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Articles 1 - 30 of 83
Full-Text Articles in Law
The Economic Impacts Of Undocumented Immigrants In The United States, Abdulaziz Alangari
The Economic Impacts Of Undocumented Immigrants In The United States, Abdulaziz Alangari
Honors Papers and Posters
There are about 11 million undocumented immigrants in the U.S., of which all are not granted a work permit. Thus, in order to survive, these immigrants seek jobs that do not require legal status but have wages significantly lower than minimum. In short, by having these immigrants work in low-wage jobs, the U.S. economy benefits by providing a diverse market to U.S. residents and thus creates a vast economy. My research paper will be talking about how the presence of undocumented immigrants is a significant factor in creating and shaping the diverse U.S. economy.
Policy Brief: Expanding Food Benefits For Immigrants: Charting A Policy Agenda For New York City, Anabel Perez-Jimenez, Nicholas Freudenberg
Policy Brief: Expanding Food Benefits For Immigrants: Charting A Policy Agenda For New York City, Anabel Perez-Jimenez, Nicholas Freudenberg
Publications and Research
This policy brief explores the eligibility of various categories of New York City’s immigrant populations, from those who have become citizens to permanent residents (Green Card holders) to those who lack legal immigration status, for SNAP, WIC and School Food, the nation’s main food benefit programs. We also examine factors that facilitate or block immigrants’ enrollment in these programs. Our larger goals are to encourage more systematic study of immigrant access to food benefits and identify opportunities for improving access. We hope to widen a public conversation among immigrants and their organizations, food security groups, food justice advocates and policy …
Should We Presume State Protection?, James C. Hathaway, Audrey Macklin
Should We Presume State Protection?, James C. Hathaway, Audrey Macklin
Articles
Professors Hathaway and Macklin debate the legality of the “presumption of state protection” that the Supreme Court of Canada established as a matter of Canadian refugee law in the Ward decision. Professor Hathaway argues that this presumption should be rejected because it lacks a sound empirical basis and because it conflicts with the relatively low evidentiary threshold set by the Refugee Convention’s “well-founded fear” standard. Professor Macklin contends that the Ward presumption does not in and of itself impose an unduly onerous burden on claimants, and that much of the damage wrought by the presumption comes instead from misinterpretation and …
The One-Year Bar To Asylum In The Age Of The Immigration Court Backlog, Lindsay M. Harris
The One-Year Bar To Asylum In The Age Of The Immigration Court Backlog, Lindsay M. Harris
Journal Articles
Imagine being forced to flee your home, separated from your children, and undergoing the perilous journey to seek safety and protection in the United States. Upon arrival, you are immediately detained and questioned about your intentions. You explain that you fear for your life and seek asylum protection. You may even undergo a detailed interview with an asylum officer, who finds that you have a significant possibility of establishing asylum eligibility. You are released from detention to pursue your asylum claim in immigration court. You diligently attend check-ins with an Immigration and Customs Enforcement officer for the next two years …
Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli
Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli
Faculty Scholarship
If Donald Trump, kicking off his campaign for the White House, was saying “what everyone is thinking,” about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales — some as old as the Flood. This article recommends that the news …
Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, Mai-Linh Hong
Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, Mai-Linh Hong
Faculty Journal Articles
This article considers how recent narratives about Vietnamese refugees engage with the Vietnam War’s visual archive, particularly iconic photographs from the war and ensuing “boat people” crisis, and contribute to present-day discourses on American militarism and immigration. The article focuses on two texts, a National Public Radio special series about a US naval ship (2010) and Thanhha Lai’s Inside Out & Back Again (2011), which recounts a Vietnamese child’s refugee passage. By refiguring famous photojournalistic images from the war, the radio series advances a familiar rescue-and-gratitude narrative in which the US military operates as a care apparatus, exemplifying a cultural …
Alienage Classifications And The Denial Of Health Care To Dreamers, Fatma E. Marouf
Alienage Classifications And The Denial Of Health Care To Dreamers, Fatma E. Marouf
Faculty Scholarship
In the Affordable Care Act (“ACA”), passed in 2010, Congress provided that only “lawfully present” individuals could obtain insurance through the Marketplaces established under the Act. Congress left it to the Department of Health and Human Services (“HHS”) to define who is “lawfully present.” Initially, HHS included all individuals with deferred action status, which is an authorized period of stay but not a legal status. After President Obama announced a new policy of Deferred Action for Childhood Arrivals (“DACA”) in June 2012, however, HHS amended its regulation specifically to exclude DACA recipients from the definition of “lawfully present.” The revised …
Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University
Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University
School of Law Conferences, Lectures & Events
No abstract provided.
