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Immigration Law Commons

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Full-Text Articles in Immigration Law

The Wages Of Human Trafficking, Rana M. Jaleel Jan 2016

The Wages Of Human Trafficking, Rana M. Jaleel

Brooklyn Law Review

This article asks a deceptively straightforward question: What is the wrong of human trafficking? If the answer seems obvious, a closer look at anti-trafficking law reveals a doctrinal crisis. Human trafficking law has traditionally concerned itself with movement and how compelled or chosen migration estranges vulnerable people from the locales, customs, and resources that might otherwise shield them from exploitation. According to the U.S. State Department, however, movement is no longer a central element of human trafficking. Instead, “many forms of enslavement” are thought to comprise the core of the crime. The revocation of the movement requirement and the equation …


Australia's Guantanamo Bay: How Australian Migration Laws Violate The United Nations Convention Against Torture, Katelin Morales Jan 2016

Australia's Guantanamo Bay: How Australian Migration Laws Violate The United Nations Convention Against Torture, Katelin Morales

American University International Law Review

No abstract provided.


Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews Jan 2016

Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews

Global Tides

This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting further …