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Courthouse Doors Are Closed To Foreign Citizens For International Law Torts Committed By American Corporations, Gisell Landrian May 2024

Courthouse Doors Are Closed To Foreign Citizens For International Law Torts Committed By American Corporations, Gisell Landrian

University of Miami Inter-American Law Review

This Note examines the intersection of corporate accountability, human rights violations, and legal recourse for victims of child slavery in the cocoa industry inspired by the Court’s decision Nestle USA, Inc. v. Doe. This decision further limited the scope of the Alien Tort Statute, hindering the plaintiffs’ quest for justice for international human rights violations. The Note analyzes the decision in Nestle USA, Inc. v. Doe through (1) an examination of the Court’s limitations on the Alien Tort Statute and (2) an analysis of the Canadian Supreme Court’s decision in Nevsun.


The Detention Of Immigration Policy: How States Are Commandeering Dhs Enforcement Guidelines, Brianna Riguera May 2024

The Detention Of Immigration Policy: How States Are Commandeering Dhs Enforcement Guidelines, Brianna Riguera

University of Miami Inter-American Law Review

In 2021, the Department of Homeland Security issued immigration guidelines that de-emphasized detention and removal of non-citizens who, aside from being undocumented, are otherwise contributing members of communities across the United States. However, Arizona, Montana, Ohio, Texas, and Louisiana challenged these guidelines, launching a nuanced legal dispute that concerned states standing under Article III, prosecutorial discretion, and nationwide preliminary injunctions. In United States v. Texas, the Court ruled 8-1 that the states lacked standing and reversed the Fifth Circuit’s nationwide injunction, but the majority opinion failed to address the other legal issues that are pressing on a rife debate about …


Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust Dec 2023

Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust

University of Miami Inter-American Law Review

This note explores the complex relationship between climate change and Human migration, and the ensuing complications for the United States immigration scheme. Climate change can both directly and indirectly contribute to human migration, yet the United States’ regulatory scheme is unprepared for this reality and its consequences. Through analyzing several separate migratory events in Haiti, the specific failures of the United States status quo immigration systems become clearer. Further, the note will identify frameworks that could offer relief to climate-related migrants.


Chevron: Fueling The Right Against Title 42 And The Denial Of U.S. Asylum Rights, Nicholas Pierre-Paul Feb 2023

Chevron: Fueling The Right Against Title 42 And The Denial Of U.S. Asylum Rights, Nicholas Pierre-Paul

University of Miami Inter-American Law Review

This Note was inspired by the questionable treatment of Haitian asylum seekers in Del Rio, Texas, where horseback U.S. officials charged at them using reins as whips, before immediately deporting them back to Haiti. The U.S. government justified its actions by claiming that Title 42 permits U.S. officials to prohibit the entry of individuals when there is a danger of introducing certain diseases, such as COVID-19. However, Title 42 conflicts with the United States’ codified commitment to the principle of non-refoulment, prohibiting it from returning certain refugees to a country where their life or freedom would be threatened. Accordingly, the …


Sanchez V. Mayorkas: Is This The End Of Green Cards For Temporary Protected Status Holders?, Thalia G. Rivet Feb 2023

Sanchez V. Mayorkas: Is This The End Of Green Cards For Temporary Protected Status Holders?, Thalia G. Rivet

University of Miami Inter-American Law Review

This Note was inspired by the U.S. Supreme Court’s decision in Sanchez v. Mayorkas. This decision put an end to the decade-long circuit split over whether a Temporary Protected Status (“TPS”) recipient, who entered the United States unlawfully, could still become a Lawful Permanent Resident (“LPR”). Since its inception, TPS holders have been denied an avenue to adjust their status despite their socioeconomic impact on the United States and every TPS-designated country. This Note will break down and analyze the decision in Sanchez v. Mayorkas through (1) the examination of the circuit split cases, (2) the analysis of TPS holder’s …


Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama May 2022

Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama

University of Miami Inter-American Law Review

For more than six million Venezuelans, crossing international borders has become imperative to ensuring security and a livelihood that their country has failed to assure. These migrants and refugees, particularly young women and children, are vulnerable to many depredations, criminal acts, and the risk of becoming trafficking victims for forced labor and sexual slavery. This article focuses on State responsibility for migrant populations and analyzes conditions in Venezuela that caused a massive migration, the conditions in Colombia as a host State, the uncertain status of Venezuelan migrants in Colombia, and human trafficking and its impact on the migrant population.


The Equal Protection Clause & Suspect Classifications: Children Of Undocumented Entrants, Selene C. Vázquez May 2020

The Equal Protection Clause & Suspect Classifications: Children Of Undocumented Entrants, Selene C. Vázquez

University of Miami Inter-American Law Review

No abstract provided.


