Notice & Comment

Author: Jill Family

Notice & Comment

Detention, Incarceration, and Administrative Law

We don’t often think of administrative law as a warden, but we should. Administrative law plays a crucial role in the detention of immigrants and in prison policy generally. The Administrative Law Review is hosting a virtual symposium on October 29, 2021 that will explore important questions about the role of administrative law in detention […]

Notice & Comment

We Have Nothing to Fear but “Sovereignty Fear” Itself*

*With apologies to President Roosevelt The Trump administration used its leverage over immigration judges in extremely controversial ways that worsened an already dysfunctional adjudication system.  These maneuvers were a manifestation of President Trump’s explicit disdain for providing process and statutory benefits to noncitizens.  For example, the Trump administration implemented unrealistic case completion quotas on immigration […]

Notice & Comment

Symposium Introduction: The President and Immigration Law, by Jill E. Family and David S. Rubenstein

*This is the first post in a series on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law. For later posts in the series, click here. This week and next, the Notice and Comment blog is hosting a web symposium on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law (Oxford […]

Notice & Comment

Biden’s Immigration Bill: Reforming Immigration Court through Substantive Law

President Biden’s immigration bill is now available.  In my first look at the bill, I was searching for provisions that would ease the massive problems facing immigration removal adjudication.  There is desperate need for reform of the immigration courts, which adjudicate charges of removal brought by the government against non-citizens.  The bill avoids major structural […]

Notice & Comment

Act Now to Improve Internal Administrative Law

The Trump Administration built an invisible border wall that lowered the amount of legal immigration to the United States in the absence of statutory change.  Following White House direction, United States Citizenship and Immigration Services (USCIS), the main immigration benefits granting agency, created self-described “workarounds” to the Immigration and Nationality Act.  Internal administrative law failed […]

Notice & Comment

Even Worse, Again

Ten years ago, I wrote about how the problems with immigration adjudication were even worse than previously acknowledged.  Today, the problems are even worse than the even worse of ten years ago.  Substantive immigration law remains harsh as it continues to limit immigration adjudicators from dispensing proportional consequences.  What is even worse:  further diminishment of […]

Notice & Comment

A Broad Look at Immigration Adjudication

This American Life has produced a broad look at the state of immigration adjudication, from asylum applications to criminal border crossing prosecutions and from applications for legal status to refugee admissions. The discussion about the notebook— a hand-written list of people waiting in line in Mexico to even approach the border– is especially intriguing.  The […]

Notice & Comment

Justice Gorsuch, Immigrants, and Administrative Law

This week the Supreme Court voided a federal statute for vagueness.   In his concurring opinion, Justice Gorsuch agreed that the statute is unconstitutionally vague.  To support this conclusion, he emphasized his concerns about separation of powers principles. His use of separation of powers concerns in an immigration law case is a signal that Justice Gorsuch […]

Notice & Comment

Due Process, Fair Notice, and Individual Liberty for Immigrants Too?

The balance of power in immigration law is heavily tilted toward the government.  As the Supreme Court’s decision this week in Jennings v. Rodriguez shows, the exact constitutional limits to the government’s power are still unclear.  Foreign nationals do have some rights, but they often feel the weight of government power to an exceptional extent.  Individuals […]

Notice & Comment

Removing the Distraction of Delay

The Department of Justice is developing a new strategy to reduce a huge backlog in the immigration courts. A recent report of this plan contains this sentence: “DOJ officials criticized immigration lawyers, saying they ‘have purposely used tactics designed to delay’ immigration cases.” Raising claims of delay tactics is a recurring theme in certain efforts […]

Notice & Comment

Fair Process in Name Only

[This post is co-authored by Jill Family and Lenni Benson, Professor of Law, New York Law School] Our legal system should not provide fair process in name only. On paper, our immigration system provides procedural protections in an administrative hearing where the outcome defines lives. For those facing the full weight of government power in […]

Notice & Comment

Keeping Up with Immigration Law

With the deluge of immigration law news, it is hard for every development to get the attention it deserves. Here I hope to draw some attention to a lawsuit filed on September 19, 2017 that challenges the Trump Administration’s delay of a start date of an Obama-era notice and comment rule. Days before President Trump […]

Notice & Comment

When Adjudication is Avoiding Adjudication

Immigration law is tasked with determining who should be removed (deported) from the United States. Theoretically, that adjudication takes place before an immigration judge, who works for the Department of Justice. A lawyer for the Department of Homeland Security represents the government. There is a good chance the foreign national has no attorney, especially if […]

Notice & Comment

Immigration Law at AALS- 2 Calls for Papers

The Immigration Law Section has out two calls for papers for AALS 2018.  San Diego!  In January!  Both calls are posted below.  One is for works in progress, the other is for the section’s main program at the conference. AALS Immigration Law Section Call for Papers for Works-in-Progress Session at AALS San Diego, CA Saturday, […]