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Articles 91 - 120 of 262
Full-Text Articles in Law
Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten
Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten
Criminology and Criminal Justice Faculty Publications
This article analyses United States (US) federal court jurisprudence to determine the legal rights of unaccompanied alien children (UAC) in various stages of immigration enforcement proceedings. After briefly discussing statistics on UAC in the US, it explains the legal context of US laws governing unaccompanied minors. Through examining 40 cases decided by the 12 US Circuit Courts of Appeals and various federal district courts, the article specifies how these courts interpreted and expanded on the procedural legal rights of UAC upon apprehension by immigration officials, during placement or detention decisions of the Office of Refugee Resettlement (ORR), prior to voluntary …
Marta, Marta, Tsos
Marta, Marta, Tsos
TSOS Interview Gallery
Marta is a member of the support community for Central American refugees arriving in the southwest US. In this interview, Marta shares her own story of crossing the border at a young age with her daughter and her life in the US. Marta was self-employed for many years and later went on to serve in the US Army in Iraq. For the last 9 months, she and her husband Israel and son Josue have worked tirelessly to help make sure the current refugees arriving are cared for after they are released from detention centers and begin their lives in the …
'Race, Racism, And American Law ': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries
'Race, Racism, And American Law ': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries
Faculty Law Review Articles
The events of fall 2016 exploded the myth of a post-racial America that some believed had been ushered in by Barack Obama’s presidency.1With the U.S. presidential campaign in full swing, soon-to-be President Donald Trump disparaged Muslims as terrorists, Mexicans as rapists and murderers, and African Americans as poor.2 Trump’s racist demagoguery came amidst the momentum of the Black Lives Matter,Standing Rock, and Dreamer movements—mass mobilizations that sought to end the police killings of Black people, protect Native American treaty rights, and grant immigrant minors legal status.3 Once again, the racial divide that has defined this nation since its inception 2019] …
The Militarization Of Ice And Hyper-Surveillance Of Latinx Immigrants, Karen Martinez Gonzalez
The Militarization Of Ice And Hyper-Surveillance Of Latinx Immigrants, Karen Martinez Gonzalez
Global Honors Theses
Since the creation of this country, exclusion based on race and class has been upheld by racist immigration, citizenship and labor laws. From slavery to segregation and from mass incarceration to the exploitation and criminalization of immigrant labor. The capitalist inclusion and nationalist exclusion of people of color are not separate ideologies instead they work together to ensure the original purpose of a homogeneous nation. ICE’s most important but hidden purpose is to uphold a white homogeneous nation. Their practices not only target undocumented communities but specifically undocumented communities of color. Migrants of color in the U.S. are prevented from …
The Public Charge Rule As Public Health Policy, Medha D. Makhlouf
The Public Charge Rule As Public Health Policy, Medha D. Makhlouf
Faculty Scholarly Works
A recent Gallup poll found that health care, the economy, and immigration are the top three most important political issues for U.S. voters. Public charge policy—which relates to the admission of noncitizens based on the likelihood that they will not become dependent on the U.S. government for support—lies at the intersection of these three topics. At the same time, immigration and welfare reform are prominent agenda items for the current administration. On October 10, 2018, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking that would transform public charge policy that has existed for more than a …
'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills
'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills
The Scholar: St. Mary's Law Review on Race and Social Justice
Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …
Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly
Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly
Department of Homeland Security
