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Immigration

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"Quiero Estar Con Mi Gente." La Negociación De La Identidad Étnica En La Escuela ("I Want To Be With My People." The Negotiation Among The Migrant Population), Jennifer Lucko Oct 2019

"Quiero Estar Con Mi Gente." La Negociación De La Identidad Étnica En La Escuela ("I Want To Be With My People." The Negotiation Among The Migrant Population), Jennifer Lucko

Jennifer Lucko

No abstract provided.


Tracking Identity: Academic Performance And Ethnic Identity Among Ecuadorian Immigrant Teenagers In Madrid, Jennifer Lucko Sep 2019

Tracking Identity: Academic Performance And Ethnic Identity Among Ecuadorian Immigrant Teenagers In Madrid, Jennifer Lucko

Jennifer Lucko

This article examines Ecuadorian students' attempts to contest immigrant stereotypes and redefine their social identities in Madrid, Spain. I argue that academic tracking plays a pivotal role in the trajectory of students' emergent ethnic identity. To illustrate this process, I focus on students who abandon their academic and professional ambitions as they are tracked into low‐achieving classrooms, and in the process participate in social and cultural practices that reify dominant stereotypes of Latino immigrants.[academic tracking, identity, immigration, ethnicity, Spain]


Immigration And Domestic Politics In South Africa: Contradictions Of The Rainbow Nation, Vernon D. Johnson Jul 2019

Immigration And Domestic Politics In South Africa: Contradictions Of The Rainbow Nation, Vernon D. Johnson

Vernon D. Johnson

The region of Southern Africa has been part of the global capitalist system since its inception in the late 15th century, when Portugal incorporated Angola and Mozambique into its empire. In 1652 the Dutch East India Company established a "refreshment station" at the Cape of Good Hope for ships travelling between Europe and the Far East.1 From that time the region has experienced several periods of deepening incorporation into the global system.


Decisiones De Tenencia De Vivienda Y Aculturación De La Población Extranjera Residente En España, Mario V. González Fuentes, Carlos Iglesias Fernández May 2019

Decisiones De Tenencia De Vivienda Y Aculturación De La Población Extranjera Residente En España, Mario V. González Fuentes, Carlos Iglesias Fernández

Mario Gonzalez Fuentes

El estudio de la adaptación de los inmigrantes al país de destino es una tarea compleja, que exige considerar multitud de aspectos expresados desde la perspectiva socioeconómica en el concepto de aculturación. Frente a esto, la tenencia de vivienda en propiedad supone decisiones a largo plazo, vinculadas con un amplio conjunto de factores que para los inmigrantes expresan el éxito de sus proyectos de inmigración. Por ello, el artículo analiza los procesos de aculturación de los inmigrantes residentes en España mediante el estudio de sus decisiones de tenencia de vivienda en propiedad. Se concluye que ser extranjero reduce notablemente la …


Homeownership As A Sign Of Immigrants' Consumer Acculturation: The Role Of Region Of Origin, Mario V. González Fuentes, C. Iglesias Fernández May 2019

Homeownership As A Sign Of Immigrants' Consumer Acculturation: The Role Of Region Of Origin, Mario V. González Fuentes, C. Iglesias Fernández

Mario Gonzalez Fuentes

One of the limitations highlighted by the consumer acculturation literature is the lack of empirical research to identify better constructs or indicators of consumer acculturation. In this article, the use of homeownership by immigrants in the host society is proposed as an indicator of advanced consumer acculturation. The decision to own a home by a minority group, such as immigrants, represents a key landmark in the process of adaptation to the new culture and a commitment with the host country's values and culture. The empirical case used is the immigrant population of Spain. The sharp rise in its foreign-born population …


Immigration Enforcement And The Future Of Discretion, Shoba Wadhia May 2019

Immigration Enforcement And The Future Of Discretion, Shoba Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.


