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The Association Between Immigration And Recidivism Among Juveniles: Exploring The Effects Of Acculturation, Moral Disengagement, Employment And Community Involvement., Juanita Mirekuaa Sefa

Theses and Dissertations

The topic of immigration remains a highly debated issue, particularly in light of rising worldwide migration and its potential impacts on crime rates. This study aims to investigate the association between immigration and recidivism among juveniles and the mediating effects of acculturation, moral disengagement, employment, and involvement in community activities on recidivism. The data for this study is drawn from the Pathways to Desistance study of serious adolescent offenders. It follows approximately 1354 serious adolescent offenders, of which 210 are second-generation and 83 are first-generation immigrants. Recidivism was measured using a period of twelve months. Findings indicated that second-generation immigrants …

The Second Amendment's "People" Problem, Pratheepan Gulasekaram -- Professor Of Law

Vanderbilt Law Review

The Second Amendment has a "people" problem. In 2008, District of Columbia v. Heller expanded the scope of the Second Amendment, grounding it in an individualized right of self-protection. At the same time, Heller's rhetoric limited "the people" of the Second Amendment to "law-abiding citizens." In 2022, New York State Rifle & Pistol Ass'n v. Bruen doubled down on the Amendment's self-defense rationales but, once again, framed the right as one possessed by "citizens." In between and after the two Supreme Court cases, several lower federal courts, including eight federal courts of appeals, wrestled with the question whether the right …

Migrant Protection Protocols: An Examination Of Its Consequences And Impact On Child Enrollees, Mercedes Valadez

Journal of Family Strengths

The Trump administration made major changes to long standing immigration and asylum protocols and practices. Among the changes was the implementation of the 2019 Migrant Protections Protocols (MPP), otherwise known as the “remain in Mexico” program. MPP required asylum seekers to reside in Mexico until their U.S. immigration court hearing. Asylum-seekers, including children, were forced to live in unstable and unsafe conditions. Families were separated and children were forced to endure unanticipated hardships and trauma. Using secondary data of child MPP enrollment from fiscal year (FY) 2019 through FY 2021 and letters from child MPP enrollees, this study explores the …

Texas's "Operation Lone Star": The Supremacy Clause And Dual Federalism In Light Of Arizona V. United States, Reynaldo Ramirez, Jr

Texas A&M Law Review

The Supremacy Clause of Article Six of the United States Constitution was enacted to remedy the failures of the Articles of Confederation. Initially, the states enjoyed near-boundless state sovereignty in nearly all aspects of the first federalist government. However, in practice, the necessity of federal supremacy for conducting the business of governing obligated the states to prioritize national interests above the states’ sovereignty. To do so required revision of the Articles of Confederation. This drafting culminated in the contentious ratification of the Constitution in 1788, including the Supremacy Clause and the Tenth Amendment. That said, ratifying the Supremacy Clause and …

The ‘100-Mile Border Zone’ And The Surveillance Of Frontline Immigrant Advocates, Brandon Burkey, Isabella Jackson

The Reporter: Social Justice Law Center Magazine

No abstract provided.

The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul

Journal of the National Association of Administrative Law Judiciary

The United States’ immigration court system is located within the U.S. Department of Justice’s Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney general uses this authority, his decision cannot be reconsidered, and his opinion becomes precedent. Immigration courts are unique in that no other court system is located within or controlled by the executive branch. Focusing on key historical eras, this Comment compares the development of immigration law and policy with …

The Wall Between Latinas And Latinos? Gender And Immigration Enforcement Attitudes Among U.S. Latina/O Voters, Álvaro José Corral

Political Science Faculty Publications and Presentations

Donald Trump’s surprising level of support among U.S. Latina/o voters in 2016 and his improved performance in the 2020 election posed a puzzle for Latina/o politics scholars given his stridently anti-immigrant agenda. Although scholars have acknowledged the political gender gap between Latinas and Latino men, few studies have outlined the theoretical basis or explored the empirical existence of gender differences in Latina/o immigration enforcement attitudes. Building on the Latina politics literature documenting Latinas’ greater engagement in solidarity work with immigrants and their greater desire for cultural transmission and the maintenance of pan-ethnic identity, I test two hypotheses. The first (the …

Son Otros Tiempos: Generational Experiences Of Male Friendships Amongst Mexican And Mexican American Men, Marisela Rodríguez Molina

Dissertations and Theses

Culturally specific work with Latinx men has also discussed the way Latinx masculinities are being redefined by younger generations. Grounded in Chicana Feminist epistemologies, I use Gloria Anzaldua's borderlands framework to analyze data from 20 interviews with sons and their father figures in understanding experience of masculinities within the context of male friendships. Differences between father's and son's experiences can be attributed to social context in which men are socialized and their borderlands experiences. Findings illustrate how understandings of masculinities represent a melding of cultural values between the dominant individualistic perspective in the U.S. and the collectivist perspective from men's …

The Health Impacts Of The Trump Administration Among California Immigrants, Claudia M. Calhoon

