Immigration Law Commons^™

The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru

Master's Theses

Kenya’s economy remains the regional leader within the East African Community (EAC) and among East African countries at large. However, political instability such as the 2007 post-election violence and the region’s social and political instability trickling into Kenya, have negatively affected the country’s economic growth. To bridge the economic gap, Kenyan women are seeking employment in the domestic service sector in the Gulf Countries, with Saudi Arabia being the most popular destination. At their destination countries, some domestic workers are subjected to various forms of abuse by their employers, leaving the worker without recourse due to the lack of legal …

Increase Quota, Invite Opportunities, Improve Economy: An Examination Of The Educational And Employment Crisis Of Undocumented Immigrants And Individuals From Abroad, Brittany Fink

Brittany Fink

No abstract provided.

Border Searches In The Age Of Terrorism, Robert M. Bloom

Robert Bloom

This article will first explore the history of border searches. It will look to the reorganization of the border enforcement apparatus resulting from 9/11 as well as the intersection of the Fourth Amendment and border searches generally. Then, it will analyze the Supreme Court's last statement on border searches in the Flores-Montano27 decision, including what impact this decision has had on the lower courts. Finally, the article will focus on Fourth Amendment cases involving terrorism concerns after 9/11, as a means of drawing some conclusions about the effect the emerging emphasis on terrorism and national security concerns will likely have …

Increase Quota, Invite Opportunities, Improve Economy: An Examination Of The Educational And Employment Crisis Of Undocumented Immigrants And Individuals From Abroad, Brittany Fink

Brittany Fink

No abstract provided.

Enhancing Human Rights Through European Integration: How Recent Litigation Before The European Court Of Human Rights And The Court Of Justice Of The European Union Has Advanced European Aslyum Law, Clara Presler

Clara Presler

Recent case law from the two European courts charged with protecting human rights -- the European Court of Human Rights and the Court of Justice for the European Union -- reveals mutual influence that has enhanced protection of asylum seekers. The two courts’ willingness to engage in the other’s legal reasoning has resulted in rapid development in the areas of eligibility for asylum protection, detention of asylum seekers, and the Dublin II Regulation. This interplay has occurred despite the fact that the courts are not formally bound to each other, and each employs different procedures, mandates, and substantive law. In …

The Supreme Court Of Canada's Decision In Ezokola And The Harmonisation Of Article 1f(A) Of The Convention On The Status Of Refugees With International Criminal Law, Alan W. Freckelton

Alan W Freckelton

Canadian appellate courts have historically taken a very wide view of when there are “serious reasons to believe” that a person has committed the kinds of offences envisaged by Article 1F(a) of the Convention. In particular, they have taken the view that, in some cases at least, mere membership of a particular group is sufficient to exclude a person from protection under the Convention. However, in Ezokola v Canada (Citizenship and Immigration) the Supreme Court has attempted to reconcile the requirements for responsibility for war crimes and crimes against humanity at international criminal law, and the requirements for exclusion under …

Torturous Transfers: Examining Detainee Habeas Jurisdiction For Nonremoval Challenges And Deference To Diplomatic Assurances , Kristin E. Slawter

Washington and Lee Law Review

No abstract provided.

Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré

Mariagiulia Giuffré

Against the backdrop of the bilateral cooperation on migration control between individual EU Member States and third countries, this paper examines whether the implementation of readmission agreements hampers access to protection for asylum-seekers subjected to a return procedure. It concludes that no issue of incompatibility with refugee and human rights law stems from the text of readmission agreements, administrative tools used to articulate the procedures for a smooth return of irregular migrants and rejected refugees to countries of origin or transit. Nonetheless, instances of informal practices of border control, especially in situations of emergency and mass influxes demonstrate how the …

The Crisis Of A Legal Framework: Protection Of Victims Of Human Trafficking In The Bulgarian Legislation, Vladislava Stoyanova

Vladislava Stoyanova

The Council of Europe Group of Experts on Action against Trafficking in Human Beings reported that in Bulgaria no adult victim of human trafficking received any assistance and that no adult victim was granted a reflection period. A close examination of the Bulgarian legislative framework could explain this unpromising picture. In this article, I develop three arguments in relation to the Bulgarian legislation on protection of trafficked persons. First, in some respects, Bulgaria has failed to fulfil its international obligations. Second, the national legal framework regulating the conditions under which trafficked person are assisted and protected is surrounded by legal …

The New Moral Turpitude Test: Failing Chevron Step Zero, Mary Holper

Mary Holper

In the waning days of the Bush administration, Attorney General Michael Mukasey decided In re Silva-Trevino, in which he reversed over a century of immigration law precedent by creating a new moral turpitude test. He abandoned the well-entrenched "categorical approach," the mechanism by which immigration judges decide whether a noncitizen is removable for a criminal conviction, and allowed judges to engage in a factual inquiry of whether an offense involves moral turpitude. The Attorney General made such a broad, sweeping change through a process that allowed no input from affected parties, including the individual whose case became the new precedent. …

The Recurring Native Response To Global Labor Migration, Patrick W. Thomas

Indiana Journal of Global Legal Studies

For the past few decades, and increasingly in the past few years, U.S. state governments have supplemented federal immigration law with state laws overtly designed to combat the perceived ills stemming from undocumented immigration to the United States. Proponents of these laws justify them on the basis of a normative negativity associated with "illegal" immigration, and negative economic consequences for natives. They further disclaim any discriminatory motive behind the laws, claiming that the laws only target "illegal" immigration.

