Law Commons^™

Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law

RWU Law

No abstract provided.

Domino Effect: How Scalia Lives On Through The Controversial Texas Immigration Law And Which States Are Itching To Pull The Trigger, Kristin Hommel

Immigration Law Blog

No abstract provided.

Manufactured State Immigration Emergencies As State Vigilantism, Kate Huddleston

Texas A&M Law Review

President Trump shattered norms when he declared a national emergency at the U.S.–Mexico border to build a border wall. State governors have now followed that lead in taking up what Justice Jackson, dissenting in Korematsu v. United States (1944), called the “loaded weapon” of emergency—doing so, like Trump, in the context of the border. Governors of Texas, Arizona, and Florida have all issued state declarations of emergency based on (1) migration, and (2) the Biden administration’s purported failure to engage in immigration enforcement. These state emergency declarations have not been studied or even identified in legal literature as a state …

Essentializing Cultures In Us Asylum Law, Jaclyn Kelley-Widmer, Estelle Mckee

Brooklyn Law Review

Asylum applicants must tell a story about their home country that reduces and problematizes its culture. The requirements of asylum law demand that an applicant show why they will suffer persecution in their home country and that their government will not protect them from it. This legal framework prompts applicants to present a narrative in which their home culture plays the role of the ultimate antagonist, the force that propels the applicant’s persecutors to single them out for harm and renders their government passive—or even complicit—in the face of it. Such a narrative necessarily reduces the applicant’s culture to its …

Mass Surrender In Immigration Court, Michael Kagan

UC Irvine Law Review

In theory, the Department of Homeland Security bears the burden of proof when it seeks to deport a person from the United States. But the government rarely has to meet it. This Article presents original data from live observation in Immigration Court, documenting that almost all respondents in deportation proceedings admit and concede the charges against them, even when they have attorneys, without getting anything in return from the government. Focusing especially on the role of immigrant defense lawyers, the Article explores why this is happening. It critiques the legal standards of proof used in Immigration Court, while also exploring …

In Citizenship We Trust? The Citizenship Question Need Not Impede Puerto Rican Decolonization, Jimmy Mcdonough

Michigan Law Review

Puerto Rico is an uncomfortable reminder of the democratic deficits within the world’s oldest constitutional democracy. Puerto Ricans are U.S. citizens who live in a U.S. territory that is subject to the plenary authority of Congress, to which they cannot elect voting members. In 2022, under unified Democratic control for the first time in a decade, Congress considered the Puerto Rico Status Act, legislation that would finally decolonize Puerto Rico. The Status Act offered Puerto Rican voters three alternatives to the colonial status quo—statehood, independence, or sovereignty in free association—and committed Congress to implementing whichever alternative won majority support from …

Peripheral Detention, Transfer, And Access To The Courts, Jessica Rofé

Michigan Law Review

In the last forty years, immigration detention in the U.S. has grown exponentially, largely concentrated in the southern states and outside of the country’s metropoles. In turn, federal immigration officials routinely transfer immigrants from their communities to remote jails and prisons hundreds, if not thousands, of miles away, often in jurisdictions where the law is more favorable to the government. These transfers are conducted without notice or process and frequently occur on weekends or in the predawn hours, when offices are closed and interested parties are lucky to access voicemail.

Federal immigration officials’ use of peripheral detention and transfer significantly …

Designing Sanctuary, Rick Su

Michigan Law Review

In recent decades, a growing number of cities in the United States have adopted “sanctuary policies” that limit local participation in federal immigration enforcement. Existing scholarship has focused on their legality and effect, especially with respect to our nation’s immigration laws. Largely overlooked, however, is the local process through which sanctuary policies are designed and the reasons why cities choose to adopt them through city ordinances, mayoral orders, or employee handbooks. This Article argues that municipal sanctuary policies are far from uniform, and their variation reflects the different local interests and institutional actors behind their adoption and implementation. More specifically, …

