Law Commons^™

Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas

CISLA Senior Integrative Projects

Since 2016, the increasing number of refugees in Europe accelerated the development of national and regional policies to determine their rights and access to resources. Against this backdrop, the strong politicization of migration, and the recent financial crises, refugees' access to welfare has “become a key area of concern across European democracies” (Lafleur et al. 2020). Considering public education programs as a pillar of social policy agendas in this region, this study examines French policy in order to answer the following questions: How do French immigration and education policies converge to determine refugees’ access to higher education in France? What …

J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children, Kourtney Speer

Golden Gate University Law Review

The border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases.

Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla

Refugee Law & Migration Studies Brief

No abstract provided.

Transformative Immigration Lawyering, Jayesh Rathod

Articles in Law Reviews & Other Academic Journals

Movement actors have long sought expansive reforms in U.S. immigration law, but two deep-seated tendencies are obstructing those efforts: incrementalism and path dependence. This Essay recommends that law clinics counter these forces by setting ambitious goals for structural change and by equipping students with knowledge and skills needed for transformative lawyering.

Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

An Immigration Solution For Improving Rural Healthcare, Kit Johnson

West Virginia Law Review

No abstract provided.

On Account Of Youth: Winning Asylum For Children, Linda Kelly

University of Cincinnati Law Review

No abstract provided.

The Intersection Of The U.S. Immigration System And Human Trafficking: A Legalized Labor Of Injustice, Stephanie Durr

Mississippi College Law Review

In order to provide a critical analysis of the structural barriers to justice faced by trafficking victims, this Comment will explore the legal framework of trafficking in the United States since 2000, discuss how that framework perpetuates trafficking, review the existing remedies available to trafficking survivors, and analyze whether the existing remedies accomplish their purported goals. Part II of this Comment details the legal framework of human trafficking, including the Trafficking Victims Protection Act and its progeny, as well as relevant case law interpreting the Act’s statutory language. Part III analytically explores how trafficking is perpetrated through temporary work visas. …

Florida Governor Desantis’ Transport Of Migrants To Massachusetts Is A “Crude Political Tactic…Playing With People’S Lives,” Law Expert Says, Rich Barlow, Sarah R. Sherman-Stokes

Shorter Faculty Works

Massachusetts officials say Florida may have broken the law by transporting 50 Venezuelan immigrants to Martha’s Vineyard on September 14.

Rachel Rollins, US Attorney for the District of Massachusetts, says she’s reviewing whether the unannounced transport violated laws against human trafficking, coercion, or other crimes. Lawyers and aid workers on the Vineyard report that the immigrants were lied to about jobs and housing awaiting them in Massachusetts, about landing in Boston, and about having to register their new addresses with federal citizenship and immigration officials.

Franco I Loved: Reconciling The Two Halves Of The Nation’S Only Government-Funded Public Defender Program For Immigrants, Amelia Wilson

Washington Law Review Online

Detained noncitizens experiencing serious intellectual and mental health disabilities are among the most vulnerable immigrant populations in the United States. The Executive Office for Immigration Review’s (EOIR) creation of the National Qualified Representative Program (NQRP) following a class action lawsuit was an important step in finally bringing meaningful protections to this population. The EOIR pledged to ensure government-paid counsel for those facing removal who had been adjudicated “incompetent” by an immigration judge, as well as other protections for those who had been identified as having a “serious mental disorder” but who had not yet been found incompetent. The NQRP is …

Regional Immigration Enforcement, Fatma Marouf

Faculty Scholarship

Regional disparities in immigration enforcement have existed for decades, yet they remain largely overlooked in immigration law scholarship. This Article theorizes that bottom-up pressure from states and localities, combined with top-down pressures and policies established by the President, produce these regional disparities. The Article then provides an empirical analysis demonstrating enormous variations in how Immigration and Customs Enforcement’s twenty-four field offices engage in federal enforcement around the United States. By analyzing data related to detainers, arrests, removals, and detention across these field offices, the Article demonstrates substantial differences between field offices located in sanctuary and anti-sanctuary regions, as well as …

The Suspension Clause After Department Of Homeland Security V. Thuraissigiam, Jonathan Hafetz

St. John's Law Review

(Excerpt)

In June 2020, in Department of Homeland Security v. Thuraissigiam, the Supreme Court of the United States rejected a constitutional challenge to Congress’s decision to eliminate habeas corpus jurisdiction over legal challenges to expedited removal orders by noncitizens in federal detention.

