Megan Monteleone

Making ‘Universal Basic Income’ Universal: An Argument for Residency Based UBI over Citizenship Based UBI
Jacob Nava

Current Development

Capitalism: A Sinking Island Why The Current Regime Is Unable to Meet the Migration Demands of Climate Change
Myles Douglas Young

Securing a Durable Right to Asylum: Comparing Access to Protection Under the European and Inter-American Systems
Jason Zubata

Volume 36, Number 3 (Spring 2022)

Volume 36 Masthead, Spring 2022


Love in the Time of ICE: How Parents without Papers Are Stripped of the Right to Raise their Children in a Safe and Healthy Environment
Asees Bhasin

Surviving Crime and Facing Deportation: U Visas as a Defense Against Removal in a System of Divided Agency Jurisdiction
Alison J. Coutifaris

Rethinking the Global Governance of Migrant Domestic Workers: The Heterodox Case of Informal Filipina Workers in China
Yiran Zhang


Deportable Until Essential: How the Neoliberal U.S. Immigration System Furthers Racial Capitalism and Operates as a Negative Social Determinant of Health
Prashasti Bhatnagar

The Immigration & National Security Nexus: Balancing Security, Openness, and Humanity
Aysha A. Chowdhry

Naturalizing Through Military Service: Who Decides?
Christopher Clifton

Weakening the Deportation Pipeline By Encouraging Local Law Enforcement Agencies to Terminate their 287(g) Agreements: Local Strategies Grounded in Administrative and Moral Implications
Erin Griffard

“To Give to This Citizen That Which Is His Own”: Justice Black’s Originalist Interpretation of the Fourteenth Amendment Citizenship Clause in Afroyim v. Rusk
Ibad Jafri

Current Development

Putin’s Refugee Crisis: The United States and European Union Must Expand Access to Both Ukrainian and Russian Refugees Driven Away by Putin’s War of Aggression
Joseph Meyer

Volume 36, Number 2 (Winter 2022)

Volume 36 Masthead, Winter 2022


Virtually Incredible: Rethinking Deference to Demeanor When Assessing Credibility in Asylum Cases Conducted by Video Teleconference
Liz Bradley and Hillary Farber

Dreaming with Dreamers when DACA Is at Risk: An Innovative and Legally Defensible Student-Community Partnership Model to Bolster Financial Support for Undocumented College Students
William C. Kidder

The ‘Impractical and Anomalous’ Consequences of Territorial Inequity
Jayanth K. Krishnan

Framing and Contesting Unauthorized Work
Angela D. Morrison

Abolishing Citizenship: Resolving the Irreconcilability Between “Soil” and “Blood” Political Membership and Anti-Racist Democracy
Steven Sacco


The Particular Harms of the “Good Immigrant” versus “Bad Immigrant” Construction on Black Immigrants in the United States
Sophia DenUyl

Embracing Refugees: A Revival Solution for Shrinking American Cities
Silvia M. Radulescu

Revitalizing and Reforming International Asylum Law: A Proposal to Add Gender to the Refugee Definition
Michelle Shapiro

No Parent Left Behind: Seeking Equality for Parents of U.S. Citizens
Jesus Torres-Rojas

Current Developments

Borders Are the Real Crisis: A Public Health Perspective on the Need for Dismantling Imagined Borders
Prashasti Bhatnagar

U.S. Economic Intervention Abroad: Lift Sanctions to Relieve Migratory Pressure
Jacqueline Braslow

United States v. Carrillo-Lopez Is Transforming Immigration Law: Will It Survive Appellate Review?
Nicole Newman

Volume 36, Number 1 (Fall 2021)

Volume 36 Masthead, Fall 2021 


Punishing with Impunity: The Legacy of Risk Classification in Immigration Detention
Robert Koulish and Kate Evans

Refugees, Refoulement, and Freedom of Movement: Asylum Seekers’ Right to Admission and Territorial Asylum
Timothy E. Lynch

The Call for the Progressive Prosecutor to End the Deportation Pipeline
Talia Peleg

Who Gets to Make a Living? Street Vending in America
Joseph Pileri

Public Health and the Power to Exclude: Immigrant Expulsions at the Border
Sarah Sherman-Stokes

Detention as Deterrent: Denying Justice to Immigrants and Asylum
Maureen A. Sweeney, Sirine Shebaya, and Dree K. Collopy


Legal Black Holes at the U.S.-Mexico Border: An Evaluation of Cross-Border Harms and the Shortcomings of International and Domestic Law in Providing Remedies
Victoria Ochoa

Rotten to the Core: Racism, Xenophobia, and the Border and Immigration Agencies
Sophia Porotsky

A “Binary Choice” for Families in ICE Detention: Examining the Legitimation Costs of Litigating the Flores Settlement Agreement
Gina Starfield