Donald Trump Doubles Down On Deportation Plan, Lauren Carasik
Donald Trump Doubles Down On Deportation Plan, Lauren Carasik
Media Presence
No abstract provided.
Section 6: Immigration, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Immigration, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Immigration After Mckinley: How A President’S Death Breathed Life Into Immigration Policy, Carolyn Evans
Immigration After Mckinley: How A President’S Death Breathed Life Into Immigration Policy, Carolyn Evans
Mahurin Honors College Capstone Experience/Thesis Projects
The assassination of William McKinley in 1901 was a national tragedy. However, McKinley’s death was neither a spontaneous coincidence nor the first of its kind. The President’s assassination was one of several international anarchist attacks that resulted in the death of a world leader. Facing widespread fear regarding anarchy, the 57th Congress responded with harsh legislation that targeted some of America’s most vulnerable groups: immigrants. Faced with a rapidly changing new world, at the beginning of the 20th century, Congress began passing harsh legislation they felt necessary to protect the American public. This new legislation, unfortunately, also shook America’s core …
The Aftermath Of United States V. Texas, Shoba S. Wadhia
The Aftermath Of United States V. Texas, Shoba S. Wadhia
Journal Articles
On June 23, 2016, the Supreme Court issued a 4-4 ruling in the immigration case of United States v. Texas, blocking two “deferred action” programs announced by President Obama on November 20, 2014: extended Deferred Action for Childhood Arrivals (DACA Plus) and Deferred Action for Parents of Americans and Legal Residents (DAPA). The 4-4 ruling by the justices creates a non-precedential non-decision, upholding an injunction placed by a panel of federal judges in the Fifth Circuit Court of Appeals. While the future of these programs remains uncertain in the long term, the immediate effects are pronounced, as millions of …
A Review Of Needs And Challenges Facing Unaccompanied Alien Children (Uac) Released Into U.S. Communities, Dorothy L. Mcleod
A Review Of Needs And Challenges Facing Unaccompanied Alien Children (Uac) Released Into U.S. Communities, Dorothy L. Mcleod
Center for the Human Rights of Children
Immigrant children (<18 years) who enter the United States alone and without legal status are defined as unaccompanied alien children (UAC ), according to United States law. Between 2013 and 2015, the number of unaccompanied immigrant children arriving at the United States-Mexico border increased dramatically, reaching a peak of over 55,000 in FY 2014. While a number of research and policy documents detail the movement of youth through the immigration system, little is known about this population after their release to sponsors in the U.S. The current research brief synthesizes the existing research using a multi-disciplinary approach. We have chosen to prioritize peer-reviewed research, but have also included information from governmental and NGO reports. Each of the following sections summarizes the research on a different aspect of youth’s postr-elease adjustment to life in the United States. We conclude the report with a list of unanswered research questions.
