Tag Archives: immigration

Juarez v. People of the State of Colorado: Is “Probably” Sufficient to Satisfy a Defense Attorney’s Duty to Give Clear Advice in the Face of Deportation?

JAE LYNN HUCKABA–One decade later, the major constitutional victory for noncitizens in Padilla v. Kentucky could be completely eroded by one Supreme Court decision. On July 30, 2020, the Harvard Law School Crimmigration Clinic filed a petition for writ of certiorari with the United States Supreme Court to review the Colorado Supreme Court’s decision in […]

Immigrants, Gangs, and Due Process: Unconstitutional Vagueness in Immigration Law

HANNAH GORDON—Considering the manner in which President Donald J. Trump started off his campaign, it’s no surprise that immigration remains a constantly discussed topic in the news. This summer, we saw many headlines about the administration’s “zero tolerance policy” for people who cross the southern border without visas. Although crossing the border without a visa […]

Will the Constitution Protect Thousands of Immigrants Now Living in Limbo?

ELIZABETH MONTANO—Approximately 70% of immigrants (around 280,000 people) in pending immigration proceedings are detained pursuant to statutes that decree mandatory detention—that is, detention that is required without any opportunity for individualized assessment of whether the detention is appropriate or even necessary. 8 U.S.C. § 1225(b) provides for the mandatory detention of individuals, such as asylum […]

A Legal Defense for UnDACAmented Immigrants

ISABELLA LLANO—On September 5, 2017, United States Attorney General Jeff Sessions announced the end of the Deferred Action for Childhood Arrivals (DACA) program, leaving roughly 800,000 DACA recipients in a state of uncertainty. In his announcement, Sessions claimed that the creation of DACA was an “unconstitutional exercise of authority by the Executive Branch.” As a […]

Florida Supreme Court Erroneously Concedes Constitutional Authority to Regulate the Bar in Godinez-Samperio

INGA IVSAN—In Florida Bd. of Bar Examiners re Question as to Whether Undocumented Immigrants are Eligible for Admission to the Fla. Bar(“Godinez-Samperio”), the Supreme Court of Florida was asked whether an undocumented immigrant was eligible for admission to the Florida Bar. Concluding that a 1996 federal law prevented the State from doing so absent passage […]