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Articles 1 - 30 of 3130

Full-Text Articles in Immigration Law

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ Mar 3004

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ

University of Miami Inter-American Law Review

No abstract provided.


Highly Skilled Immigration In The United States In An Age Of Globalization: An Institutional And Agency Approach, Marcela F. González Sep 2018

Highly Skilled Immigration In The United States In An Age Of Globalization: An Institutional And Agency Approach, Marcela F. González

All Dissertations, Theses, and Capstone Projects

My dissertation proposes an institutional and agency approach in order to answer a new question to a new set of conditions, processes, and architecture of the new immigration trend for highly skilled immigration in the United States that emerged in the 1990s. The complexification of visa policies for highly skilled immigrants since the 1990s forces many immigrants to follow a multi-step legal pathway to acquire legal permanent residency: first, immigrants have a variety of temporary legal statuses or no legal status, and in a subsequent stage they achieve legal permanent residency. The central question that organizes the dissertation has two ...


Re-Victimization And The Asylum Process: Jimenez Ferreira V. Lynch: Re-Assessing The Weight Placed On Credible Fear Interviews In Determining Credibility, Alana Mosley Jul 2018

Re-Victimization And The Asylum Process: Jimenez Ferreira V. Lynch: Re-Assessing The Weight Placed On Credible Fear Interviews In Determining Credibility, Alana Mosley

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


The Economics Of Immigration Reform, Howard F. Chang Jul 2018

The Economics Of Immigration Reform, Howard F. Chang

Faculty Scholarship

In this article, I draw upon economic theory and recent empirical work on the economic and fiscal effects of immigration to evaluate some recent proposals for immigration reform in terms of their effects on the economic welfare of natives in the United States. In particular, I consider the Reforming American Immigration for a Strong Economy (RAISE) Act, a bill that would cut immigration to half of its current level. President Donald Trump has endorsed the RAISE Act and has insisted that many of its provisions be part of any legislation legalizing the status of unauthorized immigrants granted relief under the ...


'I Simply Do Not Believe...': A Case Study Of Credibility Determinations In Canadian Refugee Adjudication, Sean Rehaag Jul 2018

'I Simply Do Not Believe...': A Case Study Of Credibility Determinations In Canadian Refugee Adjudication, Sean Rehaag

Sean Rehaag

Refugee determinations often turn on a single question: Is the refugee claimant telling the truth? While there are other factors that refugee adjudicators must consider, determining whether the claimant's story is credible remains central to virtually all refugee hearings. In light of the key role credibility assessments play in refugee determinations, scholars are paying increasingly more attention to how refugee adjudicators assess credibility.

This article contributes to the growing body of research on this subject by examining the full caseload of one refugee adjudicator at Canada's Immigration and Refugee Board (IRB) over a three-year period. That adjudicator, David ...


Enforcing/Protection: The Danger Of Chevron In Refugee Act Cases, Maureen A. Sweeney Jul 2018

Enforcing/Protection: The Danger Of Chevron In Refugee Act Cases, Maureen A. Sweeney

Faculty Scholarship

No abstract provided.


The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast Jun 2018

The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast

DePaul Journal of Women, Gender and the Law

No abstract provided.


Modern Application Of The Islamic Principle Of Brotherhood: An Assessment Of The Syrian Refugees’ Relocation Solution In Egypt, Shams Al Din Al Hajjaji Jun 2018

Modern Application Of The Islamic Principle Of Brotherhood: An Assessment Of The Syrian Refugees’ Relocation Solution In Egypt, Shams Al Din Al Hajjaji

San Diego International Law Journal

This Article argues that the Islamic principle of Brotherhood provides a feasible basis to solve the Arab refugee crisis. The Islamic solution is based on relocating Syrian refugees to Egypt. The solution has many positive factors that make it the most promising solution among the various other proposed solutions. The Syrian refugee crisis has been one of the major challenges for many Western countries, who have found themselves between a rock and a hard place, faced with two options. The first option involves agreeing to host the massive waves of refugees, to honor their principles of human dignity and morality ...


