Law Commons^™

California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma

Immigration Law & Policy Practicum Projects

United States Immigration and Customs Enforcement (“ICE”) significantly relies on state and local personnel and resources to carry out enforcement of immigration law. California Senate Bill 54 (“SB 54”), the “California Values Act,” is California’s attempt to disentangle local law enforcement from federal civil immigration enforcement.

This Article offers an in-depth evaluation of SB 54’s mechanics; identifies vulnerabilities that exist despite SB 54 and potential means for law enforcement agencies (“LEAs”) to combat these issues; and comments on how local individual LEAs and the California Department of Corrections and Rehabilitation have chosen to exercise the discretion to comply (or not …

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings

Brooklyn Journal of International Law

Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment …

Employment Prospects Of International Students In The U.S. And Canada: Socio-Political Implications For Colleges And Universities, Taiwo O. Soetan, David Hoa K. Nguyen

Journal of Curriculum, Teaching, Learning and Leadership in Education

While the increase of the international student population has been a significant issue on a global scale, it is rarely discussed in the context of two border countries in North America – the U.S. and Canada. In addition, attention to skilled migration as a policy preference has increased among governments in an effort to address labor market gaps arising from economic shifts and structural aging. Governments invent a list of desirable characteristics in international students, such as education, age, language, and work experience, that allows them to be able to apply for employment after graduation. Countries like Canada and Australia …

Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Immigration Law Under The Mclachlin Court, Catherine Dauvergne

All Faculty Publications

No abstract provided.

Amenazado En Venezuela, En Espera En Ee.Uu., Hernan Goicochea, Juan Garcia

Capstones

Venezolano activista luchó para combatir el sida en su país, huyo de las amenazas del gobierno venezolano, y está buscando asilo político en los Estado Unidos.

https://theinformantes.home.blog/2018/12/13/amenazado-en-venezuela-en-espera-en-ee-uu/

Published Link: https://www.telemundo.com/noticias/noticias-telemundo/inmigracion/la-historia-de-jesus-en-estados-unidos-dos-secuestros-le-hicieron-huir-de-venezuela-los-tmna3870280

Other Lands And Other Skies: Birthright Citizenship And Self-Government In Unincorporated Territories, John Vlahoplus

William & Mary Bill of Rights Journal

No abstract provided.

Public Charge Proposal Spawns “Chilling Effect” Within Immigrant Hiv Community, Say Service Providers, Karina Hernandez

Capstones

New regulations from the Trump administration are leaving immigrants living with HIV in New York City reluctant to continue or seek treatment, according to service providers.

The Best Interests Of The Child Or The State? The Rights Of The Child In Non-Lpr Cancellation Of Removal, Lizzie Bird

Master's Theses

This thesis argues that the United States is failing to fulfill its obligations under the Convention on the Rights of the Child (CRC) in its adjudication of the hardship standard in non-LPR cancellation of removal. It is well-documented that the current interpretation of the “exceptional and extremely unusual hardship” standard results in the separation of families and de facto deportation of children, many of whom are U.S. citizens. This thesis contends that this practice is not only unjust, but also unlawful.

First, it argues that the CRC in general and Article 3 (the “best interests” principle) in particular have risen …

The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump, Peter Margulies

Law Faculty Scholarship

No abstract provided.

“They’Re Bringing Crime:” White Fear And Closing Borders, Hanna Rosenheimer

Student Scholar Symposium Abstracts and Posters

Leading up to the 2016 election, popular rhetoric surrounding immigrants to the United States took a marked turn. This change can be partially explained using Piotr Cap’s proximization theory, a threat-based discursive model that relies on locating threatening events in proximity to the audience in order to justify preventative or protective measures. Quantitative public opinion data from the Chapman University Survey of American Fears suggests that a disbelief in immigrants’ ability to assimilate is strongly correlated with a fear of immigrants committing crimes. White Americans who hold these beliefs typically tend to favor or strongly favor preemptive punitive action against …

“Liquidated Damages” In Guest Worker Contracts: Involuntary Servitude, Debt Peonage Or Valid Contract Clause?, Maria L. Ontiveros

Nevada Law Journal

No abstract provided.

Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels

West Virginia Law Review

No abstract provided.

Free Trade, Immigrant Workers, And Employment Discrimination, Angela D. Morrison

Faculty Scholarship

This article reframes the outward-looking perspective on workers’ rights provisions in free trade agreements. It argues that those provisions provide an opportunity to reinforce the workplace rights of noncitizen workers in the United States. Scholars and worker advocates have criticized recent free trade agreements for their lack of enforcement mechanisms and protections for workers in developing countries. They argue that this has encouraged a race to the bottom on the part of multi-national corporations who relocate to developing countries to take advantage of cheap labor costs, thereby costing U.S. workers’ jobs.

This article shifts the focus. Instead, it argues that …

Old Lines In New Battles: An Overlooked Yet Useful Statute To Confront Exploitation Of Undocumented Workers By Employers And By Ice, Aviam Soifer

Nevada Law Journal

No abstract provided.