Newsroom: From Undocumented To Immigration Lawyer 7/28/2016, Maria Sacchetti, Roger Williams University School Of Law
Newsroom: From Undocumented To Immigration Lawyer 7/28/2016, Maria Sacchetti, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Shibboleth Of Discretion: The Discretion, Identity, And Persecution Paradigm In American And Australian Lgbt Asylum Claims, Heather Kolinsky
The Shibboleth Of Discretion: The Discretion, Identity, And Persecution Paradigm In American And Australian Lgbt Asylum Claims, Heather Kolinsky
UF Law Faculty Publications
Part II of this paper will examine and compare how the LGBT asylum process has evolved—specifically vis-à-vis identity and discretion—in the United States and Australia, which can help highlight some of the issues driven by improper application of Western essentialist LGBT definitions on asylum claims. Part II will also analyze the concepts of refugee and asylum law internationally, as well as the concerns of the gay international community with respect to asylum law globally. Parts III and IV will review the asylum process for LGBT asylum applicants in the United States and Australia, respectively—with a focus on identity, discretion, and …
Newsroom: Vox: Mancheno '13 On Orlando 6-23-2016, Luis F. Mancheno, Vox, Roger Williams University School Of Law
Newsroom: Vox: Mancheno '13 On Orlando 6-23-2016, Luis F. Mancheno, Vox, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky
Law School Blogs
No abstract provided.
Immigration And Disability In The United States And Canada, Mark Weber
Immigration And Disability In The United States And Canada, Mark Weber
College of Law Faculty
Disability arises from the dynamic between people’s physical and mental conditions andthe physical and attitudinal barriers in the environment. Applying this idea aboutdisability to United States and Canadian immigration law draws attention to barriers toentry and eventual citizenship for individuals who have disabilities. Historically, NorthAmerican law excluded many classes of immigrants, including those with intellectualdisabilities, mental illness, physical defects, and conditions likely to cause dependency.Though exclusions for individuals likely to draw excessive public resources and thosewith communicable diseases still exist in Canada and the United States, in recent yearsthe United States permitted legalization for severely disabled undocumented immigrantsalready in the …
Of Mice And Men: On The Seclusion Of Immigration Detainees And Hospital Patients, Stacey A. Tovino
Of Mice And Men: On The Seclusion Of Immigration Detainees And Hospital Patients, Stacey A. Tovino
Scholarly Works
With a special focus on federal provisions strictly regulating Medicare-participating hospitals' use of seclusion, this Article uses developments in health law as a lens through which the uses and abuses of seclusion in immigration detention centers might be assessed and through which the standards governing detention centers might be improved. In particular, this Article argues that the unenforceable standards governing seclusion in immigration detention, including the most recent version of ICE's Performance-Based National Detention Standards, were incorrectly modeled on correctional standards developed for use in jails and prisons with respect to convicted criminals. This Article asserts that correctional standards are …
The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School Of Law
The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Book Review: Human Smuggling And Border Crossings, Rachel J. Wechsler
Book Review: Human Smuggling And Border Crossings, Rachel J. Wechsler
Faculty Publications
This is a review of Gabriella Sanchez's monograph, which challenges dominant narratives of human smugglers as violent members of organized criminal networks with qualitative research conducted with smuggling facilitators, their families, and those who utilized their services.
Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes
Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes
Faculty Scholarship
In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency determinations in immigration court are made by immigration judges, most commonly without the benefit of any mental health evaluation or expertise. In reflecting on the protections and processes in place in the criminal justice system, and on interviews with removal defense practitioners at ten different sites across the United States, I conclude that the role of the immigration judge in mental competency determinations must be changed in order to protect the …
Trending @ Rwu Law: Vanessa Rodriguez's Post: Clinics Collaborate On 'Crimmigration': 04/19/2016, Vanessa Rodriguez
Trending @ Rwu Law: Vanessa Rodriguez's Post: Clinics Collaborate On 'Crimmigration': 04/19/2016, Vanessa Rodriguez
Law School Blogs
No abstract provided.
