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Laying It On The Line: How Hernandez V. Mesa Nixed Bivens For A Transnational Homicide, Sean Davis

Lincoln Memorial University Law Review Archive

n Hernandez v. Mesa, the Supreme Court denied the petitioners the opportunity to seek a Bivens remedy for a constitutional violation by a federal official. The Court appears like it will soon remove Bivens remedies entirely. This article analyzes the case and argues that the Court correctly decided the issue. Current literature decries this decision as ignoring precedent but fails to analyze the framework for deciding Bivens cases fully. The article further adopts the stance of the concurrence to argue that Bivens remedies violate the separation of powers, have failed to achieve their stated purpose, and should be completely abolished. …

From My Kitchen Window: Reflections And Essays Of A Border Crisis, Melissa Guerra

Theses and Dissertations

Memories and encounters of a life long border resident during the ongoing immigration crisis experienced in the Rio Grande Valley from 2017-2020. Thesis includes published essays that featuring interviews with migrants at the Catholic Charities of the Rio Grande Valley Humanitarian Respite Center.

It Is Time To Get Back To Basics On The Border, Donna Coltharp

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Recent Developments, Peyton Hildebrand

Arkansas Law Review

In a 5-4 opinion, the United States Supreme Court once again denied a Bivens action. This case involved a tragic crossborder shooting by a border patrol agent standing on United States soil, who shot and killed a young boy standing on Mexican soil. Petitioners, the boy’s parents, sought relief under Biven2, arguing the agent’s action violated the Constitution. However, the Court determined the cross-border shooting was a new Bivens context, which required an analysis of whether any special factors “counseled hesitation” for the cause of action to be extended. The Court concluded Bivens was inappropriate because several factors “counseled hesitation”—namely, …

Environmental Health And Policy At The Tijuana-San Diego Border, Imma Honkanen

Undergraduate Honors Theses

Immigration at the U.S.-Mexico border, walls and security, and drug trafficking, are among the most deliberated policy issues in the U.S.’s political climate. As a result, policies and international cooperation concerning environmental health impacts at the border are often overlooked, particularly in the Tijuana-San Diego border region. These impacts include contamination and overuse of water by maquiladoras, air pollution from concentrated border transit and power plants, and the heightening threat of global warming. However, as climate change worsens and immigration problems grow, this wide range of environmental hazards demand ambitious policy considerations, especially in the Tijuana-San Diego border region. In …

Northwest Immigrant Rights Project, Jorge Baron, Maria Kolby-Wolfe, Kristen Smith Dayley, Twila Bird, Tsos

TSOS Interview Gallery

The Northwest Immigrant Rights Program has been around for 35 years, started in 1984 specifically to help Central American refugees during the mid-1980s, when they were fleeing civil wars. A pro-bono group of attorneys performing "direct legal representation", helping low income community members who are navigating different aspects of the immigration system. NWIRP also engages in "systemic advocacy" which attempts to change systems and policies revolving around asylum and immigration rights.

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Border Enforcement And Civil Rights Along The Texas-Mexico Border, Esther Reyes

Latino Public Policy

Over the past two decades, spending on enforcement along the southwestern border of the United States has expanded dramatically. The annual budget of the U.S. Border Patrol, increased from $400 million in fiscal year 1994 to $3.8 billion in fiscal year 2017. During this period, the number of Border Patrol agents stationed along the U.S.Mexico border grew by nearly 450 percent, from 3,747 to over 16,605 agents. Meanwhile, apprehensions of unauthorized migrants along the U.S.-Mexico border declined from 979,101 in 1994 to 303,916 in 2017.

These expansions and the accompanying declines in immigrant populations and apprehensions have raised concerns about …

Policy On Immigration From The Southwest And Resulting Border Control Security Implications, Amber Gottfried, Arpit Bawa, Russel Goff, Austin Grelle, Marielynn Herrera

Student Papers in Public Policy

The attacks of September 11, 2001 (9/11) forced the United States to examine its immigration policies and how they relate to the national security of the nation. In the months following these events, Congress expanded the nation’s ability to collect data and share information on suspected terrorists through the passage of several laws focused on detaining and deportation of immigrants (Rosenblum, 2011). Although the intention of the enactment of these policies was to protect the nation from further terrorist attacks, they have created unforeseen impacts on populations identified as immigrants into the United States.

Mexican Workers In The United States Labour Market: A Contemporary Dilemma, Vernon Briggs

Vernon M Briggs Jr

"Ever since the present political boundary separating Mexico and the United States was established in 1848 by the Treaty of Guadalupe Hidalgo and partially amended in 1853 by the Gadsden Purchase, there has been migration of Mexican citizens into the United States. In fact the border between the two nations was completely open until, with the passage of the Immigration Act of 1924, the Border Patrol was established and it became a felony to enter the United States illegally. No quota, however, was applied to immigration from Mexico until 1968. During that year legislation became effective which restricted total annual …

Mexican Workers In The United States Labour Market: A Contemporary Dilemma, Vernon Briggs

Vernon M Briggs Jr

"Ever since the present political boundary separating Mexico and the United States was established in 1848 by the Treaty of Guadalupe Hidalgo and partially amended in 1853 by the Gadsden Purchase, there has been migration of Mexican citizens into the United States. In fact the border between the two nations was completely open until, with the passage of the Immigration Act of 1924, the Border Patrol was established and it became a felony to enter the United States illegally. No quota, however, was applied to immigration from Mexico until 1968. During that year legislation became effective which restricted total annual …

Border Bandits: Hollywood On The Southern Frontier (Book Review), Claudia Ferman

Latin American, Latino and Iberian Studies Faculty Publications

Fojas begins the preface to her book with a reference to May 1, 2006, a date on which American workers recognized International Labor Day by boycotting their jobs and marching to reject a law that repressed undocumented workers at the same time that it proposed the construction of a wall along the whole 700-mile Mexican border. The author claims that this protest marked "a new era in the predicament of workers at the bottom of the labor market" (vii). For Fojas, this moment marks a new visibility for Latinos and immigrant communities.

