Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Brigham Young University (26)
- Selected Works (21)
- St. John's University School of Law (21)
- Fordham Law School (15)
- St. Mary's University (11)
-
- University of Michigan Law School (11)
- Brooklyn Law School (9)
- Seattle University School of Law (9)
- Roger Williams University (8)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (8)
- City University of New York (CUNY) (7)
- Penn State Law (6)
- American University Washington College of Law (5)
- SIT Graduate Institute/SIT Study Abroad (5)
- University of Georgia School of Law (5)
- University of Miami Law School (5)
- Chicago-Kent College of Law (4)
- New York Law School (4)
- Osgoode Hall Law School of York University (4)
- Duke Law (3)
- University at Buffalo School of Law (3)
- University of Florida Levin College of Law (3)
- University of the District of Columbia School of Law (3)
- Washington and Lee University School of Law (3)
- Wayne State University (3)
- World Maritime University (3)
- Boston University School of Law (2)
- Brigham Young University Law School (2)
- Florida A&M University College of Law (2)
- Golden Gate University School of Law (2)
- Keyword
-
- Immigration (70)
- Greece (21)
- Asylum (20)
- Afghanistan (19)
- Family (19)
-
- Iran (14)
- Taliban (14)
- Children (13)
- Deportation (12)
- Education (12)
- Oinofyta (12)
- Refugee (11)
- Violence (11)
- Immigration law (10)
- Turkey (10)
- DACA (9)
- Canada (8)
- DAPA (8)
- Padilla (8)
- Human trafficking (7)
- Immigration Law (7)
- Poverty (7)
- Smugglers (7)
- Boats (6)
- Citizenship (6)
- Discrimination (6)
- Family separation (6)
- Federalism (6)
- Migration (6)
- Safety (6)
- Publication
-
- TSOS Interview Gallery (25)
- The Catholic Lawyer (15)
- Fordham Urban Law Journal (13)
- Faculty Scholarship (12)
- St. Mary's Law Journal (10)
-
- Journal Articles (9)
- Seattle Journal for Social Justice (8)
- Scholarly Works (7)
- Georgia Journal of International & Comparative Law (5)
- Journal of International and Comparative Law (5)
- Articles (4)
- Chicago-Kent Law Review (4)
- Independent Study Project (ISP) Collection (4)
- Michigan Journal of International Law (4)
- Shoba Sivaprasad Wadhia (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Brooklyn Law Review (3)
- Capstones (3)
- Kari E. Hong (3)
- Law Faculty Research Publications (3)
- Law School Blogs (3)
- University of Miami Law Review (3)
- All Faculty Scholarship (2)
- American University International Law Review (2)
- Dissertations (2)
- Emily Ryo (2)
- Faculty Publications (2)
- Florida Law Review (2)
- Journal of Law and Policy (2)
- Life of the Law School (1993- ) (2)
Articles 1 - 30 of 265
Full-Text Articles in Law
Do In-State Tuition Benefits Affect The Academic Performance Of Non-Citizens? Data From Texas Public Universities, Terry K. Shaw
Do In-State Tuition Benefits Affect The Academic Performance Of Non-Citizens? Data From Texas Public Universities, Terry K. Shaw
Theses and Dissertations
This paper investigates whether receiving in-state tuition benefits effects the academic performance of non-citizen students attending Texas public state-universities. Using data from the Texas Higher Education Opportunity Project, it examines the effect of the HB-1403 policy on contributing factors affecting academic performance of non-citizen students.
The Ever-Changing Bogeyman: How Fear Has Driven Immigration Law And Policy, Arthur L. Rizer Iii
The Ever-Changing Bogeyman: How Fear Has Driven Immigration Law And Policy, Arthur L. Rizer Iii
Louisiana Law Review
The article explores the relationship between national security and immigration law in the U.S. with the legal framework of immigration law including provisions of the Immigration and Nationality Act and the need of protecting the borders, population control, and the essence of the rule of law.
Crossing Borders, Jarrett Lyons
Crossing Borders, Jarrett Lyons
Capstones
The United State Supreme Court declared the right to marry for LGBT people under “equal dignity in the eyes of the law,” on June 26th, 2015. The front pages of virtually every newspaper that day highlighted that proclamation. Exactly a week prior, another United States federal agency made an official declaration that didn’t make the front pages but also affected LGBTQ politics. U.S. Immigration and Customs Enforcement (ICE) issued a Transgender Care Memorandum, detailing policies for treatment trans migrants in detention facilities. The facilities have a noted history of mistreatment of transgender detainees.
