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Articles 1 - 6 of 6
Full-Text Articles in Law
Unpacking Doj’S New Claim That Dhs Can Legally Detain Migrant Children With Their Parents For Longer Than Twenty Days, Deborah Pearlstein, Marty Lederman, Ryan Goodman
Unpacking Doj’S New Claim That Dhs Can Legally Detain Migrant Children With Their Parents For Longer Than Twenty Days, Deborah Pearlstein, Marty Lederman, Ryan Goodman
Online Publications
The Trump administration recently claimed it could not reunite migrant children with parents who are being held in ICE detention due to a court order requiring the government to release such children from custody within (at most) 20 days. The government now claims, however, that it can legally detain the children with their parents in ICE detention for much longer than 20 days. How did the government come to this position? In this post we’ll answer that question, and address a central flaw in the government’s logic.
Distant Voices Then And Now: The Impact Of Isolation On The Courtroom Narratives Of Slave Ship Captives And Asylum Seekers, Tara Patel
Michigan Journal of Race and Law
Part I compares the nineteenth century cases of the Antelope and the Amistad to identify why they resulted in different outcomes despite having similar fact patterns. The Antelope concerned the fate of approximately 280 African captives discovered on a slave trade ship upon its interception by a U.S. revenue cutter. Since the slave trade in the United States was illegal at the time, the captives were transported to Savannah for trial through which their status—free or slave—would be determined. After a lengthy trial and appeals process in which Spain and Portugal laid claim to the captives, the Supreme Court determined …
Alternatives To Immigration Detention, Fatma E. Marouf
Alternatives To Immigration Detention, Fatma E. Marouf
Fatma Marouf
The United States places over 440,000 people each year in immigration detention, far more than any other country in the world. This Article argues that there are compelling humanitarian and financial reasons to utilize more alternatives to detention. It examines the strengths and limitations of existing alternatives, including the need to develop more community-based case management programs and to rely less on electronic monitoring. The Article then sets forth several legal arguments under the Constitution, Rehabilitation Act, and international human rights law for requiring greater consideration of alternatives to detention.
Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma
Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Learning In "Baby Jail": Lessons From Law Student Engagement In Family Detention Centers, Lindsay M. Harris
Learning In "Baby Jail": Lessons From Law Student Engagement In Family Detention Centers, Lindsay M. Harris
Journal Articles
Between 2014 and 2017, more than 40 law schools and likely well over 1000 law students engaged in learning within immigration family detention centers. The Trump Administration’s “zero tolerance” policy and implementation of wide-scale family separation in 2018 led to increased involvement by professors and students in the constantly shifting landscape of immigration detention. As the detention of immigrant families becomes increasingly entrenched, this article hits the pause button and assesses the benefits and challenges of the various approaches to, and proposes some principles for, law student engagement in this crisis lawyering in immigration detention centers, for families, and beyond.
Thomas: ‘Don’T Drink The Water’: Act Now To Stop The Indefinite Detention Of Immigrant Children, Claire R. Thomas
Thomas: ‘Don’T Drink The Water’: Act Now To Stop The Indefinite Detention Of Immigrant Children, Claire R. Thomas
Other Publications
No abstract provided.