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Full-Text Articles in Law
Batterers As Agents Of The State: Challenging The Public/Private Distinction In Intimate Partner Violence-Based Asylum Claims, Marisa S. Cianciarulo
Batterers As Agents Of The State: Challenging The Public/Private Distinction In Intimate Partner Violence-Based Asylum Claims, Marisa S. Cianciarulo
Marisa S. Cianciarulo
Intimate partner violence has been recognized by asylum-providing countries as a form of persecution. Nevertheless, it has often been difficult for battered women to establish their eligibility for asylum. Frustratingly, it is often the public/private distinction that is the culprit in the failure of survivors of intimate partner violence to prove their asylum claims. Adjudicators of asylum claims often view intimate partner violence as a private matter: a husband harming his wife on account of personal reasons. This scenario stands in stark contrast to the more traditional asylum claim: an agent of the state harming a citizen on account of …
Counterproductive And Counterintuitive Counterterrorism: The Post-September 11 Treatment Of Refugees And Asylum Seekers, Marisa Cianciarulo
Counterproductive And Counterintuitive Counterterrorism: The Post-September 11 Treatment Of Refugees And Asylum Seekers, Marisa Cianciarulo
Marisa S. Cianciarulo
This Article critiques U.S. counterterrorism measures that directly target refugees and asylum-seekers. The United States currently offers protection to individuals and families fleeing persecution through two programs: the overseas refugee resettlement program (available to refugees residing outside the United States) and the asylum system (available to those who apply for refugee protection on U.S. soil). Almost immediately after the September 11 terrorist attacks, the United States implemented a refugee resettlement moratorium that resulted in lengthy delays and the failure to resettle thousands of refugees previously cleared to enter the United States. Several years later, on May 11, 2005, Congress passed …
Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa Cianciarulo
Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa Cianciarulo
Marisa S. Cianciarulo
The Real ID Act, passed on May 11, 2005, is the first post-September 11 antiterrorism legislation specifically to target a group of vulnerable individuals to whom the United States has historically granted protection: asylum seekers. The passage of the Real ID Act led asylum advocates to wring their hands in despair and immigration restrictionists to clap their hands in glee. This Article argues that both sides of the debate may have been justified in their reactions, but not because of the immediate chilling impact on asylum that they seem to expect. With regard to requirements for establishing asylum eligibility, the …