The Honduran Exodus: Understanding The Migrant Crisis At The Southwest Border, Ashley Saul May 2020

The Honduran Exodus: Understanding The Migrant Crisis At The Southwest Border, Ashley Saul

University of Miami Inter-American Law Review

No abstract provided.


Fugitive Slaves And Undocumented Immigrants: Testing The Boundaries Of Our Federalism, Sandra L. Rierson Apr 2020

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 …


Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon Feb 2020

Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon

University of Miami Law Review

The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from the Indigenous inhabitants of Mexico and Central America to a reductio ad absurdum. This Note joins a body of scholarship that centers the history of genocide in the United States to examine what our settler colonial history means for today’s immigration law and policy. It concludes that the contemporary …


Haiti – U.S. Migration Through A Labor Lens: The H-2 Visa Program, The Temporary Protected Status (Tps), And Its Policy Implications, Tatiana Devia Dec 2019

Haiti – U.S. Migration Through A Labor Lens: The H-2 Visa Program, The Temporary Protected Status (Tps), And Its Policy Implications, Tatiana Devia

University of Miami Inter-American Law Review

No abstract provided.


U.S. Immigration Policy: A Barrier To Immigrant Entrepreneurs, Innovation, And Startup Growth?, Courtney Kaiser Dec 2019

U.S. Immigration Policy: A Barrier To Immigrant Entrepreneurs, Innovation, And Startup Growth?, Courtney Kaiser

University of Miami Inter-American Law Review

No abstract provided.


Domestic Evolution: Amending The United States Refugee Definition Of The Ina To Include Environmentally Displaced Refugees, Barbara Mcisaac Aug 2019

Domestic Evolution: Amending The United States Refugee Definition Of The Ina To Include Environmentally Displaced Refugees, Barbara Mcisaac

University of Miami Race & Social Justice Law Review

No abstract provided.


Is The United States Safely Repatriating Unaccompanied Children? Law, Policy, And Return To Guatemala, Karen S. Baker May 2019

Is The United States Safely Repatriating Unaccompanied Children? Law, Policy, And Return To Guatemala, Karen S. Baker

University of Miami Law Review

The United States regularly removes unaccompanied immigrant children and returns them to their countries of origin, with numbers rising rapidly in recent years. The United States has moral and legal obligations to this group of children. Rooted in deep moral underpinnings, the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 requires the government to establish policies and procedures to effectuate the safe repatriation of unaccompanied children. However, now more than a decade later, the U.S. government has failed to delineate its practices promoting safe return and, in addition to a general lack of transparency, the scant information available suggests …


The Invisible Voices Of The Movement To End Violence Against Women: Immigrant Survivors With Criminal Convictions, Leoni Fred Sep 2018

The Invisible Voices Of The Movement To End Violence Against Women: Immigrant Survivors With Criminal Convictions, Leoni Fred

University of Miami Race & Social Justice Law Review

No abstract provided.


The Future Of Tort Litigation For Undocumented Immigrants In Donald Trump’S “Great” America, Dina Lexine Sarver Sep 2018

The Future Of Tort Litigation For Undocumented Immigrants In Donald Trump’S “Great” America, Dina Lexine Sarver

University of Miami Race & Social Justice Law Review

No abstract provided.


Liberty At The Cost Of Constitutional Protections: Undocumented Immigrants And Fourth Amendment Rights, Linet Suárez Feb 2017

Liberty At The Cost Of Constitutional Protections: Undocumented Immigrants And Fourth Amendment Rights, Linet Suárez

University of Miami Inter-American Law Review

The Supreme Court has issued many opinions indirectly addressing the Fourth amendment rights of undocumented immigrants. However, none of these opinions answer the questions that matter most: do undocumented immigrants have Fourth Amendment protections and if so, what are they. These questions have increasingly become more important because advances in technology facilitate intrusive searches and seizures by law enforcement officers. This article will specifically focus on the Department of Homeland Security and its use of GPS ankle bracelets to monitor undocumented immigrants. This article compares existing Supreme Court opinions concerning undocumented immigrants and Fourth Amendment rights in the technological age. …


Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano Aug 2016

Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano

University of Miami Race & Social Justice Law Review

Florida is one of fifteen jurisdictions in the United States that have enacted a direct file statute that grants prosecutors the ability to transfer juveniles from the juvenile justice system to adult court. Critiques of the direct file statute have focused on its effectiveness on deterrence and recidivism, its arbitrariness in application, and the tension with the role of juvenile justice in reforming rather than punishing youth. This Note explores the harmful consequences of the direct file statute on non-citizen youth in immigration proceedings and the probability of obtaining immigration relief. An adult conviction as opposed to a juvenile delinquency …


Matter Of A-R-C-G- And Domestic Violence Asylum: A Glimmer Of Hope Amidst A Continuing Need For Reform, Caroline Mcgee May 2016

