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Articles 1 - 8 of 8
Full-Text Articles in Law
The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis
The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis
Seton Hall Circuit Review
No abstract provided.
Constructing Crimmigration: Latino Subordination In A “Post-Racial” World, Yolanda Vazquez
Constructing Crimmigration: Latino Subordination In A “Post-Racial” World, Yolanda Vazquez
Faculty Articles and Other Publications
Over the last forty years, the concern over the relationship between noncitizens and criminality has reached epic proportions. Laws, policies, procedures, and rules have been developed, the immigration and criminal justice system have been employed, and billions of dollars have been spent towards detecting, detaining, prosecuting, and removing those who are targeted as posing “the greatest threat to the nation.” As a result, a “new” phenomenon emerged, crimmigration, that not only redesigned the criminal and immigration systems, but also brought about a cultural transformation in the United State —restructuring social categories, diminishing economic and political power, and perpetuating the marginalization …
The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck
The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck
Georgia Journal of International & Comparative Law
No abstract provided.
Fractured Membership: Deconstructing Territoriality To Secure Rights And Remedies For The Undocumented Worker, D. Carolina Nuñez
Fractured Membership: Deconstructing Territoriality To Secure Rights And Remedies For The Undocumented Worker, D. Carolina Nuñez
Faculty Scholarship
Relied upon but unwelcome, among us but uninvited, undocumented workers in the United States – now numbering over 8 million – labor on the border of inclusion and exclusion, between a status-based conception of membership and a territorial approach to membership. Although mere presence in the U.S. secures undocumented workers many of the same labor protections afforded to authorized workers, undocumented status often forecloses certain remedies otherwise available for employer breaches of those protections. Many commentators have criticized this effective status-based denial of rights to undocumented workers as inimical to the goals underlying labor and immigration law. While this Article …
The Invisible Worker, Lenni B. Benson
Universal Mother : Transnational Migration And The Human Rights Of Black Women In The Americas, Hope Lewis
Universal Mother : Transnational Migration And The Human Rights Of Black Women In The Americas, Hope Lewis
Hope Lewis
Community-based or personal forms of identity, as well as some externally imposed gender, race, and cultural stereotypes operate simultaneously to influence global markets. This Article explores the human rights implications of the stories surrounding a female migrant household worker as they exemplify how perceptions about identity can shape legal responses and how legal frameworks can shape perceptions of identity. The identities associated with the migrant household worker seemed to constitute a uniquely complex illustration of the intersection of race, gender, ethnicity, class, immigration status, nationality, and disability. However, the stories establish that all identities can be equally complex. This Article …
Immigration Reform And Control Of The Undocumented Family, Carol Sanger
Immigration Reform And Control Of The Undocumented Family, Carol Sanger
Faculty Scholarship
The Immigration Reform and Control Act of 1986 (IRCA), Congress' attempt to clean up the problem of illegal immigration in the United States, puts a great number of undocumented alien families, mostly Mexican, to a hard test. Under IRCA's amnesty provisions, every alien must individually meet the eligibility requirements, such as having lived in the United States since before January 1, 1982. But many aliens who satisfy these requirements have spouses or children who do not. Thus, while eligible aliens may adjust to a legal immigration status, their ineligible family members must either leave the United States or remain illegally, …
Employer Sanctions For Hiring Illegal Aliens: A Simplistic Solution To A Complex Problem, R. Paul Faxon
Employer Sanctions For Hiring Illegal Aliens: A Simplistic Solution To A Complex Problem, R. Paul Faxon
Northwestern Journal of International Law & Business
Several factors have led to the current push for sanctions against employers who hire illegal aliens. One main factor is the perception that illegal aliens take jobs from United States citizens and legal aliens, work- ers and negatively affect the national economy. Obviously, any percep- tion that the jobs of United States citizens are being lost tends to create an emotionally charged environment that hampers objective decision making. Further, frustration has built up because current legal mecha- nisms seem incapable of halting illegal immigration. This frustration has increased xenophobia. Finally, proponents of sanctions identify a major inequity in a law …