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Articles 1 - 7 of 7
Full-Text Articles in Law
Deporting Grandma: Why Grandparent Deportation May Be The Next Big Immigration Crisis And How To Solve It, Marcia A. Yablon-Zug
Deporting Grandma: Why Grandparent Deportation May Be The Next Big Immigration Crisis And How To Solve It, Marcia A. Yablon-Zug
Faculty Publications
This Article explores the issue of grandparent caregiver deportation. The phenomenon of grandparents raising grandchildren is not new, but the number of children being raised by grandparents is at an all-time high and growing. Numerous circumstances can lead to a grandparent's assumption of caregiving responsibilities, but in most cases, grandparents assume this role because there is no one else. For thousands of children, grandparents are the only family they have, and without them these children would be placed in foster care and subject to the serious problems that plague children in foster care. The importance of grandparent caregivers cannot be …
Mothers Without Borders: Undocumented Immigrant Mothers Facing Deportation And The Best Interests Of Their U.S. Citizen Children, Satya Grace Kaskade
Mothers Without Borders: Undocumented Immigrant Mothers Facing Deportation And The Best Interests Of Their U.S. Citizen Children, Satya Grace Kaskade
William & Mary Journal of Race, Gender, and Social Justice
This note addresses how deportation of undocumented immigrants affects the U.S. citizen children of those immigrants. The author examines this issue by studying the story of Marta Escoto, a woman facing deportation and also the mother and sole caregiver of a U.S. citizen child with a severely debilitating disease. If Escoto is deported and forced to return to her home country of Honduras, her daughter will likely be unable to continue to receive adequate and necessary health care. Mothers like Escoto who face deportation often plead the well-being of their children, but few can satisfy the high burden of proving …
Redefining The Rights Of Undocumented Workers, Keith Cunningham-Parmeter
Redefining The Rights Of Undocumented Workers, Keith Cunningham-Parmeter
American University Law Review
Should a nation extend legal rights to those who enter the country illegally? The Supreme Court recently addressed this question when it held that unauthorized immigrants who are fired illegally for unionizing cannot recover monetary remedies. This has led to a significant decline in employment protections for unauthorized immigrants beyond the unionized sector. For example, some courts now question whether unauthorized immigrants can receive full remedies for sexual harassment, workplace discrimination, or on-the-job injuries.
Scholars have criticized these losses but have yet to formulate a coherent framework for evaluating the employment rights of unauthorized immigrants. This article does so by …
Incorporating A 'Best Interests Of The Child' Approach Into Immigration Law And Procedure, Bridgette A. Carr
Incorporating A 'Best Interests Of The Child' Approach Into Immigration Law And Procedure, Bridgette A. Carr
Articles
United States immigration law and procedure frequently ignore the plight of children directly affected by immigration proceedings. This ignorance means decision-makers often lack the discretion to protect a child from persecution by halting the deportation of a parent, while parents must choose between abandoning their children in a foreign land and risking the torture of their children. United States immigration law systematically fails to consider the best interests of children directly affected by immigration proceedings. This failure has resulted in a split among the federal circuit courts of appeals regarding whether the persecution a child faces may be used to …
Constitutional Displacement, Timothy Zick
Constitutional Displacement, Timothy Zick
Faculty Publications
This Article examines the intersection between territory and constitutional liberty. Territoriality, as defined by Robert Sack, is the attempt to affect, influence, or control people, phenomena, and relationships by delimiting and asserting control over a geographic area. Territoriality affects constitutional liberty in profound ways. These effects have been apparent in certain infamous historical episodes, including the territoriality of racial segregation, the geographic exclusion and internment of Japanese-Americans during World War II, early state migratory exclusions, and isolation of the sick and mentally ill. Today, governments are resorting to territorial restrictions in an increasing number of circumstances, including detention of enemy …
Sovereignty, Deference, And Deportation: Allocating And Enforcing Immigrants' Rights In The United States And Europe, Angela M. Banks
Sovereignty, Deference, And Deportation: Allocating And Enforcing Immigrants' Rights In The United States And Europe, Angela M. Banks
Faculty Publications
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.