Law Commons^™

Ethno-Nationalism And Asylum Law, Anna R. Welch, Emily L. Gorrivan

Maine Law Review

The myth that asylum laws were once more equitable and humanitarian is belied by the reality of the system’s racist origins. This Essay explains that the U.S. asylum system, like much of the U.S. immigration system, was designed to disadvantage people of color. Indeed, although former President Trump’s reference to Haiti, El Salvador, and African nations as “shithole countries” while advocating for immigration from “countries like Norway” exacerbated systemic challenges, racism has been deeply ingrained in the U.S. asylum system since its inception. Not only do U.S. laws and policies have a disparate impact on black asylum seekers but, when …

2021 Annual Report, University Of Maine School Of Law

Cumberland Legal Aid Clinic Annual Report

• Program Overview 3
• General Practice Clinic 5
• Prisoner Assistance Clinic 6
• Juvenile Justice Clinic 7
• Refugee and Human Rights Clinic 10
• Protection from Abuse Program 12
• Clinic Staffing 13

Non-State Actors "Under Color Of Law": Closing A Gap In Protection Under The Convention Against Torture, Anna R. Welch, Sangyeob Kim

Faculty Publications

The world is experiencing a global restructuring that poses a serious threat to international efforts to prevent and protect against torture. The rise of powerful transnational non-state actors such as gangs, drug cartels, militias, and terrorist organizations is challenging states’ authority to control and govern torture committed within their territory.

In the United States, those seeking protection against deportation under the Convention Against Torture (“CAT”) must establish a likelihood of torture at the instigation of or by consent or acquiescence of a public official acting in an official capacity or other person acting in an official capacity. However, what is …

Taking The "Fam" Out Of Family: Adjudicating The State Department's Discriminatory Treatment Of Same-Sex Parents On The Merits, Camrin M. Rivera

Maine Law Review

Cisgender same-sex male married couples, unlike cisgender opposite-sex married couples, will always require artificial reproductive technology (ART) for at least one of the spouses to attain biological parenthood. Due to legal and financial barriers to ART, many of these couples turn to international ART services to grow their families. In doing so, these families may face immigration battles when they apply for recognition of their child’s United States citizenship. For example, a prior State Department policy sparked three lawsuits after the State Department refused to recognize children as United States citizens from birth because the children were not biologically related …