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Articles 1 - 5 of 5
Full-Text Articles in Immigration Law
Redefining The Safe Third Country Exception Of The Immigration And Nationality Act In The Wake Of Trump, Daniel E. Rabbani
Redefining The Safe Third Country Exception Of The Immigration And Nationality Act In The Wake Of Trump, Daniel E. Rabbani
Brooklyn Law Review
The U.S. Immigration and Nationality Act lays out when an asylum seeker has the right to apply for asylum in the United States. This right is not available, however, when an asylum seeker passes through a designated Safe Third Country. A Safe Third Country is an internationally used concept that, pursuant to an international agreement, requires refugees to seek asylum in the first safe country that they step foot in. As the Safe Third Country exception on the Immigration and Nationality Act stands now, there are no guidelines on how to evaluate whether a country is in fact safe. This …
Without A Voice, Without A Forum: Finding Iirira Section 1252(G) Unconstitutional, Amanda Simms
Without A Voice, Without A Forum: Finding Iirira Section 1252(G) Unconstitutional, Amanda Simms
Brooklyn Law Review
The Federal Tort Claims Act (FTCA) abrogates sovereign immunity in certain circumstances to allow private individuals, regardless of citizenship, to sue the United States for specific torts committed by government officials. Yet when two lawful permanent residents—located in different parts of the country—separately tried to sue the government for wrongful removal, one court dismissed the suit for lack of subject matter jurisdiction while the other court did not. These decisions, though reaching opposite conclusions, both relied on federal immigration statute 8 U.S.C. § 1252(g) in order to determine whether judicial review of immigrants’ removal orders is precluded. This note argues …
Out Of Options: The Obstructions Hindering Victims Of Non-State Actor Violence Under Current Asylum Law, Kenneth D. Law Jr.
Out Of Options: The Obstructions Hindering Victims Of Non-State Actor Violence Under Current Asylum Law, Kenneth D. Law Jr.
Brooklyn Law Review
Each year tens of thousands of immigrants head to the United States’ shores in the hope of achieving their version of the “American Dream.” This dream is now more elusive than it has ever been due to the Trump Administration’s attempts to limit legal migration by, to an extent, removing certain avenues of entry. Specifically, the Trump Administration severely hindered the ability of victims of domestic and gang violence to apply for one of the few forms of relief afforded to them: asylum. This note analyzes how decisions such as former Attorney General Jeff Sessions’ opinion in Matter of A-B- …
Asymmetries In Immigration Protection, Sabrineh Ardalan
Asymmetries In Immigration Protection, Sabrineh Ardalan
Brooklyn Law Review
As increasing numbers of immigrants face deportation, a major asymmetry in existing immigration procedures requires attention. Individuals who are deported from the United States and attempt to reenter are afforded an opportunity to prove their fears of return to their home countries, whereas those with prior deportation orders who have remained in the United States are not. This difference is based on the false premise that the latter have already had their day in court and do not need an additional layer of screening. This article fills a critical gap in the existing scholarship, which has thus far failed to …
The Wages Of Human Trafficking, Rana M. Jaleel
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 …