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Articles 1 - 10 of 10
Full-Text Articles in Law
If Not Now, When? Finding Jurisdiction To Review Immigration Enforcement Action In The Trump Era, Elizabeth L. Jackson
If Not Now, When? Finding Jurisdiction To Review Immigration Enforcement Action In The Trump Era, Elizabeth L. Jackson
Et Cetera
The Trump Presidency left an indelible mark on the U.S. immigration system. From extreme enforcement practices to unconstitutional policies, the vast power of the executive branch and the underutilized strength of the judicial branch was thrust into a harsh light. The failure of lower courts to adequately understand and apply the narrow construction of jurisdiction-limiting statutes created unjust and absurd results on a number of issues, from the targeting of immigration activists for enforcement actions to the so-called Migrant Protection Protocols. The consistent application of Supreme Court precedent allowing for Federal jurisdiction in this area remains absolutely necessary to right …
Assessing The Velocity, Scale, Volume, Intensity And “Creedal Congruence” Of Immigrants In Setting A Nation’S Admissions Policy, David Barnhizer
Assessing The Velocity, Scale, Volume, Intensity And “Creedal Congruence” Of Immigrants In Setting A Nation’S Admissions Policy, David Barnhizer
David Barnhizer
Table of Contents Death of the “Melting Pot” The Rejection of Assimilation and the Rise of “Identity Sects” Western Europe and the US Face Significant Challenges to Their Creeds and Cultures The Radicalizing Search for Identity and Meaning The Velocity, Scale and Difference of Migrant Entry Into Dissimilar Cultures Assimilation Is Not Easy Under the Best of Circumstances ISIS, al-Qaeda and The Old Man of the Mountain What Are the Creedal Values For Which Western Nations Should Expect Commitment from Immigrants and Citizens? “Warning! Do Not Approach!” Beyond Non-Assimilation to Cultural Transformation The Right to Preserve a “Cultural Ecosystem” The …
Australia’S Boatpeople Policy: Regional Cooperation Or Passing The Buck?, Christopher C. White
Australia’S Boatpeople Policy: Regional Cooperation Or Passing The Buck?, Christopher C. White
Cultural Encounters, Conflicts, and Resolutions
The Australian government implemented a new policy in July 2013 in an attempt to more effectively address the recent spike in irregular migrants trying to reach its shores. In this paper, I examine the panic over migration in Australia concerning asylum seekers arriving by boat. The discussion is divided into two main themes. First, I look at how the Australian government is attempting to manage irregular immigration with a specific focus on the regional arrangement with Papua New Guinea. I argue that instead of mutually beneficial efforts at regional cooperation, the Australian government is merely shifting its responsibilities to a …
Immigrants, Roma And Sinti Unveil The “National” In Italian Identity, Francesco Melfi
Immigrants, Roma And Sinti Unveil The “National” In Italian Identity, Francesco Melfi
Cultural Encounters, Conflicts, and Resolutions
This essay picks up a few threads in the ongoing debate on national identity in Italy. Immigration and the intertwining of cultures locally have stretched the contours of the nation state to a breaking point. As a result, the social self has become a sharply contested terrain between those who want to install a symbolic electronic fence around an imagined fatherland and those who want a more inclusive nation at home in a global world. After discussing the views of Amin Maalouf (2000), Alessandro Dal Lago (2009), Abdelmalek Sayad (1999) and Patrick Manning (2005) on national identity and migration in …
More Than A Tribesman: The New African Diasporan Identity, Stephen M. Magu
More Than A Tribesman: The New African Diasporan Identity, Stephen M. Magu
Cultural Encounters, Conflicts, and Resolutions
Current global levels of immigration stand at about 300 million persons; of these, IFAD estimates that 30 million Africans are in the Diaspora. The contributions of diasporic Africans to their communities and to the cultural experiences of the United States are multimodal. To their domiciles, they contribute economically, empowering their families to become more active and less dependent on the state, while transmitting ideas about democracy and better government. At the same time, they contribute to their adopted homelands through social and cultural activities, cultural festivals and other indicators of cultural connectedness to their motherlands. The African diaspora of necessity …
Persecution Of Particular Social Groups And The Much Bigger Immigration Picture, R. George Wright
Persecution Of Particular Social Groups And The Much Bigger Immigration Picture, R. George Wright
Cleveland State Law Review
Often, aliens seek what is called discretionary asylum, which requires that they show “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” While virtually every word of this requirement is of doubtful meaning and scope, the focus of this Article will be on the idea of persecution based specifically on “membership” in a particular group. Defining, for practical purposes, the idea of a “particular social group” has proven to be remarkably difficult, as is evidenced by widespread official illogic and dubious public policy.
Assimilation Anxiety: Islamic Migration As A Perceived Threat To Western Cultures, David Barnhizer
Assimilation Anxiety: Islamic Migration As A Perceived Threat To Western Cultures, David Barnhizer
David Barnhizer
In this cynical age it is common to smirk at claims about what is sometimes called American Exceptionalism, a term standing for the conclusion that America is an historically distinct (and better) system. To some degree it does represent cultural arrogance founded on assumption rather than fact. It also ignores “exceptionally” dark chapters in American history, including slavery, seizing of lands from Native Americans and imprisoning of US citizens of Japanese descent. Nonetheless it seems that given the diversity of the population and the sheer enormity of the nation that, as stated by an Asian Indian friend who is a …
Another Limit On Federal Court Jurisdiction - Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family
Another Limit On Federal Court Jurisdiction - Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family
Cleveland State Law Review
By analyzing both the text of 8 U.S.C. § 1252(f)(1) and relevant Supreme Court precedent, this article attempts to decipher the meaning of § 1252(f)(1). If a federal court were to interpret § 1252(f)(1) to be a broad bar against class-wide injunctive relief, such an interpretation would raise constitutional concerns, as the Supreme Court has ruled that individual actions based on the administrative record of a single hearing are an ineffective means to challenge an immigration pattern or practice of the federal government. The analysis in this article leads to the conclusion that the text of § 1252(f)(1) does not, …
Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee
Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee
Cleveland State Law Review
Most articles and books that have been written on immigration policy start from a utilitarian position. They discuss issues such as whether immigration, on balance, is more harmful than beneficial, and whether allowing immigrants into the country results in job losses, increases in welfare costs, aids in economic growth, and so forth. This article is distinctly different in focus. Although utilitarian themes are discussed, this article places the main emphasis on the relationship between property rights and immigration policy.
Fourth Amendment Right Or Fourth Amendment Wrong: Ins Power After The Immigration Reform And Control Act Of 1986, Steven L. Miller
Fourth Amendment Right Or Fourth Amendment Wrong: Ins Power After The Immigration Reform And Control Act Of 1986, Steven L. Miller
Cleveland State Law Review
This Note examines the legal system's scrutiny of the fourth amendment implications of INS workplace sweeps and suggests that the recent adoption of the IRCA (Immigration Reform and Control Act) and its criminal sanctions dictate the development of a higher standard for upholding the constitutionality of workplace raids. Consideration is first given to the type of INS activity which is under scrutiny in the course of a workplace sweep. Next, Part III will examine the development of case law pertaining to the current power of the INS to constitutionally conduct workplace sweeps under the fourth amendment. Part IV will then …