Ishalaa Ortega is a transgender woman who …
Running For Ayotzinapa: A Father's Marathon To Find His Son, Gustavo Martínez
Running For Ayotzinapa: A Father's Marathon To Find His Son, Gustavo Martínez
Capstones
People find a world of reasons to run marathons: to fight cancer, to raise money for a charity, to fulfill a promise. But Antonio Tizapa runs for the reason that has dictated his every waking moment for more than two years: finding his son. The story is presented through a written piece and a video short documentary. It follows Tizapa through events and races in the New York City area.
Catering Hall Harbors Immigrant Families Through Underground Employment, Kimberly J. Avalos
Catering Hall Harbors Immigrant Families Through Underground Employment, Kimberly J. Avalos
Capstones
A catering hall in Queens serves as a hub of work for immigrant families and holds a collection of Latin American migration stories and insights into illegal immigration in the United States.
The stories of the catering hall workers—younger and older, longtime residents and new arrivals—reflect the different struggles of immigration across the different generations of immigrants who work there. Their stories also show the common bonds for the different generations and the longstanding dreams of America.
immigrantworkers.kimberlyjavalos.com
Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez
Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez
Master's Theses
According to US Customs and Border Protection, over 59 thousand unaccompanied minors from the Northern Triangle (Guatemala, Honduras and El Salvador) have been detained at the US border, of those 59 thousand, 17 thousand are from El Salvador. El Salvador is home to some of the most dangerous and ruthless gangs of the twenty-first century. Their ruthlessness comes from 1980s guerrilla warfare experience. In addition, El Salvador serves as a transshipment point for illicit substances from South America into Mexico. These dynamics fuel the homicide rate of the region as local gang members must protect their territory by any means …
Homosexual Resident Alien Deportable As A Psychopathic Personality
Homosexual Resident Alien Deportable As A Psychopathic Personality
The Catholic Lawyer
No abstract provided.
The Economic Impacts Of Undocumented Immigrants In The United States, Abdulaziz Alangari
The Economic Impacts Of Undocumented Immigrants In The United States, Abdulaziz Alangari
Honors Papers and Posters
There are about 11 million undocumented immigrants in the U.S., of which all are not granted a work permit. Thus, in order to survive, these immigrants seek jobs that do not require legal status but have wages significantly lower than minimum. In short, by having these immigrants work in low-wage jobs, the U.S. economy benefits by providing a diverse market to U.S. residents and thus creates a vast economy. My research paper will be talking about how the presence of undocumented immigrants is a significant factor in creating and shaping the diverse U.S. economy.
Catholic Social Teaching, The Right To Immigrate, And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad G. Marzen, William Woodyard Ii
Catholic Social Teaching, The Right To Immigrate, And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad G. Marzen, William Woodyard Ii
San Diego Law Review
A number of scholars have commented on the significance of religious traditions to the debate concerning immigration policy in the United States.[1] In this Article, we contend that the Catholic legal tradition is relevant to the contemporary debate among policymakers, as it balances policy considerationsof the right to immigrate as well as the right of a nation to regulate its borders advocated on both ends of the policy debate. Section I of this Article discusses the current policy debate concerning comprehensive immigration reform and recent major legislative proposals for comprehensive immigration reform, including the plan of the “Gang of Eight” …
Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell
Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell
Brooklyn Law Review
As the fiftieth anniversary of Loving v. Virginia approaches, de jure prohibitions against interracial marriages are history. However, marriages between people of different national origins continue to be undermined by the law. The Constitution does not protect the marital rights of citizens who marry noncitizens in the same way that it protects all other marriages. Courts have consistently held that a spouse’s deportation does not implicate the rights of American citizens, and the Constitution has long been held inapplicable in protecting the substantive due process rights of noncitizens facing deportation. Given the spike in deportations over the past decade, hundreds …
Who Controls Immigration Judges?: Towards A Multi-Institutional Model Of Administration Judge Behavior, Mark Richard Beougher
Who Controls Immigration Judges?: Towards A Multi-Institutional Model Of Administration Judge Behavior, Mark Richard Beougher
Dissertations
Numerous studies have shown dramatic variations in the rates that immigration judges grant asylum. What these studies have failed to adequately explain as of yet is why? In attempting to understand the behavior of immigration judges in asylum cases, scholars have generally taken one of two approaches, either examining immigration judge behavior through top-down bureaucratic models or with models developed through the study of the judiciary. From these studies we have learned that similarly situated asylum applicants have different chances of success based merely on the ideological leanings of the judge who decides their case. We also have learned that …
When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido
When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Transparent Review Of Agency Immigration Decisions, Kyler Mccarty
Transparent Review Of Agency Immigration Decisions, Kyler Mccarty
BYU Law Review
No abstract provided.
