Immigration Law

This lesson will provide students with some general background on U.S. immigration law and on basic immigration law research. Students should have a fundamental knowledge of legal research tools but do not need to have any background in immigration law to proceed with the lesson. The lesson would work best while also taking a class about immigration law.

This course addresses the substantive and procedural law and regulations related to immigration and naturalization, including the administrative and criminal enforcement of the immigration law. Issues include different immigration statuses, asylum, etc.

Wondering where to begin when determining how to advise a noncitizen client of the potential immigration consequences of involvement with the criminal legal system? Wondering if it would be safe for your noncitizen client to accept a plea deal or to apply for United States citizenship when they have some criminal history? Trying to figure out if a conviction for your jurisdiction’s theft offense will make someone deportable?

Crimmigration Law in a Nutshell provides an introduction that will open the door for you to a deeply rewarding and intellectually stimulating area of the law. Practice at the intersection of immigration and criminal law is complex and often involves high-stakes consequences ranging from prolonged immigration detention to deportation. It can also be the key to keeping families together and to transformational problem solving for clients.

Crimmigration Law in a Nutshell will guide the reader through the analysis required for these cases, as well as the best practices for representing noncitizens who are facing criminal charges, have been convicted of criminal activity, or are suspected of having engaged in criminal activity. The text includes discussion of the relevant sections of the Immigration and Nationality Act as well as detailed explanations of the categorical, modified categorical, and circumstance-specific approaches used to analyze whether a criminal statute will trigger immigration consequences. Readers will come away with a solid foundational grasp of these concepts while understanding the need for detailed and nuanced research and analysis on a case-by-case basis. Readers will be introduced to immigration concepts like inadmissibility, deportability, crimes involving moral turpitude, and aggravated felonies. Chapters on immigration detention, preserving eligibility for relief from removal, federal immigration crimes, post-conviction relief, and the obligations of criminal counsel will give the larger context. Practical considerations for both criminal defense counsel and immigration attorneys are woven in throughout.

Intended for students and practitioners venturing into a new area of practice, Crimmigration Law in a Nutshell is a helpful introduction for both criminal and immigration practitioners looking to deepen their knowledge of this important legal intersection. Each chapter ends with hypothetical examples and summarizes key concepts and takeaways. It is the perfect introduction to a challenging and rewarding area of the law.

This title is designed to serve as a textbook supplement for an advanced course in immigration law in law schools in the United States or in other countries seeking to introduce comparative and international perspectives to the study of immigration law and policy. Topics include an introductory discussion of comparative versus international law and the relevance of both to U.S. Jurisprudence; a comprehensive overview of international migration multilateral and bilateral regimes; glimpses into the immigration law and practices of Mexico, Canada, the European Union, the United Kingdom, France, and Spain; and a final part that examines international norms on freedom of movement, the right to nationality, policing, living conditions, immigrant workers and anti-terrorism law.

This compact, comprehensive title offers a thorough overview of the history, constitutional basis, statutory structure, regulatory provisions, administrative procedure, and ethical principles related to immigration law and practice. Updated to reflect developments since the 2016 Presidential election, it is valuable both as a teaching and a practice reference.

This publication includes cases that depict the Supreme Court’s broad deference to the political branches in the immigration realm, the so-called “plenary power doctrine.” Selected cases are presented in chronological order, beginning with the Supreme Court’s consideration of the Chinese Exclusion Acts of the 1880s and 1890s. The book then examines how the Cold War tested the constitutional limits of the government’s plenary power over immigration, and how “phantom constitutional norms” were later used to defeat the government’s broadest claims. Other cases explore the immigration enforcement system and the difficulty of balancing the demands of enforcement against other societal goals.