Law Commons^™

Challenging Detention: Why Immigrant Detainees Receive Less Process Than Enemy Combatants And Why They Deserve More, Faiza Sayed

Faculty Scholarship

No abstract provided.

Accessing Justice: The Availability And Adequacy Of Counsel Removal Proceedings: New York Immigrant Representation Study Report, Stacy Caplow, Peter L. Markowitz, Jojo Annobil, Peter Z. Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay C. Nash

Faculty Scholarship

No abstract provided.

Accessing Justice: The Available And Adequacy Of Counsel In Removal Proceedings, Peter Markowitz, Jojo Annobil, Stacy Caplow, Peter V.Z. Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay C. Nash

Articles

The immigrant representation crisis is a crisis of both quality and quantity. It is the acute shortage of competent attorneys willing and able to competently represent individuals in immigration removal proceedings. Removal proceedings are the primary mechanism by which the federal government can seek to effect the removal, or deportation, of a noncitizen. The individuals who face removal proceedings might be: the long-term lawful permanent resident (green card holder) who entered the country lawfully as a child and has lived in the United States for decades; or the refugee who has come to the United States fleeing persecution; or the …

People First: The Cuban Travel Ban, Wet Foot-Dry Foot And Why The Executive Branch Can And Should Begin Normalizing Cuba Policy, Jarrett Barrios

Connecticut Public Interest Law Journal

No abstract provided.

Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein

Connecticut Public Interest Law Journal

Vol. 11, No. 1

The "Illegal" Tax, Francine J. Lipman

Connecticut Public Interest Law Journal

No abstract provided.

Assessment Of International Efforts To Protect The Rights Of Unaccompanied Minors, Kyla Gaines

Independent Study Project (ISP) Collection

Children’s rights have been violated for centuries. These violations of children’s rights may include but are not limited to a child's access to education, adequate food or quality health care. Over the last few years there have been a rising number of prevalent issues that impact children, including trafficking, slave labor, and unaccompanied minors (UAM) migrating from their countries of origin to new host states in North America and Europe. The issue of unaccompanied minors migrating to Europe has been prevalent for years. "In most EU member states arrivals started during the 1990's. I'd say the issue became prevalent at …

The Removability Of Non-Citizen Parents And The Best Interests Of Citizen Children: How To Balance Competing Imperatives In The Context Of Removal Proceedings?, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

The massive influx of illegal immigrants over the preceding decades has combined with the United States’ jus soli citizenship regime to produce a growing class of removable aliens: non-citizen parents of United States citizen children. The removability of parents obviously places the citizen children in the unfortunate position of having to leave their country of citizenship behind to accompany the parents, or arrange for living situations within the United States, perhaps with a relative, but be separated from their parents. The compelling interests raised by the removability of parents in such circumstances have given rise to distinct forms of relief …

Settlers And Immigrants In The Formation Of American Law, Aziz Rana

Cornell Law Faculty Publications

This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …

Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Disability Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord

Faculty Publications

No abstract provided.

Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin

Faculty Scholarship

No abstract provided.

Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez

All Faculty Scholarship

Latinos currently represent the largest minority in the United States. In 2009, we witnessed the first Latina appointment to the United States Supreme Court. Despite these events, Latinos continue to endure racial discrimination and social marginalization in the United States. The inability of Latinos to gain political acceptance and legitimacy in the United States can be attributed to the social construct of Latinos as threats to national security and the cause of criminal activity.

Exploiting this pretense, American government, society and nationalists are able to legitimize the subordination and social marginalization of Latinos, specifically Mexicans and Central Americans, much to …

A Season Of Change: Reforming The H2b Guest Worker Program, Jayesh Rathod

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Each year, as spring and summer arrive, Americans partake in range of seasonal traditions: beautifying their lawns and gardens; enjoying harvests of fresh fruits, vegetables, and seafood; and attending local fairs and festivals. Although these rituals have become part of the American cultural fabric, few know that they are supported by thousands of temporary guest workers who enter the United States each year under the H-2 visa program.' The H-a program allows U.S employers to petition for seasonal agricultural workers (via the H-2A program) and seasonal nonagricultural workers (via the H-2B program) to work in this country on a …

Justice For All: Improving Enforcement And Relief Efforts Of Human Trafficking Laws In Relation To Immigration Reform And Border Control, Katelyn J. Flynn

Honors Program Projects

This paper is based on the experience of living in Washington D.C., interning in the Senate, and participating in the American Studies Program for a semester in order to comprehensively research immigration reform with a focus on human trafficking laws and border security. Human trafficking violates human rights by forcing or coercing men, women, and children for sexual or labor exploitation. Globally, 600,000 to 800,000 victims are trafficked and 14,500 to 17,500 people are trafficked into the United States each year. This paper exposes the issue of human trafficking, reports research, and answers questions about how human trafficking affects its …

Challenges Facing Unaccompanied Refugee Minors' Access To Legal Aid, Sharon Brenner

Student Publications

This article is the grand prize winner of Legal Language Service's immigration article contest. Legal Language awarded $500 to the grand prize winner as well as $100 awards to the 2nd and 3rd place winners.

