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Articles 1 - 30 of 100
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Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra Akila Choudhury
Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra Akila Choudhury
Faculty Publications
On March 15, 2019 in Christchurch, New Zealand, a white supremacist entered a mosque full of worshippers and gunned down over 50 people. He was welcomed into the house of worship as Muslim immigrants and converts were about to start their Friday prayers. News of the attack spread quickly across the globe. Social media news feeds and online sources provided near-instantaneous updates. There were calls to prioritize the lives and stories of the victims and survivors. Although there were calls not to glorify or even humanize the shooter, people understandably professed interest in his writings and his motivation. Once it …
Employment Prospects Of International Students In The U.S. And Canada: Socio-Political Implications For Colleges And Universities, Taiwo O. Soetan, David Hoa K. Nguyen
Employment Prospects Of International Students In The U.S. And Canada: Socio-Political Implications For Colleges And Universities, Taiwo O. Soetan, David Hoa K. Nguyen
Journal of Curriculum, Teaching, Learning and Leadership in Education
While the increase of the international student population has been a significant issue on a global scale, it is rarely discussed in the context of two border countries in North America – the U.S. and Canada. In addition, attention to skilled migration as a policy preference has increased among governments in an effort to address labor market gaps arising from economic shifts and structural aging. Governments invent a list of desirable characteristics in international students, such as education, age, language, and work experience, that allows them to be able to apply for employment after graduation. Countries like Canada and Australia …
Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies
Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Higher Education Experiences Of International Faculty In The U.S. Deep South, Elizabeth Omiteru, James Martinez, Rudo Tsemunhu, Eugene F. Asola
Higher Education Experiences Of International Faculty In The U.S. Deep South, Elizabeth Omiteru, James Martinez, Rudo Tsemunhu, Eugene F. Asola
Journal of Multicultural Affairs
Immigration was one of the key issues from within the Obama administration. One focus of the administration was to retain brilliant foreign scholars who have studied in the United States (U.S). Rather than let International Faculty return to their countries after completing their programs, employers found it advantageous to retain these professionals to boost the United States workforce. Higher education was one of the government sectors that experienced an increase in the numbers of foreign nationals choosing to remain in the United States after completing their degrees. What many International Faculty may be oblivious of, and which their programs of …
Immigration Law Under The Mclachlin Court, Catherine Dauvergne
Immigration Law Under The Mclachlin Court, Catherine Dauvergne
All Faculty Publications
No abstract provided.
Amenazado En Venezuela, En Espera En Ee.Uu., Hernan Goicochea, Juan Garcia
Amenazado En Venezuela, En Espera En Ee.Uu., Hernan Goicochea, Juan Garcia
Capstones
Venezolano activista luchó para combatir el sida en su país, huyo de las amenazas del gobierno venezolano, y está buscando asilo político en los Estado Unidos.
https://theinformantes.home.blog/2018/12/13/amenazado-en-venezuela-en-espera-en-ee-uu/
Public Charge Proposal Spawns “Chilling Effect” Within Immigrant Hiv Community, Say Service Providers, Karina Hernandez
Public Charge Proposal Spawns “Chilling Effect” Within Immigrant Hiv Community, Say Service Providers, Karina Hernandez
Capstones
New regulations from the Trump administration are leaving immigrants living with HIV in New York City reluctant to continue or seek treatment, according to service providers.
The Best Interests Of The Child Or The State? The Rights Of The Child In Non-Lpr Cancellation Of Removal, Lizzie Bird
The Best Interests Of The Child Or The State? The Rights Of The Child In Non-Lpr Cancellation Of Removal, Lizzie Bird
Master's Theses
This thesis argues that the United States is failing to fulfill its obligations under the Convention on the Rights of the Child (CRC) in its adjudication of the hardship standard in non-LPR cancellation of removal. It is well-documented that the current interpretation of the “exceptional and extremely unusual hardship” standard results in the separation of families and de facto deportation of children, many of whom are U.S. citizens. This thesis contends that this practice is not only unjust, but also unlawful.
