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Articles 1 - 30 of 71
Full-Text Articles in Law
Deported Veterans: The Unintended Consequences Of “Good Moral Character”, Jonathan Deras
Deported Veterans: The Unintended Consequences Of “Good Moral Character”, Jonathan Deras
Master's Theses
The purpose of this research is to argue that U.S. immigration policy, specifically the 1996 IIRIRA (also known as IIRAIRA), needs to change regarding the legal treatment of immigrant U.S. military veteran deportees due to the following concepts. The first concept is to articulate how the criminalization of immigration, and how the military system intersects to facilitate the Deportation of U.S veterans. A key concept in this analysis is the standard of “good moral character” set by the U.S. government that enlistees need to meet to be accepted into the military; this standard is also used against immigrant veterans during …
The Case Against Prosecuting Refugees, Evan J. Criddle
The Case Against Prosecuting Refugees, Evan J. Criddle
Northwestern University Law Review
Within the past several years, the U.S. Department of Justice has pledged to prosecute asylum-seekers who enter the United States outside an official port of entry without inspection. This practice has contributed to mass incarceration and family separation at the U.S.–Mexico border, and it has prevented bona fide refugees from accessing relief in immigration court. Yet, federal judges have taken refugee prosecution in stride, assuming that refugees, like other foreign migrants, are subject to the full force of American criminal justice if they skirt domestic border controls. This assumption is gravely mistaken.
This Article shows that Congress has not authorized …
Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah Paoletti
Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah Paoletti
All Faculty Scholarship
No abstract provided.
Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons
Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons
All Faculty Scholarship
Local leaders possess significant and growing authority over refugee resettlement, yet we know little about their attitudes toward refugees. In this article, we use a conjoint experiment to evaluate how the attributes of hypothetical refugee groups influence local policymaker receptivity toward refugee resettlement. We sample from a novel, national panel of current local elected officials, who represent a broad range of urban and rural communities across the United States. We find that many local officials favor refugee resettlement regardless of refugee attributes. However, officials are most receptive to refugees whom they perceive as a strong economic and social fit within …
It Is Time To Get Back To Basics On The Border, Donna Coltharp
It Is Time To Get Back To Basics On The Border, Donna Coltharp
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
"Water Is Life!" (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade
"Water Is Life!" (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade
Indiana Law Journal
Decades of stringent immigration enforcement along the Southwest border have pushed migrants into perilous desert corridors. Thousands have died in border regions, out of the general public view, yet migrants continue to attempt the dangerous crossings. In response to what they see as a growing humanitarian crisis, activists from organizations such as No More Deaths seek to expand migrant access to water, to honor the human remains of those who did not survive the journey, and to influence public opinion about border enforcement policies. Government officials, however, have employed a range of tactics to repress this border-policy "dissent," including blacklists, …
Legal Protections For Environmental Migrants: Expanding Possibilities And Redefining Success, Jayesh Rathod
Legal Protections For Environmental Migrants: Expanding Possibilities And Redefining Success, Jayesh Rathod
Working Papers
This working paper describes international and domestic efforts to enact legal protections for environmental migrants, with attention to Latin America, and examines why efforts to craft a comprehensive international instrument to address this phenomenon have yet to succeed. It details factors contributing to this impasse, including: the lack of an existing framework; the inherent complexity and variability of environmental migration; the trend towards restrictive migration policies; and the lack of a clear institutional leader at the international level. Citing the limits of an exclusive focus on the creation of a new international instrument, the paper also points to the need …
Protecting The Flores And Hutto Settlements: A Look At The History Of Migrant Children Detention And Where Immigration Policies Are Headed, Megan Kauffman
Protecting The Flores And Hutto Settlements: A Look At The History Of Migrant Children Detention And Where Immigration Policies Are Headed, Megan Kauffman
Immigration and Human Rights Law Review
The Flores and Hutto settlement agreements established basic standards the government must meet when detaining minor children. This comment discusses the history and importance of the Flores and Hutto agreement and the current administration’s attempt to limit and circumvent both agreements.
