Law Commons^™

How To Protect Daca & Dreamers After The United States Supreme Court’S Decision In Department Of Homeland Security V. Regents Of The University Of California, 54 Uic L. Rev. 1037 (2021), Megan Moleski

UIC Law Review

No abstract provided.

Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health (2019), Sarah Dávila A.

UIC Law White Papers

No abstract provided.

Are Carve-Outs Killing The Spirit Of Sanctuary Cities? A Comparative Analysis Of Chicago And Oak Park’S Sanctuary Policies, 52 Uic J. Marshall L. Rev. 395 (2019), Ana Torres

UIC Law Review

In the United States, undocumented immigrants often shy away from accessing public services due to fear of deportation. Chicago and Oak Park have passed ordinances commonly known as “sanctuary policies,” which seek to promote trust between immigrant communities and local law enforcement in order to lower crime rates and increase public safety. The rationale is that undocumented immigrants will feel more confident to report crimes and utilize public and social services without fear of repercussions. Sanctuary policies strive to create basic protections for undocumented immigrants at a local level by limiting cooperation with the federal government. However, many sanctuary policies …

The Puerto Rico-Chicago Connection: Cross-Boundary Drug-Treatment In The United States (2016), Sarah Dávila A., Steven D. Schwinn, John Marshall Law School International Human Rights Clinic

UIC Law White Papers

1. The John Marshall Law School International Human Rights Clinic is a law school student-practice clinic that is committed to the investigation of human rights abuses, the publication of abuses, and the protection against abuses within the United States and around the world.

2. The International Human Rights Clinic has been investigating human rights abuses arising out of a systematic practice of government officials and cooperating private individuals to relocate homeless, drug-addicted persons to putative drug-treatment centers in Chicago, Illinois. In fact, these so-called drug-treatment centers deprive individuals of their physical liberty; fail to provide adequate food, shelter, and other …

Supply And Demand: Immigration Of The Highly-Skilled And Educated In The Post-9/11 Market, 48 J. Marshall L. Rev. 419 (2015), Julia Funke

UIC Law Review

Post-9/11 immigration law and policy has had a significant impact on immigrants residing in the U.S. lawfully. Specifically, individuals applying for and immigrating using nonimmigrant employment and education visas have seen a markedly changed environment. Since this directly affects the U.S. economy, its impact cannot be underestimated. Therefore, the sections that follow will address the immigration of the highly skilled and educated in the post-9/11 market, specifically focusing on H-1B visas. Section II will begin with an explanation of the current U.S. immigration system, highlighting the restrictions on employment-based visas. Next, Section III will provide an overview of the H-1B …

Joint Submission To The U.N. Committee Against Torture Concerning The United States’ Mistreatment Of Immigrant Detainees In Violation Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Relation To The United States 5th Periodic Report On The Convention Against Torture (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Jennifer Chan, John Marshall Law School International Human Rights Clinic

UIC Law White Papers

This report relates to the mistreatment and abuse that adult immigrant detainees suffer in United States detention facilities. It is submitted in response to the United States’ periodic report relating to the Convention Against Torture (CAT) and specifically addresses the deplorable conditions of detention, the use of solitary confinement, the problem of sexual violence in detention and the lack of investigation of such acts, the refoulement of detainees who face risk of torture, the enforcement of the non-derogable prohibition of torture, and the prevention of cruel, inhuman or degrading treatment or punishment. This report discusses current practices of the U.S. …

U.S. Immigration And Custom Enforcement’S New Directive On Segregation: Why We Need Further Protections (2014), John Marshall International Human Rights Clinic

UIC Law White Papers

This report addresses the U.S. Immigration and Customs Enforcement’s (ICE) September 2013 directive concerning the use of segregation and why it does not provide sufficient protection to detainees. It specifically addresses the changes the directive makes in the use of segregation, the identification of individuals with special vulnerabilities, the review process of detainees in segregation, and the reporting procedures required of detention facilities. This report examines previous attempts to implement immigrant detention standards and sheds light on current practices by detention facilities throughout the United States in relation to their use of solitary confinement. It recommends that ICE should strictly …

The Contemporary Assault On Ethnic Studies, 47 J. Marshall L. Rev. 1189 (2014), Ronald Mize

UIC Law Review

No abstract provided.

Rethinking Resistance: Reflections On The Cultural Lives Of Property, Collective Identity, And Intellectual Property, 47 J. Marshall L. Rev. 1349 (2014), Caroline Joan Picart

UIC Law Review

No abstract provided.

Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, 47 J. Marshall L. Rev. 1181 (2014), Jean Stefancic

UIC Law Review

No abstract provided.

The Usual Suspects: Judicial Review Of State Laws That Target Undocumented Immigrants, 47 J. Marshall L. Rev. 1127 (2014), Jonathan Svitak

UIC Law Review

This Comment will attempt to balance the interests of Arizona and Alabama in combating the growing problem of undocumented immigration against the interest of the documented and undocumented aliens and U.S. citizens protected by the Equal Protection Clause.

