Immigration Law

Response to Professor Holper’s Article, Redefining “Particularly Serious Crimes” in Refugee Law

Fatma Marouf

Abstract Response to Mary Holper, Redefining “Particularly Serious Crimes” in Refugee Law An individual who faces a significant risk of persecution in her home country is barred from asylum in the United States if she is convicted of a “particularly serious crime” (“PSC”). Despite the grave consequences of such a conviction, there is relatively little scholarship […]

Balancing Future Harms: The “Particularly Serious Crime” Bar to Refugee Protection

Rebecca Sharpless

Abstract Response to Mary Holper, Redefining “Particularly Serious Crimes” in Refugee Law The particularly serious crime (PSC) analysis in U.S. immigration law stands as a gatekeeper to protection from persecution abroad. Asylum applicants who meet the definition of a refugee are statutorily disqualified from protection and deported if they have been convicted of a crime considered […]

Pragmatics and Problems

Allison Crennen-Dunlap & César Cuauhtémoc García Hernández

Abstract Response to Mary Holper, Redefining “Particularly Serious Crimes” in Refugee Law Born of an international commitment to avoid sending migrants to countries where they face persecution on a small set of protected bases, asylum law is one aspect of U.S. immigration law that purports to serve humanitarian purposes. Its humanitarianism is thwarted, however, when migrants […]

Disaggregating "Immigration Law"

Written by: Matthew J. Lindsay

Abstract Courts and scholars have long noted the constitutional exceptionalism of the federal immigration power, decried the injustice it produces, and appealed for greater constitutional protection for noncitizens. This Article builds on this robust literature while focusing on a particularly critical conceptual and doctrinal obstacle to legal reform—the notion that laws governing the rights of […]

Pratheepan Gulasekaram & S. Karthick Ramakrishnan, The President and Immigration Federalism

Written: Pratheepan Gulasekaram & S. Karthick Ramakrishnan

Abstract This Article lays out a systematic, conceptual framework to better understand the relationship between federal executive action and state- level legislation in immigration. Prior immigration law scholarship has focused on structural power questions between the U.S. federal government—as a unitary entity—and the states, while newer scholarship has examined separation of powers concerns between the […]

Jennifer Lee Koh, Rethinking Removability

Removability, in the context of immigration law, refers to the government’s legal authority to seek deportation for violations of the federal immigration statute. Removability matters now more than ever before, both for individuals facing possible deportation as well as for the many governmental institutions charged with assessing removability. Using four areas of emerging law—claims to U.S. citizenship, the categorical approach to […]