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Articles 1 - 18 of 18
Full-Text Articles in Law
Mara Salvatrucha (Ms-13) And Ley Anti Mara: El Salvador's Struggle To Reclaim Social Order, Juan J. Fogelbach
Mara Salvatrucha (Ms-13) And Ley Anti Mara: El Salvador's Struggle To Reclaim Social Order, Juan J. Fogelbach
San Diego International Law Journal
MS-13 poses a threat to both Salvadorians and Americans. It is a gang that must be cooperatively contained; it will not be controlled by a simplistic burden-shifting policy that leaves El Salvador, a developing country, to unilaterally deal with the problem. This paper will argue that: (1) the deportation of gang members, which results in the arbitrary deaths of thousands of innocent Salvadorians who have no legal recourse amounts to a grave violation of human rights; (2) deportation of gang members to a society where they are likely to be killed by vigilante death squads, or in prison fires and …
The Strategic Use Of Mexico To Restrict South American Access To The Diversity Visa Lottery, Jonathan H. Wardle
The Strategic Use Of Mexico To Restrict South American Access To The Diversity Visa Lottery, Jonathan H. Wardle
Vanderbilt Law Review
In 1990, Congress enacted the Family Unity and Employment Opportunity Act (the "1990 Act"), which created a visa lottery to enhance the diversity of the immigrant stream and to ensure that areas of the world sending relatively few immigrants to the United States could still have access to the immigrant stream. In order to achieve these goals, Congress created a complex formula by which 55,000 "diversity" visas would be distributed annually among six geographically defined regions based on the total number of immigrant admissions from each region. Under this formula, regions with relatively low admission rates are granted more visas …
A Constitutional Oddity Of Almost Byzantine Complexity: Analyzing The Efficiency Of The Political Function Doctrine, Gregory Scopino
A Constitutional Oddity Of Almost Byzantine Complexity: Analyzing The Efficiency Of The Political Function Doctrine, Gregory Scopino
Gregory A Scopino
No abstract provided.
Reforming U.S. Immigration Policy In An Era Of Latin American Immigration: The Logic Inherent In Accommodating The Inevitable, Ryan D. Frei
Reforming U.S. Immigration Policy In An Era Of Latin American Immigration: The Logic Inherent In Accommodating The Inevitable, Ryan D. Frei
University of Richmond Law Review
No abstract provided.
The Wrong Solution: An Examination Of Present Bush's Proposed Temporary Worker Program., Tory A. Cronin
The Wrong Solution: An Examination Of Present Bush's Proposed Temporary Worker Program., Tory A. Cronin
The Scholar: St. Mary's Law Review on Race and Social Justice
In 2004, President George Bush offered a new proposal to provide temporary work permits to undocumented immigrants. His proposal, however, falls short of his goals to create an immigration system which serves the American economy and reflects the American Dream. This temporary worker program would provide labor for positions which Americans are not filling currently. For some reason, Americans seem averse to holding certain jobs even though these jobs are readily available. President Bush’s proposal, which he asked Congress to draft, alleviates pressure on American employers who wish to fill low-demand jobs with foreign laborers. The proposal accomplishes this by …
Immigration And Constitutional Consequences Of Post-9/11 Policies Involving Arabs And Muslims In The United States: Is Alienage A Distinction Without A Difference?, Susan M. Akram, Maritza Karmely
Immigration And Constitutional Consequences Of Post-9/11 Policies Involving Arabs And Muslims In The United States: Is Alienage A Distinction Without A Difference?, Susan M. Akram, Maritza Karmely
Faculty Scholarship
There has been much public and academic discussion on post-9/11 government policies and whether their impact on Arabs and Muslims in the United States is unconstitutional “racial profiling” or legitimate immigration control based on constitutionally permissible nationality distinctions. The main assumption underlying this debate is that the focus of the government's policies in the “war on terror” is noncitizens, even if principally Arabs and Muslims. Thus, the racial profiling issues center on the differences between the constitutional due process analysis applied to noncitizens and that applied to citizens. This Article challenges the above argument and a number of its underlying …
Nourishing Justice And The Continuum: Implementing A Blended Model In An Immigration Law Clinic, Irene Scharf
Nourishing Justice And The Continuum: Implementing A Blended Model In An Immigration Law Clinic, Irene Scharf
Faculty Publications
The purpose of this Article is to describe how the new Immigration Law Clinic at Southern New England School of Law has combined attention to the School's mission of educating students and expanding justice by serving the community with the broader goal of addressing the continuing educational needs of recent law school graduates. The Clinic not only offers direct legal services to clients but also trains and mentors recently graduated local attorneys, who offer both pro bono client representation as well as student supervision. Through the Immigration Law Clinic, these attorneys are trained in both immigration law and clinical supervision. …
Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller
Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller
Journal Articles
Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.
