Law Commons^™

Discourse Or Merely Noise? Regarding The Disagreement On Undocumented Migrants, Markus Gunneflo, Niklas Selberg

Niklas Selberg

Nonimmigrants, Equal Protection, And The Supremacy Clause, Justin Hess

BYU Law Review

No abstract provided.

In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield

Alan E Garfield

No abstract provided.

Playing Politics With Refugees, Sean Rehaag, Audrey Macklin

Editorials and Commentaries

No abstract provided.

The 2007 Rejection Of Anonymous Language Analysis By The Swedish Migration Court Of Appeal: A Precedent?, Gregor Noll

Gregor Noll

No abstract provided.

Advising Noncitizen Defendants On The Immigration Consequences Of Criminal Convictions: The Ethical Answer For The Criminal Defense Lawyer, The Court, And The Sixth Amendment, Yolanda Vazquez

All Faculty Scholarship

This Article discusses the tension between the Sixth Amendment analysis by courts on the issue of immigration consequences of criminal convictions and the moral and ethical duties that an attorney owes his noncitizen client. Under the majority of jurisdictions, federal circuit and state courts hold that there is no duty to advise on this issue because they are deemed to be “collateral”. However, a growing number of these jurisdictions have begun to find a Sixth Amendment violation for failure to advise. These jurisdictions have created a Sixth Amendment duty only when: 1) the attorney “knew or should have known” the …

Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García

Bruno L. Costantini García

De origen, difundir los diversos esquemas permitidos por la Ley para posibilitar la realización de proyectos con fines inmobiliarios, a efecto de que los núcleos agrarios y sus integrantes se beneficien equitativamente de la urbanización de sus tierras, coadyuvando con ello al desarrollo urbano planificado y ordenado de los centros de población del Estado de Puebla; como consecuencia, impulsar el desarrollo habitacional equilibrado de éste. Eliminar el circulo.- “necesidad de tierra – asentamiento irregular – solución de conflicto”, mediante la planeación socioeconómico de los núcleos agrarios ejidales y comunales, a fin de diseñar un mecanismo eficaz que satisfaga las necesidades …

Legislation Won't Stop Asylum Seekers Using Human Smugglers, Sean Rehaag, Sharryn Aiken

Editorials and Commentaries

No abstract provided.

Attracting The Best And The Brightest: A Critique Of The Current U.S. Immigration System, Chris Gafner, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

The United States has long benefited as a leader in attracting the "best and brightest" immigrants. However, the world has changed since the U.S. immigration system's last major modification in 1990. The United States is no longer the primary destination for many talented immigrants. Many other nations have enacted immigration systems meant to attract the best and brightest immigrants. These immigration systems are often point- based and allow potential immigrants to quickly determine eligibility. By comparison, the U.S. immigration system is slow and complicated. Many now question the United States' ability to attract talented immigrants. This Article first examines how …

November Roundtable: Multiculturalism And Integration Introduction

Human Rights & Human Welfare

An annotation of:

“Germany's Integration Blinkers. What's So Bad About Parallel Societies?” by Henryk M. Broder, Spiegel Online, November 20, 2010

and

“Angela Merkel: German Multiculturalism has Utterly Failed,” by Matthew Weaver, The Guardian, October 17, 2010

A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney

Human Rights & Human Welfare

Noticeably absent from the recent pronouncements of the “death” of multiculturalism in Germany, including Chancellor Angela Merkel’s own conclusion that the policy had “utterly failed,” has been any interest to seriously examine, let alone address, the reasons for such a failure.

Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet

Human Rights & Human Welfare

Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …

European Identity Struggles In The Age Of Austerity, Par Engstrom

Human Rights & Human Welfare

The economic crisis has coincided with a discernible rise of right-wing populist parties in a number of European countries. This was most recently seen in elections in Belgium, the Netherlands, and Sweden. Right-wing populist parties also hold parliamentary seats in Austria, Denmark, Finland, and Norway, and they have been part of coalition governments in Italy and Switzerland for some time. In France, Jean-Marie Le Pen’s National Front, although not represented in parliament, wields considerable political influence, and may receive an additional electoral boost should Le Pen’s daughter, Marine Le Pen, inherit the party leadership. True, these parties still enjoy only …

Healthcare In Cuba, Carmen M. Cusack J.D.

Carmen M Cusack

Poor Americans who lack health-insurance or have little opportunity to access specialized or non-emergency medical treatment in the U.S. should be permitted by the U.S. State Department to spend money in Cuba in order to receive inexpensive medical treatment, and should be allowed to stay (and spend) in Cuba as long as necessary in order to receive inexpensive medical treatment. If Americans were permitted by an exception in the Helms-Burton Act to spend money in Cuba and visit for medical purposes, then Cuba would likely treat these Americans for a very low cost. This can be argued because 1) Cuba …

The One-Year Asylum Deadline And The Bia: No Protection, No Process, Penn State Law Immigrants' Rights Cliinic, Human Rights First, National Immigrant Justice Center

Center for Immigrants' Rights Clinic Publications

The right to seek asylum from persecution is a fundamental and long-recognized human right. The United States committed to protecting refugees in 1967 when it signed the Protocol relating to the Status of Refugees and later enacted legislation to incorporate the Protocol’s key provisions into domestic law. Despite these commitments, in 1996 Congress enacted a filing deadline for asylum applications which has resulted in potentially denying protections to thousands of legitimate refugees.

