Regional Focus: United States - Pt. 2

Journal articles:

"Asylum Seekers’ Rights Denied and Border Communities Disrupted: Ethnographic Accounts on the 2023 Border Closure in Lukeville, Arizona," Social Sciences, vol. 14, no. 10 (Oct. 2025) [open access]

"Criminalization of Immigration," RSF: The Russell Sage Foundation Journal of the Social Sciences, vol. 11, no. 3 (2025) [open access]

"Ditching Deference: Redefining Particular Social Groups in the Wake of Loper Bright," Emory Law Journal, vol. 75, no. 1 (2025) [full-text]

"How the 2025 Invocation of Alien Enemies Act Erodes Immigrants’ Rights," Fordham Urban Law Journal, vol. 53, no. 1 (2025) [full-text]

"Immigration Adjudication, Judicial Review, and the Uneven Incorporation of Administrative Law Norms," Georgetown Immigration Law Journal, vol. 40 (Forthcoming, 2026) [preprint]

"Immigration, Due Process, and Executive Power," Journal of National Security Law & Policy Online (Forthcoming) [preprint]

"Immigration Venue Exceptionalism," Cornell Law Review, vol. 111, no. 5 (Forthcoming, 2026) [preprint]

"Opportunities and Pitfalls in the Loper Bright Landscape for Immigration Cases," Michigan State Law Review (Forthcoming) [preprint]

"Sub-Saharan African Immigrants in the United States," Migration Information Source, 16 Oct. 2025 [text]

Related post:

- Regional Focus: United States - Pt. 1 (7 Nov. 2025)

Regional Focus: United States

Short pieces:

Biden’s Reviving Phone-Booth Asylum. Here’s Why It Was a Disaster (Immigration Impact, April 2023) [text]

A Groundswell of Opposition to Biden’s Asylum Transit Ban (Immigration Impact, April 2023) [text]

How Temporary Protected Status has expanded under the Biden administration (Pew Research Center, April 2023) [text]

U.N. High Commissioner for Refugees Says Biden Asylum Proposal Violates International Law (Democracy Now, March 2023) [text]

- See also related UNHCR statement.

What is the Law? Under New Immigration Decision, the Answer isn’t Always Clear (Immigration Impact, March 2023) [text]

"Why it's so hard to come to the U.S. legally," Axios, 6 April 2023 [text]

Reports & journal articles:

"Administrative Reliance," Duke Law Journal (Forthcoming, 2024) [preprint]

Asylum Process in Immigration Courts and Selected Trends (Congressional Research Service, April 2023) [text]

"Beyond Legal Deserts: Access to Counsel for Immigrants Facing Removal," North Carolina Law Review, vol. 101, no. 3 (2023) [full-text]

"Federal Judges Step into the Void to Set U.S. Immigration Policy," Migration Information Source, 30 March 2023 [text]

"Guilty After Proven Innocent: Hidden Factfinding in Immigration Decisionmaking," California Law Review (Forthcoming, 2024) [preprint]

"Impact on Medical Students Participating in Forensic Examinations of Asylum Seekers: A Pilot Study," Journal of Student-Run Clinics, vol. 9, no. 1 (2023) [open access]

"Noncitizen Harboring and the Freedom of Association," North Carolina Law Review, vol. 101, no. 3 (2023) [full-text]

Streamlining to End Immigration Backlogs (CATO Institute, April 2023) [text]

Sustainable, Orderly, and Safe Reception at the US-Mexico Border: Recommendations for the Shelter and Services Program (Women's Refugee Commission et al., April 2023) [text]

Related post:

- Regional Focus: United States (27 March 2023)

Regional Focus: United States - Pt. 2

New book:

Is America Fulfilling Its Promise? Safeguarding Legal Protections for Immigrants (New York State Bar Association, Sept. 2019) [full-text via SSRN]

Journal articles:

"Co-opting Coronavirus, Assailing Asylum," Georgetown Immigration Law Journal, vol. 35 (Forthcoming, 2021) [preprint]

Denver Law Review, vol. 97, no. 4 (2020) [full-text]

- Mix of 6 articles focusing on citizenship and immigration topics in the US, including the naturalization backlog, language access during the asylum process, TPS, using the encampment model to distance refugees, immigration detention, and anti-democratic immigration law. 

