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Immigration Law

Selected Works

2015

Articles 1 - 30 of 101

Full-Text Articles in Law

The New Deportations Delirium (Editor), Daniel Kanstroom, M. Lykes Dec 2015

The New Deportations Delirium (Editor), Daniel Kanstroom, M. Lykes

Daniel Kanstroom

Since 1996, when the deportation laws were hardened, millions of migrants to the U.S., including many long-term legal permanent residents with “green cards,” have experienced summary arrest, incarceration without bail, transfer to remote detention facilities, and deportation without counsel—a life-time banishment from what is, in many cases, the only country they have ever known. U.S.-based families and communities face the loss of a worker, neighbor, spouse, parent, or child. Many of the deported are “sentenced home” to a country which they only knew as an infant, whose language they do not speak, or where a family lives in extreme poverty …

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Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström Oct 2015

Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström

Leila Brännström

This article investigates the historical development and transformation of Swedish integration policy, including its predecessor immigrant policy, as a “biopolitics of the population”. “Biopolitics of the population” refers in this article to all governmental interventions targeting the population, or parts of it, with a view to producing a collective body of a particular quality and identity. Swedish integration policy is thus analyzed in order to answer questions such as: how has the population been embodied over time? How has the Swedish grammar of multiplicity and fragmentation changed? Which groups within the population have been considered to be in need of …

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Smart(Er) Enforcement: Rethinking Removal, Daniel Kanstroom Oct 2015

Smart(Er) Enforcement: Rethinking Removal, Daniel Kanstroom

Daniel Kanstroom

Substantial interior immigration enforcement will undoubtedly continue in the United States, whether or not the legislative and executive branches can craft a legalization program. Though some enforcement is undoubtedly necessary, the system’s continuity will also be due in part to inertia. The size of the current enforcement system is stunning, affecting many millions of noncitizens and removing many hundreds of thousands annually. Equally impressive are its costs and its complexity. One recent study aptly described the system as “formidable machinery,” involving a “complex, cross-agency system that is interconnected in an unprecedented fashion.” Spending on immigration enforcement was about $18 billion …

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Réfugiés Écartés, Sean Rehaag, Francois Crepeau Oct 2015

Réfugiés Écartés, Sean Rehaag, Francois Crepeau

Sean Rehaag

No abstract provided.

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Jason Kenney's Proposal To Strip Citizenship From 'Terrorists' Undermines Canadian Values, Sean Rehaag Oct 2015

Jason Kenney's Proposal To Strip Citizenship From 'Terrorists' Undermines Canadian Values, Sean Rehaag

Sean Rehaag

No abstract provided.

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Adjudication Lottery For Refugees, Sean Rehaag Oct 2015

Adjudication Lottery For Refugees, Sean Rehaag

Sean Rehaag

No abstract provided.

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Patrolling The Borders Of Sexual Orientation: Bisexual Refugee Claims In Canada, Sean Rehaag Oct 2015

Patrolling The Borders Of Sexual Orientation: Bisexual Refugee Claims In Canada, Sean Rehaag

Sean Rehaag

Canada’s current definition of a refugee includes those facing persecution on account of sexual orientation. This article demonstrates that the success rates for sexual-minority refugee claims are similar to the success rates for traditional refugee claims. However, one subset of sexual-minority refugee claimants, those alleging a fear of persecution on account of bisexuality, is far less successful. The author contends that a major cause of the difficulties bisexual refugee claimants encounter is the dominant understanding of sexual orientation as an innate and immutable personal characteristic. This view of sexual orientation underlies contemporary Canadian sexual-minority refugee law. The life experiences of …

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No One Is Above The Law On Refugees: Churches Keep Canada From Violating International Law, Sean Rehaag Oct 2015

No One Is Above The Law On Refugees: Churches Keep Canada From Violating International Law, Sean Rehaag

Sean Rehaag

No abstract provided.

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Stop Vilifying Roma Refugees, Sean Rehaag, Benjamin L. Berger Oct 2015

Stop Vilifying Roma Refugees, Sean Rehaag, Benjamin L. Berger

Sean Rehaag

No abstract provided.

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The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag Oct 2015

The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag

Sean Rehaag

This article examines the role of counsel in Canada's refugee determination process through an investigation of over 70,000 refugee decisions from 2005 to 2009. The article demonstrates that counsel is a key factor driving successful outcomes. The article also shows that legal aid programs are increasingly restrictive in funding legal representation for refugee claimants. The author argues that these restrictions put the lives of refugees at risk. The article also demonstrates that claimants represented by immigration consultants are less likely to succeed than claimants represented by lawyers. This, combined with evidence that the immigration consulting industry has not established adequate …

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Kenney Confuses On Permanent Residence Loss, Sean Rehaag, Audrey Macklin, Lorne Waldman Oct 2015

Kenney Confuses On Permanent Residence Loss, Sean Rehaag, Audrey Macklin, Lorne Waldman

Sean Rehaag

No abstract provided.