Nationalism And Border Violence: The Global Rise In Soft Fascism, Rachel Shimabukuro

Capstone Projects and Master's Theses

Since the election of Donald Trump in the United States in 2016, there has been a particularly nationalistic, illiberal shift in the way we interact with the rest of the world. As we have favored some while violently excluding others at our borders, the media and press which criticizes these policies is under attack. This shift is not exclusive to the United States and the following research will also focus on the illiberal democratic movements in Hungary, Brazil, the Philippines, and the unfolding right-wing politics of a post-Brexit state. In an explanatory style, this research will focus on Benedict Anderson’s …

Assessing The Impact Of The Global Compacts On Refugees And Migration In The Middle East, Susan M. Akram

Faculty Scholarship

Today, the overwhelming burden of the global refugee and migrant crisis is borne by the Middle East region, driven by protracted armed conflict and exacerbated by a deficit of applicable international legal norms. Most States in the Middle East have not adopted the international treaties that provide protection guarantees for refugees and stateless persons, the 1951 Refugee Convention and its 1967 Protocol, the 1954 Convention on the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness. The lack of legal status for persons displaced by conflict, many of whom are stateless refugees, leaves them in situations …

The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Redefining “Particularly Serious Crimes” In Refugee Law, Mary Holper

Florida Law Review

Refugees are not protected from deportation if they have been convicted of a “particularly serious crime” (PSC) which renders them a danger to the community. This raises questions about the meaning of “particularly serious” and “danger to the community.” The Board of Immigration Appeals, Attorney General, and Congress have interpreted PSC quite broadly, leaving many refugees vulnerable to deportation without any consideration of the risk of persecution in their cases. This trend is disturbing as a matter of refugee law, but it is even more disturbing because it demonstrates how certain criminal law trends have played out in immigration law. …

Debating Immigration Restriction: The Case For Low And Slow, Amy L. Wax

All Faculty Scholarship

This article critiques our current politics of immigration, which is dominated by moralized and sentimental rhetoric. It argues for a more honest and balanced discussion of the merits of the status quo. A more mature debate would take into account many factors that now receive insufficient attention from politicians, academics, and the mainstream media, including the interests of voters and citizens as well as newcomers, legitimate nationalistic concerns both economic and cultural, the need for unity, stability, and cohesion through assimilation to a common culture, the primacy of American sovereignty through the maintenance of secure borders, and the integrity of …

Sanctuaries As Equitable Delegation In An Era Of Mass Immigration Enforcement, Jason A. Cade

Northwestern University Law Review

Opponents of—and sometimes advocates for—sanctuary policies describe them as obstructions to the operation of federal immigration law. This premise is flawed. On the better view, the sanctuary movement comports with, rather than fights against, dominant new themes in federal immigration law. A key theme—emerging both in judicial doctrine and on-the-ground practice—focuses on maintaining legitimacy by fostering adherence to equitable norms in enforcement decision-making processes. Against this backdrop, the sanctuary efforts of cities, churches, and campuses are best seen as measures necessary to inject normative (and sometimes legal) accuracy into real-world immigration enforcement decision-making. Sanctuaries can erect front-line equitable screens, promote …

Barring Asylum Claims: The President Versus The Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.

A Victory For Labor Standards Overshadowed By Trumps Immigration Policies, Golden Gate University Law Review

GGU Law Review Blog

On June 22, 2017, the Ninth Circuit Court of Appeals held that deportation cannot be used as retaliation against undocumented workers who exercise their labor rights. Despite this victory, recent immigration policies discourage undocumented workers from exercising their labor rights.

Local Governance Of Immigrant Incorporation: How City-Based Organizational Fields Shape The Cases Of Undocumented Youth In New York City And Paris, Stephen P. Ruszczyk

Department of Sociology Faculty Scholarship and Creative Works

City-based organizations and governments play an important role in incorporating undocumented immigrant youth. This article investigates how localities sociopolitically incorporate these immigrants by examining the governance constellations and institutional logics of the organizational field that manages undocumented youth. Comparing sets of municipal and civil society organizations in different national settings, I use the two cases of New York City and Paris to ask how the ‘city-based organizational field of immigrant incorporation’ shapes citizenship experiences of undocumented youth. Data come from multi-level longitudinal ethnography over 8 years with two dozen undocumented youth and with organizations in each city as well as …

Judicial Review Of Disproportionate (Or Retaliatory) Deportation, Jason A. Cade

Washington and Lee Law Review

No abstract provided.

National Security, Immigration And The Muslim Bans, Shoba Sivaprasad Wadhia

Washington and Lee Law Review

No abstract provided.

Deconstructing “Sanctuary Cities”: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies

Washington and Lee Law Review

No abstract provided.

287(G) Agreements In The Trump Era, Huyen Pham

Washington and Lee Law Review

No abstract provided.

Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson

Washington and Lee Law Review

No abstract provided.