During the week of May 6, 2019, we visited five Border Patrol stations and two ports of entry in the El Paso area, including greater El Paso and eastern New Mexico, as part of our unannounced spot inspections of CBP holding facilities. We reviewed compliance with CBP’s Transport, Escort, Detention and Search (TEDS) standards, which govern CBP’s interaction with detained individuals, and observed dangerous holding conditions at the El Paso Del Norte Processing Center (PDT) Border Patrol processing facility, located at the Paso Del Norte Bridge, that require immediate attention. Specifically, PDT does not have the capacity to hold the …
Dha V Casa De Maryland Motion To Expedite
Unitary Theory, Consolidation Of Presidential Authority, And The Breakdown Of Constitutional Principles In Immigration Law, Grant Wilson
Unitary Theory, Consolidation Of Presidential Authority, And The Breakdown Of Constitutional Principles In Immigration Law, Grant Wilson
Immigration and Human Rights Law Review
This paper will argue that beginning with President Reagan the adoption of unitary theory as a central tenet in presidential administrations created a now ongoing consolidation of executive regulatory authority. This consolidation of power has considerably accelerated over the course of the last four decades. As Courts continue to defer to the executive in decisions made within the broad grants of power delegated by Congress, the relevance of the legislative body dwindles. The checks on executive assumption of power have largely been removed. The wall between the executive and the administrative have crumbled, and what were once considered unofficially separate …
The Trump Administration's Impact On F-1 And J-1 Visas, Laura Caty
The Trump Administration's Impact On F-1 And J-1 Visas, Laura Caty
Immigration and Human Rights Law Review
President Donald Trump is known throughout the world for continuously promoting “the wall” between Mexico and the United States. Since his inauguration in 2016, President Trump has pushed the legislature to fund construction of a physical barrier on the southern border of the United States. Not only is the wall an actual construct, but the wall also represents his entire approach to immigration law. Mexican residents are not the only ones suffering from the Trump administration's policies. While targeting Southern neighbors and undocumented or “illegal” immigrants, Trump has also created difficulties across the entire visa process for legal immigrants. Individuals …
Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie
Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie
Immigration and Human Rights Law Review
Article 1 section 8 of the United States Constitution give the U.S. government enumerated powers to establish a uniform rule on Naturalization. To carry out these duties, 8 U.S. Code § 1227 gives the government the power to initiate removal proceedings against non citizens who are undocumented or may have lost their status in the U.S. However, before removal proceedings commence, the government per 8 U.S. Code § 1229 has to send a Notice to Appear (NTA) to the non-citizen. An NTA is a written notice given to the non-citizen about the nature of proceedings against the non-citizen, the legal …
Immigration Enforcement And The Future Of Discretion, Shoba Wadhia
Immigration Enforcement And The Future Of Discretion, Shoba Wadhia
Shoba Sivaprasad Wadhia
No abstract provided.
National Security, Immigration And The Muslim Bans, Shoba Wadhia
National Security, Immigration And The Muslim Bans, Shoba Wadhia
Shoba Sivaprasad Wadhia
National security language has continued to guide the creation and defense of Executive Orders and related immigration policies issued in the Donald J. Trump administration. This Article builds on earlier scholarship examining the relationship between national security and immigration in the wake of September 11, 2001, under the Obama administration, and during the campaign leading to the 2016 Election. While the Article is largely descriptive, it ultimately questions the longevity of using national security to create and defend immigration law. This Article is limited in scope -- it does not provide a deep dive into the constitutionality of the Muslim …
Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia
Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia
Shoba Sivaprasad Wadhia
No abstract provided.
Asylum Update: Trump’S ‘Remain In Mexico’ Policy Can Continue, The Ninth Circuit Rules, Peter Margulies
Asylum Update: Trump’S ‘Remain In Mexico’ Policy Can Continue, The Ninth Circuit Rules, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Is The United States Safely Repatriating Unaccompanied Children? Law, Policy, And Return To Guatemala, Karen S. Baker
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 …
Unsung Heroes In Sa And Beyond Help Immigrants Find Hope, Erica B. Schommer
Unsung Heroes In Sa And Beyond Help Immigrants Find Hope, Erica B. Schommer
Faculty Articles
No abstract provided.
