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Full-Text Articles in Law
Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust
Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust
University of Miami Inter-American Law Review
This note explores the complex relationship between climate change and Human migration, and the ensuing complications for the United States immigration scheme. Climate change can both directly and indirectly contribute to human migration, yet the United States’ regulatory scheme is unprepared for this reality and its consequences. Through analyzing several separate migratory events in Haiti, the specific failures of the United States status quo immigration systems become clearer. Further, the note will identify frameworks that could offer relief to climate-related migrants.
Internally Displaced Persons: Ordeals And Analyses Of The Possible Regimes Of Legal Protection Frameworks, Olawale Ogunmodimu
Internally Displaced Persons: Ordeals And Analyses Of The Possible Regimes Of Legal Protection Frameworks, Olawale Ogunmodimu
St. Mary's Law Journal
This present global community is complicated because of anxiety and uncertainty. It is thoroughly interconnected yet intricately partitioned. Pivotally, one could argue that the centrality to this global anxiety is identity and belonging. People want to identify with and belong to a political system, territory, and culture. It seems that there is a present world that mirrors the political emergence of the interwar period that had nationalism on the rise. There is hostility to non-citizens globally, whether as refugees, internally displaced peoples (IDPs), or immigrants seeking to join new political communities. This Article explains the difficulties that ensue from being …
Zero Sympathy: Unaccompanied Minors' Rights In The Us Immigration System, Mahrukh Ali
Zero Sympathy: Unaccompanied Minors' Rights In The Us Immigration System, Mahrukh Ali
Indiana Journal of Global Legal Studies
This note analyzes the US Government's approach to unaccompanied minors and the webs they must navigate when they are apprehended by the US immigration system. More importantly, this note calls for reformative approaches to children's rights through acknowledging the differences between adults and children while simultaneously taking their vulnerability and autonomy into account. After explaining the migrant crisis along with its implications and examining the underlying reasons fostering this movement, this note discusses the legal options available for unaccompanied minors. It draws on the shortcomings of the immigration system as the system labels unaccompanied minors as dependent children, but also …
Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte
Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte
William & Mary Journal of Race, Gender, and Social Justice
The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties in the United States, but Congress has placed draconian limits on the discretion of immigration courts to cancel removal where noncitizens have committed certain crimes. The recently issued U.S. Supreme Court decision in Barton v. Barr illustrates the troubling trend of affording less discretion for immigration courts to balance family life in removal decisions that involve underlying criminal conduct. At issue was the “stop-time rule” …
The Authority Of International Refugee Law, Evan J. Criddle, Evan Fox-Decent
The Authority Of International Refugee Law, Evan J. Criddle, Evan Fox-Decent
William & Mary Law Review
As COVID-19 has spread around the world, many states have suspended their compliance with a core requirement of international refugee law: the duty to refrain from returning refugees to territories where they face a serious risk of persecution (the duty of non-refoulement). These measures have prompted some observers to question whether non-refoulement will survive the pandemic as a nonderogable legal duty. This Article explains why the international community should embrace non-refoulement as a peremptory norm of general international law (jus cogens) that applies even during public emergencies, such as the coronavirus pandemic. Viewed from a global justice perspective, the …
Duress In Immigration Law, Elizabeth A. Keyes
Duress In Immigration Law, Elizabeth A. Keyes
Seattle University Law Review
The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …
A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou
Claremont-UC Undergraduate Research Conference on the European Union
In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for …
Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky
Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky
William & Mary Bill of Rights Journal
No abstract provided.
Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch
Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch
NYLS Law Review
No abstract provided.
International Law & Ethnic Conflict, By David Wippman, Satvinder S. Juss
International Law & Ethnic Conflict, By David Wippman, Satvinder S. Juss
Indiana Journal of Global Legal Studies
No abstract provided.
Out Of Many, One?, Kenneth L. Karst
Out Of Many, One?, Kenneth L. Karst
Indiana Journal of Global Legal Studies
No abstract provided.
A Beginner's Guide To Business-Related Aspects Of United States Immigration Law, Paul T. Wangerin
A Beginner's Guide To Business-Related Aspects Of United States Immigration Law, Paul T. Wangerin
Northwestern Journal of International Law & Business
Recent media references to various aspects of United States immigration law - important legislative changes recently suggested by introduction of the Simpson-Mazzoli "Immigration Reform and Control Act"; the crisis involving refugees arriving in the United States from Cuba, Haiti, and Southeast Asia; massive investments in domestic companies by citizens or residents of Middle Eastern oil-producing countries; potential reaction by European business people to President Reagan's changing stance regarding investments in the Soviet Union; the economic policies of France's socialist government; and the United States' deteriorating relation wtih certain Central and South American countries - have drawn renew attention to the …