From Precedent To Policy: The Effects Of Dobbs On Detained Immigrant Youth, Ciera Phung-Marion

Washington Law Review

In June 2022, the United States Supreme Court released the historic decision Dobbs v. Jackson Women’s Health Organization, holding that the U.S. Constitution does not protect an individual’s right to an abortion. Dobbs overturned many cases, including J.D. v. Azar, which previously protected abortion rights for unaccompanied migrant youth in federal detention facilities. Post-Dobbs, the Office of Refugee Resettlement (ORR)—the agency responsible for caring for detained immigrant children—still protects abortion rights as part of its own internal policy. Without judicial precedent, however, this policy lacks the stability to truly protect the rights of the children in its …

The United States Must Reform Its Laws To Eradicate Female Genital Mutilation, Kelly Schweikert

Immigration and Human Rights Law Review

No abstract provided.

The Interconnectedness Of The Classroom To The Health Of Black Men Who Have Sex With Men, Travis Hardee

Immigration and Human Rights Law Review

The human right to education and health are inherently interrelated, both key in ensuring the health and development of an equitable and just society.1 Yet, the series of bills currently threatening the inclusion of essential conversations about race, sexuality, and sexual orientation is an overt attempt to obscure the honest history of the United States and further supplant the current social hierarchy. The United States’ failure to acknowledge the essential role representational education plays in undermining the disparate outcomes that afflict vulnerable communities in the country deserves more attention than it has garnered. Here, the disparate health status of Black …

Anti-Abortion Authoritarianism: The Rise Of Restriction On Voting Rights And Free Speech Post-Dobbs, Emma Kalucki

Immigration and Human Rights Law Review

Following the Dobbs v. Jackson Women’s Health Organization decision, state governments have individually addressed abortion rights through legislation. Many Republican controlled state legislators have taken extreme authoritarian and harsh measures to push anti-abortion legislation; however, these measures, while addressing abortion rights, heavily infringe on basic human rights guaranteed to the American people. More specifically, the proposed amendment to Ohio’s State Constitution in August 2023 violated Ohioan’s essential voting rights and Idaho’s No Public Funds for Abortion Act blatantly infringes upon public university professor’s First Amendment freedom of speech.

False Promises Of Protection: Town Of Castle Rock V. Gonzales And The Supreme Court’S Failure To Protect Human Rights, Kylie Rhoton

Immigration and Human Rights Law Review

No abstract provided.

Italian And Eu Funding Of The Libyan Coast Guard: How Italian External Border Immigration Policies Have Created Crimes Against Humanity, Public Ignorance, And Legal Accountability Issues, Andrea Beck

Immigration and Human Rights Law Review

No abstract provided.

287(G): Ice Deputizing Local Law Enforcement Harms Migrants And Local Communities, Charles Powers

Immigration and Human Rights Law Review

Section 287(g) of the Immigration and Nationality Act authorizes the United States Immigration and Customs Enforcement (ICE) to form agreements with local law enforcement departments; deputizing them for ICE’s objectives while they continue to serve their local municipalities. This program has resulted in racial profiling, the stripping of liberties, and wrongful detentions. In recent years, municipalities have signed 287(g) agreements at a staggering rate. The UN Committee on the Elimination of Racial Discrimination issued a report pleading for the US to end this practice, yet there seems to be no end in sight. In this essay, I hope to explain …

Barriers At The Border: The Impact Of United States Immigration Policy On Multi-Host Sporting Events, Phoebe Cooper

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Changemakers: Juris Doctorate: Saad Ahmad: Immigration Lawyer Saad Ahmad L'00 Shows That Appellate Practice Isn't Just For Large Firms, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Reparative Citizenship, Amanda Frost

William & Mary Law Review

The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War to the Tuskegee syphilis experiments. Yet the nation has never considered reparations for 150 years of discriminatory immigration and citizenship policies that excluded millions based on race, gender, and political opinion—including some who are alive today. This Article argues that the United States can atone for these transgressions by granting “reparative citizenship” to those individuals and their descendants, following the lead of several European countries who have recently provided such relief for those wrongly expelled or excluded in …

Climate Change And The Future Of Immigration, Rebekah Johnson

Immigration Law Blog

No abstract provided.

