Immigration Law Commons^™

States And Status: A Study Of Geographical Disparities For Immigrant Youth, Laila Hlass

Faculty Scholarship

This article looks at the legal and practical challenges arising out of a particular immigration protection for abandoned, abused, and neglected child migrants called “Special Immigrant Juvenile Status” (SIJS). This benefit, which is a pathway to legal permanent residence and citizenship, is the only area within federal immigration law that requires a state court to take action in order for immigration authorities to consider an individual’s eligibility for relief. Using an original data set of roughly 12,000 SIJS applications from the Department of Homeland Security in June 2013, this article describes trends over time and by state regarding the number …

Immigration Surveillance, Anil Kalhan

Anil Kalhan

In recent years, immigration enforcement levels have soared, yielding a widely noted increase in the number of noncitizens removed from the United States. Less visible, however, has been an attendant sea change in the underlying nature of immigration governance itself, hastened by new surveillance and dataveillance technologies. Like many other areas of contemporary governance, immigration control has rapidly become an information-centered and technology-driven enterprise. At virtually every stage of the process of migrating or traveling to, from, and within the United States, both noncitizens and U.S. citizens are now subject to collection and analysis of extensive quantities of personal information …

Closing The Doors To Justice: A Critique Of Pimentel V. Dreyfus And The Application Of Legal Formalism To The Elimination Of Food Assistance Benefits For Legal Immigrants, Hannah Zommick

Seattle University Law Review

This Comment contends that the Ninth Circuit’s opinion in Pimentel v. Dreyfus employed a legal formalist approach and that by applying this framework, the court prevented legal immigrants, who were caught between the strict eligibility restrictions of welfare reform, from asserting their rights through the justice system. The legal formalist approach “treats the law as a set of scientific formulae or principles that are derived from the study of case law. These principles create an internal analytical framework which, when applied to a set of facts, leads the decision maker, through logical deduction, to the correct outcome in a case.” …

Children And Immigration: International, Local, And Social Responsibilities, Berta E. Hernández-Truyol, Justin Luna

Berta E. Hernández-Truyol

This essay focuses on the human rights of immigrant children, regardless of the legality of their presence within U.S. borders, especially with respect to health, education, and welfare. In that context, the work explores, as the title suggests, the international, local, and social/cultural normative standards that structure the responsibilities -- independently and collectively, that proverbial village -- with respect to children's well-being. We develop these ideas in three parts. First, we address the foundations of the human rights idea and specifically enumerate the particular normative notions, including international treaties that govern children's lives. Next, we discuss immigration in the United …

Nativism, Terrorism, And Human Rights -- The Global Wrongs Of Reno V. American-Arab Anti-Discrimination Committee, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

The American-Arab Anti-Discrimination Committee decision (American-Arab or AADC) is the most recent U.S. Supreme Court pronouncement regarding the intersection of immigration regulations and fundamental constitutional rights enjoyed by foreign subjects present within the United States. In American-Arab, the U.S. government commenced deportation proceedings against two legal permanent residents and six temporary visa holders on the basis of an ideological bias: the plaintiffs were alleged to be members of the Popular Front for the Liberation of Palestine (Popular Front or PFLP) -- a charge all the plaintiffs denied. The Supreme Court's ruling endorsing the legality of the government's deportation actions wholly …

Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.

Invisible No More: Domestic Workers Organizing In Massachusetts And Beyond, Natalicia Tracy, Tim Sieber, Susan Moir Scd

Tim Sieber

Domestic workers across the country are making it clear that, even in a difficult political environment, it is possible to make gains for low-wage workers. For the first time in many, many decades, domestic workers are finding ways to win. They are creat
ing policy change that will improve the lives of hundreds of thousands of workers in tangible and substantial ways. The 2014 Massachusetts Domestic Workers’ Bill of Rights is the most expansive codification of rights for this long-overlooked part of the labor force ever to be enacted. In one sense, there is nothing new about domestic workers organizing …

The Changing Tide Of Immigration Law: Equality For All?, Laurie M. Cochran

Georgia Journal of International & Comparative Law

No abstract provided.

Does The European Convention On Human Rights Protect Refugees From "Safe" Countries?, Kathleen M. Whitney

Georgia Journal of International & Comparative Law

No abstract provided.

Punitive Injunctions, Nirej S. Sekhon

Nirej Sekhon

No abstract provided.

Combating Terrorism With The Alien Terrorist Removal Court, Jonathan Yu

Jonathan Yu

No abstract provided.

Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir

Isaac Kfir

The contemporary international refugee system was product of a desire to provide protection and assistance to those who have a well-founded fear of persecution, a somewhat sophistic term in the twenty-first century, which may explain why the system has become cumbersome, incoherent and divisive. One explanation for the tension within the refugee regime is that states—mainly western states—seek to reduce refugee applications while adhering and upholding their international obligations. Another explanation is that it is tensions between two legal traditions—natural law and legal positivism—that are shape the international refugee law that have led to the crisis, preventing a clear legal …

Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace

Georgia Journal of International & Comparative Law

No abstract provided.

Hidden In Plain Sight: Exploring The Vulnerabilities Of Street-Working Boys In Se Asia, Jarrett Davis, Glenn Miles

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

The sexual exploitation of men and boys is often little understood and commonly goes ignored. Internationally, it is said that 1 in 6 boys are sexually abused before reaching adulthood and in some nations the exploitation and abuse of boys far outweighs that of girls. Social and cultural norms often assume men and boys to be inherently strong and/or invulnerable to sexual exploitation; however, research in this area continues to show these assumptions to be false. Because of this lack of awareness, the efforts of the organizations and individuals who work to provide for the needs of male victims are …

Analysis Of Human Trafficking Cases In Rhode Island, 2009-2013, Donna M. Hughes, Rachel Dunham, Faith Skodmin, Lucy Tillman, Jessica Wainfor

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

This presentation is an analysis of seven state and federal cases of human trafficking, including forced labor and sex trafficking, in Rhode Island from 2009 until 2013. In 2009, Rhode Island passed a comprehensive human trafficking law. Since then there have been six cases of sex trafficking and one case of forced labor. Sources for information on the human trafficking cases were police reports, witness statements, court documents and media reports. This presentation will briefly summarize the cases and discuss the similarities and difference among the cases and discuss of some key findings from these cases, which include:
1) Victims …

The Problem Of State Intervention In Post-Abolition Slavery: A Critique Of Consensus, Anthony Talbott, David Watkins

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Slavery is now illegal by all states and under international law. Contrary to the hopes of abolitionists, this state of affairs has transformed rather than eradicated slavery as an institution. Furthermore, responses by states to post-abolition forms of slavery have often been less than ideal. This paper begins by comparing two state responses to slavery in the early 20th century: the federal peonage trials in Montgomery, Alabama from 1903-1905, and the federal response to an alleged epidemic of “white slavery” from 1909-1910, culminating in the passage of the White Slave-Traffic Act. Taken together, these responses engender pessimism about the state …

Brian H. Stuy (With Foreward By David Smolin), Open Secret: Cash And Coercion In China's International Adoption Program, Brian H. Stuy

David M. Smolin

Open Secret is a documentation and analysis of seriously abusive practices in China's intercountry adoption system. The article describes three kinds of abuses: baby-buying programs at Chinese orphanages, "confiscations" of children by population control officials, and "education" programs in which orphanages falsify the ages and family situation of teenagers in order to make them paper eligible for intercountry adoption. The article questions the effectiveness of the Hague legal regimen for intercountry adoption, particularly in the context of China. A brief foreward by David Smolin places Brian Stuy's extensively-researched article about adoptions from China in a broader context.

Human Trafficking To Northern America: The Balkan Connection, Natalya Timoshkina, Naser Miftari, Antonela Arhin

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

This paper draws on the results of a large multi-method study, which examined human trafficking from the former Eastern Bloc to Northern America (Canada and the United States). The study was conducted in 2011-2013, and funded by the Social Sciences and Humanities Research Council of Canada (SSHRC). The analysis is grounded in the findings from 9 countries of the Balkan region included in the study: Albania, Bulgaria, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia, and Slovenia. The following data sources were used: (a) national and international reports, media and academic articles, and various documents (in English and official languages …

Human Trafficking, Education And Migration At Ngos In Cambodia And Thailand, Robert Spires, Xinyi Duan

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

This presentation is based on in-progress collaborative research between researcher Dr. Bob Spires and Hong Kong-based NGO Liberty Asia. The research involves interviews and observations conducted at multiple NGOs in Cambodia and Thailand working to address human trafficking and incorporating educational components into their programs. The study uses comparative lenses to examine issues of education and migration in both the Cambodian and Thai context for human trafficking survivors and at-risk populations. The study is interdisciplinary, drawing on the work on human trafficking in several social science fields. The framework for the research is based on Frank Laczko and Elzbieta Gozdziak’s …

Bra’S For A Cause: A Service Learning Project In A Freshman Level Human Trafficking Course, Beth A. Wiersma

