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Full-Text Articles in Law
Ice Detention Contracts, Third-Party Beneficiary Suits, And Private Contracts In Immigrant Detention, Patrick Kennedy
Ice Detention Contracts, Third-Party Beneficiary Suits, And Private Contracts In Immigrant Detention, Patrick Kennedy
Marquette Law Review
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Getting It Righted: Access To Counsel In Rapid Removals, Stephen Manning, Kari Hong
Getting It Righted: Access To Counsel In Rapid Removals, Stephen Manning, Kari Hong
Marquette Law Review
None
Applying The U.S. Constitution To Foreign Asylum Seekers: Exposing A Curious, Inconsistent Practice In The Federal Courts, Shalini Bhargava Ray
Applying The U.S. Constitution To Foreign Asylum Seekers: Exposing A Curious, Inconsistent Practice In The Federal Courts, Shalini Bhargava Ray
Marquette Law Review
Asylum law is based on an international treaty, but federal courts routinely invoke U.S. constitutional norms in adjudicating asylum claims. Specifically, they rely on constitutional norms when gauging whether an asylum applicant has suffered harm amounting to “persecution” and whether the harm was inflicted “on account of” a protected characteristic, such as political opinion or religion. In a close analysis of this unusual practice, this Article argues that federal courts have come to inconsistent, and often incompatible, conclusions regarding the use of constitutional norms in the analysis of asylum claims: principally, on whether constitutional norms establish sufficient, insufficient, necessary, or …
A Study On Immigrant Activism, Secure Communities, And Rawlsian Civil Disobedience, Karen J. Pita Loor
A Study On Immigrant Activism, Secure Communities, And Rawlsian Civil Disobedience, Karen J. Pita Loor
Marquette Law Review
This Article explores the immigrant acts of protest during the Obama presidency in opposition to the Secure Communities (SCOMM) immigration enforcement program through the lens of philosopher John Rawls’ theory of civil disobedience and posits that this immigrant resistance contributed to that administration’s dismantling the federal program by progressively moving localities, and eventually whole states, to cease cooperation with SCOMM. The controversial SCOMM program is one of the most powerful tools of immigration enforcement in the new millennium because it transforms any contact with state and local law enforcement into a potential immigration investigation. SCOMM has now been revived through …