Triujillo_S_A Dynamic Approach To Immigration Ethnicity & Violent Crime In Chicago Communities.Pdf, Saundra Trujillo Apr 2019

Triujillo_S_A Dynamic Approach To Immigration Ethnicity & Violent Crime In Chicago Communities.Pdf, Saundra Trujillo

Saundra Trujillo

Once again, politically-driven events in the United States have brought the relationship between immigration and crime to the forefront in public, political, and academic discourses. Yet, despite proclamations made by a key U.S. political figure claiming that immigrants, specifically Mexican immigrants, are “bringing drugs...[and] bringing crime” (Trump, 2015) to U.S. communities, criminological research consistently finds that there is either an inverse relationship between immigration and crime- or no relationship at all (see Ousey and Kubrin, 2017 and National Academies of Science, Engineering and Medicine, 2015 for review). Moreover, with decades of research on the relationship between immigration and crime, this …


The Declaration Of Independence And Immigration In The United States Of America, Kenneth M. White Mar 2019

The Declaration Of Independence And Immigration In The United States Of America, Kenneth M. White

Kenneth White

The United States has always been a nation of immigrants, and immigration policy has always been controversial. The history of immigration in the United States is contrasted in this article with a normative standard of naturalization (immigration policy) based on the Declaration of Independence. The current immigration debate fits within a historical pattern that pits an unrestricted right of immigration (the left) against exclusive, provincial politics (the right). Both sides are simultaneously correct and incorrect. A moderate policy on immigration is possible if the debate in the United States gets an infusion of what Thomas Paine called "common sense."


287(G) Agreements In The Trump Era, Huyen Pham Mar 2019

287(G) Agreements In The Trump Era, Huyen Pham

Huyen T. Pham

No abstract provided.


Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison Mar 2019

Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison

Angela D. Morrison

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 …


Immigration Adjudication Bankruptcy, Jill E. Family Feb 2019

Immigration Adjudication Bankruptcy, Jill E. Family

Jill E. Family

The Trump Administration is pushing an adjudicatory system on the brink over the edge. The system designed to decide whether to remove (deport) individuals from the United States has longstanding problems that predate the Trump Administration. Those problems are being exasperated rather than improved. It is time to consider the notion of immigration adjudication bankruptcy. Immigration adjudication bankruptcy involves a declaration that the removal adjudication system is not satisfying the basic principles of administrative process: accuracy, acceptability, and efficiency. This Article, a part of a symposium on executive power and immigration law, raises questions about when bankruptcy should be declared …


Enforcing Masculinities At The Borders, Jamie R. Abrams Feb 2019

Enforcing Masculinities At The Borders, Jamie R. Abrams

Jamie R. Abrams

No abstract provided.


Practical Equality, Robert L. Tsai Dec 2018

Practical Equality, Robert L. Tsai

Robert L Tsai

A path-breaking account of how Americans have used innovative legal measures to overcome injustice—and an indispensable guide to pursuing equality in our time.


Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra A. Choudhury Dec 2018

Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra A. Choudhury

Cyra A. Choudhury

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 …


Addiction Informed Immigration Reform Dec 2018

Addiction Informed Immigration Reform

Rebecca Sharpless

Immigration law fails to align with the contemporary understanding of substance addiction as a medical condition. The Immigration and Nationality Act regards noncitizens who suffer from drug or alcohol substance use disorder as immoral and undesirable. Addiction is a ground of exclusion and deportation and can prevent the finding of “good moral character” needed for certain immigration applications. Substance use disorder can lead to criminal behavior that lands noncitizens, including lawful permanent residents, in removal proceedings with no defense. The time has come for immigration law to catch up to today’s understanding of addiction. The damage done by failing to …


“Muslim Women In The Diaspora: Shaping Lives And Negotiating Their Marriages”, Enaya Othman Nov 2018

“Muslim Women In The Diaspora: Shaping Lives And Negotiating Their Marriages”, Enaya Othman