Toward an Inclusive Unemployment Insurance Fund: Reimagining Income Replacement in California
Cole Waldhauser

Human Rights in Our Backyard: Utilizing a Truth Commission and Principles of Transitional Justice to Address Atrocities Committed Against Asylum Seekers in the United States
Katie Wiese

Current Developments

15,000 Haitian Migrants Beneath a Bridge: A Tale of Abusive Title 42 Policy Implementation
Elazar Kosman

Immigration Inadmissibility and COVID-19 Vaccination: Who Benefits and Who is Left Behind?
Alexis Manson

Operation Allies Welcome: The United States’ Plan to Relocate Over 65,000 Afghan Asylum Seekers
Anna Nagler

Volume 35, Number 3 (Spring 2021)


The Convention Against Torture and Non-refoulement in U.S. Courts
Trent Buatte

Social Media and Online Persecution
Liane M. Jarvis Cooper

Unseen Policies: Trump’s Little-Known Immigration Rules as Executive Power Grab
Jaclyn Kelley-Widmer


Charting a Course Toward a Legal Challenge in At-Sea Interdiction and Custody Scenarios: Habeas Corpus as a Light on the Horizon
Kristen R. Bradley

Buying Your Way Out of the Convention: Examining Three Decades of Safe Third Country Agreements in Practice
Jacqueline Lewis

Citation, Not Deportation: Broadening Sanctuary Policy through Abolitionist Alternatives
Austin Rose

Truth and Trauma: Exploring the Merits of Non-adversarial Asylum Hearings
Johanna Selberg

Increasing Access to Higher Education for Asylum Seekers
Iman Siddiqi

Current Developments

When No One Answers the Call: How the Shipping Industry Is Sustaining Search and Rescue Operations in the Mediterranean
Christopher Clifton

70,000 Returned to Mexico Through the Migrant Protection Protocols: Just Bad Policy or Illegal As Well?
Lauren Gambardella

Guilty Until Proven “Essential”: A Meritocratic Pathway to Citizenship for Undocumented Workers
Afton Izu

The Erasure of Middle Eastern and North African Immigrants from the American Narrative: A Case for Adding a MENA Category to the United States Census
Sarah Jonny

Volume 35, Number 2 (Winter 2021)


Co-opting Coronavirus, Assailing Asylum
Ashley Binetti Armstrong

Sites of (Mis)Translation: The Credible Fear Process in United States Immigration Detention 
Kif Augustine-Adams & D. Carolina Núñez

An Innovative Approach to Movement Lawyering: An Immigrant Rights Case Study
Christine Cimini & Doug Smith

Certified Disaster: A Failure at the Intersection of the U Visa and the Child Welfare System
Danielle Kalil

Legal Limbo as Subordination: Immigrants, Caste, and the Precarity of Liminal Status in the Trump Era
Nina Rabin


Constructing Sexuality and Gender Identity for Asylum through a Western Gaze: The Oversimplification of Global Sexual and Gender Variation and Its Practical Effect on LGBT Asylum Determinations 
Michael Kareff

Does Fear of Immigration Trump Love for Fetal Life? How Trump’s Policies Quietly Endanger Migrant Fetuses in Spite of the Administration’s Pro-life Agenda
Lauren A. Varga

Current Developments

Reunite Separated Families: A Call to the Biden Administration to Rectify the Impact of Trump’s Zero-Tolerance Immigration Policy 
Asmita Deswal

The Syrian Refugee Crisis, Ten Years Later: How the United States Can Improve Its Response 
Jessica Doumit

(No) Libre by Nexus: The Fight against Immigrant E-Carceration and Exploitation
Lisa Ledvora

Descendants of Holocaust Refugees Face Maze of Discriminatory and Arbitrary Requirements in Reclaiming German Citizenship 
Cameron B. Wolfe

Volume 35, Number 1 (Fall 2020)


In re L-A-C-: A Pragmatic Approach to the Burden of Proof and Corroborating Evidence in Asylum Proceedings
Patrick J. Glen

Lawyering Over the Line: Teaching Crisis Lawyering With Law Students Serving Asylum Seekers In Mexico
Kayleen Hartman

Curtailing the Deportation of Undocumented Parents in the Best Interest of the Child
Bill Ong Hing and Lizzie Bird

Constitutional and Procedural Pathways to Freedom from Immigration Detention: Increasing Access to Legal Representation
Aditi Shah


Beyond Credible Fear: Enforcement of The Leahy Law and the Role the Asylum System Should Play
Ibrahim Ali

The Fairness for High-Skilled Immigrants Act: The First Step to Comprehensive Immigration Reform
David Blumenthal

ICE Detention Through U.S. Marshals Agreements
Ellyn Jameson

Current Developments

Public Health As Pretext: The Evisceration of Asylum Law and Protections During a Pandemic
Prashasti Bhatnagar