Finding Hope For "Aged Out" Derivative Beneficiaries: Re-Examining The Child Status Protection Act In The Wake Of Scialabba V. Cuellar De Osorio, 47 J. Marshall L. Rev. 1319 (2014), Jihan Hassan, Hannah Kubica, Christina Corbaci

UIC Law Review

No abstract provided.

Ice's New Policy On Segregation And The Continuing Use Of Solitary Confinement Within The Context Of International Human Rights, 47 J. Marshall L. Rev. 1433 (2014), Sarah Dávila A.

UIC Law Review

The purpose of this essay is to discuss ICE Policy 11065.1 on segregation, its deficiencies and its unlikely full implementation, and emphasize that the current use of solitary confinement in immigration detention is in contravention of international human rights principles.

Concerning The Use Of Solitary Confinement In Immigrant Detention Facilities In The United States Of America (2013), John Marshall Law School International Human Rights Clinic, Sarah Dávila-Ruhaak, Steven D. Schwinn

UIC Law White Papers

This report relates to the situation of immigrant detainees who are held in solitary confinement in detention facilities in the United States. It is submitted in response to the United States’ fourth periodic report and specifically addresses the widespread use of solitary confinement in immigrant detention as it violates immigrant detainees’ rights to due process and judicial remedies, violations of minimum standards of the right to humane treatment, and the right to personal liberty. The report discusses the policies and practices of the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) that support the use of …

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

UIC Law Open Access Faculty Scholarship

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 …

Using The Language Of Turner V. Rogers To Advocate For A Right To Counsel In Immigration Removal Proceedings, 46 J. Marshall L. Rev. 893 (2013), Shane T. Devins

UIC Law Review

No abstract provided.

The Birthright Citizenship Controversy: A Study Of Conservative Substance And Rhetoric, 18 Tex. Hisp. J. L. & Pol'y 49 (2012), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

This essay is a critique of the conservative rhetoric used in attack of birthright citizenship--as granted by Clause One of the Fourteenth Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” The rhetoric of that attack violates the traditional canons of conservative argumentation and interpretation, such as original intent and textualism. As such, conservatives' arguments call into question the seriousness of their allegiance to these canons.

This article will not discuss the pros and cons of what we …

Mommy, Where Is Home: Imputing Parental Immigration Status And Residency For Undocumented Immigrant Children, 45 J. Marshall L. Rev. 991 (2012), Johanna K.P. Dennis

UIC Law Review

No abstract provided.

Denying Relief To The Persecutor: An Argument In Favor Of Adopting The Dissenting Opinion Of Negusie V. Holder, 44 J. Marshall L. Rev. 559 (2011), Tasha Wiesman

UIC Law Review

No abstract provided.

The United States Of Immigration: A Nation In Crisis. How Fear Has Shaped Immigration Law And Has Led Us To Question Basic Constitutional Rights, 45 J. Marshall L. Rev. 205 (2011), Patrycja Rynduch

UIC Law Review

No abstract provided.

International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar

UIC Law Review

No abstract provided.

Protecting Human Rights Without A Bill Of Rights, 43 J. Marshall L. Rev. 769 (2010), Robert French

UIC Law Review

No abstract provided.

Everyone Knows Medellin; Has Anyone Heard Of O'Brien? Reconciling The United States And The International Community By Amending The Vccr, 43 J. Marshall L. Rev. 817 (2010), Steven M. Novak

UIC Law Review

No abstract provided.

Vindicating The Rights Of People Living With Aids Under The Alien Tort Claims Act, 40, Loy. U. Chi. L.J. 643 (2009), Margaret B. Kwoka

UIC Law Open Access Faculty Scholarship

No abstract provided.

Protecting Foreign Victims Of Domestic Violence: An Analysis Of Asylum Regulations, 12 N.Y.U. J. Legis. & Pub. Pol'y 115 (2008), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.

An Analysis Of Historical And Legal Sanctuary And A Cohesive Approach To The Current Movement, 42 J. Marshall L. Rev. 135 (2008), Pamela Begaj

UIC Law Review

No abstract provided.

Make The Dream A Reality: Why Passing The Dream Act Is The Logical First Step In Achieving Comprehensive Immigration Reform, 41 J. Marshall L. Rev. 1251 (2008), Aimee Deverall

UIC Law Review

No abstract provided.

Consular Absolutism: The Need For Judicial Review In The Adjudication Of Immigrant Visas For Permanent Residence, 37 J. Marshall L. Rev. 577 (2004), Maria Zas

UIC Law Review

No abstract provided.

Asylum, Social Group Membership And The Non-State Actor: The Challenge Of Domestic Violence, 36 U. Mich. J.L. Reform 767 (2003), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

This Article argues that the current approaches to asylum claims based on "social group" membership under the U.N. convention Relation to the Status of Refugees are deeply flawed. The Refugee Convention confers asylum on persons persecuted for their membership in a particular social group. Courts have struggled with the boundaries of the social group definition, and there appears to be no coherent way to reconcile all of the court decisions on what groups qualify as social groups under the Refugee Convention.

This Article suggests that courts adopt a consistent definition of what constitutes a social group. The definition proposed in …

Immigration Law In The Supreme Court: The Flagging Spirit Of The Law, 28 J. Legis. 113 (2002), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.