Enaya Othman

This study focuses on two distinctive periods: the 1950s–1980s and 1990s– 2000s. As a point of clarification, I am using the term ‘First Generation’ to apply to immigrants who were born outside the United States, and ‘Second Generation’ for their American-born children. This study utilizes at least 60 interviews conducted during the last six years among Muslim immigrants and their offspring in the greater Milwaukee region. 40 of these interviews are with women of Palestinian descent.1 In addition to scholarly research, community members’ photographs, and focus-group discussion, I use my personal observations as a member of the Arab and Muslim …


Immigrants As Artists: How Immigrants To The United States Define Creativity And Describe Its Role In Their Lives, William Pierson Nov 2018

Immigrants As Artists: How Immigrants To The United States Define Creativity And Describe Its Role In Their Lives, William Pierson

William Pierson

This study was designed to examine the connection between immigration and creativity.  It was a mixed-method study to determine whether a convenient sample of 50 immigrants to southeastern Pennsylvania from 27 countries considered creativity to be a fixed or malleable trait, to find out how they personally defined creativity, and to understand how they perceived the role creativity played in their lives in both their original and adopted homelands.
The study employed two instruments: a self-assessment Nature of Creativity Scale that asked each participant to rate their perceptions of the nature of creativity using a 5-point scale and a semi-structured …


Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf Oct 2018

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 Oct 2018

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 …


Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan Aug 2018

Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan

Felice J Batlan

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.


Policy Considerations Regarding The Integration Of Lusophone West African Immigrant Populations, Kezia Lartey, Brandon D. Lundy Aug 2018

Policy Considerations Regarding The Integration Of Lusophone West African Immigrant Populations, Kezia Lartey, Brandon D. Lundy

Brandon D. Lundy

On January 23, 2012, Resolution No. 3 enacted the National Immigration Strategy for the island nation of Cabo Verde, the first of its kind in the country. As a buffer nation to Western Europe with a rapidly developing economy and good governance indicators, Cabo Verde is transitioning from a sending and transit country to a receiving nation for African mainlanders, especially from Guinea-Bissau. How effective are these immigration policies at managing these changing mobility patterns? Are immigrants successfully integrating into host communities? How might integration be handled more effectively? This policy briefing reports integration successes and failures from ethnographic research …


State-Created Immigration Climates And Domestic Migration, Huyen Pham, Pham Hoang Van Jul 2018

State-Created Immigration Climates And Domestic Migration, Huyen Pham, Pham Hoang Van

Huyen T. Pham

With comprehensive immigration reform dead for the foreseeable future, immigration laws enacted at the subfederal level -- cities, counties, and states -- have become even more important. Arizona has dominated media coverage and become the popular representation of the states' response to immigration by enacting SB 1070 and other notoriously anti-immigrant laws. Illinois, by contrast, has received relatively little media coverage for enacting laws that benefit the immigrants within its jurisdiction. The reality on the ground is that subfederal jurisdictions in the United States have taken very divergent paths on the issue of immigration regulation.

Compiling city, county, and state …


A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf May 2018

A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf

Fatma Marouf

A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet, the Board of Immigration Appeals has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examination of the elements with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offenses are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious crime determination to promote …


Alternatives To Immigration Detention, Fatma E. Marouf May 2018

Alternatives To Immigration Detention, Fatma E. Marouf

Fatma Marouf

The United States places over 440,000 people each year in immigration detention, far more than any other country in the world. This Article argues that there are compelling humanitarian and financial reasons to utilize more alternatives to detention. It examines the strengths and limitations of existing alternatives, including the need to develop more community-based case management programs and to rely less on electronic monitoring. The Article then sets forth several legal arguments under the Constitution, Rehabilitation Act, and international human rights law for requiring greater consideration of alternatives to detention.


