Volume 33, Number 3 (Spring 2019)

Editorial Board and Advisory Staff

Georgetown Immigration Law Journal Editorial Board

Georgetown Immigration Law Journal Advisory Board

Articles

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

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

 Abstract:

          If the dissenters had written Fong Yue Ting, our immigration system would have many more protections for lawful permanent residents. This would promote fairness and increase the legitimacy of our immigration system. Procedurally, immigration cases would be adjudicated by the judiciary, instead of the executive branch. This would remove appellate decisions from the Attorney General’ s control and insulate these decisions from an administration’s policy goals. Further, the Fong Yue Ting dissent would provide a right to a jury trial for the severe punishment of deportation. This differs substantially from the current system, but it would reasonably realign immigration consequences and recognize the seriousness of banishment. Finally, the dissent would provide indigent lawful permanent residents facing removal with appointed counsel. This would result in increased appearance rates, a fairer adversarial system, more efficient court proceedings, and less wasteful spending on detention.

          The dissent would also open up the possibility for lawful permanent residents to benefit from currently unavailable constitutional protections. The prohibition on ex post facto laws would foreclose deportation law changes being applied retroactively. Non-criminal offenses, such as drug addiction, could not be punished with the consequence of deportation (which is reserved as a criminal punishment). The Eighth Amendment would also allow the judiciary to block minor offenses from resulting in the disproportionate punishment of deportation. Beyond the direct application of Fong Yue Ting, the case would likely have broader influence, establishing a similar precedent in exclusion jurisprudence.

          It is unclear how our population and politics would have developed along this parallel historical track. Unless there was a strong political backlash against the dissenting justices, the decision would have led to more equitable treatment of immigrants. Hopefully, these legal protections would have prompted communal acceptance of immigrants.

 

Volume 32, Number 1 (Fall 2017)

Articles

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

Note

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)

Articles

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

Notes

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