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Articles 1 - 30 of 41
Full-Text Articles in Law
Pressured Exit, Jayesh Rathod
Pressured Exit, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
This Article upends the traditional framing of the United States as a migrant-receiving country by examining a growing category of emigrant outflows: U.S. citizens who have been compelled to depart permanently because of conditions of vulnerability. Eschewing use of the generic term "expatriate," this Article contends that these U.S. citizens are most accurately described as pressured migrants who have exited due to identity-based mistreatment, gaps in the social safety net, or concerns about deteriorating social and political conditions in the United States. By focusing on these departures, this Article aims to further theorize and provide a lexicon for a subtype …
Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments, Bianka Ukleja
Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments, Bianka Ukleja
Refugee Law & Migration Studies Brief
First, this paper will describe the U.S.’s anticorruption commitments under international law. Next, it will present the general features of current U.S. refugee and asylum law, pertaining to particular social group (PSG) and political opinion claims. Last, this paper will discuss how the Biden Anti-Corruption Memo provides fertile ground for DHS to initiate an informal rulemaking process under the Administrative Procedure Act (APA) to engage civil society on how U.S. refugee and asylum laws can better support a pathway to citizenship for anti-corruption activists in pursuit of key U.S. foreign policy interests abroad and who find themselves unable to seek …
Can Bilateral Agreements On Migration Control Be A New Way For The Global Compact On Refugees (Gcr) And The Global Compact On Safe, Orderly And Regular Migration (Gcm)?, Ayse Yildiz-Demir
Can Bilateral Agreements On Migration Control Be A New Way For The Global Compact On Refugees (Gcr) And The Global Compact On Safe, Orderly And Regular Migration (Gcm)?, Ayse Yildiz-Demir
Refugee Law & Migration Studies Brief
Both externalization and external dimension of migration control play critical roles in the contained mobility around the world, especially in the southern external borders of the EU in the last decades. Externalization aims to contain mobility of migrants (including irregular migrants, refugees, asylum seekers or economic migrants) beyond national borders of destination states by using different practices such as push-back operations at the sea or keeping migrants in the extraterritorial camps until the evaluation of their asylum claims. On the other hand, the external dimension pursues migration control via carrying out softer policies than externalization. As one of most popular …
Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla
Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla
Refugee Law & Migration Studies Brief
No abstract provided.
Transformative Immigration Lawyering, Jayesh Rathod
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.
Punishment And Prejudice: Reproductive Coercion In Immigration And Customs Enforcement Detention Centers, Inka Skłodowska Boehm
Punishment And Prejudice: Reproductive Coercion In Immigration And Customs Enforcement Detention Centers, Inka Skłodowska Boehm
American University Journal of Gender, Social Policy & the Law
Introduction
Pauline Binam arrived in the United States from Cameroon as a toddler, with no notion of the dangers her new home had in store. At twenty-eight years old, Pauline found herself separated from her daughter and awaiting deportation in the Irwin County Detention Center in Ocilla, Georgia. Pauline consented to what she believed was a minor procedure after suffering from irregular menstrual bleeding, an ailment likely triggered by her two-year confinement. Unbeknownst to Pauline, the doctor removed one of her fallopian tubes, barring her ability to give birth to more children. A year later, Pauline came forward following a …
“By Accident Of Birth”: The Battle Over Birthright Citizenship After United States V. Wong Kim Ark, Amanda Frost
“By Accident Of Birth”: The Battle Over Birthright Citizenship After United States V. Wong Kim Ark, Amanda Frost
Articles in Law Reviews & Other Academic Journals
In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting the Wong family's struggle for legal recognition to illuminate the convoluted history of birthright citizenship. Newly discovered archival materials reveal that Wong Kim Ark and his family experienced firsthand, and at times shaped, the fluctuating relationship between immigration, citizenship, and access to …
Examination Of The Effects Of Deportation As A Result Of Revocation Of Status Upon The Rights To Non- Discrimination, Family Unity, And The Best Interests Of The Child: An Empirical Case From Norway, Cecilia M. Bailliet
Human Rights Brief
No abstract provided.