The Uncertain Future Of Australia’S Pacific Solution, Chandra Roam Jun 2018

The Uncertain Future Of Australia’S Pacific Solution, Chandra Roam

San Diego International Law Journal

The plight of a refugee is one that many of us will never understand. However, the ugly truth is that there is a global rise in the number of displaced persons seeking asylum. By the end of 2015, the number of displaced persons surpassed post World War II numbers, prompting developed nations around the world to enforce, amend, or implement policies targeted at controlling the flood of refugees at their borders. This Comment examines the policies of Australia, a nation that has had strict immigration policies in place for decades. Specifically, it discusses the Australian stance on refugee migration and ...


Legal Responses To The European Union’S Migration Crisis, Graham Butler Jun 2018

Legal Responses To The European Union’S Migration Crisis, Graham Butler

San Diego International Law Journal

The European Union (“EU”) imposes on itself its own constraints in which it performs as an external actor, and yet, there is little acknowledgment of this imposed constraint. It is the post-2015 migration crisis, an unexpected occurrence, which has brought the fields of EU external relation law and EU migration law together. Europe’s external border, on both land and sea, has tightened through legal acts of non-traditional nature, namely, the resort to securitisation and militarisation. Challenges, such as mass irregular migration, require more than just individual responses from a few selected Member States that are directly affected by the ...


The Health Of Migrant Farmworkers In The Pacific Northwest: Access, Quality, And Health Disparities, Marleny Silva Jun 2018

The Health Of Migrant Farmworkers In The Pacific Northwest: Access, Quality, And Health Disparities, Marleny Silva

Global Honors Theses

The health and well-being of migrant farmworkers have been neglected in the U.S. despite the prevalent reliance on undocumented foreign labor to fill the needs of the agricultural industry. In 1942, the U.S. signed a bilateral agreement with Mexico which allowed the recruitment of Mexican workers for temporary work in U.S. fields until the end of the program in 1964. This program contributed to the increase of Mexican migration even after its termination and reaffirmed our nation’s dependence on migrant farm workers, both documented and undocumented. Due to their undocumented status, undocumented migrant farmworkers experience neglect ...


Ganging Up On Immigration Law: Asylum Law And The Particular Social Group Standard - Former Gand Members And Their Need For Asylum Protections, Claudia B. Quintero Jun 2018

Ganging Up On Immigration Law: Asylum Law And The Particular Social Group Standard - Former Gand Members And Their Need For Asylum Protections, Claudia B. Quintero

University of Massachusetts Law Review

The Refugee Act of 1980 was a significant piece of legislation for the development of asylum law, and the United States’ commitment to human rights and humanitarian concern for the struggles of refugees worldwide. The Act recognized the urgent needs of persons fleeing persecution in their homelands, asylees, and their need for protection and resettlement. The protections afforded in the Act extended to asylum seekers that were persecuted on the basis of (1) race, (2) religion, (3) nationality, (4) membership in a particular social group, or (5) political opinion. However, Congress did not define “membership in a particular social group ...


Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq. Jun 2018

Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq.

St. Mary's Law Journal

Abstract forthcoming


Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, Christopher C. Malwitz Jun 2018

Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, Christopher C. Malwitz

Brooklyn Law Review

Victims fleeing their native countries to escape violence, discrimination, or persecution are provided a limited number of mechanisms under current immigration law to gain refuge in the United States. Under the controlling law, aliens entering the United States are eligible for asylum if they qualify under one of five protected grounds, including race, religion, nationality, membership in a particular social group, or political opinion. But the complete lack of statutory guidance surrounding what constitutes a “particular social group” is incredibly controversial and confusing. The immigration statutes provide no language defining this protected ground. Thus, the guiding framework and eligibility criteria ...


Death By Fifty Cuts: Exporting Lunn V. Commonwealth To Maine And The Prospects For Waging A Frontal Assault On The Ice Detainer System In State Courts, Sean Turley Jun 2018

Death By Fifty Cuts: Exporting Lunn V. Commonwealth To Maine And The Prospects For Waging A Frontal Assault On The Ice Detainer System In State Courts, Sean Turley

Maine Law Review

As long as the future of federal immigration policy remains unsettled and the use of ICE detainers to capture and deport suspected noncitizens remains widespread, practitioners should focus their attention on waging a frontal assault against the legality of ICE detainers on state law grounds by arguing that they constitute warrantless arrests that are prohibited by state statute. The recent Massachusetts Supreme Judicial Court decision in Lunn v. Commonwealth provides a model for how to wage such an attack—not only in states with similar common law and statutory frameworks that are unlikely to resolve the issue legislatively, like Maine ...


