Law Commons^™

A Comparative Perspective On Safe Third And First Country Of Asylum Policies In The United Kingdom And North America: Legal Norms, Principles And Lessons Learned, Susan M. Akram, Elizabeth Ruddick

Faculty Scholarship

Wealthy refugee-receiving countries across the global north have recently been experimenting with systems that they believe will allow them lawfully to remove or turn back asylum-seekers reaching their borders, without considering their claims for international protection. These include the Trump administration's Asylum Cooperation Agreements (ACAs), the United Kingdom's Nationality and Borders Act, and the recent amendments to Denmark's Aliens Act that will allow asylum-seekers to be transferred to third countries for processing. Although these systems have many important differences, they rest on a shared premise that neither the Refugee Convention nor international, regional or domestic human rights laws prohibit such …

The Politics And Ethics Of Immigration In A Commercial Republic, Kiara Palomares

Honors Program Theses and Projects

The quote on the Statue of Liberty reads: “Give me your tired, your poor, Your huddled masses yearning to breathe free, The retched refuse of your teeming shore, Send these, the homeless, tempest-tost to me. I lift my lamp beside the golden door!” These words are central to the mythology of America as a nation of immigrants and, to the extent that this myth is accurate, one would expect that after experiencing multiple waves of immigration the United States (US) would have developed a set of principles guiding how legislators think about and frame immigration policy. This would not be …

Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons

All Faculty Scholarship

Local leaders possess significant and growing authority over refugee resettlement, yet we know little about their attitudes toward refugees. In this article, we use a conjoint experiment to evaluate how the attributes of hypothetical refugee groups influence local policymaker receptivity toward refugee resettlement. We sample from a novel, national panel of current local elected officials, who represent a broad range of urban and rural communities across the United States. We find that many local officials favor refugee resettlement regardless of refugee attributes. However, officials are most receptive to refugees whom they perceive as a strong economic and social fit within …

Leaving The Devil You Know: Crime Victimization, Us Deterrence Policy, And The Emigration Decision In Central America, Jonathan T. Hiskey, Abby Córdova, Mary Fran Malone, Diana M. Orcés

Political Science Faculty Publications

Following a sharp increase in the number of border arrivals from the violence-torn countries of Guatemala, El Salvador, and Honduras in the spring and summer of 2014, the United States quickly implemented a strategy designed to prevent such surges by enhancing its detention and deportation efforts. In this article, we examine the emigration decision for citizens living in the high-crime contexts of northern Central America. First, through analysis of survey data across Guatemala, El Salvador, and Honduras, we explore the role crime victimization plays in leading residents of these countries to consider emigration. Next, using survey data collected across twelve …

Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs

Law School Blogs

No abstract provided.

Immigrants Benefit The Community And Economy, Jenny Minier

Center for Equality and Social Justice Position Papers

Immigration has historically been a defining characteristic of the United States, and it remains one of the country’s most significant economic advantages. Deferred Action for Childhood Arrivals (DACA) was implemented by President Obama to grant temporary legal status to undocumented immigrants who were brought to the U.S. as children, as long as they are enrolled in school or working. Given President Trump’s recent comments about ending the DACA program, Congress must work on a policy solution that will allow the nearly 800,000 “Dreamers” currently enrolled in DACA to remain legally in the U.S. There are both moral and economic reasons …

Note To Trump: Know What You Call Muslims Who Reject Radical Islam? Refugees, Angela M. Banks, Nathan B. Oman

Popular Media

No abstract provided.

Donald Trump Doubles Down On Deportation Plan, Lauren Carasik

Media Presence

No abstract provided.

Newsroom: Vox: Mancheno '13 On Orlando 6-23-2016, Luis F. Mancheno, Vox, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Us Leaders Cave To Popular Fear On Syrian Refugees, Lauren Carasik

Media Presence

No abstract provided.

Obama Fights To Continue Detention Of Migrant Families, Lauren Carasik

Media Presence

No abstract provided.

26 States Sue Obama Over Immigration Plan, Lauren Carasik

Media Presence

No abstract provided.

The American "Deportation Mill", Lauren Carasik

Media Presence

No abstract provided.

Us Should Not Gut Legal Protections For Immigrant Children, Lauren Carasik

Media Presence

No abstract provided.

Minors Crossing Us Southern Border Need Protection, Lauren Carasik

Media Presence

No abstract provided.

The Normative & Historical Cases For Proportional Deportation, Angela M. Banks

Faculty Publications

Is citizenship status a legitimate basis for allocating rights in the United States?