Grand prize: Brenner, a student at Golden Gate University in San Francisco. Her article, “Challenges Facing Unaccompanied Refugee Minors’ Access to Legal Aid,” brings up the challenges refugee children face in accessing necessary legal services in the United States and discusses the effect a comprehensive approach to legal aid can have on this portion of the US immigrant population.

Deporting Families: Poliltical Question Or Legal Issue?, Angela M. Banks

Faculty Publications

Last year 245,424 noncitizens were removed from the United States, and courts played virtually no role in ensuring that these decisions did not violate individual substantive rights like freedom of speech, substantive due process, or retroactivity. Had these individuals been deported from a European country, domestic and regional courts would have reviewed the decisions to ensure compatibility with these types of rights. Numerous international law scholars and immigration scholars seek to minimize the gap between the legal processes offered in the United States and Europe for noncitizens challenging deportation orders. Many of these scholars contend that greater recognition of international …

Magic, Mutilation, And Murder: A Case For Granting Asylum To Tanzanian Nationals With Albinism, Stacy Larson

Pace International Law Review Online Companion

This paper argues that the: language and intent of the U.S. Immigration and Nationality Act; current country conditions in United Republic of Tanzania; international treaties; and recent developments in case law defining the scope and coverage of the “particular social group” category, all support the right of Persons with Albinism (PWAs) to seek asylum because of the persecution they have suffered or fear on account of their disability. It should be noted, that to date, there are no reported cases of PWAs seeking asylum in the U.S. Although research has not revealed why PWAs have not yet sought asylum in …

Asylum Rights And Wrongs: What The Proposed Refugee Protection Act Will Do And What More Will Need To Be Done, Michele R. Pistone

Working Paper Series

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) added major new restrictions to U.S. asylum law. Several other laws passed in the wake of 9/11 produced additional restrictions. Various proposals to modify or even eliminate the changes made by IIRI¬RA and the post-9/11 laws have been introduced over the years; the Refu¬gee Protection Act of 2010 (RPA) is the most prominent recent example of these efforts. As this Article details, the RPA has much to commend within it, especially its proposed elimination of the one year deadline for asylum applications that was originally imposed by IIRIRA.

We Live In A Country Of Unhcr: The Un Surrogate State And Refugee Policy In The Middle East, Michael Kagan

Scholarly Works

Many gaps in the protection of refugees can be connected to a de facto transfer of responsibility for managing refugee policy from sovereign states to United Nations agencies. This phenomenon can be seen in dozens of countries in the Middle East, Africa and Asia, where the UN High Commissioner for Refugees (UNHCR) or the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) manage refugee camps, register newly arrived asylum-seekers, carry out refugee status determination, and administer education, health, livelihood and other social welfare programs.

In carrying out these functions, the UN acts to a great …

Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez

Faculty Articles and Other Publications

Latinos currently represent the largest minority in the United States. In 2009, we witnessed the first Latina appointment to the United States Supreme Court. Despite these events, Latinos continue to endure racial discrimination and social marginalization in the United States. The inability of Latinos to gain political acceptance and legitimacy in the United States can be attributed to the social construct of Latinos as threats to national security and the cause of criminal activity.

Exploiting this pretense, American government, society and nationalists are able to legitimize the subordination and social marginalization of Latinos, specifically Mexicans and Central Americans, much to …

Realizing Padilla's Promise: Ensuring Noncitizen Defendants Are Advised Of The Immigration Consequences Of A Criminal Convictions, Yolanda Vazquez

Faculty Articles and Other Publications

On March 31, 2010 the United States Supreme court decided Padilla v. Kentucky and created a Sixth Amendment duty for defense attorneys to advise defendants of the immigration consequences of a criminal conviction. While Padilla answered the broad question of whether there is a duty to advise a defendant under the Sixth Amendment, it left many questions unanswered. One critical inquiry is how defense attorneys and the courts will determine what advice concerning the immigration consequences of the criminal conviction will satisfy defense counsels’ Sixth Amendment duty under Padilla.