First, it argues that the CRC in general and Article 3 (the “best interests” principle) in particular have risen …
“They’Re Bringing Crime:” White Fear And Closing Borders, Hanna Rosenheimer
“They’Re Bringing Crime:” White Fear And Closing Borders, Hanna Rosenheimer
Student Scholar Symposium Abstracts and Posters
Leading up to the 2016 election, popular rhetoric surrounding immigrants to the United States took a marked turn. This change can be partially explained using Piotr Cap’s proximization theory, a threat-based discursive model that relies on locating threatening events in proximity to the audience in order to justify preventative or protective measures. Quantitative public opinion data from the Chapman University Survey of American Fears suggests that a disbelief in immigrants’ ability to assimilate is strongly correlated with a fear of immigrants committing crimes. White Americans who hold these beliefs typically tend to favor or strongly favor preemptive punitive action against …
Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison
Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison
Faculty Scholarship
This article reframes the outward-looking perspective on workers’ rights provisions in free trade agreements. It argues that those provisions provide an opportunity to reinforce the workplace rights of noncitizen workers in the United States. Scholars and worker advocates have criticized recent free trade agreements for their lack of enforcement mechanisms and protections for workers in developing countries. They argue that this has encouraged a race to the bottom on the part of multi-national corporations who relocate to developing countries to take advantage of cheap labor costs, thereby costing U.S. workers’ jobs.
This article shifts the focus. Instead, it argues that …
Radical Right-Wing Parties In Western Europe And Their Populist Appeal: An Empirical Explanation, Peter Doerschler Phd, Pamela Irving Jackson Phd
Radical Right-Wing Parties In Western Europe And Their Populist Appeal: An Empirical Explanation, Peter Doerschler Phd, Pamela Irving Jackson Phd
Societies Without Borders
In a majority of Western European countries, the vote share cast for radical right-wing populist parties in national elections was over 10% by 2015, reaching 46% in Austria’s 2016 presidential election. Policy agendas of national governments have also moved to the right, demonstrating greater restrictiveness on immigration and skepticism toward the EU. With data from the Chapel Hill Expert Survey, European Social Survey, Multiculturalism Policy Index, and Parliaments and Governments Database, we extend current models of electoral support for far-right parties by assessing whether the ethnic majority’s sense of discrimination and safety help explain the allure of the right-wing message. …
Barring Asylum Claims: The President Versus The Statute, Peter Margulies
Barring Asylum Claims: The President Versus The Statute, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Local Governance Of Immigrant Incorporation: How City-Based Organizational Fields Shape The Cases Of Undocumented Youth In New York City And Paris, Stephen P. Ruszczyk
Local Governance Of Immigrant Incorporation: How City-Based Organizational Fields Shape The Cases Of Undocumented Youth In New York City And Paris, Stephen P. Ruszczyk
Department of Sociology Faculty Scholarship and Creative Works
City-based organizations and governments play an important role in incorporating undocumented immigrant youth. This article investigates how localities sociopolitically incorporate these immigrants by examining the governance constellations and institutional logics of the organizational field that manages undocumented youth. Comparing sets of municipal and civil society organizations in different national settings, I use the two cases of New York City and Paris to ask how the ‘city-based organizational field of immigrant incorporation’ shapes citizenship experiences of undocumented youth. Data come from multi-level longitudinal ethnography over 8 years with two dozen undocumented youth and with organizations in each city as well as …
Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson
Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson
Washington and Lee Law Review
No abstract provided.
Sanctuary Networks And Integrative Enforcement, Ming Hsu Chen
Sanctuary Networks And Integrative Enforcement, Ming Hsu Chen
Washington and Lee Law Review
My intended focus is on the widespread response—in cities, churches, campuses, and corporations that together comprise “sanctuary networks”1—to the Trump Administration’s Executive Order 13768 Enhancing Public Safety in the Interior of the United States2 as an instance of the changing relationship between federal, local, and private organizations in the regulation of immigration. After briefly covering the legal background of the Trump Interior E.O., the focus of the Article shifts to the institutional dynamics arising in communities. These institutional dynamics exemplify the beginnings of a reimagined immigration enforcement policy with a more integrative flavor.
287(G) Agreements In The Trump Era, Huyen Pham
287(G) Agreements In The Trump Era, Huyen Pham
Washington and Lee Law Review
No abstract provided.
Obscured Boundaries: Dimaya's Expansion Of The Void-For-Vagueness Doctrine, Katherine Brosamle
Obscured Boundaries: Dimaya's Expansion Of The Void-For-Vagueness Doctrine, Katherine Brosamle
Loyola of Los Angeles Law Review
No abstract provided.