Equal Protection And Scrutinizing Scrutiny: The Supreme Court’S Decision In Sessions V. Morales-Santana, Jonathan Burt Jun 2018

Equal Protection And Scrutinizing Scrutiny: The Supreme Court’S Decision In Sessions V. Morales-Santana, Jonathan Burt

Utah Law Review

This Note attempts to synthesize the cases on 8 U.S.C. § 1409(c) and provide a workable framework for intermediate scrutiny in the equal protection realm. Intermediate scrutiny, like all levels of scrutiny, is an ends-means balancing test. Under intermediate scrutiny, the ends must be “important.” The interest cannot be “hypothetical” or “invented post hoc in response to litigation.”234 Instead, it must be the actual reason behind the statutory classification and this must be clearly demonstrated by the government. On the other side, the means must “substantially relate” to the asserted interest. The means chosen cannot result from ...


Distant Voices Then And Now: The Impact Of Isolation On The Courtroom Narratives Of Slave Ship Captives And Asylum Seekers, Tara Patel Jun 2018

Distant Voices Then And Now: The Impact Of Isolation On The Courtroom Narratives Of Slave Ship Captives And Asylum Seekers, Tara Patel

Michigan Journal of Race and Law

Part I compares the nineteenth century cases of the Antelope and the Amistad to identify why they resulted in different outcomes despite having similar fact patterns. The Antelope concerned the fate of approximately 280 African captives discovered on a slave trade ship upon its interception by a U.S. revenue cutter. Since the slave trade in the United States was illegal at the time, the captives were transported to Savannah for trial through which their status—free or slave—would be determined. After a lengthy trial and appeals process in which Spain and Portugal laid claim to the captives, the ...


The Privileges And Immunities Of Non-Citizens, R. George Wright May 2018

The Privileges And Immunities Of Non-Citizens, R. George Wright

Cleveland State Law Review

However paradoxically, in some practically important contexts, non-citizens of all sorts can rightly claim what amount to privileges and immunities of citizens. This follows from a careful and entirely plausible understanding of the inherently relational, inescapably social, and essentially reciprocal nature of at least some typical privileges and immunities.

This Article contends that the relationship between constitutional privileges and immunities and citizenship is more nuanced, and much more interesting, than usually recognized. Crucially, allowing some non-citizens to invoke the privileges and immunities of citizens often makes sense. The intuitive sense that non-citizens cannot logically claim the privileges or immunities of ...


The Rhetoric Is On The Wall: A Multimodal Study Of The U.S. – Mexico Border Through Image Narratives, Kristoffer Mason May 2018

The Rhetoric Is On The Wall: A Multimodal Study Of The U.S. – Mexico Border Through Image Narratives, Kristoffer Mason

Global Honors Theses

This paper applied social semiotics and systemic functional theory to study visual narratives related to President Trump’s border wall project and U.S. immigration policy. The images were selected by new articles posted by The New York Times using search parameters “border wall” and “undocumented immigration” between the dates of March 13 – April 13, 2018. Images were selected and categorized based on visual themes related to the border wall and policy enforcement. Of these categories, two images were selected for vertical perspective, vector patterns, and gestures to discover the narratives. Analysis of the images showed that social power and ...


Understanding "Sanctuary Cities", Christopher N. Lasch, R. Linus Chan, Ingrid V. Eagly, Dina Francesca Haynes, Annie Lai, Elizabeth M. Mccormick, Juliet P. Stumpf May 2018

Understanding "Sanctuary Cities", Christopher N. Lasch, R. Linus Chan, Ingrid V. Eagly, Dina Francesca Haynes, Annie Lai, Elizabeth M. Mccormick, Juliet P. Stumpf

Boston College Law Review

In the wake of President Trump’s election, a growing number of local jurisdictions around the country have sought to disentangle their criminal justice apparatus from federal immigration enforcement efforts. These localities have embraced a series of reforms that attempt to ensure immigrants are not deported when they come into contact with the criminal justice system. The Trump administration has labeled these jurisdictions “sanctuary cities” and vowed to “end” them by, among other things, attempting to cut off their federal funding.