Kazarian V. United States Citizenship And Immigration Services: Clarifying “Extraordinary Ability” Visa Qualifications, Jaimie Bombard

Golden Gate University Law Review

In 2007, Dr. Poghos Kazarian appealed the United States Citizenship and Immigration Service’s denial of his application for an “extraordinary ability” visa. Prior to Kazarian v. US Citizenship & Immigration Services, the Ninth Circuit had never addressed the issue of how the statutory and regulatory requirements for the “extraordinary ability” visa should be interpreted. The Kazarian court determined that the regulations outlining the evidence sufficient to qualify for the “extraordinary ability” classification were extremely restrictive. The court then concluded that, since Dr. Kazarian had presented only two of the three types of evidence required to meet the eligibility criteria, the …

Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm

Golden Gate University Law Review

United States Immigration and Customs Enforcement (ICE) chooses to keep many immigrants incarcerated while they await the results of their hearings before immigration judges, appeals to the Board of Immigration Appeals (BIA), or second appeals to the federal courts of appeals. Starting with Zadvydas v. Davis in 2001, federal courts have been facing the question of whether such lengthy detentions are permissible under either the Immigration and Nationality Act (INA) or the U.S. Constitution. The U.S. Supreme Court in Zadvydas held that indefinite detention “would raise serious constitutional concerns” and decided to construe the prolonged-detention statute at issue “to contain …

When Children Suffer: The Failure Of U.S. Immigration Law To Provide Practical Protection For Persecuted Children, Lisete M. Melo

Golden Gate University Law Review

This Comment focuses on the need for statutory change in order to address the policy concerns of family unity and to protect asylee children. Part I looks at how the current state of immigration law stands in relation to derivative asylum claims. Part II examines how courts have interpreted current asylum law and the inconsistency and shortcomings of such judicial interpretations. Part III examines policy concerns associated with the child-parent derivative asylum issue, specifically family unity and practical child protection. Finally, Part IV makes two recommendations: 1) legislative change to current asylum law to allow derivative relief for parents of …

Adjusting The Asylum Bar: Neguise V. Holder And The Need To Incorporate A Defense Of Duress Into The "Persecutor Bar", Melani Johns

Golden Gate University Law Review

This Comment explores the different interpretations of the "persecutor bar" among the circuits and proposes an exception for those who have persecuted others while under duress. Part I begins with the background and policy reasons behind the establishment of the persecutor bar, including the split in the courts as to how to interpret it and whether to allow the defense of duress. Part II focuses on Justice Scalia's concurring opinion in Negusie v. Holder, which summarizes and explains the arguments supporting an absolute persecutor bar. Justice Scalia posited that duress is not a defense against harming others, that asylum is …

Taking The Square Peg Out Of The Round Hole: Addressing The Misclassification Of Transgendered Asylum Seekers, Ellen A. Jenkins

Golden Gate University Law Review

Part I provides the basic definitions and understandings this Comment will adopt within the transgender paradigm and provides an overview of United States asylum procedures and the immigration court structure. Part II discusses asylum applications based on sexual orientation and will address how subsequent cases have erroneously applied this social group to transgender applicants. Part II further highlights examples of adjudicatory issues that transgender asylum seekers may face as a result of not identifying as homosexual. Part III showcases the recognition and protection afforded to transgender plaintiffs in pivotal civil discrimination cases and, as a result, how their rights have …

Unlawful Status As A "Constitutional Irrelevancy"?: The Equal Protection Rights Of Illegal Immigrants, Jason H. Lee

Golden Gate University Law Review

This article focuses on state discrimination against illegal immigrants and the use of equal-protection doctrine to protect these immigrants' rights to enjoy the array of benefits and services offered by state governments. There are two main reasons why this article will focus on the Equal Protection Clause rather than on federal preemption doctrine, which is the other major tool that illegal immigrants can use to attack discriminatory state classifications. First, the equal-protection doctrine highlights the dignity and membership of an individual in American society in a way that the more structural preemption analysis does not. Second, preemption has become the …

The Marriage Myth: Why Mixed-Status Marriages Need An Immigration Remedy, Julie Mercer