Dear United States Of America, We Are Children: Unaccompanied Immigration Children Under The Obama And Trump Immigration System, Briana Dominguez
Dear United States Of America, We Are Children: Unaccompanied Immigration Children Under The Obama And Trump Immigration System, Briana Dominguez
CURCE Annual Undergraduate Conference
Dear United States of America: We Are Children is about the way undocumented unaccompanied children are treated by the immigration system in the U.S. I focus on the two different presidential administrations, the Obama and Trump administration. I will started from the Obama administration, fiscal year 2014 and end on the Trump administration, fiscal year of 2018-19. This is important because undocumented children are treated unfairly, they are being thrown from one department to another, denied asylum, deported to their countries that they do not desire to go back, put in cells, and put into the immigration system by themselves. …
North Korean Defectors In South Korea And Asylum Seekers In The United States: A Comparison, Emma Poorman
North Korean Defectors In South Korea And Asylum Seekers In The United States: A Comparison, Emma Poorman
Northwestern Journal of Human Rights
North Korean defectors are considered citizens of South Korea under the South Korean Constitution, while others that flee violence gain the legal status of “refugee.” North Korean defectors, who attempt to escape one of the worst human rights crises in the world, find themselves in a unique situation. What benefits does this status have? How are refugees typically treated abroad, such as in the United States? This Comment will explore this unique status, how it differs from refugee status in the United States, and the challenges North Korean defectors face in South Korea.
From Family, They Flee: Asylum For Victims Of Forced Marriage, Amanda R. Fell
From Family, They Flee: Asylum For Victims Of Forced Marriage, Amanda R. Fell
Brooklyn Law Review
In 2016, 15.4 million people across the globe, the majority being young women and girls in impoverished communities, were victims of forced marriage. Many of these young victims were forced into marriages because of their place within a particular family that used the marriage to derive a benefit, economic or otherwise, for the family as a whole. Under the Immigration and Nationality Act, to be granted asylum in the United States a person must prove (1) past persecution or fear of future persecution; (2) membership in one of five enumerated protect grounds; and (3) that the persecution is on account …
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
RWU Law
No abstract provided.
New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies
New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Bill Clinton, George W. Bush, And Immigration Policy: How 9/11 Transformed The Debate Over Illegal Immigration, Robert Nelsen
Bill Clinton, George W. Bush, And Immigration Policy: How 9/11 Transformed The Debate Over Illegal Immigration, Robert Nelsen
War, Diplomacy, and Society (MA) Theses
Since the terrorist attacks of September 11, 2001, Americans have been at war against some form of terrorism both at home and abroad. This includes abuses of federal immigration laws and policies that relate to legal and illegal immigration with Mexico. It is easily substantiated that thousands of Americans have died at the hands of illegal immigrants from Mexico through criminal activity in the United States or through illegal drug trafficking. This thesis considers whether the immigration policies of Presidents Bill Clinton and George W. Bush were at fault for not properly securing the border prior to these attacks. Specifically, …
‘Otro Mundo Es Posible’: Tempering The Power Of Immigration Law Through Activism, Advocacy, And Action, Susan Bibler Coutin
‘Otro Mundo Es Posible’: Tempering The Power Of Immigration Law Through Activism, Advocacy, And Action, Susan Bibler Coutin
Buffalo Law Review
No abstract provided.
