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- Refugee Law & Migration Studies Brief (5)
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Articles 1 - 30 of 33
Full-Text Articles in Immigration Law
Is "Guatemalan Women" A Viable Particular Social Group For Asylum Petitions? Circuit Split Between The United States Courts Of Appeal For The Ninth And Third Circuits, Jazmin Moya
Refugee Law & Migration Studies Brief
No abstract provided.
The Distinction Between Refugee Populations In Lebanon: A Look Into Lebanon's Treatment Of Palestinian Refugees Since 1948 Versus Its Treatment Of Syrian Refugees Since 2011, Mia Bodell
Refugee Law & Migration Studies Brief
No abstract provided.
The European Union Agency For Asylum: A Promising Improvement Or Vestige Of The European Asylum Support Office?, Alexandra Tarzikhan
The European Union Agency For Asylum: A Promising Improvement Or Vestige Of The European Asylum Support Office?, Alexandra Tarzikhan
Refugee Law & Migration Studies Brief
No abstract provided.
Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla
Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla
Refugee Law & Migration Studies Brief
No abstract provided.
Letter From The Editor, Isabella Zink
Letter From The Editor, Isabella Zink
Refugee Law & Migration Studies Brief
No abstract provided.
Where Kindness Is Calculated: Refugee Regimes In South Asia, Shuvro Prosun Sarker, Shreyasi Bhattacharya
Where Kindness Is Calculated: Refugee Regimes In South Asia, Shuvro Prosun Sarker, Shreyasi Bhattacharya
Indonesian Journal of International Law
South Asia, as part of SAARC treaty, comprising of nations such as Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka is not a part of any common system of governance in protecting refugee. These nations have developed their own preference of protection through their practices coupled with mysterious unwillingness to accept international obligations and responsibilities while choosing certain refugee groups to welcome and certain to refuse. Based on this, the article starts with the proposition that this kind of a preferential protection practice that these States have adopted largely, refers to a regime of calculated kindness that …
Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan
Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan
UNH Sports Law Review
No abstract provided.
Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty
Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty
UNH Sports Law Review
No abstract provided.
Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi
Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi
UNH Sports Law Review
No abstract provided.
Table Of Contents, Editorial Board
Masthead, Editorial Board
Immigration And Naturalization, Kevin J. Fandl, Betina Schlossberg, Stewart Chang Chang, Sabrina Damast, Anju Gupta, Pooja Mehta, Samantha Rumsey
Immigration And Naturalization, Kevin J. Fandl, Betina Schlossberg, Stewart Chang Chang, Sabrina Damast, Anju Gupta, Pooja Mehta, Samantha Rumsey
The Year in Review
No abstract provided.
Asylum-Seekers Are Not Bananas Either: Limitations On Transferring Asylum-Seekers To Third Countries, Tally Kritzman-Amir
Asylum-Seekers Are Not Bananas Either: Limitations On Transferring Asylum-Seekers To Third Countries, Tally Kritzman-Amir
Michigan Journal of International Law
Despite the similarities between the movement of people and the movement of goods, many developed nations have maintained high barriers to migration even as barriers to trade have fallen sharply. However, as Jennifer Gordon points out, both bilateral and multilateral treaties governing migration have proliferated within this weaker global patchwork of regulation. For example, the ability of developed states to gain concessions on other matters such as trade or investment has led to the proliferation multilateral agreements, while bilateral agreements have arisen due to a desire to refrain from integrating migrant workers in destination states.