Golden Gate University Law Review

Part I of this Comment reviews the history of adjustment of status, the expired 245(i) remedy, the three or ten year bar, and the extreme hardship waiver. Part II illustrates how current immigration law runs counter to United States pro-marriage policy, promotes separation of spouses in mixed-status marriages, and has a negative economic impact. Part III recommends reinstating a narrow version of the 245(i) remedy only for U.S. citizens' unauthorized spouses and creating a marriage fraud enforcement division. Finally, Part IV concludes that creating a remedy for U.S. citizens would avoid the harmful impacts of the current law while generating …

Brief For Amici Curiae National Immigration Project Of The National Lawyers Guild, National Police Accountability Project, And Legal Services For Children In Support Of Petitioner, Betsy Ginsberg

Amicus Briefs

Amici have a substantial interest in the outcome of this case. The Federal Tort Claims Act ("FTCA" or the "Act") provides compensation for victims of government negligence and abuse. All too often, those cases arise in the immigration and law enforcement contexts, like the case at issue here. They arise when American citizens are unlawfully detained or deported. They arise when people in immigration detention are mistreated or denied proper medical care. And they arise when immigration officials engage in unlawful home raids.

A robust and uniform Federal Tort Claims Act is essential both to compensating victims and to preventing …

Dream Come True Or True Nightmare? The Effect Of Creating Educational Opportunity For Undocumented Youth, Susana Garcia

Golden Gate University Law Review

This Comment analyzes the Development Relief and Education for Alien Minors ("DREAM") Act, which is proposed legislation that provides undocumented immigrant youth an opportunity to achieve higher education and legal status. Part I of this Comment describes the legislative history, specific provisions, and need for the DREAM Act. Part II demonstrates how state laws are insufficient to overcome some of the barriers that undocumented youth face in attempting to achieve higher education, and how the DREAM Act will help overcome those barriers. Part III of this Comment recommends that Congress should seriously consider the Convention on the Rights of the …

Asylum For A Minor Child Of Persecuted Parents In Zhang V. Gonzales, Roxana M. Smith

Golden Gate University Law Review

In Zhang v. Gonzales, the Ninth Circuit considered for the first time whether an unaccompanied minor child of a parent who was forcibly sterilized should be automatically eligible to apply for asylum. Deferring to the statutory interpretation adopted by the Board of Immigration Appeals ("BIA"), the court found against the child. The court's opinion retreated from earlier dictum suggesting that the refugee statute could reasonably be extended to grant automatic eligibility to a child. However, the court went on to hold that the parents' political opinion - in the form of resistance to coercive population controls - could still be …

The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf

San Diego International Law Journal

The piece examines the treatment of the Fourth Amendment in immigration courts by surveying its jurisprudential history in those courts and then analyzes the judicial responses thereto. Disparities among circuit court rulings add to the confusion and unpredictability typical of Immigration Court decisions. Finally, the article discusses the difficulties raised by the divergent circuit court opinions and offers suggestions as to how we may resolve these difficulties in accordance with the Constitution's requirement of fair play.

Immigration As Urban Policy, Rick Su

Journal Articles

Immigration has done more to shape the physical and social landscape of many of America’s largest cities than almost any other economic or cultural force. Indeed, immigration is so central to urban development in the United States that it is a wonder why immigration is not explicitly discussed as an aspect of urban policy. Yet in the national conversation over immigration, one would strain to hear it described in this manner. This essay addresses this oversight by making the case for a reorientation of immigration toward urban policy; and it does so by advocating for an immigration regime that both …

El Futuro De La Inmigración En España - (“Future Of Immigration In Spain”), Joshua Bruno

Independent Study Project (ISP) Collection

The following argument is about the highly disputed theme of Immigration. Like all countries around the world, Spain manages a population of foreigners that have turned up in search of a new opportunity. If these migrants are able to enter the European Union, they still face many obstacles, including racism and extreme poverty. Yet, their contributions to a struggling European economy are undeniable. The following paper attempts to highlight these important contributions and demonstrate how in a liberal democratic society, such as Spain’s, a more accepting immigration policy where more sanitary conditions provided to immigrants could work. Furthermore, these arguments …

Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte

University of Miami International and Comparative Law Review

No abstract provided.

El Papel De La Educación Y Las Ong’S En Mejorar El Acceso A Derechos Para Inmigrantes: El Caso De Los Derechos Sexuales Y Reproductivos = The Role Of Education And Ngo’S In Helping Immigrants Obtain Better Access To Their Rights: The Specific Case Of Sexual And Reproductive Rights, Amy Torres

Independent Study Project (ISP) Collection

In January of 2004, Argentina approved a new immigration law that guaranteed the protection of human rights for all immigrants in the country regardless of their legal status with the State. Among the rights explicitly guaranteed by this law were the right to migrate, the right to education and the right to health care. While this law represents a significant advance by the Argentine government in protecting the human rights of immigrants, oppressive mechanisms still remain in everyday practices that inhibit actual access to their rights.

Considering the changes in the law and the breach between the laws and everyday …