Dissertations and Theses

Immigration policy was a marquee issue in the US presidential administration of Donald Trump. Trump’s administration employed both policy and rhetoric related to immigrants to mobilize voters, alter immigration policies and practices, and sustain a narrative of a nation under attack by immigrants. Administration officials were able to undertake these approaches because of existing immigration law, but they did so in more explicitly punitive ways than in recent administrations. The goal of this dissertation is to explore the health impacts of the administration’s practices and their effects. Paper 1 analyzes the immigration rhetoric and policies of US president Donald Trump …

Adopting Nationality, Irina D. Manta, Cassandra Burke Robertson

Washington Law Review

Contrary to popular belief, when a child is adopted from abroad by an American citizen and brought to the United States, that child does not always become an American citizen. Many adoptees have not discovered until years later (sometimes far into adulthood) that they are not actually citizens, and some likely still do not know. To address this problem, the Child Citizenship Act of 2000 (CCA) was enacted to automate citizenship for certain international adoptees, but it does not cover everyone. Tens of thousands of adoptees still live under the assumption that they are American citizens when, in fact, they …

Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott

Law & Economics Working Papers

In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to …

Spouse And Unmarried Partner Choices Among Largest Latino Nationalities In The New York Metropolitan Region, 1980 – 2021, Laird W. Bergad

Center for Latin American, Caribbean, and Latino Studies

Introduction: This report examines the married and unmarried partner choices among the largest Latino nationalities in the New York metropolitan region by race/ethnicity and nationality among household heads by sex.

Methods: This report uses the American Community Survey PUMS (Public Use Microdata Series) data for all years released by the Census Bureau and reorganized for public use by the Minnesota Population Center, University of Minnesota, IPUMSusa, (https://usa.ipums.org/usa/index.shtml). See Public Use Microdata Series Steven Ruggles, J. Trent Alexander, Katie Genadek, Ronald Goeken, Matthew B. Schroeder, and Matthew Sobek. Integrated Public Use Microdata Series: Version 5.0 [Machine-readable database]. Minneapolis: University of Minnesota, …

Immigration Law's Missing Presumption, Fatma Marouf

Faculty Scholarship

The presumption of innocence is a foundational concept in criminal law but is completely missing from quasi-criminal immigration proceedings. This Article explores the relevance of a presumption of innocence to removal proceedings, arguing that immigration law has been designed and interpreted in ways that disrupt formulating any such presumption to facilitate deportation. The Article examines the meaning of “innocence” in the immigration context, revealing how historically racialized perceptions of guilt eroded the notion of innocence early on and connecting the missing presumption to persistent associations between people of color and guilt. By analyzing how a presumption of innocence is impeded …

Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott

Articles

In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to …

¿Por Qué No Vale La Pena Salvarnos? Experiencias De Mujeres Inmigrantes Latinoamericanas Con Políticas De Inmigración Post-9/11 Y Solicitantes De Asilo En Los Estados Unidos, Kaye Romans

Undergraduate Honors Theses

Esta tesis aborda la Crimmigration—la convergencia de las políticas criminales y la ley de inmigración—en un mundo post-9/11 en lo que se refiere a las mujeres inmigrantes latinoamericanas que buscan asilo en los Estados Unidos. Utilizando la jurisprudencia, la legislación y la erudición legal, sitúo estas políticas en el contexto más amplio de la ley de inmigración tanto a nivel nacional como internacional, centrándome en la legislación y políticas claves posteriores al 9/11 tales como la Operation Streamline, la Operation Liberty Shield y el Title 42, así como la jurisprudencia clave posterior al 9/11 que trata con las mujeres latinoamericanas …

Anti-Carceral Theory And Immigration: A View From Two Law School Clinics, Sabrina Balgamwalla, Lauren E. Bartlett

Saint Louis University Law Journal

No abstract provided.

Footnote Forum’S Moderated Conversation With The Authors Of The Domestic Violence Survivors Justice Act And Criminalized Immigrant Survivors, Assia Serrano And Nathan Yaffe, Assia Serrano, Nathan Yaffe

City University of New York Law Review

No abstract provided.

Why Are We Not Worth Saving? Latin American Immigrant Women's Experiences With Post-9/11 Crimmigration Policies And Asylum-Seeking In The United States, Kaye Romans

Undergraduate Honors Theses

This thesis discusses Crimmigration—the convergence of criminal policies and immigration law—in a post-9/11 world as it relates to Latin American Immigrant women seeking asylum in the United States. Utilizing case law, legislation, and legal scholarship, I situate these policies in the broader context of immigration law both nationally and internationally, focusing on key post-9/11 legislation and policies such as Operation Streamline, Operation Liberty Shield, and Title 42, as well as key post-9/11 case law dealing with Latin American women seeking asylum in the United States. With these foundational understandings, I provide possible solutions that would lessen the harms presented to …

The Immigration Implications Of Presidential Pot Pardons, Jason A. Cade

Scholarly Works

This Essay examines the immigration implications of President Joe Biden’s Proclamation on October 6, 2022, pardoning most federal and D.C. offenders who committed the offense of simple marijuana possession. A late twentieth century interpretive shift by the Board of Immigration Appeals holds that pardons only prevent deportation for certain criminal history categories, which do not include controlled substance offenses, and thus far lower federal courts have deferred to the agency’s approach.Nevertheless, according to the analysis I offer, President Biden’s cannabis pardons should be deemed fully effective to eliminate all immigration penalties. All of the immigrant pardon cases to reach the …