Habeas corpus, executive detention, and the removal of aliens

Article Abstract:

The Constitution's Habeas Corpus Suspension Clause forbids suspending the writ either partially or totally and thus guarantees judicial review into the lawfulness of administrative detention and deportation of aliens. Historical evidence supports interpreting the Suspension Clause to include aliens as well as citizens, and respecting this constitutional guarantee against illegal executive detention of aliens will not hurt enforcement of the immigration laws. Thus courts must construe the Illegal Immigration Reform and Immigrant Responsibility Act in a manner that preserves the constitutionally required minimum of judicial review, or must invalidate limitations which prevent it.

Usage, Detention of persons, Detention, Illegal immigrants

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Immigration law and the promise of critical race theory: opening the academy to the voices of aliens and immigrants

Article Abstract:

Immigration law scholars have not yet adequately explored the contributions that critical race theory can make to laws affecting aliens and immigrants. Critical race theory focuses on the interrelations and contingencies of race, gender and other identities, often through using narrative to give outsiders a voice. Traditional liberal immigration jurisprudence often fails to acknowledge the systematically discriminatory purposes of US immigration policy. While traditional equal protection analysis should not be discarded, the voices of aliens and immigrants need to be heard.

Research, Influence, Aliens, Emigration and immigration law, Immigration law, Critical race theory (Law)

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Narrowing the eye of the needle: procedural default, habeas reform, and claims of ineffective assistance of counsel

Article Abstract:

The availability of federal habeas corpus review has been limited. This has generated problems in relation to claims of ineffective assistance of counsel. States generally require such claims to be made on direct appeal, whereas federal practice requires them to be made collaterally. Procedural default and ineffective assistance of counsel issues could be resolved by requiring federal courts to examine variables such as whether counsel was compelled to argue his or her own incompetence.

United States, Right to counsel, Default (Law)

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