Executive Power And The Scotus Argument On President Obama’S Immigration Plan, Peter Margulies
Executive Power And The Scotus Argument On President Obama’S Immigration Plan, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Rhetoric Vs Reality: Public Opinion On Immigration In The United States, Elizabeth M. Belair
Rhetoric Vs Reality: Public Opinion On Immigration In The United States, Elizabeth M. Belair
Student Publications
The United States has a rich and interesting history of immigration. The country itself was created by waves of immigrants who came from across the globe. Although immigration has always existed in the U.S., the number of immigrants coming to the United States has increased during the 21st century, and as a result, a controversial debate surrounding the consequences of immigration has emerged. In this paper I examine how Americans view the debate on immigration, specifically focusing on what affects public opinion on this topic. I find that shifts in public opinion do not reflect changes in immigration patterns but …
The Autonomy Of Chinese Migrants Despite Structural And Social Determinants, Helen Yu
The Autonomy Of Chinese Migrants Despite Structural And Social Determinants, Helen Yu
Independent Study Project (ISP) Collection
China is currently undergoing one of the largest domestic migration movements in its history, as hundreds of millions of its citizens move out of their countryside homes into urban areas to seek work in the wake of the nation’s rapid globalization. This paper examines the lives of these migrants – how much agency they have over their decisions and their destinies while simultaneously subject to overarching controls set onto them by economic circumstance, government laws, and cultural traditions. It explores how they subvert tradition and former government policies by leaving home, and how they respond when confronted with discrimination in …
¿El Derecho A Una Vida Sin Discriminación?: Un Análisis De Las Representaciones Discriminatorias Sobre Los Migrantes Bolivianos Por Parte De Los Residentes Argentinos En El Barrio Porteño De Flores, Kelly Johnson
Independent Study Project (ISP) Collection
Argentina has always been a country where migration has influenced the nation’s identity. Although migration from bordering countries towards Argentina is a phenomenon that dates back to the beginnings of the nation, since the 1990s this migratory phenomenon has been the most visible in the country, especially migration from Bolivia. The visibilization of these migrants, who do not always share the characteristics of the hegemonic Argentine (the figure of the son of white European immigrants), caused in the 1990s a surge of discrimination and social rejection. Combined with the continued existence of the restrictive “Videla Law,” a migratory law from …
Migrant Access To Healthcare: A Study Of Undocumented Migrant Access To Sexual Healthcare & Family Planning Services In Switzerland In 2016, Emily Egbert
Independent Study Project (ISP) Collection
The Swiss healthcare system has experienced a significant influx of vulnerable migrants over the past few years. This presents a challenge to providers and policy makers to account for and provide aid to these non-‐ Swiss citizens, such as undocumented migrants (UDM), whose status and circumstances may impede their access to healthcare. Along with this, various cultural barriers may present further challenges to access to the health system. This paper explores UDM access to health through the lens of sexual healthcare and family planning. In examining sexual health, the issues of sexually transmitted infections (STIs), HIV/AIDS, and sexual violence were …
A Global Solution To A Global Refugee Crisis, James C. Hathaway
A Global Solution To A Global Refugee Crisis, James C. Hathaway
Articles
The author argues that the time is right to change the way that refugee law is implemented. Specifically, Hathaway advocates a shift towards a managed and collectivized approach to the implementation of refugee protection obligations. He contends that while the obligations under the Convention remain sound, the mechanisms for implementing those obligations are flawed in ways that too often lead States to act against their own values and interests, and which produce needless suffering amongst refugees. The author concludes with a five-point plan to revitalize the Refugee Convention.
Wmu Symposium On Migration By Sea: Background Paper, Raphaël Baumler, Aref Fakhry, Khanssa Lagdami, Josefin Madjidian, Francesco Munari, Lorenzo Schiano Di Pepe, Burak Şakir Şeker
Wmu Symposium On Migration By Sea: Background Paper, Raphaël Baumler, Aref Fakhry, Khanssa Lagdami, Josefin Madjidian, Francesco Munari, Lorenzo Schiano Di Pepe, Burak Şakir Şeker
Conference Papers
No abstract provided.