In immigration law the right to remain in the United States is significantly tied to citizenship status. Citizens have an absolutely secure right to remain in the United States regardless of their actions. Noncitizens’ right to remain is less secure because they can be deported if convicted of specific criminal offenses. This Article contends that citizenship is not a legitimate basis for allocating the right to remain. This Article offers normative and historical arguments for a right to remain for noncitizens. This right should be granted to …

Immigrant Workers, Human Capital Investment And The Shape Of Immigration Reform, Audrey Singer

Brookings Scholar Lecture Series

President Obama's speech in Las Vegas last month kicked off Congressional debates on immigration policy. While border security and illegal immigration are still high profile and thorny issues, slow economic growth following the Great Recession has helped to shift the focus to how the United States can change policy to better suit economic needs. Where do immigrants fit into the labor force, how can they fit better, and what is the likely shape of future policy changes?

Stateless In The United States: Current Reality And A Future Prediction, Polly J. Price

Faculty Articles

Statelessness exists in the United States-a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality and the failure of their countries of origin to recognize them as citizens. Migrants with unclear nationality, already a problem for the United States, obstruct efforts to control immigration by the deportation of unauthorized aliens. These existing problems of national identity will increase exponentially if birthright citizenship in the United States is amended to exclude …

Reverse-Commandeering, Margaret Hu

Faculty Scholarship

Although the anti-commandeering doctrine was developed by the Supreme Court to protect state sovereignty from federal overreach, nothing prohibits flipping the doctrine in the opposite direction to protect federal sovereignty from state overreach. Federalism preserves a balance of power between two sovereigns. Thus, the reversibility of the anti-commandeering doctrine appears inherent in the reasoning offered by the Court for the doctrine’s creation and application. In this Article, I contend that reversing the anti-commandeering doctrine is appropriate in the context of contemporary immigration federalism laws. Specifically, I explore how an unconstitutional incursion into federal sovereignty can be seen in state immigration …

Targeting Demand: A New Approach To Curbing Human Trafficking In The United States, Morgan Brown

Law Student Publications

Part I of this paper will provide a general framework for understanding human trafficking in the United States by laying out basic statistics relevant to human trafficking, describing the basic economic model under which the business of human trafficking should be understood, and discussing the major legislative approaches the United States has taken to curtail the increase in human trafficking in the country in the past ten years. Part II will then analyze the shortcomings of this approach and the successes of unique efforts to combat trafficking in Sweden. Part III recommends an approach the United States should take moving …

Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon

Political Science Honors Projects

In the last twenty years the U.S. government has increasingly utilized detention to control illegal immigration. This practice has become controversial because it has caused numerous in-custody abuses and deaths of immigrants, asylum seekers, refugees and even citizens. Immigrant rights advocates have called for the passage of binding detention standards to prevent in-custody abuses. This thesis’s policy analysis reveals, however, that while they may finesse the practice of immigration detention, such binding standards would be ineffective in protecting immigrants’ rights. Instead this policy analysis calls for and explains the feasibility of discontinuing the practice of mass immigrant detention.

Sovereignty, Deference, And Deportation: Allocating And Enforcing Immigrants' Rights In The United States And Europe, Angela M. Banks

Faculty Publications

No abstract provided.

Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman

Scholarly Works

No abstract provided.

In The Twelve Years Of Nafta, The Treaty Gave To Me ... What, Exactly?: An Assessment Of Economic, Social, And Political Developments In Mexico Since 1994 And Their Impact On Mexican Immigration Into The United States, Ranko Shiraki Oliver

Faculty Scholarship

No abstract provided.

Immigration And Constitutional Consequences Of Post-9/11 Policies Involving Arabs And Muslims In The United States: Is Alienage A Distinction Without A Difference?, Susan M. Akram, Maritza Karmely

Faculty Scholarship

There has been much public and academic discussion on post-9/11 government policies and whether their impact on Arabs and Muslims in the United States is unconstitutional “racial profiling” or legitimate immigration control based on constitutionally permissible nationality distinctions. The main assumption underlying this debate is that the focus of the government's policies in the “war on terror” is noncitizens, even if principally Arabs and Muslims. Thus, the racial profiling issues center on the differences between the constitutional due process analysis applied to noncitizens and that applied to citizens. This Article challenges the above argument and a number of its underlying …

Dispute Over The United States’ Denial Of A Visa To Yasir Arafat, Sadiq Reza

Faculty Scholarship

On November 26, 1988, the United States denied a visa to Yasir Arafat, Chairman of the Executive Committee of the Palestine Liberation Organization (PLO), when he sought to enter the United States to attend the forty-third session of the United Nations (UN) in New York. The denial rekindled a forty-year-old dispute between the United States and the UN over the extent to which the United States may, under the terms of the Agreement Between the United Nations and the United States of America Regarding the Headquarters of the United Nations (Headquarters Agreement), restrict entry to persons seeking to enter the …