Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Immigration Law

PDF

2018

Institution
Keyword
Publication
Publication Type

Articles 301 - 314 of 314

Full-Text Articles in Law

The "Irish Born" One American Citizenship Amendment, Kevin C. Walsh Jan 2018

The "Irish Born" One American Citizenship Amendment, Kevin C. Walsh

Scholarly Articles

Our Constitution has a deferred maintenance problem because we have fallen out of the habit of tending to its upkeep ourselves. The silver lining is a double benefit from any constitutional maintenance projects that we undertake now. These projects are good not only for what they do to our Constitution, but also for making us exercise self-government muscles that have atrophied from civic sloth.

Fortunately, the time has never been better to repeal one of our Constitution’s most pointlessly exclusionary provisions. The President of the United States is married to a naturalized citizen. And nobody can legitimately question the patriotism …


Special Feature: Eighth Colloquium On Challenges In International Refugee Law, James C. Hathaway Jan 2018

Special Feature: Eighth Colloquium On Challenges In International Refugee Law, James C. Hathaway

Michigan Journal of International Law

It is our hope that, as in the case of earlier Michigan Guidelines on the International Protection of Refugees, these unanimously agreed standards will inspire a thoughtful and principled debate among scholars, officials, and judicial and other refugee law decision-makers committed to the legally accurate and contextually sound application of international refugee law norms.


Tips For Safety Planning For Children Of Undocumented Parents, Jennifer Baum Jan 2018

Tips For Safety Planning For Children Of Undocumented Parents, Jennifer Baum

Faculty Publications

(Excerpt)

In 2013, more than 5 million children in the United States (over 7 percent of the total U.S. child population) were living with at least one undocumented parent, according to the Migration Policy Institute. The overwhelming majority of these children (80 percent) were U.S. citizens. The Washington Post reported that more than half a million of these children's parents have in fact been deported since 2009. That's a lot of U.S. children living day to day with the sudden loss, or risk of sudden loss, of a parent through deportation.


Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson Jan 2018

Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson

Articles & Chapters

No abstract provided.


Central Issues In The Protection Of Child Migrants, Mary Crock, Lenni Benson Jan 2018

Central Issues In The Protection Of Child Migrants, Mary Crock, Lenni Benson

Articles & Chapters

In this introductory chapter we identify themes that will be carried throughout the book. We begin in section 2 with a discussion of the human rights challenges presented by children on the move, posing questions that our contributors will address as they build on the themes we identify. This is followed by an examination ofobstacles that have been created to recognising child migrants as rights bearers. After setting out in section 4 a brief outline of the book’s structure, the chapter concludes with some comments on global initiatives that have been made to address the challenges associated with mass migration …


Growing The Resistance: A Call To Action For Transactional Lawyers In The Era Of Trump, Gowri Krishna Jan 2018

Growing The Resistance: A Call To Action For Transactional Lawyers In The Era Of Trump, Gowri Krishna

Articles & Chapters

his essay is a call to action for transactional lawyers looking to support vulnerable immigrants through non-litigation means. By providing a snapshot of an especially precarious time in history for immigrants in the U.S.—the period immediately after the 2016 presidential election—the essay illustrates future areas of opportunity for transactional attorneys.


Administrative Chaos: Responding To Child Refugees - U.S. Immigration Process In Crisis, Lenni Benson Jan 2018

Administrative Chaos: Responding To Child Refugees - U.S. Immigration Process In Crisis, Lenni Benson

Articles & Chapters

The Immigration court is the wrong forum to consider the protection needs of migrant children. Worse still, our multiple agencies that adjudicate parts of children’s cases combined with the rapidly shifting policies are causing administrative chaos for the children and the system.


Thomas: ‘Don’T Drink The Water’: Act Now To Stop The Indefinite Detention Of Immigrant Children, Claire R. Thomas Jan 2018

Thomas: ‘Don’T Drink The Water’: Act Now To Stop The Indefinite Detention Of Immigrant Children, Claire R. Thomas

Other Publications

No abstract provided.