This paper focuses on a …
Regional Immigration Enforcement, Fatma Marouf
Regional Immigration Enforcement, Fatma Marouf
Faculty Scholarship
Regional disparities in immigration enforcement have existed for decades, yet they remain largely overlooked in immigration law scholarship. This Article theorizes that bottom-up pressure from states and localities, combined with top-down pressures and policies established by the President, produce these regional disparities. The Article then provides an empirical analysis demonstrating enormous variations in how Immigration and Customs Enforcement’s twenty-four field offices engage in federal enforcement around the United States. By analyzing data related to detainers, arrests, removals, and detention across these field offices, the Article demonstrates substantial differences between field offices located in sanctuary and anti-sanctuary regions, as well as …
Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama
Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama
University of Miami Inter-American Law Review
For more than six million Venezuelans, crossing international borders has become imperative to ensuring security and a livelihood that their country has failed to assure. These migrants and refugees, particularly young women and children, are vulnerable to many depredations, criminal acts, and the risk of becoming trafficking victims for forced labor and sexual slavery. This article focuses on State responsibility for migrant populations and analyzes conditions in Venezuela that caused a massive migration, the conditions in Colombia as a host State, the uncertain status of Venezuelan migrants in Colombia, and human trafficking and its impact on the migrant population.
Immigration And Naturalization, Nicole Hallett, Christina J. Martin, Sabrina Damast, Amelia Steadman Mcgowan, Christopher N. Lasch
Immigration And Naturalization, Nicole Hallett, Christina J. Martin, Sabrina Damast, Amelia Steadman Mcgowan, Christopher N. Lasch
The Year in Review
No abstract provided.
Brignoni-Ponce And The Establishment Of Race-Based Immigration Enforcement, Isabel Skilton
Brignoni-Ponce And The Establishment Of Race-Based Immigration Enforcement, Isabel Skilton
Washington International Law Journal
United States v. Brignoni-Ponce solidified the racist enforcement of United States immigration laws by allowing “Mexican appearance” to be a factor forming reasonable suspicion in a roving patrol. The United States Supreme Court rationalized race-based immigration enforcement by relying on erroneous immigration demographics and a misconstrued notion of serving the public interest. This comment demonstrates that the rationales provided by the Supreme Court are illogical, discriminatory, and harmful to communities of color. This comment analyzes the impacts of race-based discrimination and provides alternatives which may cabin the impact of Brignoni-Ponce. Aside from overruling Brignoni-Ponce in its entirety, a probable cause …
No Refuge For The Sick: How The Eu's Health-Based Non-Refoulement Standard Compounds The Exclusionary Nature Of International Refugee Law, Cassandra Baker
No Refuge For The Sick: How The Eu's Health-Based Non-Refoulement Standard Compounds The Exclusionary Nature Of International Refugee Law, Cassandra Baker
Washington International Law Journal
The COVID-19 pandemic poses grave threats to the life and health of asylum seekers in Europe. Many potential asylees are forced to reside in cramped, unsanitary facilities and do not have adequate access to medical treatment. On top of these dangers, many are likely to be denied asylum due to the stringency of international refugee law and European Union (“EU”) asylum procedures. As a result, a number of these asylum seekers will turn to Article 3 of the European Convention on Human Rights, which provides broader non-refoulement protections. However, even Article 3, as currently interpreted by the European Court of …
Refoulement As Pandemic Policy, Haiyun Damon-Feng
Refoulement As Pandemic Policy, Haiyun Damon-Feng
Washington International Law Journal
COVID-19 restrictions on access to asylum likely violate non-refoulement obligations under international and federal law, and while they are extreme, they are not unique. There is a small but growing body of scholarly literature that rightly argues that such policies are pretextual covers used to enact restrictive immigration policy goals, but these arguments generally arise from an ahistorical perspective. This article positions restrictive COVID immigration policies in a broader historical context and argues that the United States has a long history of weaponizing fear of disease and contagion from migrants to justify restrictive immigration policies. The article offers a historical …
Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania
Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania
Faculty Scholarship