Who Does America Want?
Jarienn James

Post-Matter of A-B-, The Ninth Circuit Joins the First and Sixth Circuits in Finding Domestic Violence-Based Asylum Claims Are Still Viable
Michael Kareff and Jorge Roman-Romero

Dreamers: Filled With Worry, Hope, and Resilience
Maria Fernanda Pimienta

Volume 34, Number 3 (Spring 2020)


Cultivating Civic Belonging for Resettled Refugees
Megan J. Ballard

Ending Forced Labor in ICE Detention Centers: A New Approach
Jonathon Booth

Crim-Imm Lawyering
Marisol Orihuela


Screen Door, Side Door, Closed Door: How Immigration Policies for Three Homogenous States are Decidedly Not “Open”
Josh Cohen

Department of Homeland Security v. Thuraissigiam: The Suspension Clause and the Preservation of the Separation of Powers
Benjamin Hayes

Weapons of Mass Deportation: Big Data and Automated Decision-Making Systems in Immigration Law
Estefania McCarroll

European Court of Justice Says “I Do” to Expanding the Acquis Communautaire on Free Movement Rights to Include Same-Sex Marriage
Tendai Mukau

Operation Paper Chase, ICE sting Operations, and the Case Against the University of Farmington: Arguing the Entrapment, Estoppel, and Outrageous Government Conduct Defenses in Immigration Court and Beyond
Joseph Tahbaz

Current Developments

Making Sense of Prolonged Immigration Detention in a Post-Jennings World
Grace Benton

A Framework for the Future of Climate Refugees
Evan Kielar

The Executive’s Power of the Purse in National Emergency: The President’s Plan  to Poach Defense Funds to Build the Wall
Jacqueline Lewis

Volume 34, Number 2 (Winter 2020)


The Adultification of Immigrant Children
Laila Hlass

Consent Is Not Discretion: The Evolution of SIJS and the Consent Function
Amy Joseph, Amy Pont, & Christina Romero

The ICCPR, Non-Self-Execution, and DACA Recipients’ Right to Remain in the United States
Timothy E. Lynch

The Boundaries of Habeas: Due Process, The Suspension Clause, and Judicial Review of Expedited Removal Under the Immigration and Nationality Act
Peter Margulies


“Speak Anglish:” Language Access and Due Process in Asylum Proceedings
Grace Benton

Rethinking the Law and Economics of Immigration Policy for High-Skilled Migrants in the Global Knowledge Economy
Samuel Gray

A Citizen By Any Other Name: Postcolonial Cop Out In Section 4, Article XIX of Vietnam’s Law on Nationality
Thanh D. Nguyen

Current Developments

The One-Two Punch to Asylum Seekers: How the Trump Administration Would Change Asylum as We Know It
David Blumenthal

Nearly Three Years After the Muslim Ban, Congress Seeks Clarity on the Ban and Its Waiver Program
Jessica Doumit

Migrant Protection Protocols and Due Process: The Southern District of California Rules Migrants Subject to MPP Have Right to Access Retained Counsel Before and During a Non-Refoulement Interview
Michael Kareff

The Trump Administration’s Third Country Transit Bar
Shelby McGuire Smith

Volume 34, Number 1 (Fall 2019)


The Strange and Unexpected Afterlife of Pereira v. Sessions
Patrick J. Glen & Alanna R. Kennedy

An Analysis of the Applications and Implications of Chevron Deference in Immigration
Jennifer Safstrom


Separating the Hands: Why Reorganization-Oriented Abolitionism Won’t Meaningfully Change ICE
Casey L. Chalbeck

Shoot Them! The Trump Administration’s Immigration Policy and its Effect on LGBTI Migrants and Asylum Seekers
Clara Mora

No Notice, No Problem? Credible Testimony and the Need for Corroboration Notice in the Context of Saravia v. Attorney General
Daniel O’Hara

Unaccompanied, Unnoticed, and Undereducated: An Analysis of the Administrative Challenges of Educating Unaccompanied Children in Federal Custody
Kate Rheaume

Current Developments

Children in Cages: A Legal and Public Health Crisis
Prashasti Bhatnagar

The Extraordinary Plight of Venezuelan Women: An Acute Example of the Need for Global Recognition as Refugees
Grace Fuscoe

The Department of Homeland Security and the Confusing State of Prospective U.S. Employment for Foreign Nationals Seeking Advanced Degrees
Clayton Laing

Volume 33, Number 3 (Spring 2019)


Removals to Somalia in Light of the Convention against Torture: Recent Evidence from Somali Bantu Deportees
Daniel J. Van Lehman and Estelle M. McKee

Case Comment

World Without Fong Yue Ting: Envisioning an Alternative Reality if the Dissenters Prevailed
Chris Westfall