Recent Developments; Immigration And Naturalization -- Effect Of State Conviction Of Minor Drug Offense By Youthful Offenders -- Availability Of Relief From Mandatory Deportation Based On State Certificate Of Relief From Disabilities Granted As A Result Of The Conviction (Rehman V. Immigration And Naturalization Service, 2d Cir 1976), Donna R. Christie
Georgia Journal of International & Comparative Law
No abstract provided.
The New Immigration Law, John E. Mccarthy
Policy Brief: Expanding Food Benefits For Immigrants: Charting A Policy Agenda For New York City, Anabel Perez-Jimenez, Nicholas Freudenberg
Policy Brief: Expanding Food Benefits For Immigrants: Charting A Policy Agenda For New York City, Anabel Perez-Jimenez, Nicholas Freudenberg
Publications and Research
This policy brief explores the eligibility of various categories of New York City’s immigrant populations, from those who have become citizens to permanent residents (Green Card holders) to those who lack legal immigration status, for SNAP, WIC and School Food, the nation’s main food benefit programs. We also examine factors that facilitate or block immigrants’ enrollment in these programs. Our larger goals are to encourage more systematic study of immigrant access to food benefits and identify opportunities for improving access. We hope to widen a public conversation among immigrants and their organizations, food security groups, food justice advocates and policy …
Should We Presume State Protection?, James C. Hathaway, Audrey Macklin
Should We Presume State Protection?, James C. Hathaway, Audrey Macklin
Articles
Professors Hathaway and Macklin debate the legality of the “presumption of state protection” that the Supreme Court of Canada established as a matter of Canadian refugee law in the Ward decision. Professor Hathaway argues that this presumption should be rejected because it lacks a sound empirical basis and because it conflicts with the relatively low evidentiary threshold set by the Refugee Convention’s “well-founded fear” standard. Professor Macklin contends that the Ward presumption does not in and of itself impose an unduly onerous burden on claimants, and that much of the damage wrought by the presumption comes instead from misinterpretation and …
Constitutional Citizenship Under Attack, Joseph W. Dellapenna
Constitutional Citizenship Under Attack, Joseph W. Dellapenna
Villanova Law Review
No abstract provided.
Disaggregating "Immigration Law", Mathew J. Lindsay
Disaggregating "Immigration Law", Mathew J. Lindsay
Florida Law Review
Courts and scholars have long noted the constitutional exceptionalism of the federal immigration power, decried the injustice it produces, and appealed for greater constitutional protection for noncitizens. This Article builds on this robust literature while focusing on a particularly critical conceptual and doctrinal obstacle to legal reform—the notion that laws governing the rights of noncitizens to enter and remain within the United States comprise a distinct body of “immigration laws” presumed to be part and parcel of foreign affairs and national security.
This Article argues that the U.S. Supreme Court’s recent immigration jurisprudence suggests a willingness to temper, and perhaps …
The President And Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan
The President And Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan
Florida Law Review
This Article lays out a systematic, conceptual framework to better understand the relationship between federal executive action and state- level legislation in immigration. Prior immigration law scholarship has focused on structural power questions between the U.S. federal government—as a unitary entity—and the states, while newer scholarship has examined separation of powers concerns between the President and Congress. This Article builds on both of these traditions, focusing on the intersectional relationship between the federal Executive and subfederal lawmaking, which is an important yet overlooked dynamic in the resurgence of immigration federalism. First, this Article explains the relationship between presidential action and …
The One-Year Bar To Asylum In The Age Of The Immigration Court Backlog, Lindsay M. Harris
The One-Year Bar To Asylum In The Age Of The Immigration Court Backlog, Lindsay M. Harris
Journal Articles
Imagine being forced to flee your home, separated from your children, and undergoing the perilous journey to seek safety and protection in the United States. Upon arrival, you are immediately detained and questioned about your intentions. You explain that you fear for your life and seek asylum protection. You may even undergo a detailed interview with an asylum officer, who finds that you have a significant possibility of establishing asylum eligibility. You are released from detention to pursue your asylum claim in immigration court. You diligently attend check-ins with an Immigration and Customs Enforcement officer for the next two years …
Pushing An End To Sanctuary Cities: Will It Happen?, Raina Bhatt
Pushing An End To Sanctuary Cities: Will It Happen?, Raina Bhatt
Michigan Journal of Race and Law
Sanctuary jurisdictions refer to city, town, and state governments (collectively, localities or local governments) that have passed provisions to limit their enforcement of federal immigration laws. Such local governments execute limiting provisions in order to bolster community cooperation, prevent racial discrimination, focus on local priorities for enforcement, or even to a show a local policy that differs from federal policy. The provisions are in the forms of executive orders, municipal ordinances, and state resolutions. Additionally, the scope of the provisions vary by locality: some prohibit law enforcement from asking about immigration status, while others prohibit the use of state resources …
Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli
Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli
Faculty Scholarship
If Donald Trump, kicking off his campaign for the White House, was saying “what everyone is thinking,” about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales — some as old as the Flood. This article recommends that the news …
Kill The Snitch: How Henriquez-Rivas Affects Asylum Eligibility For People Who Report Serious Gang Crimes To Law Enforcement, James Carr
Washington Law Review
In 2015, El Salvador became the murder capital of the world. Like its Central American neighbors, El Salvador has experienced a significant increase in gang violence during the past decade, as evidenced by its 2015 homicide statistics showing over 6,600 registered homicides in the country despite a population of only 6.3 million people. Rising crime rates and widespread gang influence are forcing many affected Central Americans to seek asylum in the United States. Individuals may qualify for asylum if they have a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social …
Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, Mai-Linh Hong
Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, Mai-Linh Hong
Faculty Journal Articles
This article considers how recent narratives about Vietnamese refugees engage with the Vietnam War’s visual archive, particularly iconic photographs from the war and ensuing “boat people” crisis, and contribute to present-day discourses on American militarism and immigration. The article focuses on two texts, a National Public Radio special series about a US naval ship (2010) and Thanhha Lai’s Inside Out & Back Again (2011), which recounts a Vietnamese child’s refugee passage. By refiguring famous photojournalistic images from the war, the radio series advances a familiar rescue-and-gratitude narrative in which the US military operates as a care apparatus, exemplifying a cultural …
Dna, Donor Offspring And Derivative Citizenship: Redefining Parentage Under The Citizenship Act, Stefanie Carsley
Dna, Donor Offspring And Derivative Citizenship: Redefining Parentage Under The Citizenship Act, Stefanie Carsley
Dalhousie Law Journal
Under Canada's Citizenship Act, children born outside Canada acquire derivative citizenship-that is, citizenship through descent or parentage-if at least one of their parents is Canadian. However according to Citizenship and Immigration Canada, in order to qualify for derivative citizenship a child must have a genetic link to a Canadian citizen. Canadians who use donated sperm or eggs to conceive-including women who give birth using donated eggs-are therefore not considered parents for citizenship purposes. According to the Federal Court of Appeal, Canadian donors may also pass on their citizenship to their genetic offspring. This article argues that current interpretations of the …
Alienage Classifications And The Denial Of Health Care To Dreamers, Fatma E. Marouf
Alienage Classifications And The Denial Of Health Care To Dreamers, Fatma E. Marouf
Faculty Scholarship
In the Affordable Care Act (“ACA”), passed in 2010, Congress provided that only “lawfully present” individuals could obtain insurance through the Marketplaces established under the Act. Congress left it to the Department of Health and Human Services (“HHS”) to define who is “lawfully present.” Initially, HHS included all individuals with deferred action status, which is an authorized period of stay but not a legal status. After President Obama announced a new policy of Deferred Action for Childhood Arrivals (“DACA”) in June 2012, however, HHS amended its regulation specifically to exclude DACA recipients from the definition of “lawfully present.” The revised …
Transnational Indigenous Migration: Racialized Geographies And Power In Southern Highland Ecuador, Victoria Stone-Cadena
Transnational Indigenous Migration: Racialized Geographies And Power In Southern Highland Ecuador, Victoria Stone-Cadena
Dissertations, Theses, and Capstone Projects
This study examines the shifting landscape of social and economic inequalities in the remittance-dominated region of southern highland Ecuador, focusing on the transformations brought about by increased international migration since the early 2000s. The broader question is whether or not transnational migration has facilitated political and social upward mobility among indigenous communities. More specifically I ask: in what ways does indigenous identity figure in contemporary international migration practices, how does transnational indigenous migration complicate bounded notions of rural indigenous life, and how might the strategies employed by indigenous migrants transform social and economic inequalities in two small towns in the …
Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University
Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University
School of Law Conferences, Lectures & Events
No abstract provided.
Aliens And Immigration; Kerala Education Bill; Sunday Laws; The Bishop Of Prato
Aliens And Immigration; Kerala Education Bill; Sunday Laws; The Bishop Of Prato
The Catholic Lawyer
No abstract provided.