Revisiting The New Politics Of Immigration, Catherine Dauvergne
Revisiting The New Politics Of Immigration, Catherine Dauvergne
All Faculty Publications
This article follows from the workshop that Professor Mireille Paquet organized in Montreal in June 2018, to discuss my book, The New Politics of Immigration and the End of Settler Soci- eties (Cambridge, 2016; Dauvergne 2016). In relation to this event and the articles of this spe- cial issue, this paper embarks on revisiting The New Politics of Immigration, now more than three after it first appeared in print. In this paper, I reflect on whether my arguments stand up to the test presented by the events of the past three years. Recent events lead me to nuance some of …
Law Library Blog (August 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (August 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The Libertarian Case For Immigration (And Against Trump), Peter Margulies
The Libertarian Case For Immigration (And Against Trump), Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Iccpr, Non-Self-Execution, And Daca Recipients' Right To Remain In The United States, Timothy E. Lynch
The Iccpr, Non-Self-Execution, And Daca Recipients' Right To Remain In The United States, Timothy E. Lynch
Faculty Works
The United States is a party to the International Covenant on Civil and Political Rights (ICCPR). Article 12.4 states, “No one shall be arbitrarily deprived of the right to enter his own country.” Citizens clearly enjoy the rights of Article 12.4, but this Article demonstrates that this right reaches beyond the citizenry. Using customary methods of treaty interpretation, including reference to the ICCPR’s preparatory works and the jurisprudence of the Human Rights Committee, I demonstrate that Article 12.4 also forbids states from deporting long-term resident non-citizens – both documented and undocumented – except under the rarest circumstances. As a result, …
The Legal Obligation Of The Us Government To Protect Asylum Seekers, Joy Karges
The Legal Obligation Of The Us Government To Protect Asylum Seekers, Joy Karges
Honors Theses
Immigration has always been an important topic of conversation in the United States and around the globe, but the recent surge of migrants at the US southern border has centered the debate around what is often referred to as “illegal immigration”. Some scholars argue that our detention facilities treat migrants as though they were criminals while others say detention facilities are the best way to keep migrants from making the journey to the US and threatening our national security. The purpose of this study is to untangle some of the misunderstandings surrounding immigration from Central America. By assessing some of …
"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan
"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan
All Faculty Scholarship
This article stands at the intersection of women’s history and the history of citizenship, immigration, and naturalization laws. The first part of this article proceeds by examining the general legal status of women under the laws of coverture, in which married women’s legal existence was “covered” by that of their husbands. It then discusses the 1907 Expatriation Act, which resulted in women who were U.S. citizens married to non-U.S. citizens losing their citizenship. The following sections discuss how suffragists challenged the 1907 law in the courts and how passage of the Nineteenth Amendment—and with it a new concept of women’s …
The Supreme Court Rules That Trump’S Daca Rescission Doesn’T Pass Muster, Peter Margulies
The Supreme Court Rules That Trump’S Daca Rescission Doesn’T Pass Muster, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Law School News: Will Sheehan '20 Selected For Prestigious Immigration Fellowship 06-17-2020, Michael M. Bowden
Law School News: Will Sheehan '20 Selected For Prestigious Immigration Fellowship 06-17-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney
Life of the Law School (1993- )
No abstract provided.
Taming Immigration, David A. Martin
Taming Immigration, David A. Martin
Georgia State University Law Review
Remarks on Immigration by David A. Martin at the 64th Henry J. Miller Distinguished Lecture
Sanctuary Cities And Their Respective Effect On Crime Rates, Adam R. Schutt
Sanctuary Cities And Their Respective Effect On Crime Rates, Adam R. Schutt
Undergraduate Economic Review
According to the U.S. Center for Immigration Studies (2017), cities or counties in twenty-four states declare themselves as a place of “sanctuary” for illegal immigrants. This study addresses the following question: Do sanctuary cities experience higher crime rates than those cities that are not? Using publicly available data, this regression analysis investigates the relationship between crime rates in selected cities and independent variables which the research literature or the media has linked to criminal activity. Results of this research reveal that sanctuary cities do not experience higher violent or property crime rates than those cities that are not sanctuary cities.
Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden
Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Rwu Law Professors, Aclu Seek Release For All Ice Detainees At Wyatt 05-18-2020, Roger Williams University School Of Law
Law School News: Rwu Law Professors, Aclu Seek Release For All Ice Detainees At Wyatt 05-18-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Playing By Pinochet’S Rules: Legal And Constitutional Impediments To Progressive Immigration Reform In Chile, William Patrick Schmidt
Playing By Pinochet’S Rules: Legal And Constitutional Impediments To Progressive Immigration Reform In Chile, William Patrick Schmidt
Senior Theses
This thesis explores the political context of Chile’s current immigration laws and policies, tracing changes through the dictatorship of the late 20th century, the transition to democracy in 1991, and up through the current administration. Using the backdrop of the Venezuelan migrant crisis, focus is given to specific stipulations of current policies and the impact they have on arriving migrants. A comparison with neighboring Argentina highlights key differences in policy reactions and is used to argue that a new constitution is needed in Chile in order to effectively respond to the arrival of over 250,000 Venezuelan migrants. Lastly, consideration is …
“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day
Honors Theses
From 2017 to 2020, the Trump administration cut United States refugee admissions tenfold. These reforms come unprecedented to the 40-year-old resettlement program (USRAP). By critically reviewing literature on this topic as well as conducting eight original interviews with five national nonprofits contracted by the Department of State to do refugee resettlement casework, this study sought to identify the implications of the Trump administration’s reforms to the program. Once implications were identified, I used the applied frameworks of program model as well as Michael Worth’s sociological and political science theories of American nonprofit-government relations to better inform and guide the study. …
Unfinished Business: How “Split Authority” Over U.S. Asylum Adjudications Highlights The Need To Relocate The Immigration Court System To The Department Of Homeland Security, Kirsten Bickelman
Legislation and Policy Brief
No abstract provided.
Presidential Ideology And Immigrant Detention, Catherine Y. Kim, Amy Semet
Presidential Ideology And Immigrant Detention, Catherine Y. Kim, Amy Semet
Journal Articles
In our nation’s immigration system, a noncitizen charged with deportability may be detained pending the outcome of removal proceedings. These individuals are housed in remote facilities closely resembling prisons, with severe restrictions on access to counsel and contact with family members. Given severe backlogs in the adjudication of removal proceedings, such detention may last months or even years.
Many of the noncitizens initially detained by enforcement officials have the opportunity to request a bond hearing before an administrative adjudicator called an Immigration Judge (IJ). Although these IJs preside over relatively formal on-the-record hearings and are understood to exercise “independent judgement,” …
Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo
Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
What Recourse Do Vulnerable Immigrants Have?: Violations Of The Vawa Confidentiality Provisions And The Pursuit Of An Even Playing Field, Trevor S. Gallaway
What Recourse Do Vulnerable Immigrants Have?: Violations Of The Vawa Confidentiality Provisions And The Pursuit Of An Even Playing Field, Trevor S. Gallaway
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Divided States Of America: Why The Right To Counsel Is Imperative For Migrant Children In Removal Proceedings, Catrina L. Guerrero
Divided States Of America: Why The Right To Counsel Is Imperative For Migrant Children In Removal Proceedings, Catrina L. Guerrero
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Fugitive Slaves And Undocumented Immigrants: Testing The Boundaries Of Our Federalism, Sandra L. Rierson
Fugitive Slaves And Undocumented Immigrants: Testing The Boundaries Of Our Federalism, Sandra L. Rierson
University of Miami Law Review
Federalism—the dual system of sovereignty that invests both the nation as a whole and each individual state with the authority to govern the people of the United States of America—is a foundational pillar of American democracy. Throughout the nation’s history, political crises have tested the resilience of this dual system of government established by the United States Constitution. The fundamental contradiction of slavery in a nation founded on the principle that “all men are created equal” triggered the nation’s most prominent existential crisis, resulting in the Civil War. In the years leading up to that war, the federal government’s protection …