Sixth Annual Interdisciplinary Conference on Human Trafficking 2014

Women and Children for Sale: The Global Problem of Human Trafficking is a General Studies Portal course for college freshman at a Midwestern university. The students in the course were surveyed the first day of class about why they chose the course, what they hoped to get out of the course, what they believed to be true about human trafficking, and how they learned about human trafficking. During the semester the students planned and carried out a service learning project “Bras for a Cause”. This project involved educating others about human trafficking and collecting bras. The bras are sent overseas …

The Little India Riot: Domestic And International Law Perspectives, Siyuan Chen

Research Collection Yong Pung How School Of Law

A riot involving hundreds of foreign labourers broke out in Little India, Singapore, on 8 December 2013. Only the second riot to occur in more than 40 years in fairly tranquil Singapore, the damage was extensive as rioters destroyed police and emergency vehicles and even injured dozens of police and civil defence personnel. The authorities only needed a few days to complete the investigations and shortly after, some of the alleged rioters were arrested and charged, while some of them were repatriated. The swiftness of the entire process prompted harsh criticism from international and local human rights groups, who claimed …

Invisible No More: Domestic Workers Organizing In Massachusetts And Beyond, Natalicia Tracy, Tim Sieber, Susan Moir Scd

Labor Studies Faculty Publication Series

Domestic workers across the country are making it clear that, even in a difficult political environment, it is possible to make gains for low-wage workers. For the first time in many, many decades, domestic workers are finding ways to win. They are creat
ing policy change that will improve the lives of hundreds of thousands of workers in tangible and substantial ways. The 2014 Massachusetts Domestic Workers’ Bill of Rights is the most expansive codification of rights for this long-overlooked part of the labor force ever to be enacted. In one sense, there is nothing new about domestic workers organizing …

Immigrant Integration And Social Solidarity In A Time Of Crisis: Europe And The United States In A Postwelfare State, David Abraham, David Abraham

Articles

A cloud has settled over the immigration regimes of the European welfare states and the United States. Confidence has waned in the viability and value of integrating newcomers into a system of social solidarity. The weakening of civic nationalism and secular constitutional patriotism has unsettled national identities and undermined efforts to facilitate the inclusion of immigrants, especially Muslims. More forceful integration policies might better sustain the welfare state, but individual liberties and group recognition make this more difficult. Ironically, immigrants may now fare better in more unjust neoliberal societies such as the United States than in the advanced welfare states. …

Natural Disasters, Climate Change And Non-Refoulement: What Scope For Resisting Expulsion Under Articles 3 And 8 Of The European Convention On Human Rights?, Matthew Scott

Matthew Scott

Climate change is already contributing to the displacement of millions of people worldwide as extreme weather events become increasingly frequent and intense. Proposals for responding to the phenomenon of climate change-related displacement overwhelmingly rely on the state to act, with limited discussion of the potential to determine and develop the scope of protection through strategic litigation. This article considers the current and potential scope of protection under articles 3 and 8 of the European Convention on Human Rights (ECHR) from a strategic litigation perspective. Individuals facing expulsion from a European host state to a receiving state during or in the …

Observations From The Pilot Study On The Practice And Perspectives Of Lawyers In The United Kingdom And Sweden Regarding Protection From Environmentally Related Harm In An Era Of Climate Change, Matthew Scott

Matthew Scott

A total of nine semi-structured interviews were carried out between November 2013 and April 2014 with senior lawyers specialising in asylum and immigration law in the United Kingdom and Sweden enquiring into their perspectives and practice around the issue of environmentally related cross border displacement. The pilot study suggests that lawyers in Sweden and the United Kingdom are not routinely involved in seeking international protection for individuals who may be at risk of being exposed to environmentally related harm if returned to their countries of origin or habitual residence, although some 'pathways to protection' were identified. I suggest that lawyers …

Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights, Jennifer Morris

Georgia Journal of International & Comparative Law

No abstract provided.

The Ciudades Modelo Project: Testing The Legality Of Paul Romer’S Charter Cities Concept By Analyzing The Constitutionality Of The Honduran Zones For Employment And Economic Development, Michael R. Miller

Michael R Miller

Over the last several years, the Honduran government has been aggressively advancing a "model cities" project that it argues will provide options for its citizens to escape the extreme violence in their country without migrating to the U.S. The model cities, which are formally called "Zones for Employment and Economic Development" ("ZEDEs"), are purported to be autonomously governed areas that will attract foreign investment and compete for residents by establishing safer communities and better managed institutions governed by the rule of law.

The ZEDEs trace their origin to a concept formulated by development economist Paul Romer, who proposed the idea …

A Break With The Past Or Justice In Pieces: Divergent Paths On The Question Of Amnesty In Argentina And Colombia, Douglas Jacobson

Georgia Journal of International & Comparative Law

No abstract provided.

Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale

Georgia Journal of International & Comparative Law

No abstract provided.

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.