Matter Of A-R-C-G- And Domestic Violence Asylum: A Glimmer Of Hope Amidst A Continuing Need For Reform, Caroline Mcgee

University of Miami Law Review

In August 2014, the Board of Immigration Appeals (“BIA”) issued its first published decision recognizing domestic violence as a basis for asylum. In Matter of A-R-C-G-, the BIA held that a woman who had suffered horrific abuse at the hands of her husband in her native Guatemala qualified for asylum as a member of a particular social group. The landmark decision came after years of uncertainty regarding the viability of domestic violence asylum claims and fourteen years after the BIA had rejected domestic violence as a basis for asylum in Matter of R-A-. Parts I and II of this Comment …


Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom Feb 2016

Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom

University of Miami Law Review

The relationship between federal immigration enforcement and state criminal, post-conviction law exemplifies certain inevitable complexities of preemption and federalism. Because neither perfect uniformity nor complete preemption is possible, we must consider two questions: First, whether (and, if so, how) state courts adjudicating rights should account for legitimate federal immigration law goals, such as uniformity and finality? Second, how should federal courts deploy preemption and federalism principles when faced with challenges by federal authorities to such state court actions? This article offers a framework of “dialogical federalism,” seeking to normalize certain tensions under a rubric of dialogue, rather than formal hierarchy …


Immigration, Criminalization, And Disobedience, Allegra M. Mcleod Feb 2016

Immigration, Criminalization, And Disobedience, Allegra M. Mcleod

University of Miami Law Review

This Article explores two contending visions of immigration justice: one focused on expanding procedural rights for immigrants, and a second associated with a movement of immigrant youth who have come out as “undocumented and unafraid,” issuing a fundamental challenge to immigration restrictionism. As immigration enforcement in the United States increasingly relies on criminal prosecution and detention, advocates for reform have increasingly turned to constitutional criminal procedure, seeking greater procedural protections for immigrants. But this Article argues that this focus on enhanced procedural protections is woefully incomplete as a vision of immigration justice. Although a right to counsel, for example, may …


Leave The Door Open: Mental Incompetency And The Case For A Clear Standard Of Equitable Tolling In Immigration Cases, Claire M. Wheeler May 2015

Leave The Door Open: Mental Incompetency And The Case For A Clear Standard Of Equitable Tolling In Immigration Cases, Claire M. Wheeler

University of Miami Race & Social Justice Law Review

No abstract provided.


A Pathway To The Legal Profession, Chelsea Sylvia May 2014

A Pathway To The Legal Profession, Chelsea Sylvia

University of Miami Inter-American Law Review

No abstract provided.


The Padilla Wrecking Ball: Advocating For Change In Post-Padilla Jurisprudence To Address What Really Ails The Immigration System’S Treatment Of Noncitizen Defendants In The Post-Conviction Context, Daniel Mcdermott Oct 2013

The Padilla Wrecking Ball: Advocating For Change In Post-Padilla Jurisprudence To Address What Really Ails The Immigration System’S Treatment Of Noncitizen Defendants In The Post-Conviction Context, Daniel Mcdermott

University of Miami Inter-American Law Review

No abstract provided.


Ruiz V. Robinson: Stemming The U.S. Citizen Casualties In The War Of Attrition Against Undocumented Immigrants, Andrew R. Verblow Esq. Oct 2013

Ruiz V. Robinson: Stemming The U.S. Citizen Casualties In The War Of Attrition Against Undocumented Immigrants, Andrew R. Verblow Esq.

University of Miami Inter-American Law Review

No abstract provided.


Teague New Rules Must Apply In Initial-Review Collateral Proceedings: The Teachings Of Padilla, Chaidez, And Martinez, Rebecca Sharpless, Andrew Stanton Jul 2013

Teague New Rules Must Apply In Initial-Review Collateral Proceedings: The Teachings Of Padilla, Chaidez, And Martinez, Rebecca Sharpless, Andrew Stanton

University of Miami Law Review

No abstract provided.


Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier Oct 2012

Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier

University of Miami Inter-American Law Review

No abstract provided.


The Right U.S. Immigration Enforcement Solution: "Make Haste Slowly", Michael J. Larson Apr 2012

The Right U.S. Immigration Enforcement Solution: "Make Haste Slowly", Michael J. Larson

University of Miami Law Review

No abstract provided.


Still In 'The Jungle': Labor, Immigration, And The Search For A New Common Ground In The Wake Of Iowa's Meatpacking Raids, Khari Taustin Jul 2011

Still In 'The Jungle': Labor, Immigration, And The Search For A New Common Ground In The Wake Of Iowa's Meatpacking Raids, Khari Taustin

University of Miami Business Law Review

No abstract provided.


Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte Oct 2010

Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte

University of Miami International and Comparative Law Review

No abstract provided.