Legal Protections For Environmental Migrants: Expanding Possibilities And Redefining Success, Jayesh Rathod
Legal Protections For Environmental Migrants: Expanding Possibilities And Redefining Success, Jayesh Rathod
Working Papers
This working paper describes international and domestic efforts to enact legal protections for environmental migrants, with attention to Latin America, and examines why efforts to craft a comprehensive international instrument to address this phenomenon have yet to succeed. It details factors contributing to this impasse, including: the lack of an existing framework; the inherent complexity and variability of environmental migration; the trend towards restrictive migration policies; and the lack of a clear institutional leader at the international level. Citing the limits of an exclusive focus on the creation of a new international instrument, the paper also points to the need …
Unfinished Business: How “Split Authority” Over U.S. Asylum Adjudications Highlights The Need To Relocate The Immigration Court System To The Department Of Homeland Security, Kirsten Bickelman
Legislation and Policy Brief
No abstract provided.
Publicly Charged: A Critical Examination Of Immigrant Public Benefit Restrictions, Cori Alonso-Yoder
Publicly Charged: A Critical Examination Of Immigrant Public Benefit Restrictions, Cori Alonso-Yoder
Articles in Law Reviews & Other Academic Journals
Since the early days of the Trump Administration, reports of the President’s controversial and dramatic immigration policies have dominated the news. Yet, despite the intensity of this coverage, an immigration policy with far broader implications for millions of immigrants and their U.S.- citizen family members has dodged the same media glare. By expanding the definition of who constitutes a “public charge” under immigration law, the Administration has begun a process to restrict legal immigration and chill the use of welfare benefits around the country. The doctrine of public charge exclusion developed from colonial times and has reemerged in Trump Administration …
Manufactured Emergencies, Robert Tsai
Manufactured Emergencies, Robert Tsai
Articles in Law Reviews & Other Academic Journals
Emergencies are presumed to be unusual affairs, but the United States has been in one state of emergency or another for the last forty years. That is a problem. The erosion of democratic norms has led to not simply the collapse of the traditional conceptual boundary between ordinary rule and emergency governance, but also the emergence of an even graver problem: the manufactured crisis. In an age characterized by extreme partisanship, institutional gridlock, and technological manipulation of information, it has become exceedingly easy and far more tempting for a President to invoke extraordinary power by ginning up exigencies. To reduce …
Immigration Unilateralism And American Ethnonationalism, Robert Tsai
Immigration Unilateralism And American Ethnonationalism, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This paper arose from an invited symposium on "Democracy in America: The Promise and the Perils," held at Loyola University Chicago School of Law in Spring 2019. The essay places the Trump administration’s immigration and refugee policy in the context of a resurgent ethnonationalist movement in America as well as the constitutional politics of the past. In particular, it argues that Trumpism’s suspicion of foreigners who are Hispanic or Muslim, its move toward indefinite detention and separation of families, and its disdain for so-called “chain migration” are best understood as part of an assault on the political settlement of the …
Legal Education En Español: A Pedagogical Model, Jayesh Rathod
Legal Education En Español: A Pedagogical Model, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
Law schools in the United States are pursuing various strategies to prepare their graduates to compete in a global marketplace for jobs. One such strategy is the development of courses and programs designed to equip law graduates with the knowledge and skills needed to serve as effective bilingual advocates. As part of this effort, in recent years, teachers and scholars have engaged in curricular experimentation and ongoing theorizing about the optimal methods and approaches for bilingual legal education. This essay builds upon existing theoretical work and outlines a unique, bilingual instructional model that involves adding an optional credit hour – …
Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod
Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country’s military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection of the criminalization of migration, and its promotion of efforts to regularize undocumented migrants. Although the law itself is new, the values embedded in the law reflect recent trends in Brazilian immigration policy, which has embraced legalization, and has generally resisted the use of criminal law to punish …
Equity In Contemporary Immigration Enforcement: Defining Contributions And Countering Criminalization, Jayesh Rathod, Alia Al-Khatib
Equity In Contemporary Immigration Enforcement: Defining Contributions And Countering Criminalization, Jayesh Rathod, Alia Al-Khatib
Articles in Law Reviews & Other Academic Journals
Since the 2016 Presidential election, discussions of immigration policy and enforcement have taken center stage in the public debate. In contrast to the Obama administration, which had articulated specific priorities for removal, the Trump administration has significantly expanded its enforcement targets. Indeed, high-level officials have confirmed that virtually anyone who is in the country without authorization is susceptible to removal. To make its case for enhanced immigration enforcement, the current administration has deployed familiar tropes regarding immigrant criminality and dangerousness. This rhetoric, operationalized through varied structures of criminalization, has shrunk the pool of individuals who can argue against removal, notwithstanding …
Building Bridges: Why Expanding Optional Practical Training Is A Valid Exercise Of Agency Authority And How It Helps F-1 Students Transition To H-1b Worker Status, Pia Nitzschke
American University Law Review
No abstract provided.
