The Federal Lawyer

October/November 2014

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Current Judicial Profiles


Modern Surge, Historic Response
Even before the “surge,” U.S. refugee law exhibited a tendency to characterize Central American asylum seekers as victims of general violence instead of conducting a thorough, individual-based assessment of their claims. Citing both legal history and modern U.S. precedent, this article argues that U.S. law does not call for such a result. It offers a few points of reflection, designed to help preserve the integrity of the “refugee” definition in the midst of a deluge.
Reflections on the Value of ILS Membership to U.S. Government Attorneys
Here are a number of reasons to join the Federal Bar Association's Immigration Law Section.
Immigration Options for Undocumented Children
The present influx of undocumented children entering the United States is generating palpable discomfort, not just in border states, but throughout the country. In light of the pervasive national sense of urgency, we need some immediate technical solutions to ease national tension.
Antigone, Identity, Assimilation, and the Salad Bowl
From its very earliest days, the concept of citizenship has exhibited a tendency to come into clash with the experience of identity.
Domestic Violence and the Plight of the Unauthorized Migrant
Eradicating domestic violence is a worldwide challenge for the global community. Eradicating domestic violence in the unauthorized migrant community presents even greater demands. Yet the U.S. policies emerging to address this concern have been multipronged.
The New Era of Crimmigration Requires a Fundamental Knowledge of How to Read a Conviction Through Immigration Law Lenses
A recap of how Padilla v. Kentucky ushered in a new era of jurisprudence often referred to as "crimmigation."
Rehabilitating a Federal Supervisor’s Reputation Through a Claim of Defamation
Title VII and EEOC case law have created an almost blanket protection for defamatory statements made in the form of allegations of harassment or discrimination in the federal workplace. In this environment, federal supervisors would do well to exercise caution before resorting to the intuitive remedy of a defamation claim. Although there are some situations where an employee may engage in action so egregious that a claim of defamation is a good option, one cannot escape the fact that supervisory employment in the federal workplace comes with an increased risk of defamatory accusations for which there is no legal remedy.