From Improper Care To Inadequate Remedies: Continued Discriminatory Treatment Of Migrant Women In The United States Healthcare System, Hannah Finch

Immigration Law Blog

No abstract provided.

Migrant Children And Legislation: Integrating Knowledge About Trauma Into Policy, Yolennys E. Albornoz

Dissertations, Theses, and Capstone Projects

This study seeks to integrate some knowledge about trauma into migration policies in the U.S. regarding children. Migration is not a novel concept; it is a dynamic phenomenon that experiences continuous changes and constantly increases in numbers. Globally, the United States has been the primary destination for foreign migrants for a long time, and most of them are Latinos who cross the U.S. and Mexico border. Here, I explore how children face trauma in their home country, which forces them to migrate. Also, while they migrate and after they have migrated, exposing the three stages of trauma for migrant children. …

“Help Is Here”: How A Daca Pathway To Citizenship Will Help Save The Social Security Fund, Jissel Esparza

Arkansas Law Review

Two federal programs hold their beneficiaries in limbo: DACA and Social Security. This Comment demonstrates that creating a citizenship pathway for the DACA population will not only give these deserving individuals the ability and security to remain in the United States but will also provide relief to Social Security’s impending insolvency through the influx of taxes that these then citizens will contribute as a result of increased opportunities. At the same time, this Comment does not attempt to portray its argument as a “silver bullet.” Rather, this approach is one tool that can be utilized by legislative efforts to remedy …

Hope Or Hostility On The Forefront: Challenges At The Southwest Border, Pretima Persaud

Immigration Law Blog

No abstract provided.

Protecting The Human Rights Of Venezuelan Migrants And Refugees In The United States, Luis David Escorcia Pimienta

Immigration Law Blog

No abstract provided.

2018 1st Place: Waking Up From A Dream, Josue Andaluz

Harrisburg University Research Symposium: Highlighting Research, Innovation, & Creativity

About the current issue of the DACA program.

Having Decency Towards Immigrants Requires The Abolition Of For-Profit Detention Centers, Ariadna Quinares Navarrete

Seattle Journal for Social Justice

No abstract provided.

Opting Out Of The Exception: Washington’S Opportunity To Provide Due Process For Detained Immigrants, Ryan Saunders

Seattle Journal for Social Justice

No abstract provided.

Doe Not Worry: Expanding Protections For Unaccompanied Children, Heidi E. Davis

Indiana Journal of Law and Social Equality

A recent Fourth Circuit decision created a circuit split regarding the standard applied to constitutional violations in secure holding facilities. The more “liberal” professional judgment standard—as promulgated by Youngberg v. Romeo and applied to unaccompanied immigrant minors in Doe 4 ex rel. Lopez—is necessary but insufficient for the protection of unaccompanied children. This Note first examines the origins of the professional judgment standard in the Youngberg case. Then, cases are surveyed showing that the Supreme Court has recognized children as a vulnerable population, and current regulations, legislation, and court opinions recognize the vulnerabilities of unaccompanied children. With these ideas in …

The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino

Seattle University Law Review

U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …

Immigration Detention Abolition And The Violence Of Digital Cages, Sarah Sherman-Stokes

University of Colorado Law Review

The United States has a long history of pernicious immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs Enforcement (ICE) shackles and surveils an astounding 376,000 people under its “Alternatives to Detention” (“ATD”) program. The number of people subjected to this surveillance has grown dramatically in the last two decades, from just about 1,700 in 2005. ICE’s rapidly expanding Alternatives to Detention program is a “digital cage,” consisting of GPS-outfitted ankle shackles and invasive phone and location tracking. Government officials and some immigrant advocates have characterized these digital cages as …