Discretion and Proportionality in Immigration Law & Policy

Two experts help us understand why our immigration system is so off-kilter: "In a new report , Hiroshi Motomura, a law professor at UCLA , argues that prosecutorial discretion, as discussed in recent DHS policy memos , is only one kind of discretion. In fact, discretion plays a role in immigration...

Making Legal: The Dream Act, Birthright Citizenship, and Broad-Scale Legalization

"Some of the most controversial topics in immigration and citizenship law involve granting lawful immigration status - or citizenship itself - to persons who might otherwise be in the United States unlawfully. In this Article, I examine arguments for and against three ways to confer lawful status...

Designing Temporary Worker Programs: Hiroshi Motomura

"Some of the most vexing and persistent questions in U.S. immigration policy involve whether and how to design programs to admit temporary workers. These questions often prompt disagreement, even among those who otherwise agree on many aspects of immigration law and policy. To address these questions...

The American Jury: Can Noncitizens Still Be Excluded?

"Though noncitizens can be, and frequently are, judged by juries, they are categorically excluded from serving on them. In this Note, I explore the implications of this exclusion from demographic, functional, and doctrinal perspectives. The demographic portrait of noncitizens and minorities in the...

Mooted, But Not Muted

Regarding the Sergio Garcia law license saga, professors Michael A. Olivas and Hiroshi Motomura write: "Two weeks ago, when the questioning at the Sergio Garcia trial went badly, we worked to draft an op-ed that would throw sand in the gears and re-direct the attention of the California Supreme...

Pre-Order 'Immigration Outside the Law' by Hiroshi Motomura

Oxford University Press, June 2014: " A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark...

The President’s Discretion, Immigration Enforcement, and the Rule of Law

"The President has the legal authority to make a significant number of unauthorized migrants eligible for temporary relief from deportation that would be similar to the relief available under the Deferred Action for Childhood Arrivals (DACA) program. The reasons include three main points: 1....

What is Executive Action? (Video)

"What is executive action and what power does President Obama have to fix our broken immigration system? Educate yourself with this video as law professor Hiroshi Motomura walks us through some of the most common questions about executive action." - FWD.us, Sept. 2014 .