The Perils And Possibilities Of Refugee Federalism, Burch Elias
The Perils And Possibilities Of Refugee Federalism, Burch Elias
American University Law Review
No abstract provided.
Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Jayesh Rathod, Rachel Nadas
Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Jayesh Rathod, Rachel Nadas
Articles in Law Reviews & Other Academic Journals
Government data consistently affirm that foreign-born workers in the U.S. experience high rates of on-the-job illness and injury. This article explores whether—and under what circumstances—these occupational harms suffered by immigrant workers constitute a dignity taking. The article argues that some injuries suffered by foreign-born workers are indirect takings by the state due to the government’s lackluster oversight and limited penalties for violations of occupational safety and health laws. Using a framework of the body as property, the article then explores when work-related injury constitutes an infringement upon a property right. The article contends that the government’s weak enforcement apparatus, coupled …
Arbitrary Detention? The Immigration Detention Bed Quota, Anita Sinha
Arbitrary Detention? The Immigration Detention Bed Quota, Anita Sinha
Articles in Law Reviews & Other Academic Journals
When President Obama took office in 2009, Congress through appropriations linked the U.S. Department of Homeland Security’s (DHS) funding to “maintaining” 33,400 immigration detention beds a day. This provision, what this Article refers to as the bed quota, remains in effect, except now the mandate is 34,000 beds a day. Since 2009, DHS detentions of non-citizens have gone up by nearly 25 percent. To accommodate for this significant spike over a relatively short period of time, the federal government has relied considerably on private prison corporations to build and operate immigration detention facilities.
This Article takes a comprehensive look at …
Danger And Dignity: Immigrant Day Laborers And Occupational Risk, Jayesh Rathod
Danger And Dignity: Immigrant Day Laborers And Occupational Risk, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
The plight of immigrant workers in the United States has captured significant scholarly attention in recent years. Despite the prevalence of discourses regarding this population, one set of issues has received relatively little attention: immigrant workers’ exposure to unhealthy and unsafe working conditions, and their corresponding susceptibility to workplace injuries and illnesses. Researchers have consistently found that immigrant workers suffer disproportionately from occupational injuries and fatalities, even when controlling for industry and occupation. Why, then, are foreign-born workers at greater risk for workplace injuries and fatalities, when compared with their native-born counterparts? This Article seeks to develop answers to that …
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost
Articles in Law Reviews & Other Academic Journals
Immigration scholars and advocates frequently criticize our immigration system for imposing severe penalties akin to (or worse than) those in the criminal justice system — such as prolonged detention and permanent exile from the United States — without providing sufficient procedural protections to minimize enforcement errors. Yet there has been relatively little scholarship examining the frequency of errors in immigration enforcement and identifying recurring causes of those errors, in part because the data is hard to find. This Article begins by canvassing some of the publicly available data on enforcement errors, which reveal that such mistakes occur too frequently to …
Slavery By Another Name: 'Voluntary' Immigrant Detainee Labor And The Thirteenth Amendment, Anita Sinha
Slavery By Another Name: 'Voluntary' Immigrant Detainee Labor And The Thirteenth Amendment, Anita Sinha
Articles in Law Reviews & Other Academic Journals