In Thuraissigiam, U.S. border patrol stopped the petitioner, Vijayakumar Thuraissigiam, a Sri Lankan national of Tamil ethnicity, shortly after he crossed the U.S.-Mexico border without inspection or an entry document. The petitioner asserted that he was fleeing persecution in his home country and sought asylum in the United States. The asylum officer concluded that Thuraissigiam had …

Assessing The Contribution Of Immigrants To Canada's Nursing And Health Care Support Occupations: A Multi-Scalar Analysis, Rafael Harun, Margaret Walton-Roberts

Social Work and Urban Studies Faculty Research

Background

The World Health Organization adopted the Global Strategy on Human Resources for Health Workforce 2030 in May 2016. It sets specific milestones for improving health workforce planning in member countries, such as developing a health workforce registry by 2020 and ensuring workforce self-sufficiency by halving dependency on foreign-trained health professionals. Canada falls short in achieving these milestones due to the absence of such a registry and a poor understanding of immigrants in the health workforce, particularly nursing and healthcare support occupations. This paper provides a multiscale (Canada, Ontario, and Ontario’s Local Health Integration Networks) overview of immigrant participation in …

Como Si Nunca Hubieran Existido: Los Efectos Mortales De La Prevención A Través De La Disuasión En Sin Nombre Y 7 Soles, Lillian Friedrich

Honors Theses

ABSTRACT

FRIEDRICH, LILLIAN Como si nunca hubieran existido: Los efectos mortales de la prevención a través de la disuasión en Sin Nombre y 7 Soles

ADVISOR: Stephanie A. Mueller, PhD

This thesis analyzes two primary source drama films that center around the process of immigration that Hispanic migrants experience to enter the United States. Sin Nombre, directed by Cary Joji Fukunaga in 2009, shows how Hispanic migrants utilize a train called The Beast to get from Central America to the U.S- Mexico border, facing the dangers of a moving vehicle and gang violence. 7 Soles, directed by Pedro Ultreras in …

Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate

St. Mary's Law Journal

Abstract forthcoming.

Issues Of Right To Legal Counsel In Immigrant Removal Proceedings: Due Process Framework And Applicability, Cambria A. Judd Babbitt

Honors Projects

Immigration removal proceedings suffer from a lack of procedural due process protections for non-citizens facing deportation charges. This research examines constitutional due process framework, what it entails, and how it is to be fairly applied to non-citizens in the United States. Special attention is paid to ways the immigration court system is subject to unjust and biased procedures that make it difficult for immigrants to succeed in their removal cases. The main focus of this study is on the importance of direct legal representation in removal proceedings to support non-citizens and keep courts accountable for upholding the due process of …

Forgotten Immigrant Voices: West Indian Immigrant Experiences And Attitudes Towards Contemporary Immigration, Danielle Cross

Honors Scholar Theses

Scholarly work and media coverage both point to the negative effect that the rhetoric and policy of former US President Donald Trump had on the lived experience and wellbeing of immigrant groups explicitly targeted by it (i.e., the “Trump effect”). Typically, the focus has been on Muslim and Latino immigrants as well as those less-explicitly targeted but still affected by Trump-era policies, such as temporary workers. This thesis explores whether Black immigrants from the English-speaking Caribbean, a group notably missing from the literature of “Trump effects” on immigrant experiences, experienced similar attitudinal or practical effects as a result of contemporary …

Champions For Justice 8th Annual, May 6, 2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Eliminating The Fugitive Disentitlement Doctrine In Immigration Matters, Tania N. Valdez

Notre Dame Law Review

Federal courts of appeals have declared that they may dismiss immigration appeals filed by noncitizens who are deemed “fugitives.” The fugitive disentitlement doctrine emerged in the criminal context with respect to defendants who had escaped from physical custody. Although the doctrine originated out of concerns that court orders could not be enforced against criminal fugitives, the doctrine has since crept into civil contexts, including immigration. But rather than invoking the doctrine for its originally intended purpose of ensuring that court orders could be enforced, courts now primarily invoke it for the purposes of punishment, deterrence, and protecting the dignity of …

Immigration In Regard To Economic Labor And Reform, Will Ross, Maryella Mccown, Dylan Stone

Immigration Scholarship: History, Trends and Development in Global Immigration

In the last two presidencies, the United States economy has gone through much development regarding immigration and labor. Many key factors of growth in the economy can be identified pertaining to immigration, such as job fulfillment, innovations, and more productivity. Immigrants arrive in the United States with impressive skills that are needed for many occupations. They also run many of their own businesses and provide food and hospitality services for everyone. A common question that many US citizens wonder is “How do immigrants advantage the United States economy?” By bringing in new skills and ideas that had not been discovered …

Historical Underpinnings And Consequent Effects Of Labor Exploitation Of Mexican And Central Americans In The United States, Andrew Elkins