Alienage Classifications And The Denial Of Health Care To Dreamers, Fatma E. Marouf May 2018

Alienage Classifications And The Denial Of Health Care To Dreamers, Fatma E. Marouf

Fatma Marouf

In the Affordable Care Act (“ACA”), passed in 2010, Congress provided that only “lawfully present” individuals could obtain insurance through the Marketplaces established under the Act. Congress left it to the Department of Health and Human Services (“HHS”) to define who is “lawfully present.” Initially, HHS included all individuals with deferred action status, which is an authorized period of stay but not a legal status. After President Obama announced a new policy of Deferred Action for Childhood Arrivals (“DACA”) in June 2012, however, HHS amended its regulation specifically to exclude DACA recipients from the definition of “lawfully present.” The revised …


“Nationwide” Injunctions Are Really “Universal” Injunctions And They Are Never Appropriate, Howard Wasserman May 2018

“Nationwide” Injunctions Are Really “Universal” Injunctions And They Are Never Appropriate, Howard Wasserman

Howard M Wasserman

Federal district courts are routinely issuing broad injunctions prohibiting the federal government from enforcing constitutionally invalid laws, regulations, and policies on immigration and immigration-adjacent issues. Styled “nationwide injunctions,” they prohibit enforcement of the challenges laws not only against the named plaintiffs, but against all people and entities everywhere.

The first problem with these injunctions is one of nomenclature. “Nationwide” suggests something about the “where” of the injunction, the geographic scope in which it protects. The better term is “universal injunction,” which captures the real controversy over the “who” of the injunction, as courts purport to protect the universe of all …


Workers, Families, And Immigration Policies, Shannon Gleeson Feb 2018

Workers, Families, And Immigration Policies, Shannon Gleeson

Shannon Gleeson

[Excerpt] Unauthorized immigration to the US has a long and varied history shaped by a number of shifts in immigration policy. Of the global immigrant stock, 10–15 % is estimated to be undocumented (20–30 million; International Organization for Migration 2008). Today, undocumented immigrants comprise roughly 40 % of the immigrant flow to the US. Although immigrants often come to this country as a result of complex factors that were initiated or supported by the US—including free trade agreements and wars that devastated immigrants’ home countries and their national economies—once they become unauthorized, they find themselves in extremely vulnerable positions. Besides …


Music And Migratory Subjects In Pedro Almodóvar’S Todo Sobre Mi Madre, Hable Con Ella, And Volver, Debra J. Ochoa Feb 2018

Music And Migratory Subjects In Pedro Almodóvar’S Todo Sobre Mi Madre, Hable Con Ella, And Volver, Debra J. Ochoa

Debra Ochoa

A film criticism is presented for the Spanish films "Todo sobre mi madre," "Hable con ella," and "Volver," all by film director, screen writer, and producer Pedro Almodóvar. It focuses particularly on Almodóvar's use of international music and his interest in immigrants and their cultural influences on Spain.


Alma Mater, Mater Exulum. Jesuit Education And Immigration In America: A Moral Framework Rooted In History And Mission, Michael M. Canaris Jan 2018

Alma Mater, Mater Exulum. Jesuit Education And Immigration In America: A Moral Framework Rooted In History And Mission, Michael M. Canaris

Michael Canaris

Book Description: The current daily experiences of undocumented students as they navigate the processes of entering and then thriving in Jesuit colleges are explored alongside an investigation of the knowledge and attitudes among staff and faculty about undocumented students in their midst, and the institutional response to their presence. Cutting across the fields of U.S. immigration policy, theory and history, religion, law, and education, Undocumented and in College delineates the historical and present-day contexts of immigration, including the role of religious institutions. This unique volume, based on an extensive two-year study (2010-12) of undocumented students at Jesuit colleges in the …


The Overlooked Significance Of Arizona's New Immigration Law, Rick Su Jan 2018

The Overlooked Significance Of Arizona's New Immigration Law, Rick Su

Rick Su

The current debate over Arizona's new immigration statute, S.B. 1070, has largely focused on the extent to which it “empowers” or “allows” state and local law enforcement officials to enforce federal immigration laws. Yet, in doing so, the conversation thus far overlooks the most significant part of the new statute: the extent to which Arizona mandates local immigration enforcement by attacking local control. The fact is the new Arizona law does little to adjust the federalist balance with respect to immigration enforcement. What it does, however, is threaten to radically alter the state-local relationship by eliminating local discretion, undermining the …