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Articles 1 - 3 of 3
Full-Text Articles in Law
Redefining “Particularly Serious Crimes” In Refugee Law, Mary Holper
Redefining “Particularly Serious Crimes” In Refugee Law, Mary Holper
Florida Law Review
Refugees are not protected from deportation if they have been convicted of a “particularly serious crime” (PSC) which renders them a danger to the community. This raises questions about the meaning of “particularly serious” and “danger to the community.” The Board of Immigration Appeals, Attorney General, and Congress have interpreted PSC quite broadly, leaving many refugees vulnerable to deportation without any consideration of the risk of persecution in their cases. This trend is disturbing as a matter of refugee law, but it is even more disturbing because it demonstrates how certain criminal law trends have played out in immigration law. …
How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi
How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi
UF Law Faculty Publications
In thinking about the War on Terror’s impact on U.S. law, what most likely comes to mind are its corrosive effects on public law, including criminal law, immigration, and constitutional law. What is less appreciated is whether and how the fight against terrorism has also impacted private law. As this Article demonstrates, the War on Terror has had a negative influence on private law, specifically on torts, where it has upended long-standing norms, much as it has done in the public law context.
Case law construing the private right of action under the Antiterrorism Act of 1992, 18 U.S.C. § …
The Immigration-Welfare Nexus In A New Era?, Andrew Hammond
The Immigration-Welfare Nexus In A New Era?, Andrew Hammond
UF Law Faculty Publications
The Trump Administration’s immigration policy is one of the most hotly contested areas of American law. However, few have explored the Administration’s interest in using the obscure doctrine of public charge to further its agenda. Public charge determinations allow immigration authorities to prevent individuals from entering the country as well as deport immigrants who use public benefits. What’s more, individuals who sponsor family members to enter the United States are liable to pay the federal government back for any public benefits the sponsored family member uses once in the United States. A leaked draft Executive Order and proposed regulations suggest …