Digital Commons Network^™

Migrant Surveillance: How The Federal Government Monitors Asylum Seekers, Roshan Abraham

Capstones

The federal government has funded electronic monitoring of undocumented immigrants awaiting deportation hearings since 2005, but a spike of refugees from Central America since 2014 have lead the program to be used more and more on women with children fleeing gang violence in the Northern Triangle. The program is run by a private prison company that also handles electronic monitoring for parolees. Advocates believe this brings up ethical questions about surveillance technologies that should be addressed, but officials claim it is a cheap and more humane solution than detention.

Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli

Faculty Scholarship

If Donald Trump, kicking off his campaign for the White House, was saying “what everyone is thinking,” about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales — some as old as the Flood. This article recommends that the news …

What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum

DePaul Journal for Social Justice

No abstract provided.

Personal Security And Immigration In The European Union, Anna Kristi Muzzy

Boise State University Theses and Dissertations

What is the impact of migration patterns on perceptions of personal security in the European Union countries over the past half-decade? Although the numbers of migrants from outside the EU are undeniably massive, their impact upon domestic public opinion is understudied. Following recent work that explores themes of fear of migrants in EU native populations (Bustikova 2014, d' Appollonia and Reich 2008, Ivarsflaten 2008), I propose a multivariate model that explains variation across EU countries in citizens' views of personal security that includes migration rates, unemployment rates, crime rates, the presence of terrorism, and views of government performance. The results …

Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano

University of Miami Race & Social Justice Law Review

Florida is one of fifteen jurisdictions in the United States that have enacted a direct file statute that grants prosecutors the ability to transfer juveniles from the juvenile justice system to adult court. Critiques of the direct file statute have focused on its effectiveness on deterrence and recidivism, its arbitrariness in application, and the tension with the role of juvenile justice in reforming rather than punishing youth. This Note explores the harmful consequences of the direct file statute on non-citizen youth in immigration proceedings and the probability of obtaining immigration relief. An adult conviction as opposed to a juvenile delinquency …

Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky

Law School Blogs

No abstract provided.

The Criminalization Of Immigration: Value Conflicts For The Social Work Profession, Rich Furman, Alissa R. Ackerman, Melody Loya, Susanna Jones, Nalini Negi

Rich Furman

This article examines the impact of the criminalization of immigration on non-documented immigrants and the profession of social work. To meet its aims, the article explores the new realities for undocumented immigrants within the context of globalization. It then assesses the criminal justice and homeland security responses to undocumented immigrants, also referred to as the criminalization of immigration. It subsequently explores the ethical dilemmas and value discrepancies for social workers that are implicated in some of these responses. Finally, it presents implications for social workers and the social work profession.

Immigration, Employment Opportunities, And Criminal Behavior, Matthew Freedman, Emily Owens, Sarah Bohn

Matthew Freedman

Immigration, Employment Opportunities, And Criminal Behavior [Online Appendix], Matthew Freedman, Emily Owens, Sarah Bohn

Matthew Freedman

Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria L. Ontiveros

Seattle University Law Review

The government focuses on trafficking as the definitive form of modern day slavery. In doing so, it portrays modern day slavery as a private act with identifiable wrongdoers and views the Thirteenth Amendment through the lens of forced labor. Workers’ advocates, on the other hand, portray modern day slavery as a systemic form of oppression, supported by governmental policies on immigration and occupational exclusions. These groups focus on the Thirteenth Amendment through the lens of class. A historical analysis suggests that the proper approach views the Thirteenth Amendment through the lens of both class and labor.

Matter Of A-R-C-G- And Domestic Violence Asylum: A Glimmer Of Hope Amidst A Continuing Need For Reform, Caroline Mcgee

University of Miami Law Review

In August 2014, the Board of Immigration Appeals (“BIA”) issued its first published decision recognizing domestic violence as a basis for asylum. In Matter of A-R-C-G-, the BIA held that a woman who had suffered horrific abuse at the hands of her husband in her native Guatemala qualified for asylum as a member of a particular social group. The landmark decision came after years of uncertainty regarding the viability of domestic violence asylum claims and fourteen years after the BIA had rejected domestic violence as a basis for asylum in Matter of R-A-. Parts I and II of this Comment …

Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes

Faculty Scholarship

In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency determinations in immigration court are made by immigration judges, most commonly without the benefit of any mental health evaluation or expertise. In reflecting on the protections and processes in place in the criminal justice system, and on interviews with removal defense practitioners at ten different sites across the United States, I conclude that the role of the immigration judge in mental competency determinations must be changed in order to protect the …

No More Bed, Bath And Bread? The Netherlands' Discontinuation Of Unconditional Support For Asylum Seekers, Bethany Hess

Graduate Theses & Dissertations

The refugee crisis in the European Union has acted as a test for the domestic policies of its member states. This is especially true for the Netherlands. Expecting a large influx of refugees, the Netherlands reevaluated its refugee policies. Consequently, the government decided to close down regional asylum shelters, and discontinue what was informally recognized as the bed-bath-bread regulation. The new refugee policy taking its place would create reception centers for asylum applicants and failed asylum seekers working on a process for voluntary return. The new policy would force any failed asylum seeker thought to be in noncompliance with voluntary …

Huddled Masses Yearning To Breathe Free: Prosecutorial Discretion And Immigration Law, Justin Miller

Brigham Young University Prelaw Review

No abstract provided.

The Case Against So-Called Comprehensive Immigration Reform And For, Instead, Enforcing The Numerical Limits On Immigration Adopted By Congress, Jan C. Ting

Journal of International and Comparative Law

No abstract provided.

Padilla V. Kentucky: Sound And Fury, Or Transformative Impact, Steven Zeidman

Fordham Urban Law Journal

No abstract provided.

Realizing Padilla’S Promise: Ensuring Noncitizen Defendants Are Advised Of The Immigration Consequences Of A Criminal Conviction, Yolanda Vàzquez

Fordham Urban Law Journal

No abstract provided.

Conference Report: Padilla And The Future Of The Defense Function, Joel M. Schumm

Fordham Urban Law Journal

No abstract provided.

You Are The Last Lawyer They Will Ever See Before Exile: Padilla V. Kentucky And One Indigent Defender Office's Account Of Creating A Systematic Approach To Providing Immigration Advice In Times Of Tight Budgets And High Caseloads, Carlos J. Martinez, George C. Palaidis, Sarah Wood Borak

Fordham Urban Law Journal

No abstract provided.

Inequality In A "Postracial" Era: Race, Immigration, And Criminalization Of Low Wage Labor, Ruth Gomberg-Munoz

Ruth Gomberg-Munoz

Over the past four decades, increasingly punitive and enforcement-oriented U.S. immigration policies have been legitimized by a rhetoric of criminality that stigmatizes Latino immigrant workers and intensifies their exploitation. Simultaneously, there has been a sevenfold increase in the prison population in the United States, in which African Americans are eight times more likely to be jailed than Whites (Western 2006, p. 3). In this paper, I draw on scholarship in history and sociology, as well as my own anthropological research, to develop the argument that criminal justice policies and immigration policies together disempower low-wage U.S. labor and maintain categorical racial …

Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom

University of Miami Law Review

The relationship between federal immigration enforcement and state criminal, post-conviction law exemplifies certain inevitable complexities of preemption and federalism. Because neither perfect uniformity nor complete preemption is possible, we must consider two questions: First, whether (and, if so, how) state courts adjudicating rights should account for legitimate federal immigration law goals, such as uniformity and finality? Second, how should federal courts deploy preemption and federalism principles when faced with challenges by federal authorities to such state court actions? This article offers a framework of “dialogical federalism,” seeking to normalize certain tensions under a rubric of dialogue, rather than formal hierarchy …

Immigration, Criminalization, And Disobedience, Allegra M. Mcleod

University of Miami Law Review

This Article explores two contending visions of immigration justice: one focused on expanding procedural rights for immigrants, and a second associated with a movement of immigrant youth who have come out as “undocumented and unafraid,” issuing a fundamental challenge to immigration restrictionism. As immigration enforcement in the United States increasingly relies on criminal prosecution and detention, advocates for reform have increasingly turned to constitutional criminal procedure, seeking greater procedural protections for immigrants. But this Article argues that this focus on enhanced procedural protections is woefully incomplete as a vision of immigration justice. Although a right to counsel, for example, may …

My News

My News (2014-2020)

• Pulitzer Prize winner Jose Antonio Vargas to discuss immigration
• Learn about the newest Eagles at the National Signing Day Event Feb. 3
• Research Symposium 2016 now accepting submissions
• Sankofa African­American Museum visits the Union
• Award­winning journalists discuss 'Voting as an Informed Citizen' at Georgia Southern