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Time For Lawyers To Confront Anti-Roma Stereotypes, Sean Rehaag Oct 2015

Time For Lawyers To Confront Anti-Roma Stereotypes, Sean Rehaag

Sean Rehaag

No abstract provided.

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Playing Politics With Refugees, Sean Rehaag, Audrey Macklin Oct 2015

Playing Politics With Refugees, Sean Rehaag, Audrey Macklin

Sean Rehaag

No abstract provided.

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Legislation Won't Stop Asylum Seekers Using Human Smugglers, Sean Rehaag, Sharryn Aiken Oct 2015

Legislation Won't Stop Asylum Seekers Using Human Smugglers, Sean Rehaag, Sharryn Aiken

Sean Rehaag

No abstract provided.

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Deportation And Rights, Daniel Kanstroom Sep 2015

Deportation And Rights, Daniel Kanstroom

Daniel Kanstroom

Panelist at the conference "Transforming Migrations: Beyond the 1965 Act."

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Stop Vilifying Roma Refugees, Sean Rehaag, Benjamin L. Berger Sep 2015

Stop Vilifying Roma Refugees, Sean Rehaag, Benjamin L. Berger

Benjamin L. Berger

No abstract provided.

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All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek Aug 2015

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

Approximately 13 percent of the U.S. population — nearly 40 million — is foreign-born, of which about 6 percent are naturalized U.S. citizens. Given the positive image associated with immigrants — the “nation of immigrants” or “the melting pot” — one would assume that all Americans in the U.S.A., natural born or naturalized, have equal worth as citizens. This, however, is not necessarily the case. Despite U.S. citizenship, naturalized Americans are seen less than equal to natural born Americans. They are often confused with “foreign nationals.” Moreover, their cultural belonging, allegiance, English-language skills, as well as other qualifications, are questioned.

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Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma Marouf Aug 2015

Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma Marouf

Fatma Marouf

A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet the Board of Immigration Appeals (BIA) has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examining of the elements of the crime with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offense are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious …

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A Beginner's Guide To Business-Related Aspects Of United States Immigration Law, 5 Nw. J. Int'l L. & Bus. 844 (1983), Paul T. Wangerin Aug 2015

A Beginner's Guide To Business-Related Aspects Of United States Immigration Law, 5 Nw. J. Int'l L. & Bus. 844 (1983), Paul T. Wangerin

Paul Wangerin

No abstract provided.

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A Beginner's Guide To Business-Related Aspects Of United States Immigration Law, Paul T. Wangerin Aug 2015

A Beginner's Guide To Business-Related Aspects Of United States Immigration Law, Paul T. Wangerin

Paul Wangerin

Recent media references to various aspects of United States immigration law - important legislative changes recently suggested by introduction of the Simpson-Mazzoli "Immigration Reform and Control Act"; the crisis involving refugees arriving in the United States from Cuba, Haiti, and Southeast Asia; massive investments in domestic companies by citizens or residents of Middle Eastern oil-producing countries; potential reaction by European business people to President Reagan's changing stance regarding investments in the Soviet Union; the economic policies of France's socialist government; and the United States' deteriorating relation wtih certain Central and South American countries - have drawn renew attention to the …

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Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes Aug 2015

Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes

Elizabeth Keyes

In a unique corner of immigration law, a significant reallocation of power over immigration has been occurring with little fanfare. States play a dramatic immigration gatekeeping role in the process for providing protection to immigrant youth, like many of the Central American children who sought entry to the United States in the 2014 border “surge.” This article closely examines the history of this Special Immigrant Juvenile Status provision, enacted in 1990, which authorized a vital state role in providing access to an immigration benefit. The article traces the series of shifts in allocation of power between the federal government and …

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Natural Hazards, Human Actors, Serious Harm: Refugee Protection Through Understanding The Social Construction Of Disasters, Matthew Scott Jul 2015

Natural Hazards, Human Actors, Serious Harm: Refugee Protection Through Understanding The Social Construction Of Disasters, Matthew Scott

