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Articles 1 - 6 of 6
Full-Text Articles in Immigration Law
Non-State Actors "Under Color Of Law": Closing A Gap In Protection Under The Convention Against Torture, Anna R. Welch, Sangyeob Kim
Non-State Actors "Under Color Of Law": Closing A Gap In Protection Under The Convention Against Torture, Anna R. Welch, Sangyeob Kim
Faculty Publications
The world is experiencing a global restructuring that poses a serious threat to international efforts to prevent and protect against torture. The rise of powerful transnational non-state actors such as gangs, drug cartels, militias, and terrorist organizations is challenging states’ authority to control and govern torture committed within their territory.
In the United States, those seeking protection against deportation under the Convention Against Torture (“CAT”) must establish a likelihood of torture at the instigation of or by consent or acquiescence of a public official acting in an official capacity or other person acting in an official capacity. However, what is …
The Case Against Prosecuting Refugees, Evan J. Criddle
The Case Against Prosecuting Refugees, Evan J. Criddle
Faculty Publications
Within the past several years, the U.S. Department of Justice has pledged to prosecute asylum-seekers who enter the United States outside an official port of entry without inspection. This practice has contributed to mass incarceration and family separation at the U.S.–Mexico border, and it has prevented bona fide refugees from accessing relief in immigration court. Yet, federal judges have taken refugee prosecution in stride, assuming that refugees, like other foreign migrants, are subject to the full force of American criminal justice if they skirt domestic border controls. This assumption is gravely mistaken.
This Article shows that Congress has not authorized …
Can International Law Trump Trump's Immigration Agenda: Protecting Individual Rights Through Procedural Jus Cogens, S. I. Strong
Can International Law Trump Trump's Immigration Agenda: Protecting Individual Rights Through Procedural Jus Cogens, S. I. Strong
Faculty Publications
Donald Trump's approach to immigration has been revolutionary, to say the least. In his short tenure in office, his policies banning travel of individuals from certain Muslim countries have been taken to the United States Supreme Court on two separate occasions, and his most recent technique of separating children from their parents at the border has already spawned litigation. His boldest proposal yet, however, involves the widespread denial of procedural rights to immigrants.In his words, "[w]hen somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came [sic]."
This Essay considers the …
Your View: The Stateless State Of Caribbean Residents, Irene Scharf
Your View: The Stateless State Of Caribbean Residents, Irene Scharf
Faculty Publications
On the Caribbean island of Hispanola, shared by Haiti and the Dominican Republic, grave human rights concerns affecting those of Haitian descent living in the Dominican Republic have recently erupted. Over the years, thousands of Haitians have come to the Dominican Republic to work the farms there and provide cheap construction and other manual labor. Recently, with the economic and natural disasters that have befallen Haiti, more Haitians have been arriving in the Dominican Republic. Many have put down roots and are raising families. Today, an estimated 200,000 people born in the Dominican Republic have parents who were born in …
Constitutional Displacement, Timothy Zick
Constitutional Displacement, Timothy Zick
Faculty Publications
This Article examines the intersection between territory and constitutional liberty. Territoriality, as defined by Robert Sack, is the attempt to affect, influence, or control people, phenomena, and relationships by delimiting and asserting control over a geographic area. Territoriality affects constitutional liberty in profound ways. These effects have been apparent in certain infamous historical episodes, including the territoriality of racial segregation, the geographic exclusion and internment of Japanese-Americans during World War II, early state migratory exclusions, and isolation of the sick and mentally ill. Today, governments are resorting to territorial restrictions in an increasing number of circumstances, including detention of enemy …
Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie
Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie
Faculty Publications
Shortly after its creation in 1993, the International Criminal Tribunal for the former Yugoslavia (ICTY) adopted an adversarial construct and advocated a preference for the presentation of direct evidence, or live witness testimony, in its criminal trials. In the wake of that decision and under considerable pressure to expedite its proceedings, the ICTY judges responded with efforts to streamline the trial process, amending the Tribunal’s Rules of Procedure and Evidence so as to incrementally increase the admissibility of written evidence. This article tracks the relevant rule changes and questions the merit of the decision to move away from live testimony. …