Universal Representation, Lindsay Nash
Universal Representation, Lindsay Nash
Faculty Articles
In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for non-citizens in removal proceedings. In the immigration field, “universal representation” refers to a system of appointed counsel that provides representation to indigent non-citizens facing deportation regardless of the apparent merits of their case. This model has proven a transformative change, particularly given the absence of any recognized right to government-funded counsel. In recent years, cities and counties throughout the nation have launched …
Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf
Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf
Fatma Marouf
Non-precedent decisions are the norm in federal appellate courts, and are seen by judges as a practical necessity given the size of their dockets. Yet the system has always been plagued by doubts. If only some decisions are designated to be precedents, questions arise about whether courts might be acting arbitrarily in other cases. Such doubts have been overcome in part because nominally unpublished decisions are available through standard legal research databases. This creates the appearance of transparency, mitigating concerns that courts may be acting arbitrarily. But what if this appearance is an illusion? This Article reports empirical data drawn …
The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías
The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías
Luz Herrera
This article explores the need to develop a Latinx-focused network that advances law and policy. The Network for Justice is necessary to build upon the existing infrastructure in the legal sector to support the rapidly changing demographic profile of the United States. Latinxs are no longer a small or regionally concentrated population and cannot be discounted as a foreign population. Latinxs reside in every state in our nation and, in some communities, comprise a majority of the population. The goal of the Network for Justice is to facilitate and support local and statewide efforts to connect community advocates to formal …
At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies
At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies
Law Faculty Scholarship
No abstract provided.
A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou
Claremont-UC Undergraduate Research Conference on the European Union
In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for …
Law Library Blog (October 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (October 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
North African Regular And Irregular Migration: The Case Of Libya, Mustafa O. Attir
North African Regular And Irregular Migration: The Case Of Libya, Mustafa O. Attir
New England Journal of Public Policy
Because of its geographical size and location, Libya has for centuries been a transit county for human movement across the region. Thus, its experience with immigrants has a long history. In the early 1970s, Libya became a destination for foreigners seeking jobs. Some entered the country legally, others illegally. All came to work, live, and send remittances back to their families. During the 1990s, when many migrants used Libya as a transit country for crossing the sea to Europe, the European Union started negotiating with the Libyan government to curb the flow of irregular migrants. In 2011, the country joined …
European Immigration Controls Conforming To Human Rights Standards, Yannis Ktistakis
European Immigration Controls Conforming To Human Rights Standards, Yannis Ktistakis
New England Journal of Public Policy
The European continent has for some years been facing increased pressure from migration. In 2010, Europe, in comparison with the other continents, was expected to host the largest number of migrants: 69.8 million migrants representing 32.6 percent of the total flow of migrants (213.9 million international migrants). This pressure has caused the two main European organizations, the Council of Europe and the European Union, to act decisively for the protection of migrants. Although the European legal order offers a high standard of human rights protection—having adopted, over the decades, the relevant instruments and developed effective mechanisms—the two European organizations have …
Mobilizing A Community: The Effect Of President Trump's Executive Orders On The Country's Interior, Enid Trucios-Haynes, Mariana Michael
Mobilizing A Community: The Effect Of President Trump's Executive Orders On The Country's Interior, Enid Trucios-Haynes, Mariana Michael
Faculty Scholarship
Utilizing his executive powers, one of President Trump’s first actions denied entry into the U.S. to individuals from seven different countries. This action immediately set into motion many relief efforts undertaken by attorneys around the nation and showcased lawyers’ work on high impact cases through suits brought by organizations such as the American Civil Liberties Union. While the media attention focused on these efforts in coastal cities at international airports, cities in the interior United States struggled to gather resources and effectively provide legal assistance to affected individuals. The participatory action research (PAR) model emerges as a means to bridge …
Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan
Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan
All Faculty Scholarship
H-Pad is happy to announce the release of its sixth broadside. In “Building a Regime of Restrictive Immigration Laws, 1840-1945,” Felice Batlan traces a century of U.S. government laws, policies, and attitudes regarding immigration. The broadside explores how ideas about race, class, religion, and the Other repeatedly led to laws restricting the immigration of those who members of Congress, the President, and the U.S. public considered inferior and/or a threat.
Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan
Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan
Felice J Batlan
Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby
Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby
The Scholar: St. Mary's Law Review on Race and Social Justice
On January 25, 2017, President Donald J. Trump signed an executive order with the supposed purpose of enhancing public safety of the interior of the United States. Part of the Administration’s plan includes threatening “sanctuary jurisdictions,” also known as “sanctuary cities,” with the loss of federal funds for failing to comply with federal law, specifically 8 U.S.C. § 1373.
There are several problems with this plan: (1) there is no solid definition for what makes a city a “sanctuary;” (2) if we accept the Administration’s allusion that a sanctuary jurisdiction is one that “willfully” refuses to comply with 8 U.S.C. …
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming