Abstract

http://ssrn.com/abstract=1024812
 
 

Footnotes (234)



 


 



Threats to the Future of the Immigration Class Action


Jill E. Family


Widener University - School of Law


Widener Law School Legal Studies Research Paper No. 08-18
Washington University Journal of Law and Policy, Vol. 27, p. 71, 2008

Abstract:     
The immigration class action, a form of action that litigants have used to achieve systematic reform, is under threat. This paper examines three threats to the immigration class action: (1) a general congressional willingness to restrict immigration judicial review; (2) the application of waivers of judicial review to immigration law and (3) legislative jurisdiction-stripping attacks more specific to the immigration class action. The general congressional willingness to strip immigration judicial review sets the atmosphere for proposals to require judicial review waivers as a condition of obtaining an immigration benefit and for jurisdiction-stripping legislation aimed more specifically at the class action.

The identification and analysis of these threats links the immigration class action to efforts to limit other types of class actions. It initiates a discussion about the threat presented by judicial review waivers, including the collective action waiver, to immigration class actions. The government has argued that the relationship between itself and a foreign national sounds in contract and that a judicial review waiver is simply a term of the contract. This paper argues that using the contract analogy to justify immigration judicial review waivers simply stretches the analogy too far while raising serious constitutional questions about congressional power.

Number of Pages in PDF File: 52

Keywords: Immigration, Class Actions, Judicial Review, Federal Courts, Jurisdiction, collective action waivers, judicial review waivers

Accepted Paper Series


Download This Paper

Date posted: October 28, 2007 ; Last revised: August 17, 2008

Suggested Citation

Family, Jill E., Threats to the Future of the Immigration Class Action. Widener Law School Legal Studies Research Paper No. 08-18; Washington University Journal of Law and Policy, Vol. 27, p. 71, 2008. Available at SSRN: http://ssrn.com/abstract=1024812

Contact Information

Jill E. Family (Contact Author)
Widener University - School of Law ( email )
4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States
Feedback to SSRN


Paper statistics
Abstract Views: 862
Downloads: 135
Download Rank: 120,587
Footnotes:  234

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.562 seconds