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Full-Text Articles in Law
Asylum Under Attack: Restoring Asylum Protections In The United States, Lindsay M. Harris
Asylum Under Attack: Restoring Asylum Protections In The United States, Lindsay M. Harris
Journal Articles
The U.S. asylum system has endured four years of systematic attack. The Trump Administration attempted to dismantle the United States’ system to protect asylum seekers through changes to case law, executive orders, presidential proclamations, internal agency guidance and sweeping regulatory changes, among other measures. The system largely ground to a halt after the Trump Administration co-opted the coronavirus public health crisis to effectively close the southern border to asylum seekers with its March 2020 Centers for Disease Control order. This catastrophic order was not even the last in a long line of the Trump Administration’s efforts since assuming power to …
Asylum Attorney Burnout (Model Survey And Additional Survey Responses), Lindsay M. Harris, Hillary A. Mellinger
Asylum Attorney Burnout (Model Survey And Additional Survey Responses), Lindsay M. Harris, Hillary A. Mellinger
Journal Articles
No abstract provided.
Asylum Attorney Burnout And Secondary Trauma, Lindsay M. Harris, Hillary Mellinger
Asylum Attorney Burnout And Secondary Trauma, Lindsay M. Harris, Hillary Mellinger
Journal Articles
We are in the midst of a crisis of mental health for attorneys across all practice areas. Illustrating this broader phenomenon, this interdisciplinary Article shares the results of the 2020 National Asylum Attorney Burnout and Secondary Traumatic Stress Survey (“Survey”). Using well-established tools, such as the Copenhagen Burnout Inventory and the Secondary Stress Trauma Survey, the Survey assessed the well-being of over 700 immigration attorneys navigating the tumultuous asylum space. As the largest such study of United States attorneys to date, it is particularly timely. Between 2017 and 2021, the Trump administration’s extreme policies, sweeping regulatory changes, and Attorney General …
Withholding Protection, Lindsay M. Harris
Withholding Protection, Lindsay M. Harris
Journal Articles
In June 2018, President Trump wrote a pair of tweets en route to his golf course, calling for “no Judges or Court Cases” at our border and swift deportation of immigrants, essentially without due process. While immigrant advocates were quick to explain the myriad constitutional problems with this proposal, elements of Trump’s dream are already a reality. This Article reveals how a single Customs and Border Protection officer can short-circuit the checks and balances prescribed by U.S. and international law to protect refugees from being returned to harm, and cast a long shadow over a future, meritorious asylum claim. In …
Learning In "Baby Jail": Lessons From Law Student Engagement In Family Detention Centers, Lindsay M. Harris
Learning In "Baby Jail": Lessons From Law Student Engagement In Family Detention Centers, Lindsay M. Harris
Journal Articles
Between 2014 and 2017, more than 40 law schools and likely well over 1000 law students engaged in learning within immigration family detention centers. The Trump Administration’s “zero tolerance” policy and implementation of wide-scale family separation in 2018 led to increased involvement by professors and students in the constantly shifting landscape of immigration detention. As the detention of immigrant families becomes increasingly entrenched, this article hits the pause button and assesses the benefits and challenges of the various approaches to, and proposes some principles for, law student engagement in this crisis lawyering in immigration detention centers, for families, and beyond.
The One-Year Bar To Asylum In The Age Of The Immigration Court Backlog, Lindsay M. Harris
The One-Year Bar To Asylum In The Age Of The Immigration Court Backlog, Lindsay M. Harris
Journal Articles
Imagine being forced to flee your home, separated from your children, and undergoing the perilous journey to seek safety and protection in the United States. Upon arrival, you are immediately detained and questioned about your intentions. You explain that you fear for your life and seek asylum protection. You may even undergo a detailed interview with an asylum officer, who finds that you have a significant possibility of establishing asylum eligibility. You are released from detention to pursue your asylum claim in immigration court. You diligently attend check-ins with an Immigration and Customs Enforcement officer for the next two years …
Matter Of S-E-G-: The Final Nail In The Coffin For Gang-Related Asylum Claims?, Lindsay M. Harris, Morgan M. Weibel
Matter Of S-E-G-: The Final Nail In The Coffin For Gang-Related Asylum Claims?, Lindsay M. Harris, Morgan M. Weibel
Journal Articles
In July 2008, the Board of Immigration Appeals (BIA)1 affirmed an Immigration Judge’s (“IJ”) denial of asylum to three young Salvadoran siblings fleeing gang violence and threats. This decision affects the likelihood that other youth and their family members fleeing gang violence will gain protection in the United States. The reach of the BIA decision in Matter of S-E-G-2 stretches far beyond the facts of the actual case or gang cases in general and may shape the future of asylum based on membership in a particular social group. The BIA published Matter of S-E-G- as one of only 36 precedent …