Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Immigration (6)
- Asylum (4)
- Immigration Law (4)
- Citizenship (3)
- Constitutional Law (3)
-
- Deportation (3)
- Aliens (2)
- Criminal Law (2)
- Due process (2)
- Refugee (2)
- Stateless (2)
- UNHCR (2)
- Administrative Law (1)
- Alien (1)
- Authors (1)
- Biometrics (1)
- Caribbean (1)
- Central America (1)
- Charming Betsy (1)
- China (1)
- Chinese (1)
- Civil Procedure (1)
- Civil Rights; Immigration Law; Labor & Employment Law (1)
- Constitutional Law; Immigration Law; Education Law (1)
- Constitutional Law; Immigration Law; Family Law (1)
- Convergence theory (1)
- Counterterrorism (1)
- Criminal Investigation (1)
- Criminal Procedure (1)
- Criminal law (1)
- Publication Year
Articles 1 - 28 of 28
Full-Text Articles in Law
Speculative Immigration Policy, Matthew Boaz
Speculative Immigration Policy, Matthew Boaz
Scholarly Articles
This Article considers how speculative fiction was wielded by the Trump administration to implement destructive U.S. immigration policy. It analyzes the thematic elements from a particular apocalyptic novel, traces those themes through actual policy implemented by the president, and considers the harm effected by such policies. This Article proposes that the harmful outcomes are not due to the use of speculative fiction, but rather the failure to consider the speculative voices of those who have been historically marginalized within the United States. This Article argues that alternative speculative visions could serve as a platform for radical imagination about future U.S. …
Refugees Under Duress: International Law And The Serious Nonpolitical Crime Bar, David Baluarte
Refugees Under Duress: International Law And The Serious Nonpolitical Crime Bar, David Baluarte
Scholarly Articles
Congress intended that the serious nonpolitical crime bar under United States asylum law have the same meaning and scope as the 1F(b) Refugee Convention exclusion clause. The Supreme Court has repeatedly held that it was the intent of Congress to not only replicate the language of the provisions of the Refugee Convention in United States law, but to incorporate the full extent of the meaning of such language and bring the United States into compliance with its treaty obligations. Accordingly, when Congress reproduced exactly the language of the Article 1F(b) exclusion clause in the INA, it intended for that provision …
A New Narrative Of Statelessness, David Baluarte
A New Narrative Of Statelessness, David Baluarte
Scholarly Articles
Statelessness: A Modern History by Dr. Mira Siegelberg offers a meticulous reconstruction of the varied contributions of artists, scholars, and policy makers to the understanding of statelessness in the years between the First and Second World Wars. Siegelberg situates statelessness in some of the most prominent debates about international law and relations in modern history, most notably whether the individual is an appropriate subject of international law and whether a political order beyond the confines of the nation-state is desirable.
Practical Abolition: Universal Representation As An Alternative To Immigration Detention, Matthew Boaz
Practical Abolition: Universal Representation As An Alternative To Immigration Detention, Matthew Boaz
Scholarly Articles
A federally funded universal representation program can serve as a practical first step toward the abolition of immigration detention and the other harsh enforcement mechanisms that are utilized today. While abolition is typically an ideology espoused by a small subsection of the general population, its purpose can be achieved through a less partisan and broader reaching ideal -- fiscal efficiency and responsibility. By demonstrating that the provision of counsel and other wrap around services is significantly less costly than immigration detention, while also showing that providing counsel and wrap around services is an extremely effective way to ensure compliance, this …
Protecting Stateless Refugees In The United States, David Baluarte
Protecting Stateless Refugees In The United States, David Baluarte
Scholarly Articles
This article proposes a more complete and nuanced consideration of statelessness in asylum adjudication procedures in the United States and the possibility of reopening previously denied asylum claims for this purpose. The article proceeds in four parts, beginning with a discussion of statelessness in the United States. Next, the article describes the international protection frameworks for both refugees and stateless persons and identifies important points of intersection between these frameworks. Then the article argues that discriminatory denationalization that renders a person stateless triggers refugee protection, thereby making victims of such deprivation eligible for asylum in the United States. The article …
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
Scholarly Articles
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 Right To Migrate: A Human Rights Response To Immigration Restrictionism In Argentina, David C. Baluarte
The Right To Migrate: A Human Rights Response To Immigration Restrictionism In Argentina, David C. Baluarte
Scholarly Articles
Within days of President Donald Trump’s 2017 Executive Orders on border security and immigration enforcement, President Mauricio Macri of Argentina issued a Decree to address what he declared was an urgent problem of immigrant criminality. The timing of the two Presidents’ actions triggered concerns that U.S.-style restrictionist immigration regulation was spreading to South America, a continent that has taken progressive steps towards recognizing the human rights of migrants in recent years. Until Macri’s 2017 Decree, Argentina was considered a leader in this regard, with its 2004 immigration law that boldly codified a “right to migrate” and included robust substantive and …
The Arrival Of "Statelessness Studies"?, David C. Baluarte