World Languages, Literatures and Cultures Undergraduate Honors Theses

The experience immigrants have today working and living in the southern United States is defined by systems that have developed out of lingering racist attitudes and reactions toward these individuals. The flow of people across the U.S.-Mexico border has a long history, and it is characterized by patterns that have continued from early guest worker programs to the present-day flow of migrants, both legal and undocumented. Also continually present is the racialization of these migrants, which has often forced them to work and live as marginalized members of American society. This project will explore the establishment of Mexican American citizen …

The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson

The Scholar: St. Mary's Law Review on Race and Social Justice

Unaccompanied minors arrive at the United States border every day. Many brought by the hope of finding a life lived without fear, a luxury many United States citizens take for granted. Their truths become the barriers and shackles which keep them in detention centers and unaccompanied minor facilities throughout the United States; children find their very words wielded as weapons against them in immigration court. Words often spoken to therapists in perceived confidence, during counseling sessions. This practice is a systemic failure to protect unaccompanied minors arriving at our borders who are seeking protection and help. The United States …

Denmark And Sweden: The Collision Between Welfare State Politics And Immigration, Amy Elizabeth Cantrell

Student Publications

The Scandinavian welfare states of Denmark and Sweden have famously similar socio-political and cultural systems, ones which have advanced the common perception of these nations as united in a common humanitarian and progressive global position. However there exists a significant divergence within either nation’s approach to immigration, asylum and integration policy, one indicative of the deeply ingrained deviations in popular understandings of national belonging and perspectives on greater European and global integration. By contextualizing the historical progressions of either nation and juxtaposing their individual responses to both the 2015 European refugee crisis and the contemporary Ukrainian conflict and resulting refugee …

Non-State Actors "Under Color Of Law": Closing A Gap In Protection Under The Convention Against Torture, Anna R. Welch, Sangyeob Kim

Faculty Publications

The world is experiencing a global restructuring that poses a serious threat to international efforts to prevent and protect against torture. The rise of powerful transnational non-state actors such as gangs, drug cartels, militias, and terrorist organizations is challenging states’ authority to control and govern torture committed within their territory.

In the United States, those seeking protection against deportation under the Convention Against Torture (“CAT”) must establish a likelihood of torture at the instigation of or by consent or acquiescence of a public official acting in an official capacity or other person acting in an official capacity. However, what is …

The Right To Remain, Timothy E. Lynch

Faculty Works

No abstract provided.

Embracing Crimmigration To Curtail Immigration Detention, Pedro Gerson

Faculty Scholarship

Immigration advocates have long objected to both the constitutionality and conditions of immigration detention. However, legal challenges to the practice have been largely unsuccessful due to immigration law’s “exceptionality.” Placing recent litigation carried out against immigration detention during the COVID-19 pandemic within the context of the judiciary’s approach to immigration, this Article argues that litigation is an extremely limited strategic avenue to curtail the use of immigration detention. I then argue that anti-immigration detention advocates should attempt to incorporate their agenda into criminal legal reform and decarceration efforts. This is important for both movements. Normatively, immigration detention raises comparable issues: …

Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania

Faculty Scholarship

The concept of sovereignty in international law allows states to exclude and expel most categories of migrants, subject only to very narrow exceptions from international human rights and refugee law. Inverting the state sovereignty paradigm traditionally used to exclude migrants, this Essay reimagines sovereignty to protect migrants by drawing on the international law doctrine of state responsibility. The doctrine of state responsibility requires states to remedy the consequences of their actions in violation of international law. States that violate the sovereignty of other states, more specifically their territorial integrity or political independence, and thereby cause forced migration should have an …

Immigration Policy And Covid-19, Daniel Hostetter

Helm's School of Government Conference - American Revival: Citizenship & Virtue

No abstract provided.

The Role Of Prosecutorial Discretion In The Constitutionality Of Daca, Olivia Dixon

SLU Law Journal Online

DACA has been a controversial immigration program for almost a decade, as it winds its way through the United States's court system. In this article, Olivia Dixon argues that federal judge Andrew Hanen's most recent holding, that DACA is unconstitutional, is wrong, specifically looking at the role prosecutorial discretion plays in the program's constitutionality.

Understanding The Nansen Passport: A System Of Manipulation, Kacey Bengel

Indiana Journal of Global Legal Studies

The aftermath of World War I, the "war to end all wars," left the world with as many new problems as it did resolutions. State powers tested and expanded the boundaries and interpretations of international law; in the end, there were the triumphant Allied Powers, the heavily wounded Central Powers, and millions of displaced individuals left adrift in the wake. Never before had the international community attempted to address the issue of refugees, and the product of the postwar efforts did not provide a complete solution. This paper will analyze the international community's] response to the massive refugee crisis and …