Alien, Illegal, Undocumented: Labeling, Context, And Worldview In The Immigration Debate And In The Lives Of Undocumented Youth, David A. Caicedo

Dissertations, Theses, and Capstone Projects

A key element of investigating attitudes towards unauthorized immigrants in the United States has been political orientation, yet few studies have examined the influence of such orientation on labels relevant to the immigration debate. The current dissertation project examined these attitudes among young adults using survey, focus group, and interview methodologies. Level of agreement on various statements regarding unauthorized immigrants was examined in Study I, definitions given for the labels ‘illegal’ and ‘undocumented’ were explored in Study II, and the lived experience of undocumented youth in two community colleges was investigated in Study III. It was hypothesized that: I) attitudes …

“And Ain’T I A Woman?”: Feminism, Immigrant Caregivers, And New Frontiers For Equality, Shirley Lin Esq.

Shirley Lin Esq.

Part I draws from a body of feminist political and social science theories regarding social reproduction to assess the situation of immigrant domestic workers and their recent efforts to claim inclusion in workplace laws and protections. It locates the increasingly carceral dynamics that are expressed in the law and in state infrastructure that continually undermine immigrant women’s economic and social stability. Part II examines the importance of immigrant women workers in the United States and their disproportionate share in the “feminization” of low-wage work at a time when society’s critical social-reproductive work has been shifted to them. Part III analyzes …

Identifying Business Risk Factors Of Identity Theft, Robert K. Minniti

Walden Dissertations and Doctoral Studies

Businesses are under pressure to identify and control risks affecting profitability, including the risk of fraud. Identity theft, a type of fraud, costs businesses, governments, and individuals in excess of $56 billion a year. In order to develop good internal controls to help prevent and detect fraud, it is necessary to identify the risks to the business, but business owners are not always aware of what risk factors relate to identity theft. A nonexperimental research design formed the basis of this research study. The population for this study was data from all 50 U.S. states, represented via government databases maintained …

Beyond Legality: The Legitimacy Of Executive Action In Immigration Law, Ming H. Chen

Publications

Recent uses of executive action in immigration law have triggered accusations that the President is acting imperially, like a king, or as a lawbreaker. President Obama’s Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs, which provide protection from deportation and a work permit during a temporary period of lawful presence, serve as the lightning rod for these accusations. But even as legislative and litigation challenges to DACA proceed, many states appear to accept and comply with it, including nearly all of the states that have joined the Texas v United States lawsuit that challenges …

Beyond Deportation: Understanding Immigration Prosecutorial Discretion And United States V. Texas, Shoba S. Wadhia

Journal Articles

In this article, I place the Supreme Court case of United States v. Texas into a broader context by describing the history and legal authority for prosecutorial discretion in immigration law and highlighting the contents and recommendations in my book, Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases. Part I of this article offers a primer on the role of prosecutorial discretion in immigration law and also describes two related programs announced by President Obama on November 20, 2014 and the subject of litigation for nearly two years as of this writing. Part II provides a history …

Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming H. Chen

Publications

The conventional wisdom, backed by legitimacy research, is that most people obey most of the laws, most of the time. This turns out to not be the case in a study of state-local participation in immigration law enforcement. Two enforcement programs involving the use of immigration detainers, a vehicle by which the federal government (through ICE) requests that local law enforcement agencies (LEAs) detain immigrants beyond their scheduled release upon suspicion that they are removable, demonstrate the breakdown of conventional wisdom. In the five years following initiation of the Secure Communities program, a significant and growing number of states and …

Doubling Down On Racial Discrimination: The Racially Disparate Impacts Of Crime-Based Removals, Kevin R. Johnson

Case Western Reserve Law Review

Part I of this Article considers parallel developments in the law that contribute to what can be characterized as the emergence of nothing less than a Latina/o removal system. It first considers the Supreme Court’s implicit sanctioning of race-conscious law enforcement in the United States, with the centerpiece of this symposium, Whren v. United States, perhaps the most well-known example. Second, it summarizes the trend over the last twenty years toward greatly increased cooperation between state and local law enforcement agencies and federal immigration enforcement authorities. Part I proceeds to analyze how and why an increasing number of state and …