"Eliminating Asylum: The Effects of Trump Administration Policies," Health and Human Rights Journal, 24 Aug. 2020 [text]

"An Invisible Border Wall and the Dangers of Internal Agency Control," Lewis & Clark Law Review, vol. 25 (Forthcoming, 2021) [preprint]

"Lessons from Asylum Seekers: How Forensic Medical Evaluations Can Teach Us Things We Didn’t Learn in Medical School," Journal of General Internal Medicine, Latest Articles, 1 Sept. 2020 [text]

"Sites of (Mis)Translation: The Credible Fear Process in United States Immigration Detention," Georgetown Immigration Law Journal, vol. 35 (Forthcoming, 2021) [preprint]

"The Travel Ban, Judicial Deference, and the Legacy of Korematsu," Howard Law Journal, vol. 63, no 2 (2020) [full-text]

- Scroll to p. 153.

"Un(avail)able Protection: The Shifting Legal Landscape in the Eighth Circuit and Beyond for Asylum-Seekers Fleeing Nonstate Persecution," Bender's Immigration Bulletin, vol. 25 (July 2020) [SSRN]

Related post:

- Regional Focus: United States - Pt. 1 (27 Sept. 2020)

Regional Focus: United States

Blog posts & news items:

Asylum Ban Litigation: Supreme Court Declines to Stay Injunction (Lawfare Blog, Dec. 2018) [text]

Fees for Asylum? How About Premium Processing Instead? (The Asylumist, Jan. 2019) [text]

"How Trump Could Use a National Emergency to Get His Border Wall, Explained," Vox, 8 Jan. 2019 [text]

The Irony and the Agony of a Government Shutdown (The Asylumist, Jan. 2019) [text]

It’s Getting Harder to Win Asylum in Court, at Least for Some Applicants (The Asylumist, Dec. 2018) [text]

The Judicial Black Sites the Government Created to Speed Up Deportations (Immigration Impact Blog, Jan. 2019) [text]

New Government Data Reveals Immigration Arrests and Deportations Increased in 2018 (Immigration Impact Blog, Dec. 2018) [text]

*"Supreme Court Denies Trump Administration Request to Immediately Enforce New Asylum Rules," Washington Post, 21 Dec. 2018 [text]

Terrorists and the Southern Border: Myth and Reality (Just Security Blog, Jan. 2019) [text]

*This Graphic Shows 200 Years of US Immigration as the Rings of a Growing Tree Trunk (World Economic Forum Blog, Jan. 2019) [text]

US Deporting Iraqis without Valid Documents (Human Rights Watch, Dec. 2018) [text]

"When Death Awaits Deported Asylum Seekers," Washington Post, 26 Dec. 2018 [text]

Govt. policy/documents:

"Newly Released FOIA Documents Shed Light on Border Patrol's Seemingly Limitless Authority ," The Intercept, 7 Jan. 2019 [text]

Secretary Kirstjen M. Nielsen Announces Historic Action to Confront Illegal Immigration (Dept. of Homeland Security, Dec. 2018) [text]
- See also related UNHCR statement and recent Guardian article providing an update.

Publications:

"Asylum and the Abuse of Administrative Law," The Regulatory Review, 20 Nov. 2018 [text]

"Detainers, Discretion, and State Law's Historical Constraints," Brooklyn Law Review (Forthcoming, 2019) [preprint]

Does Halting Refugee Resettlement Reduce Crime? Evidence from the United States Refugee Ban, IPL Working Paper, no. 18-03 (Immigration Policy Lab, Dec. 2018) [text]

Growth in the Immigration Court Backlog Continues in FY 2019 (TRAC, Dec. 2018) [text]

"Immigration Adjudication in the 'Trump Era'," The Regulatory Review, 29 Nov. 2018 [text]

"Refugees Welcome?," Berkeley La Raza Law Journal, vol. 28 (2018) [full-text]

*There’s No National Security Emergency at the Border to Justify an Authoritarian Power Grab (WOLA, Jan. 2019) [text]

Multimedia:

Border Tragedies: A Tempest Tossed Essay by Alex Aleinikoff on Trump Border Policies (Dec. 2018) [info]
- Follow link for podcast.