This Article discusses the potential detrimental impact of Padilla’s ambiguous holding …

Police Discretion And Local Immigration Policymaking, Rick Su

Journal Articles

Immigration responsibilities in the United States are formally charged to a broad range of federal agencies, from the overseas screening of the State Department to the border patrols of the Department of Homeland Security. Yet in recent years, no department seems to have received more attention than that of the local police. For some, local police departments are frustrating our nation’s immigration laws by failing to fully participate in federal enforcement efforts. For others, it is precisely their participation that is a cause for concern. In response to these competing interests, a proliferation of competing state and federal laws have …

The Road To S.B. 1070: How Arizona Became Ground Zero For The Immigrants' Rights Movement And The Continuing Struggle For Latino Civil Rights In America, Kristina M. Campbell

Journal Articles

When Arizona Governor Janice K. Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act - better known as SB 1070 - into law in April 2010, the world was taken aback not only by the State of Arizona’s brazen attempt to regulate immigration at the state level, but by the manner in which it pledged to do so. By giving state and local law enforcement officials the responsibility to detain persons that they have “reasonable suspicion” to believe are unlawfully present, the Arizona immigration law was not only branded “the toughest immigration law in the country,” but it …

Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren

Law Faculty Publications

There is an enormous unmet need for immigrant legal aid in the United States. This is partly due to regulations that bar federally funded legal services organizations from representing many types of immigrants. The possible repeal of these restrictions is rarely discussed as a means to expand immigrant access to counsel. Federal funding for immigrant legal aid appears to have become taboo, despite the fact that for much of its history, legal aid was deeply connected to immigration. This forgotten history reveals that there was once broad national consensus in favor of immigrant legal aid; it became contentious and faced …

Specialty Bars As A Site Of Professionalism: The Immigration Bar Example, Leslie Levin

Faculty Articles and Papers

As the practice of law has become increasingly specialized, specialty bar associations have become more important to the work lives of many lawyers and their understanding of professional norms. This article looks at the role of a single specialty bar association - the American Immigration Lawyers Association (AILA) - in the construction of its members’ norms and values. The article draws on semi-structured interviews with 71 immigration lawyers in the New York City metropolitan area to identify the ways in which specialty bars foster lawyers’ understanding of professional norms - both formally and informally - through education, information sharing, mentoring, …

Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.

Where Do We Go From Padilla V. Kentucky? Thoughts On Implementation And Future Directions, Maureen A. Sweeney

Faculty Scholarship

On March 31, 2010, the U.S. Supreme Court held in the landmark case of Padilla v. Kentucky that the Sixth Amendment right to effective assistance of counsel in criminal cases includes the right for non-U.S. citizens to be correctly and specifically advised about the likely immigration consequences of a plea agreement. The decision represents an important shift in the way courts have addressed such claims by noncitizen defendants. The Court’s decision recognizes a constitutional requirement that defense counsel provide advice in an area of law in which few defense counsel are knowledgeable, and therefore raises important and difficult questions about …

Penalty And Proportionality In Deportation For Crimes, Maureen A. Sweeney, Hillary Scholten

Faculty Scholarship

No abstract provided.

Citizenship Under Fire: The Forging Of The New Americans, Shruti Rana

Faculty Scholarship

This essay reviews and critiques two new books on the debate over immigration and citizenship, Anna O. Law, The Immigration Battle in American Courts, and Ediberto Roman, Citizenship and Its Exclusions: A Classical, Constitutional, and Critical Race Critique. Law’s book takes a procedural approach to unraveling the complex immigration cases emanating from the U.S. courts of appeals and the U.S. Supreme Court. This essay challenges some of Law’s conclusions and suggests methodological alterations that may strengthen her key arguments. Roman’s book is distinct from Law’s in that it takes on a much broader historical and procedurialist view of the …

Immigrant Education And The Promise Of Integrative Egalitarianism, Victor C. Romero

Journal Articles

Although not an equal protection case, Martinez v. Regents of the University of California challenges us to grapple with the Supreme Court’s post-Brown commitment to equal opportunity within the context of immigrant higher education. Sadly, Brown’s progeny from Bakke to Parents Involved reveals the cost of embracing a color-blind constitutionalism unmoored from a fundamental commitment to vigilantly combat subordination and dismantle unearned privilege. More optimistically, the Supreme Court’s gay rights jurisprudence developed in Romer v. Evans and Lawrence v. Texas provides insights into how a conservative court can accurately distinguish irrational discrimination from democratic deliberation, a lesson that might help …