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Full-Text Articles in Law
Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust
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
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
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 …
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 …
Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon
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 …
Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano
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
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
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
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
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.
Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López
Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López
Articles
No abstract provided.
Recognizing The Problem Of Solidarity: Immigration In The Post-Welfare State, David Abraham
Recognizing The Problem Of Solidarity: Immigration In The Post-Welfare State, David Abraham
Articles
No abstract provided.
Selecting By Origin: Ethnic Migration In The Liberal State By Christian Joppke (Book Review), David Abraham
Selecting By Origin: Ethnic Migration In The Liberal State By Christian Joppke (Book Review), David Abraham
Articles
No abstract provided.
Gonzalez Exrel. Gonzalez V. Reno. 212 F.3d 1338, Rehearing Denied, 215 F.3d 1243, Certiorari Denied, 120 S.Ct. 2737 (2000). U.S. Court Of Appeals For The Eleventh Circuit, June 1, 2000., David Abraham
Articles
No abstract provided.
Closing The Doors To The Land Of Opportunity: The Constitutional Controversy Surrounding Proposition 187, Jeffrey R. Margolis
Closing The Doors To The Land Of Opportunity: The Constitutional Controversy Surrounding Proposition 187, Jeffrey R. Margolis
University of Miami Inter-American Law Review
No abstract provided.
Comments And Recommendations On Proposed Reforms To United States Immigration Policy, Michael H. Posner
Comments And Recommendations On Proposed Reforms To United States Immigration Policy, Michael H. Posner
University of Miami Law Review
The author discusses the legal status of the "refugee" under two decades of American and international law. After reviewing the implications of the United States accession to the 1967 Protocol Relating to the Status of Refugees, the Refugee Act of 1980, and current proposals for reform in the refugee/asylum area, he concludes that the Simpson-Mazzoli bill, with several major modifications, would be the most equitable approach to dealing with the present refugee and asylum problems.
America's Incoherent Immigration Policy: Some Problems And Solutions, James J. Orlow
America's Incoherent Immigration Policy: Some Problems And Solutions, James J. Orlow
University of Miami Law Review
The author identifies some basic problems with America's immigration policy. Initially he observes that a fair and reasonable policy can only be made at the risk of inflaming local prejudices. Furthermore, the policy is inherently political and inconsistently applied. Finally, the enforcement of immigration law is not effective because the Immigration and Naturalization Service is understaffed and overworked. To remedy these problems, the author suggests that Congress enact legislation that is practical and internally consistent. He also proposes the formation of a review agency that will impartially analyze and recommend immigration policy.
A Critical Analysis Of Refugee Law, Ira J. Kurzban
A Critical Analysis Of Refugee Law, Ira J. Kurzban
University of Miami Law Review
A review of immigration law and history reveals that the United States admits large numbers of refugees from communist countries, but grants entrance to a disproportionate few from noncommunist states. The author interprets these figures to mean that the government uses the refugee admissions process as a ploy to accomplish political objectives. This article exposes the inequity in the admissions process by examining the legislative and executive responses to the refugee problem. Although many had hoped that the Refugee Act of 1980 would eliminate the political bias in refugee policy, the author suggests that the Act, in fact, institutionalizes preexisting …
The Immigration Program Of The Reagan Administration, Rudolph W. Giuliani
The Immigration Program Of The Reagan Administration, Rudolph W. Giuliani
University of Miami Law Review
No abstract provided.
Immigration Law And The Illusion Of Numerical Control, John A. Scanlan
Immigration Law And The Illusion Of Numerical Control, John A. Scanlan
University of Miami Law Review
No abstract provided.
Guidelines For The Reform Of Immigration Policy, Barry R. Chiswick
Guidelines For The Reform Of Immigration Policy, Barry R. Chiswick
University of Miami Law Review
No abstract provided.