*UPDATED

Related posts:
- Regional Focus: United States - Pt. 1 (17 Dec. 2018)
- Regional Focus: United States - Pt. 2 (17 Dec. 2018)

Tagged Publications. 

Regional Focus: Europe - Indiv. Countries

Aegean Island Refugees Fear Greek Government Aid Takeover (IRIN, July 2017) [text]

"Asylum as Construction Work: Theorizing Administrative Practices," Migration Studies, Advance Access, 4 July 2017 [open access]
- Includes case study of the former Austrian Federal Asylum Office.

Greece: Site Profiles (UNHCR, June 2017) [text via ReliefWeb]

Guilty of Travelling: When Immigration Detention is Worse than Prison (Border Criminologies Blog, July 2017) [text]

An Island at Breaking Point: Filling Information Gaps relating to Refugees and Displaced People in Chios, Greece (Refugee Rights Data Project, July 2017) [text]
- See also related Border Criminologies blog post.

Italy’s Bluff to Close Its Ports to Migrant Boats Heightens Tensions in the Mediterranean (The Conversation, July 2017) [text]

Making Refugee Aid Add Up in Greece (Chatham House, July 2017) [text]

New Guidance for the Public and for Professionals on Immigration and Asylum Related Legal Issues (Bar Standards Board, June 2017) [access]
- Follow link to access both documents.

"Sheltering, Hosting or Receiving Refugees: The Unresolved Ambiguities of the La Linière Refugee Camp," Alternatives Humanitaires/Humanitarian Alternatives, no. 5 (July 2017) [full-text]

Slipping through the Cracks: How Britain’s Asylum Support System Fails the Most Vulnerable (Refugee Action, July 2017) [text]
- See also related Guardian article.

Unjust to Everyone? Responses to Deportation of Asylum Seekers in Finland (openDemocracy, May 2017) [text]

Related post:
- Regional Focus: Europe - General (13 July 2017)

Tagged Publications.

Thematic Focus: Law/Policy Items

"Inquisitorial Approaches to Refugee Protection Decision-making: The Australian Experience and Possible Lessons for Canada," Chapter 7 in The Nature of Inquisitorial Processes in Administrative Regimes: Global Perspectives (Ashgate, Oct. 2013) [eprint via SSRN]

Exclusion of Refugee Status: The Criminal Refugee (Peace Palace Library Blog, Nov. 2013) [text]
- First in a planned series of international refugee law posts.

"Optimal Asylum," Vanderbilt Journal of Transnational Law, vol. 46, no. 5 (2013) [full-text]

The Right not to be Displaced in International Law, Dissertation (Ghent University, Nov. 2012) [text]
- Note: Watch for a formally published version in Jan. 2014.

"Safe Harbor: Shoring Up the Norm of Nonrefoulement," World Politics Review, 3 Dec. 2013 [access]
- Note: Full-text can be accessed via two-week free trial subscription.

A few items relating to secrecy in the asylum process:

Ending Secret Asylum Files (if only we could take UNHCR to federal court...) (RSDWatch, Dec. 2013) [text]

Secret 'Enhanced Screening' of Asylum Seekers: A Democratic Analysis Centring on the Humanity of the Commonwealth Officer, Research Paper No. 2013-29 (Adelaide Law School, 2013) [text via SSRN]

"Secret Evidence Plays Growing Role in Canada’s Immigration Courts," IPS, 9 Nov. 2013 [text]

Related post:
Gender Issues [access]
- See protection-related items.

Tagged Publications.