It is against this historical and political horizon …

Help Wanted: Looking For A Visa System The Promotes The U.S. Economy And National Security, Jonathan G. Goodrich

University of Richmond Law Review

No abstract provided.

Border Vigilantism And Comprehensive Immigration Reform, Christopher J. Walker

Christopher J. Walker

While many actors and conditions contribute to the problems at the border, one set of actors has been unexplainably missing from the literature and policy analysis: border vigilantes. These vigilantes have painted the border as a dangerous locus of criminal and terrorist activity, necessitating concerned citizen sentinels. They have blitzed the public with portrayals about the number of migrants crossing the border illegally and the need for law enforcement to increase border protection. Their message is powerful because they back their rhetoric with action: these individuals camp out near popular desert border-crossing points, document the rate of undocumented migration, and …

An Integrated Framework For Modeling And Simulation Of The U.S. Southern Border: A Border Patrol Perspective, Shannon R. Bowling, Ghaith Rabadi, Charles Keating

Engineering Management & Systems Engineering Faculty Publications

Border Security is a complex system consisting of many interrelated components that must function as a whole in order to be effective. The efficacy of border security is dependent on several independent agencies; these include U.S. Customs and Border Patrol (CBP), Immigration and Customs Enforcement (ICE), the Department of Justice (DOJ), state and local law enforcement, and many others. Border security is not only a function of how well each of the agencies perform individually but also how well they interact to accomplish a goal. This paper attempts to model border security from a Border Patrol (BP) perspective using discrete …

The Wrong Solution: An Examination Of Present Bush's Proposed Temporary Worker Program., Tory A. Cronin

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2004, President George Bush offered a new proposal to provide temporary work permits to undocumented immigrants. His proposal, however, falls short of his goals to create an immigration system which serves the American economy and reflects the American Dream. This temporary worker program would provide labor for positions which Americans are not filling currently. For some reason, Americans seem averse to holding certain jobs even though these jobs are readily available. President Bush’s proposal, which he asked Congress to draft, alleviates pressure on American employers who wish to fill low-demand jobs with foreign laborers. The proposal accomplishes this by …

America's Victims At Its Southern Border, Assembly Republican Caucus Office Of Policy Research, Jamie Langius

California Assembly

This report documents that American citizens and companies are victims of an international border that is out of control. The Speaker of the California State Assembly, Curt Pringle has established a Border Crime Subcommittee to the Public Safety Committee and appointed Assemblyman Jan Goldsmith as its Chair.

U.S. Immigration Reform: Employer Sanctions And Antidiscrimination Provisions, Alan K. Simpson

University of Arkansas at Little Rock Law Review

No abstract provided.

Corruption In Immigration Services: Corrupción En Los Servicios De Inmigración

United States Government

The Department of Justice conducted an investigation of the actions of the United States Immigration officials and border patrol. The investigation found a list of illicit activists that included prostitution, slavery, and murder to name a few. The article provides more details. It also highlights the efforts of Cesar Chavez, United Farm Workers and allies to pass laws that support immigrants/workers.

Corruption In Immigration Services: Corrupción En Los Servicios De Inmigración

Activists

The Department of Justice conducted an investigation of the actions of the United States Immigration officials and border patrol. The investigation found a list of illicit activists that included prostitution, slavery, and murder to name a few. The article provides more details. It also highlights the efforts of Cesar Chavez, United Farm Workers and allies to pass laws that support immigrants/workers.

Corruption In Immigration Services: Corrupción En Los Servicios De Inmigración

Subjects

The Department of Justice conducted an investigation of the actions of the United States Immigration officials and border patrol. The investigation found a list of illicit activists that included prostitution, slavery, and murder to name a few. The article provides more details. It also highlights the efforts of Cesar Chavez, United Farm Workers and allies to pass laws that support immigrants/workers.

The Struggle: La Lucha

Politicians

Farm workers in Coachella, California, went on strike to improve their working and living conditions. Additionally, they went up against growers unjust practices particularly the use of pesticides. Included are additional efforts of farm workers who fought for fair labor contracts and against unjust practices of growers and politicians. In addition, the writers incorporated a brief overview of Watergate and outlined the corrupt actions of United States and Mexico border patrol agents. Some of the charges against the agents included smuggling undocumented individuals to the United States, sale of documents, and abuse/harassment of undocumented individuals.

The Struggle: La Lucha

Subjects

Farm workers in Coachella, California, went on strike to improve their working and living conditions. Additionally, they went up against growers unjust practices particularly the use of pesticides. Included are additional efforts of farm workers who fought for fair labor contracts and against unjust practices of growers and politicians. In addition, the writers incorporated a brief overview of Watergate and outlined the corrupt actions of United States and Mexico border patrol agents. Some of the charges against the agents included smuggling undocumented individuals to the United States, sale of documents, and abuse/harassment of undocumented individuals.

The Struggle: La Lucha

United States Government

Farm workers in Coachella, California, went on strike to improve their working and living conditions. Additionally, they went up against growers unjust practices particularly the use of pesticides. Included are additional efforts of farm workers who fought for fair labor contracts and against unjust practices of growers and politicians. In addition, the writers incorporated a brief overview of Watergate and outlined the corrupt actions of United States and Mexico border patrol agents. Some of the charges against the agents included smuggling undocumented individuals to the United States, sale of documents, and abuse/harassment of undocumented individuals.