Volume 33, Number 2 (Winter 2019)


The Travel Ban Decision, Administrative Law, and Judicial Method: Taking Statutory Context Seriously
Peter Margulies

Defending Refugees: A Case for Protective Procedural Safeguards in the Persecutor Bar Analysis
Charles Shane Ellison

Bureaucrats in Robes: Immigration “Judges” and the Trappings of “Courts”
Amit Jain


U.S. Intervention and Corrective Justice Require Open Borders
Kristin Rodil

Current Developments

The Ninth Circuit’s Decision to Strike Down the Port of Entry Bar: East Bay Sanctuary Covenant v. Trump
Michelle Mount

Volume 33, Number 1 (Fall 2018)


Unaccompanied Minors at the U.S.-Mexico Border: The Shifting Sands of Special Immigrant Juvenile Status
Richard F. Storrow

Finding a Home for Immigrant Stories: A Plea to Include Fiction Involving Immigrant Women in Law and Literature and Immigration Policy Courses
Sara Deutch Schotland

The Doctrine of Consular Nonreviewability in the Travel Ban Cases: Kerry v. Din Revisited
Desiree C. Schmitt


U.S. – Cuba Immigration Through the Lens of Executive Regulatory Policy: Understanding the Recent End to a Half Century of Special Immigration Regulations for Cuban Nationals
Lindsey Meyers

The Business of Immigration: Tracking Prison Privatization’s Influence on Immigration Policy
Alyssa Ray

Current Developments

The Legality of Sanctuary Cities
Grace Benton

U.S. Immigration and Customs Enforcement Use of Automated License Plate Reader Databases
Benjamin Hayes

“Turn that Plane Around!”: The Pending Decision on the Deportation of Asylum Seekers
Michelle Mount

Volume 32, Number 3 (Spring 2018)


Sovereign Resistance to Federal Immigration Enforcement in State Courthouses
Sarah Rogerson

Current Developments

Current Developments in Immigration Law: The Debate Surrounding “Birth Tourism”
Matthew D. Kugler

Volume 32, Number 2 (Winter 2018)


Fear and Loathing in the Present Political Context: The Incubus of Securitizing Immigration
Marvin L. Astrada


Women Qua Women: Using Feminist Theory to Catalyse the Gender Immigration Debate
Jared Allen

Book Review

God and the Illegal Alien, United States Immigration Law and a Theology of Politics by Robert W. Heimburger
Chelsea M. Baltes

Current Developments

Current Developments in Immigration Law: The Permanent Muslim Ban
Sirine Shebaya

Current Developments in the Judiciary: Garza v. Hargan, an Undocumented Minor’s Right to an Abortion
Alexandra Dumezich

Current Developments in the Executive Branch: Department of Homeland Security to Collect Social Media Information on Immigrants
Kristin Rodil

Volume 32, Number 1 (Fall 2017)


Ethics Issues Inherent in Special Immigrant Juvenile State Court Proceedings – Practical Proposals for Intractable Problems
Alexis Anderson

Promoting a Child Rights-Based Approach to Immigration in the United States
Olga Byrne

Immigration Law Allies and Administrative Law Adversaries
Jill E. Family


The Undocumented Workers’ Dilemma: Improving Workplace Rights for Undocumented Workers Through Labor Arbitration and Collective Bargaining
Conor Trombetta

Current Developments

Current Developments in Immigration Law: Changing Title IX Enforcement Under Secretary Devos and the Impact on Immigrant and Undocumented Students
Jessica Davidson

Current Developments in Immigration Law: Terminating Temporary Protected Status for El Salvador
Jared Allen

Volume 31, Number 3 (Spring 2017)


Non-Discrimination in Refugee and Asylum Law (Against Travel Ban 1.0 and 2.0)
Eunice Lee

Instilling Fear and Regulating Behavior: Immigration Law as Social Control
Lori A. Nessel

The Myth of Second Chances: Noncitizen Youth and Confidentiality of Delinquency Records
Beth K. Zilberman


Protecting Syrian Refugees: Short Term Solution to Unsustainable Burden and the Necessity of Eliciting Aid from the Global North
Ahmad El-Gamal

Arizona’s Anti-Immigration Law and the Pervasiveness of Racial Profiling
Paige Newman

Against Walls: How President Trump’s Walling Initiatives Undermine American Exceptionalism
Noah Smith

Current Developments

Current Developments in the Executive Branch: Sanctuary Cities under the Trump Administration, the Frontlines of the Battle for Immigration
Ahmad Al-Dajani

Supreme Court—October Term 2016 Review
John Paul DeWitt

Current Developments in the Legislative Branch: The Fair Day in Court for Kids Act: A Necessary but Unlikely Step to Increase Representation in Immigration Proceedings
Guohao Qu, Michael Fakhoury, James O’Toole, and Paul Mayer