Fordham Urban Law Journal

A bimonthly legal book published by the law school at Fordham University. Each issue focuses on a single topic, and publishes original research, critical pieces, and long-form essays related to that topic.

Articles from Vol. 38, No. 1, November

Asylum Rights and Wrongs: What the Proposed Refugee Protection Act Will Do and What More Will Need to Be Done
ABSTRACT The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) added major new restrictions to U.S. asylum law. Several other laws passed in the wake of 9/11 produced additional restrictions. Various proposals to modify...
Attracting the Best and the Brightest: A Critique of the Current U.S. Immigration System
ABSTRACT The United States has long benefited as a leader in attracting the "best and brightest" immigrants. However, the world has changed since the U.S. immigration system's last major modification in 1990. The United States is no longer the primary...
Because You're Mine, I Walk the Line: The Trials and Tribulations of the Family Visa Program
ABSTRACT The current backlog of over 3.5 million immigration visas places strains on mixed immigration status families and exacerbates the undocumented population problem. Families who choose to wait for a visa to become available before reunifying...
Border Exceptionalism in the Era of Moving Borders
ABSTRACT Historically, the courts have indicated that the tasks of enacting and enforcing immigration laws are federal functions. The federal agents who police the nation's borders have exceptionally broad policing authority--an authority that the...
Compassionate Immigration Reform
ABSTRACT Ideals of comprehensive immigration reform have been co-opted by advocates of border and internal security and enforcement, leaving behind our aspirations as a compassionate nation of immigrants. Mindful of the tension between blind adherence...
Decriminalizing Border Crossings
ABSTRACT An international border crosser should only be deemed a criminal if the United States government can prove that, with requisite criminal intent, she engaged in an act aside from crossing the border that would constitute a crime. No longer...
Entering the Mainstream: Making Children Matter in Immigration Law
ABSTRACT Myths that parents are afforded easy and unwarranted pathways to U.S. citizenship through their U.S. citizen children and that children receive privileged treatment in U.S. immigration law stubbornly persist in public discussion surrounding...
Immigration as Urban Policy
ABSTRACT Immigration has done more to shape the physical and social landscape of many of America's largest cities than almost any other economic or cultural force. Indeed, immigration is so central to urban development in the United States that...
Immigration Enforcement versus Employment Law Enforcement: The Case for Integrated Protections in the Immigrant Workplace
ABSTRACT In considering specific provisions of the Immigration and Nationality Act that can be "fixed" in the absence of comprehensive immigration reform, we must seek to ameliorate the unintended consequences of existing provisions. One important...
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment with Penal Severity
ABSTRACT This article traces the evolution of "get tough" sentencing and corrections policies that were touted as the solution to a criminal justice system widely viewed as "broken" in the mid-1970s. It draws parallels to the adoption some twenty...
Making the Case for Changing U.S. Policy regarding Highly Skilled Immigrants
ABSTRACT Highly skilled immigrants to the United States ("HSIs") have helped catalyze American economic growth and advances in human welfare by generating knowledge and innovations that have spawned new products, services, systems, jobs, and wealth....
Mexican Families & United States Immigration Reform
ABSTRACT This essay argues that we should understand U.S. immigration policy as a series of bi-national relationships rather than as a single, user-indifferent interface. Applying this regulatory approach to Mexican labor migration (i) allows a...
The Rise and Fall of Employer Sanctions
ABSTRACT Workplace raids by gun-wielding Immigration and Customs Enforcement (ICE) agents that resulted in the mass arrests of dozens and sometimes hundreds of employees have ceased under the Obama administration. But "silent raids," or audits of...
Welcome to Amerizona - Immigrants Out!: Assessing "Dystopian Dreams" and "Usable Futures" of Immigration Reform, and Considering Whether "Immigration Regionalism" Is an Idea Whose Time Has Come
ABSTRACT In this essay, we introduce the heuristics of "dystopian dream" and "usable future" to assess competing visions for immigration reform. We apply these heuristics to potential changes to the U.S. immigration system and immigration federalism...