This note argues that (1) through a comparison with immigration flows and laws arising in the First Era of Globalization in the …

The Affordable Care Act And International Recruitment And Migration Of Nursing Professionals, Helen D. Arnold

Indiana Journal of Global Legal Studies

Through its various provisions, the Affordable Care Act will insure more than thirty million Americans by January 1, 2014. This dramatic increase in coverage will have significant effects on both the U.S. economy and its healthcare system. Nursing professionals make up a large portion of the U.S. healthcare system and with a dramatic nursing shortage already in place, employers increasingly look abroad to fill nursing vacancies. Due to the increasing effects of globalization, foreign nurses have become an integral part of the U.S. healthcare system. This note argues that the increased coverage created by the Affordable Care Act will increase …

Increase Quota, Invite Opportunities, Improve Economy: An Examination Of The Educational And Employment Crisis Of Undocumented Immigrants And Individuals From Abroad, Brittany Fink

Brittany Fink

No abstract provided.

Foreign Investment-Induced Migration In Colombia: Rethinking The Legal Schemes Of Protection And Accountability, Marco A. Velásquez-Ruiz

Marco A. Velásquez-Ruiz

This paper intends to explore the relation between foreign investment and forced Migration in the context of Colombian armed conflict. Through the illustration of recent cases, it shows the various forms in which the operation of multinational corporations has generated adverse effects to the vulnerable communities located at their area of influence, thus generating processes of involuntary human mobility. In that way, it is established that there is a symbiotic relation between conflict and development, affecting the structure and scope of the norms for both the protection of forced migrants and accountability for human rights violations. This is so because …

The Case For Mexican Asylum Seekers Fleeing Cartel Violence, Perry B. Nava

Perry B Nava

The number of Mexican immigrants filing for asylum in the United States is on the rise as cartel violence affects more people each year. The perceived increase in cartel-related, violent crime is displacing people similar to how a war forces displaced refugees out of a country; but the United States is not accepting a great majority of the applications for asylum. This paper explores the more broadly applicable law that protects persecuted people; some of the issues that have simultaneously contributed to increased migration to the United States and aggressive expansion by the drug cartels; the result of the application …

Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman

Bruno PS Van Eck

The majority of migrant workers target those countries in southern Africa that have stronger economies. Irregular migrants are in a particularly vulnerable position, and this article discusses the protection that this category of persons may expect to experience in the southern African region. The authors recommend that the broad notion of “social protection”, rather than the narrower concept “social security” should be emphasized. International, continental and regional instruments providing protection to irregular migrants are traversed and the constitutional and legislative frameworks in relation to social protection in Botswana and South Africa are compared. The article concludes that there are significant …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark however — at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion” — in whatever form that religion may take. In the asylum context, then, “religion” must be …

Reclassifying "Terrorists" As Victims: Integrating Terrorism Analysis Into The Particular Social Group Framework Of Asylum, Emily Naser-Hall

Emily Naser-Hall

After the September 11th terrorist attacks at the hands of al-Qaeda operatives who slipped through the cracks of the US immigration system, immigration and asylum law became increasingly focused on ensuring that potential terrorists are not allowed into the United States. The USA PATRIOT Act and its subsequent legislation created what has become an unyielding bar to admission for any individual who is a member of a terrorist organization or who has committed terrorist activities. While the terrorism bar developed in response to real or perceived threats to US national security and has recently regained public light with the trial …

Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro

Pepperdine Law Review

No abstract provided.