Matthew Scott

The occurrence of a natural hazard event is a necessary, but not sufficient condition for the unfolding of a ‘natural’ disaster. Disasters result when individuals and communities are exposed and vulnerable to natural hazards, such as droughts, floods and earthquakes. In their turn, exposure and vulnerability are social facts that are often closely correlated with discrimination, for example against women, children, older people, persons with disabilities, as well as for reasons of race, religion, nationality or political opinion. Adopting the perspective that sees disasters as socially constructed in this way, the scope of the 1951 Convention relating to the Status …

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The Punishment/El Castigo: Undocumented Latinos And U.S. Immigration Processing, Ruth Gomberg-Munoz Jul 2015

The Punishment/El Castigo: Undocumented Latinos And U.S. Immigration Processing, Ruth Gomberg-Munoz

Ruth Gomberg-Munoz

For undocumented people who become eligible for a US immigrant visa, the pathway to lawful status bifurcates around one central question: how did you get into the USA? While most visa overstayers can adjust their status within the USA, undocumented border crossers must leave the USA to change their status. When they do, all but a few trigger a 10-year bar—often called ‘el castigo’ in Spanish or ‘the punishment’—on their return. This paper draws on a three-year ethnographic study to explore the process of legalisation for Latinos who entered and lived in the USA unlawfully. I pay particular attention to …

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Why International Law Favors Emigration Over Immigration, Thomas Kleven Jul 2015

Why International Law Favors Emigration Over Immigration, Thomas Kleven

Thomas Kleven

No abstract provided.

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The Democratic Right To Full Bilingual Education, Thomas Kleven Jul 2015

The Democratic Right To Full Bilingual Education, Thomas Kleven

Thomas Kleven

No abstract provided.

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Is There Room For State Law In The U.S. Immigration Arena?: A Look At New State Laws And Established Ideas Of Federalism, Lyn Entzeroth, Michael Scaperlanda, Rick Su, Huyen Pham Jul 2015

Is There Room For State Law In The U.S. Immigration Arena?: A Look At New State Laws And Established Ideas Of Federalism, Lyn Entzeroth, Michael Scaperlanda, Rick Su, Huyen Pham

Huyen T. Pham

No abstract provided.

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The Four Immigration Positions In Play: Federal, State, Inclusive And Exclusive Considerations – A Debate, Robert Butkin, Hiroshi Motomura, Kris Kobach, Michael Scaperlanda, Rick Su, Huyen Pham, Sebastian Lantos Jul 2015

The Four Immigration Positions In Play: Federal, State, Inclusive And Exclusive Considerations – A Debate, Robert Butkin, Hiroshi Motomura, Kris Kobach, Michael Scaperlanda, Rick Su, Huyen Pham, Sebastian Lantos

Huyen T. Pham

No abstract provided.

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Summary Of Goodrich & Pennington Mortgage Fund, Inc. V. J.R. Woolard, Inc., 120 Nev. Adv. Op. 85, Angela Morrison Jul 2015

Summary Of Goodrich & Pennington Mortgage Fund, Inc. V. J.R. Woolard, Inc., 120 Nev. Adv. Op. 85, Angela Morrison

Angela D. Morrison

In a bench trial, the district court awarded appellant Goodrich & Pennington Mortgage Fund, Inc. (“Goodrich & Pennington”) damages arising from a negligent appraisal executed by J.R. Woolard, Inc. (“Woolard”). Goodrich & Pennington appealed, alleging that the district court failed to take into account all of the damages caused by the negligent appraisal.

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Consular Notification For Dual Nationals, 38 S. Ill. U. L.J. 73 (2013), Mark E. Wojcik Jul 2015

Consular Notification For Dual Nationals, 38 S. Ill. U. L.J. 73 (2013), Mark E. Wojcik

Mark E. Wojcik

In a case against the United States brought before the International Court of Justice (ICJ), Mexico sought to protect the rights of fifty-four Mexican nationals who had been arrested in the United States for various crimes and put on trial without being informed of their rights under the Vienna Convention on Consular Relations (VCCR). These fifty-four Mexican nationals all faced the death penalty in various states of the United States. Shortly after filing its case in Avena and Other Mexican Nationals, however, Mexico dropped from the case one Mexican national who was also a citizen of the United States. The …

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Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan Jun 2015

Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan

Anil Kalhan

In November 2014, the Obama administration announced the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiative, which built upon a program instituted two years earlier, the Deferred Action for Childhood Arrivals (DACA) initiative. As mechanisms to channel the government’s scarce resources toward its enforcement priorities more efficiently and effectively, both DACA and DAPA permit certain individuals falling outside those priorities to seek “deferred action,” which provides its recipients with time-limited, nonbinding, and revocable notification that officials have exercised prosecutorial discretion to deprioritize their removal. While deferred action thereby facilitates a highly tenuous form of quasi-legal recognition …

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