This Article is a collaborative project authored by law professors specializing in the intersection between immigration and criminal law ...


Ethics Issues Inherent In Special Immigrant Juvenile State Court Proceedings - Practical Proposals For Intractable Problems, Alexis Anderson May 2018

Ethics Issues Inherent In Special Immigrant Juvenile State Court Proceedings - Practical Proposals For Intractable Problems, Alexis Anderson

Alexis Anderson

Immigration advocates have long noted how ethical challenges pervade certain areas of their practice, particularly in the employment and spousal contexts. A significant body of literature exists that attempts to identify clear, professional norms for grappling successfully with thorny ethical questions inherent in those areas. This article expands that scholarship by studying the ethics issues that arise for counsel representing youth seeking Special Immigrant Juvenile ("SIJ") status in state court. Using SIJ case studies to explore questions of confidentiality, conflicts, and candor, this article uncovers key factors that complicate practitioners' ability to comply with existing ethical mandates. One defining feature ...


Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen May 2018

Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen

NULR Online

The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision-making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It concludes ...


Refugee Resettlement In Wyoming: A How-To Guide, Gabriel Selting May 2018

Refugee Resettlement In Wyoming: A How-To Guide, Gabriel Selting

Honors Theses AY 17/18

Amid a global refugee crisis defined by the highest levels of displaced persons on record, Wyoming is the single state in the U.S. without a Refugee Resettlement Program (RRP). Wyoming “exceptionalism” in this regard is an affront to America’s traditional role as the leader in refugee admissions and human rights advocacy dating back the mid 1940s. The purpose of this article is to establish a framework for Welcome Wyoming’s initiative to create an RRP. This article proceeds by laying bare the various models of refugee resettlement, and then selects the appropriate model considering the political climate, funding ...


Embracing The Chinese Exclusion Case: An International Law Approach To Racial Exclusions, Lauri Kai May 2018

Embracing The Chinese Exclusion Case: An International Law Approach To Racial Exclusions, Lauri Kai

William & Mary Law Review

No abstract provided.


Refugees In The European Union: The Harsh Reality Of The Dublin Regulation, Lana Maani May 2018

Refugees In The European Union: The Harsh Reality Of The Dublin Regulation, Lana Maani

Notre Dame Journal of International & Comparative Law

The refugee crisis is a highly contested and controversial issue. The world, and specifically Europe, has seen a rapid increase in the number of refugees applying for asylum. In fact, the European Union (“EU”) has received well over one million refugees: the highest number of refugees since the Second World War. The crisis is testing the EU’s main building blocks, including, most importantly, its Member States’ notion of an ever-closer union. Some Member States have been more responsive to the crisis than others. For example, Germany is the highest refugee hosting country in the EU. On the other hand ...


Miller V. Sessions, 889 F.3d 998 (9th Cir. 2018), Kari E. Hong May 2018

Miller V. Sessions, 889 F.3d 998 (9th Cir. 2018), Kari E. Hong

Kari E. Hong

Non-citizen may seek to reopen removal order, entered in absentia, which had been reinstated.


An Attempt To Evade Liability: Australia's Role In Detention Center Abuse And The Refoulement Of Sri Lankan Asylum Seekers In The Context Of The Convention Against Torture, Carson Masters May 2018

An Attempt To Evade Liability: Australia's Role In Detention Center Abuse And The Refoulement Of Sri Lankan Asylum Seekers In The Context Of The Convention Against Torture, Carson Masters

Georgia Journal of International & Comparative Law

No abstract provided.


Esan V.The Attorney General (Appeal No. 96/2014) [2016] Zmsc 255, Nicholas Kahn-Fogel May 2018

Esan V.The Attorney General (Appeal No. 96/2014) [2016] Zmsc 255, Nicholas Kahn-Fogel

SAIPAR Case Review

No abstract provided.


The #Buffalo 25 And The New Era Of Immigration Enforcement, Nicole Hallett May 2018

The #Buffalo 25 And The New Era Of Immigration Enforcement, Nicole Hallett

Journal Articles

No abstract provided.


Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos May 2018

Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos

All Dissertations, Theses, and Capstone Projects

Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the ...