Social Citizen As “Guest Worker”: A Comment On Identities Of Immigrants And The Working Poor, Frank W. Munger
Social Citizen As “Guest Worker”: A Comment On Identities Of Immigrants And The Working Poor, Frank W. Munger
NYLS Law Review
No abstract provided.
A War On Drugs Or A War On Immigrants? Expanding The Definition Of "Drug Trafficking" In Determining Aggravated Felon Status For Noncitizens, Jeff Yates, Todd A. Collins, Gabriel J. Chin
A War On Drugs Or A War On Immigrants? Expanding The Definition Of "Drug Trafficking" In Determining Aggravated Felon Status For Noncitizens, Jeff Yates, Todd A. Collins, Gabriel J. Chin
Maryland Law Review
No abstract provided.
The Evolving, Yet Still Inadequate, Legal Protections Afforded Battered Immigrant Women, Indira K. Balram
The Evolving, Yet Still Inadequate, Legal Protections Afforded Battered Immigrant Women, Indira K. Balram
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Immigration: Mind Over Matter, Shoba Sivaprasad Wadhia
Immigration: Mind Over Matter, Shoba Sivaprasad Wadhia
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Towards Balancing A New Immigration And Nationality Act: Enhanced Immigration Enforcement And Fair, Humane And Cost-Effective Treatment Of Aliens, Christopher Nugent
Towards Balancing A New Immigration And Nationality Act: Enhanced Immigration Enforcement And Fair, Humane And Cost-Effective Treatment Of Aliens, Christopher Nugent
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Another Limit On Federal Court Jurisdiction - Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family
Another Limit On Federal Court Jurisdiction - Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family
Cleveland State Law Review
By analyzing both the text of 8 U.S.C. § 1252(f)(1) and relevant Supreme Court precedent, this article attempts to decipher the meaning of § 1252(f)(1). If a federal court were to interpret § 1252(f)(1) to be a broad bar against class-wide injunctive relief, such an interpretation would raise constitutional concerns, as the Supreme Court has ruled that individual actions based on the administrative record of a single hearing are an ineffective means to challenge an immigration pattern or practice of the federal government. The analysis in this article leads to the conclusion that the text of § 1252(f)(1) does not, …
"Soft Immutability" And "Imputed Gay Identity": Recent Developments In Transgender And Sexual-Orientation-Based Asylum Law, Joseph Landau
"Soft Immutability" And "Imputed Gay Identity": Recent Developments In Transgender And Sexual-Orientation-Based Asylum Law, Joseph Landau
Fordham Urban Law Journal
This Article surveys the law of LGBT asylum as it has developed over the past fifteen years, first, with the landmark case of Matter of Toboso-Alfonso, which recognized homosexuality as a "particular social group"; second, with the Ninth Circuit's recent cases adopting a soft immutability standard of identity and expanding asylum protection to transgender individuals; and third, with a discussion of the "particular social group" analysis as it applies to transgender asylum seekers and the emergence of the "imputed gay identity" category as an alternative basis for relief for those litigants who do not identify as gay or lesbian but …
Uncharted Territory: Choosing An Effective Approach In Transgender-Based Asylum Claims, Victoria Neilson
Uncharted Territory: Choosing An Effective Approach In Transgender-Based Asylum Claims, Victoria Neilson
Fordham Urban Law Journal
This Article focuses on individuals who believe that they are born with the wrong anatomical sex and who suffer persecution as a result of their transgender identity. The Article discusses existing precedent in the context of transgender asylum seekers and suggests possible theories for framing successful transgender asylum claims.
The Surge In Immigration Appeals And Its Impact On The Second Circuit Court Of Appeals, Michael B. Mushlin
The Surge In Immigration Appeals And Its Impact On The Second Circuit Court Of Appeals, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
In this report we (1) describe the BIA procedural reforms; (2) quantify the resulting increase in appeals from the BIA to the circuit courts of appeals with particular emphasis on the Second Circuit; (3) review the constitutional challenges to the BIA reforms, which have been uniformly rejected; (4) describe the administrative response of the Second Circuit to the BIA appeal surge; (5) assess the impact of the surge on the Second Circuit, and its other ramifications; and (6) offer our recommendations on how to deal with the surge going forward.
Separate, Unequal, And Alien: Comments On The Limits Of Brown, Lenni B. Benson
Separate, Unequal, And Alien: Comments On The Limits Of Brown, Lenni B. Benson
NYLS Law Review
No abstract provided.