The Arrival Of "Statelessness Studies"?, David C. Baluarte
Scholarly Articles
In this symposium contribution, the author provides a view that the study of statelessness has emerged as a multi-disciplinary field and urge that we institutionalize it as such. Statelessness is fundamentally a legal concept. The definition of ‘stateless person’ specifically refers to the operation of law, and the protections envisioned by both the 1954 and 1961 Conventions afforded to stateless persons are legal in nature. At the same time, formal legal reasoning has proven inadequate to fully understand statelessness and protect stateless persons. Moreover, factual statelessness enjoys few legal protections, but is essential to a more robust understanding of nationality …
Crimmigration-Counterterrorism, Margaret Hu
Crimmigration-Counterterrorism, Margaret Hu
Scholarly Articles
The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically driven screening technologies can be better understood through the analytical prism of “crimmigration-counterterrorism”: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced back to multiple migration law developments, including the Chinese Exclusion Act of 1882. To implement stricter immigration controls at the border and interior, both the federal and state governments developed immigration enforcement schemes that depended upon both biometric identification documents and immigration screening protocols. This Article uses contemporary attempts to implement an expanded regime of “extreme vetting” …
The Shibboleth Of Discretion: The Discretion, Identity, And Persecution Paradigm In American And Australian Lgbt Asylum Claims, Heather Kolinsky
The Shibboleth Of Discretion: The Discretion, Identity, And Persecution Paradigm In American And Australian Lgbt Asylum Claims, Heather Kolinsky
Scholarly Articles
While the High Court in Australia has made it clear that discretion is not to be considered when determining if an applicant may avoid persecution upon returning home, there are concerns that discretion persists in the decision-making process with respect to discrediting identity claims. In addition, the Supreme Court of the United Kingdom handed down a retooled formulation of discretion, which once again created subcategories of applicants and suggested discretion is an appropriate consideration so long as it is not exercised out of a fear of persecution. This discussion will focus on a comparison of the evolution of LGBT asylum …
Life After Limbo: Stateless Persons In The United States And The Role Of International Protection In Achieving A Legal Solution, David C. Baluarte
Life After Limbo: Stateless Persons In The United States And The Role Of International Protection In Achieving A Legal Solution, David C. Baluarte
Scholarly Articles
Stateless persons are not recognized as citizens by any country, and as such, their enjoyment of fundamental human rights depends on the good faith of host countries, and their basic human security and dignity are often subject to the whims of immigration authorities. Despite this intense level of vulnerability, U.S. immigration law does not explicitly recognize statelessness, nor does it provide for humanitarian protection to relieve stateless persons of their suffering. Rather, stateless persons are treated like any other unauthorized migrants in the United States; when they are ordered removed, they are mandatorily detained while immigration officials undertake efforts to …
A Fine Line, Redefined: Moving Toward More Equitable Asylum Policies, Heather M. Kolinsky
A Fine Line, Redefined: Moving Toward More Equitable Asylum Policies, Heather M. Kolinsky
Scholarly Articles
This article is an exploration of the inequities that still remain in asylum claims, with particular reference to the experience of Chinese citizens seeking asylum and Cuban refugees.
How Much Do Western Democracies Value Famiily And Marriage? : Immigration Law's Conflicted Answers, Nora V. Demleitner
How Much Do Western Democracies Value Famiily And Marriage? : Immigration Law's Conflicted Answers, Nora V. Demleitner
Scholarly Articles
None available.
"Collateral Damage": No Re-Entry For Drug Offenders, Nora V. Demleitner
"Collateral Damage": No Re-Entry For Drug Offenders, Nora V. Demleitner
Scholarly Articles
None available.
Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner
Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner
Scholarly Articles
None available.
Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner
Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner
Scholarly Articles
None available.
The Fallacy Of Social "Citizenship" Or The Threat Of Exclusion, Nora V. Demleitner
The Fallacy Of Social "Citizenship" Or The Threat Of Exclusion, Nora V. Demleitner
Scholarly Articles
None available.
Immigration And Naturalization Service V. Chadha, Lewis F. Powell Jr.
Immigration And Naturalization Service V. Chadha, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Toll V. Moreno, Lewis F. Powell Jr.
Plyler V. Doe, Lewis F. Powell Jr.
Alfred Snapp & Son, Inc. V. Puerto Rico, Lewis F. Powell Jr.
Alfred Snapp & Son, Inc. V. Puerto Rico, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.
Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Fiallo V. Bell, Lewis F. Powell Jr.
Citizenship Ceremony, Monticello, Charlottesville, Virginia, Lewis F. Powell Jr.
Citizenship Ceremony, Monticello, Charlottesville, Virginia, Lewis F. Powell Jr.
Powell Speeches
No abstract provided.
City Of New Orleans V. Dukes, Lewis F. Powell Jr.
City Of New Orleans V. Dukes, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Espinoza V. Farah Mfg. Co., Inc., Lewis F. Powell Jr.
Espinoza V. Farah Mfg. Co., Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Sugarman V. Dougall, Lewis F. Powell Jr.
Sugarman V. Dougall, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Almeida-Sanchez V. United States, Lewis F. Powell Jr.
Almeida-Sanchez V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.