The Model International Mobility Convention, Michael W. Doyle Jan 2018

The Model International Mobility Convention, Michael W. Doyle

Faculty Scholarship

People are as mobile as they ever were in our globalized world. Yet the movement of people across borders lacks global regulation, leaving many people unprotected in irregular and dire situations and some States concerned that their borders have become irrelevant. And international mobility – the movement of individuals across borders for any length of time as visitors, students, tourists, labor migrants, entrepreneurs, long-term residents, family members, asylum seekers, or refugees – has no common definition or legal framework.


Special International Zones In Practice And Theory, Tom W. Bell Dec 2017

Special International Zones In Practice And Theory, Tom W. Bell

Tom W. Bell

The French Republic had a problem. Foreign nationals had flown into the Roissy-Charles de Gaulle Airport near Paris and claimed the right to stay as refugees seeking asylum. Unwilling to have the supposed refugees imposed upon it, France resolved to process their claims without letting them into the country. How? By keeping them in the airport’s international transit zone—the area between the exit doors of airplanes arriving from abroad and the far side of customs and immigration clearance. This split border allowed France to summarily process and (typically) deport the foreigners while keeping them outside the country’s territory for asylum …


Beyond The Walls: The Importance Of Community Contexts In Immigration Detention, Emily Ryo, Ian Peacock Dec 2017

Beyond The Walls: The Importance Of Community Contexts In Immigration Detention, Emily Ryo, Ian Peacock

Emily Ryo

Immigration detention facilities are commonly assumed to be insulated microcosms that maintain their existence separate and apart from the surrounding communities.  Yet, detention facilities are not hermetically sealed institutions.  Drawing on unique and comprehensive data pertaining to all individuals held in immigration detention in the United States in fiscal year 2015, this study explores for the first time the importance of community contexts in immigration detention.  Our multivariate analyses show a significant relationship between the characteristics of communities in which the facilities are located and detention length for individuals who were released pending the completion of their removal proceedings.  Specifically, …


Predicting Danger In Immigration Courts, Emily Ryo Dec 2017

Predicting Danger In Immigration Courts, Emily Ryo

Emily Ryo

Every year, the US government detains thousands of noncitizens in removal proceedings on the basis that they might pose a threat to public safety if released during the pendency of their removal proceedings. Using original audio recording data on immigration bond hearings, this study examines immigration judges’ determinations regarding which noncitizens pose a danger to the community. My multivariate analysis that controls for a variety of detainee background characteristics and criminal conviction-related measures produced three main findings. First, I find that Central Americans are more likely to be deemed dangerous than non-Central Americans. Second, I find that detainees with attorneys …


Representing Immigrants: The Role Of Lawyers In Immigration Bond Hearings, Emily Ryo Dec 2017

Representing Immigrants: The Role Of Lawyers In Immigration Bond Hearings, Emily Ryo

Emily Ryo

Do immigration lawyers matter, and if so, how? Drawing on a rich source of audio recording data, this study addresses these questions in the context of U.S. immigration bond hearings—a critical stage in the removal process for noncitizens who have been apprehended by U.S. immigration officials. First, my regression analysis using a matched sample of legally represented and unrepresented detainees shows that represented detainees have significantly higher odds of being granted bond. Second, I explore whether legal representation affects judicial efficiency and find no evidence of such a relationship. Third, I examine procedural and substantive differences between represented and unrepresented …


Sweet Taste With Bitter Roots: Forced Labour And Chowdury And Others V Greece, Vladislava Stoyanova Dec 2017

Sweet Taste With Bitter Roots: Forced Labour And Chowdury And Others V Greece, Vladislava Stoyanova

Vladislava Stoyanova


Chowdury and Others v Greece reveals the exploitation that migrant workers suffer at agricultural farms for production of strawberries whose sweet taste many of us enjoy. Greece was found in violation of Article 4 of the ECHR (the right not to be subjected to forced labour and human trafficking) for its failure to protect the migrants from the exploitation and to conduct effective investigation. The judgment will be laurelled as an important achievement in favour of the rights of undocumented migrant workers to fair working conditions. It sheds light on the application of the definition of forced labour to labour …