When The Problem Is The Solution: Evaluating The Intersection Between The U Visa “Helpfulness” Requirement And No-Drop Prosecution Policies, Diane Mickelson
When The Problem Is The Solution: Evaluating The Intersection Between The U Visa “Helpfulness” Requirement And No-Drop Prosecution Policies, Diane Mickelson
University of Richmond Law Review
When Congress introduced the U visa in 2000, it intended to create a program that not only protected immigrant victims of domestic violence from deportation, but also strengthened law enforcement’s ability to investigate crimes and encouraged victims to report the abuse. Traditionally, immigrant victims are particularly vulnerable to domestic violence and have been provided with few options to leave the relationship without risking their immigration status. However, while the U visa provides immigration protections to broad categories of victims, it contains a unique “helpfulness” requirement that compels victims to continually cooperate with law enforcement in order to receive the necessary …
Using 42 U.S.C. § 1985(2) To Challenge Dragnet Immigration Enforcement At State Courthouses, Cameron Sheldon
Using 42 U.S.C. § 1985(2) To Challenge Dragnet Immigration Enforcement At State Courthouses, Cameron Sheldon
UC Irvine Law Review
Shortly into the Trump presidency in 2017, Immigration and Customs Enforcement (ICE) began to have an active presence at the municipal court in Gardendale, Alabama. When individuals were brought in on minor offenses or violations, court personnel used racial markers such as language and surname to identify them as potential targets for removal. ICE would then close in to interrogate, detain, and deport them in short order. This collaboration between court personnel and ICE was corroborated by documents obtained in response to a 2017 Freedom of Information Act request. Specifically, an email chain in the documents confirmed that ICE had …
Noncitizens In The U.S. Military: Navigating National Security Concerns And Recruitment Needs, Muzaffar Chishti, Austin Rose, Stephen W. Yale-Loehr
Noncitizens In The U.S. Military: Navigating National Security Concerns And Recruitment Needs, Muzaffar Chishti, Austin Rose, Stephen W. Yale-Loehr
Cornell Law Faculty Publications
Foreign nationals have served in the U.S. military throughout American history. Indeed, in many chapters in U.S. history, they have been encouraged to serve with the promise of expedited avenues for naturalization. However, in recent years, noncitizens have faced increasing hurdles to serving their new country. Citing national security concerns, Congress and the U.S. Department of Defense (DOD) have introduced a series of policies that significantly increase the vetting requirements for noncitizen military recruits and modify the processes by which they are trained and given a chance to naturalize. These new policies have limited the enlistment of noncitizen soldiers, delayed …
Not Yet Forgiven For Being Black: Haiti's Tps, Ldf, And The Protean Struggle For Racial Justice, Raymond Audain
Not Yet Forgiven For Being Black: Haiti's Tps, Ldf, And The Protean Struggle For Racial Justice, Raymond Audain
Loyola of Los Angeles Law Review
In November 2017, the Trump administration announced its intention to terminate Temporary Protected Status for Haitians in the United States. This Article considers the termination and the lawsuits it prompted, which are helping to define the state of the plenary power doctrine, the breadth of the Fifth Amendment’s equal protection guarantee, and the purchase of the communitarian ideal. This Article also focuses on the lawsuit that the NAACP Legal Defense and Educational Fund, Inc. (LDF) filed. Although this may appear to be a new operational context for the organization, the author describes LDF’s strong interest in ensuring that the federal …
A Credible Fear: The Politics Of Gang Violence In The Northern Triangle, Jane E. Dowd
A Credible Fear: The Politics Of Gang Violence In The Northern Triangle, Jane E. Dowd
Dissertations, Theses, and Capstone Projects
This thesis will create an argument for how the victims of gang violence from the Northern Triangle nations of El Salvador, Guatemala, and Honduras qualify for asylum in the United States based on a well-founded fear of persecution. An analysis of the legal framework of the asylum system in the United States, profiles of the two largest gangs in the Northern Triangle the Mara Salvatrucha and Barrio 18, a profile of the asylum seekers arriving at the United States border, the criminal activity that the gangs engage in, and the way that this activity is political in nature will form …
Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski
Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski
Dissertations, Theses, and Capstone Projects
This case study introduces an arts camp methodology of engaging communities in identifying their key cultural heritage features, thus serving as a meta study. It presents original research based on field studies on the climate-vulnerable Caribbean island of Barbuda during 2017 and 2018. Its Valued Cultural Elements survey, enabling precise identification of key tangible and intangible art forms and biocultural practices, may serve as a basis for further studies. Such approaches may facilitate future research or planning as climate-vulnerable communities harness Local or Indigenous Knowledge for purposes of biocultural heritage preservation, or towards adaptation or relocation. I report on findings …