Naked Dishonesty: Misuse Of A Social Security Number For An Otherwise Legal Purpose May Not Be A Crime Involving Moral Turpitude After All, Nathanael C. Crowley

San Diego International Law Journal

This Comment questions whether the misuse of a Social Security number for an otherwise legal purpose is a crime involving moral turpitude. It begins with a history of moral turpitude and its initial connection to immigration law in the United States. Through a close analysis of misuse of a Social Security number for an otherwise legal purpose as a crime involving moral turpitude in modern cases, this Comment will examine the role of fraud and dishonesty in the question. The analysis reveals a critical distinction between crimes involving dishonesty and crimes involving fraud. This distinction shows that crimes involving naked …

Improper Deportation Of Legal Permanent Residents: The U.S. Government’S Mischaracterization Of The Supreme Court’S Decision In Nijhawan V. Holder, Michael R. Devitt

San Diego International Law Journal

The purpose of this Article is to draw attention to the government’s misinterpretation of the central holding in Nijhawan v. Holder and how it has led to the improper dilution of evidentiary standards in removal proceedings when determining the $10,000 threshold loss requirement under section 101(a)(43)(M)(i) of the INA [hereinafter “M(i)”]. Section II of this article provides a brief doctrinal overview and summary of my proposed procedural methodology; sections III and IV provide essential background information regarding the Supreme Court’s important pre-Nijhawan opinions and the inconsistent methods circuit courts have applied when calculating the monetary threshold under the fraud or …

Around The World: Illegal Immigrants And The Cost Of Higher Education In The U.K., Amanda M. Walsh

Children's Legal Rights Journal

No abstract provided.

Global Issues In Immigration Law, Raquel Aldana, Won Kidane, Beth Lyon, Karla M. Mckanders

McGeorge School of Law Teaching Materials

This title is designed to introduce comparative and international perspectives to the study of immigration law and policy. Topics include an introductory discussion of comparative versus international law and the relevance of both to U.S. Jurisprudence; a comprehensive overview of international migration multilateral and bilateral regimes; glimpses into the immigration law and practices of Mexico, Canada, the European Union, the United Kingdom, France, and Spain; and a final part that examines international norms on freedom of movement, the right to nationality, policing, living conditions, immigrant workers and anti-terrorism law.

The Michigan Guidelines On The Exclusion Of International Criminals

Michigan Journal of International Law

With a view to promoting a shared understanding of the proper approach to Article 1(F)(a) exclusion from refugee status, we have engaged in sustained collaborative study and reflection on relevant norms and state practice. Our research was debated and refined at the Sixth Colloquium on Challenges in International Refugee Law, convened in March 2013 by the University of Michigan’s Program in Refugee and Asylum Law. These Guidelines are the product of that endeavor, and reflect the consensus of Colloquium participants on how decision makers can best ensure the application of Article 1(F)(a) in a manner that conforms to international legal …

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 …

Holodomor: Implications On A Neo-Soviet Ukraine, Laura Umetsu

Laura Umetsu

This paper delves behind the Holodomor as genocide, its ties to the lingering tensions between the Ukrainian and Jewish communities, and proposed introduction of its history into modern classrooms.

Freedom From Food: On The Need To Restore Fdr’S Vision Of Economic Rights In America, And How It Can Be Done, Evgeny Krasnov

Evgeny Krasnov

Within the U.S. policy discourse, it has long been taken for granted that the body of human rights law does not—and should not—include economic rights, which include the right to adequate food, shelter, and health care. This is an irony of history, since the origins of modern-day economic rights law lie in the policies advocated by the U.S. President Franklin Delano Roosevelt.

This Article argues that (1) the common justifications for neglecting economic rights are not sound; (2) there is a pressing need to recognize economic rights in the United States; and (3) the best way to do so is …

Assimilation Anxiety: Islamic Migration As A Perceived Threat To Western Cultures, David Barnhizer

David Barnhizer

In this cynical age it is common to smirk at claims about what is sometimes called American Exceptionalism, a term standing for the conclusion that America is an historically distinct (and better) system. To some degree it does represent cultural arrogance founded on assumption rather than fact. It also ignores “exceptionally” dark chapters in American history, including slavery, seizing of lands from Native Americans and imprisoning of US citizens of Japanese descent. Nonetheless it seems that given the diversity of the population and the sheer enormity of the nation that, as stated by an Asian Indian friend who is a …

Consular Notification For Dual Nationals, 38 S. Ill. U. L.J. 73 (2013), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

In a case against the United States brought before the International Court of Justice (ICJ), Mexico sought to protect the rights of fifty-four Mexican nationals who had been arrested in the United States for various crimes and put on trial without being informed of their rights under the Vienna Convention on Consular Relations (VCCR). These fifty-four Mexican nationals all faced the death penalty in various states of the United States. Shortly after filing its case in Avena and Other Mexican Nationals, however, Mexico dropped from the case one Mexican national who was also a citizen of the United States. The …

Recruiting "Super Talent:" The New World Of Selective Migration Regimes, Ayelet Shachar, Ran Hirschl

Indiana Journal of Global Legal Studies

The desire to be great, to make a lasting mark, is as old as civilization itself. Today, it is no longer measured exclusively by the size of a polity's armed forces, the height of its pyramids, the luxury of its palaces, or even the wealth of its natural resources. Governments in high-income countries and emerging economies alike have come to subscribe to the view that in order to secure a position in the pantheon of excellence, it is the ability to draw human capital, to become an "IQ magnet," that counts. Across the globe, countries are vying to outbid one …