During the McCarthy era, Congress passed an obscure law authorizing detained immigrants to work for a payment of one dollar a day. The government justified the provision, which was modeled after the 1949 Geneva Convention’s protections for prisoners of war, in the context of the period’s relative heightened detentions of noncitizens. Soon afterwards, the enactment of the Immigration and Nationality Act of 1952 diminished the use of detention drastically, and the practice of detainee labor lay dormant for decades. Modern changes to immigration law and its systems have rendered immigration detention today the largest mass incarceration movement in U.S. history. …
Crimmigration Creep: Reframing Executive Action On Immigration, Jayesh Rathod
Crimmigration Creep: Reframing Executive Action On Immigration, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In this Essay, I seek to build upon existing scholarship relating to DACA and DAPA, by offering an alternate lens through which to examine the programs. Specifically, I argue that DACA and DAPA, by naming and entrenching the “significant misdemeanor” bar to eligibility, contribute to a concerning expansion of “crimmigration law.” To be sure, neither program exists in codified law; nevertheless, the eligibility bars under DACA and DAPA are poised to wreak doctrinal havoc by upending the way particular criminal conduct is treated in the U.S. immigration system. In some respects, the DACA and DAPA bars are more stringent than …
Problems Faced By Mexican Asylum Seekers In The United States, Anna Cabot
Problems Faced By Mexican Asylum Seekers In The United States, Anna Cabot
Articles in Law Reviews & Other Academic Journals
Violence in Mexico rose sharply in response to President Felipe Calder6n's military campaign against drug cartels which began in late 2006. As a consequence, the number of Mexicans who have sought asylum in the United States has grown significantly. In 2013, Mexicans made up the second largest group of defensive asylum seekers (those in removal proceedings) in the United States, behind only China (EOIR 2014b). Yet between 2008 and 2013, the grant rate for Mexican asylum seekers in immigration court fell from 23 percent to nine percent (EOIR 2013, 2014b). This paper examines-from the perspective of an attorney who represented …
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh Rathod
Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In recent years, labor unions in the United States have embraced the immigrants’ rights movement, cognizant that the very future of organized labor depends on its ability to attract immigrant workers and integrate them into union ranks. At the same time, the immigrants’ rights movement has been lauded for its successful organizing models, often drawing upon the vitality and ingenuity of immigrant-based worker centers, which themselves have emerged as alternatives to traditional labor unions. And while the labor and immigrants’ rights movements have engaged in some fruitful collaborations, their mutual support has failed to radically reshape the trajectory of either …
Lgbti Migrants In Immigration Detention: A Global Perspective, Shana Tabak, Rachel Levitan
Lgbti Migrants In Immigration Detention: A Global Perspective, Shana Tabak, Rachel Levitan
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Distilling Americans: The Legacy Of Prohibition On U.S. Immigration Law, Jayesh Rathod
Distilling Americans: The Legacy Of Prohibition On U.S. Immigration Law, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the exclusion of "persons with chronic alcoholism" seeking to enter the United States. Several decades later, the Immigration and Nationality Act of 1952 specified that any noncitizen who "is or was ... a habitual drunkard" was per se lacking in good moral character, and hence ineligible for naturalization. Although the "chronic …
Draconian Discrimination: One Man's Battle With U.S. Immigration Law For Fairness, Justice, And American Citizenship, Rachel Zoghlin
Draconian Discrimination: One Man's Battle With U.S. Immigration Law For Fairness, Justice, And American Citizenship, Rachel Zoghlin
Articles in Law Reviews & Journals
No abstract provided.
Exit Tracking: Should The Federal Government Track Noncitizens’ Departures From The United States?, Mark Stevens
Exit Tracking: Should The Federal Government Track Noncitizens’ Departures From The United States?, Mark Stevens
American University National Security Law Brief
No abstract provided.