The concept of sovereignty in international law allows states to exclude and expel most categories of migrants, subject only to very narrow exceptions from international human rights and refugee law. Inverting the state sovereignty paradigm traditionally used to exclude migrants, this Essay reimagines sovereignty to protect migrants by drawing on the international law doctrine of state responsibility. The doctrine of state responsibility requires states to remedy the consequences of their actions in violation of international law. States that violate the sovereignty of other states, more specifically their territorial integrity or political independence, and thereby cause forced migration should have an …
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 Migrant Protection Protocols: Two Administrations, One Outcome, Alexandria Doty
The Migrant Protection Protocols: Two Administrations, One Outcome, Alexandria Doty
Immigration and Human Rights Law Review
Immigrants have long seen the southern border of the United States as the last stop before they are able to enter the land of the free. The Department of Homeland Security, however, strives to make the southern border as inhospitable as possible to those hoping to cross. The Migrant Protect Protocols is the latest attempt from Washington to block access to the United States to immigrants who are detained by forcibly returning them to Mexico to await their deportation proceedings. While Americans have read stories of families being torn apart at the border or listened to interviews of politicians promising …
Taking Arlington To New Heights: The Carrillo-Lopez Decision, Caroline Henneman
Taking Arlington To New Heights: The Carrillo-Lopez Decision, Caroline Henneman
Immigration and Human Rights Law Review
Former President Trump campaigned on a promise to build a wall between the United States and Mexico. Though President Trump did not fulfill this promise, he highlighted the amount of unchecked power his administration had over immigration law through policy enactments. Throughout the centuries, various Presidents and sessions of Congress utilized this unbridled power to discriminate against migrants on the basis of race. In 1952, Congress enacted the Immigration and Nationality Act, which repealed several explicitly racist requirements but overlooked other racially charged laws from prior statutes, such as criminally punishing unlawful re-entry found in 8 U.S.C. §1326. On August …
Immigration And Naturalization, Kevin J. Fandl, Sabrina Damast, Mayra C. Artiles, Poorvi Chothani, Cliodhna Murphy
Immigration And Naturalization, Kevin J. Fandl, Sabrina Damast, Mayra C. Artiles, Poorvi Chothani, Cliodhna Murphy
The Year in Review
No abstract provided.
An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell
An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell
Center for the Human Rights of Children
The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …
Guide On Multisectional Responses For The Protection Of Migrants, Refugees, And Internally Displaced Persons During And After The Covid-19 Pandemic, Diego Rodriguez-Pinzon, Claudia Martin
Guide On Multisectional Responses For The Protection Of Migrants, Refugees, And Internally Displaced Persons During And After The Covid-19 Pandemic, Diego Rodriguez-Pinzon, Claudia Martin
Reports
The Guide on Multisectoral Responses for the Protection of Migrants, Refugees, and Internally Displaced Persons during and after the COVID19 pandemic is an initiative of the Department of Social Inclusion of the Secretariat for Access to Rights and Equity of the Organization of American States (OAS) that offers a situational analysis and promotes a dialogue on proposals to address the particular needs of migrants, refugees, and internally displaced persons in the face of the emergency generated by COVID-19. It also seeks to define proposals with a post-pandemic perspective that provide multisectoral responses to address the needs of vulnerable populations.
This …
Refugees Under Duress: International Law And The Serious Nonpolitical Crime Bar, David Baluarte
Refugees Under Duress: International Law And The Serious Nonpolitical Crime Bar, David Baluarte
Scholarly Articles
Congress intended that the serious nonpolitical crime bar under United States asylum law have the same meaning and scope as the 1F(b) Refugee Convention exclusion clause. The Supreme Court has repeatedly held that it was the intent of Congress to not only replicate the language of the provisions of the Refugee Convention in United States law, but to incorporate the full extent of the meaning of such language and bring the United States into compliance with its treaty obligations. Accordingly, when Congress reproduced exactly the language of the Article 1F(b) exclusion clause in the INA, it intended for that provision …
A New Narrative Of Statelessness, David Baluarte
A New Narrative Of Statelessness, David Baluarte
Scholarly Articles
Statelessness: A Modern History by Dr. Mira Siegelberg offers a meticulous reconstruction of the varied contributions of artists, scholars, and policy makers to the understanding of statelessness in the years between the First and Second World Wars. Siegelberg situates statelessness in some of the most prominent debates about international law and relations in modern history, most notably whether the individual is an appropriate subject of international law and whether a political order beyond the confines of the nation-state is desirable.
Hernández V. Mesa: A Case For A More Meaningful Partnership With The Inter-American Commission On Human Rights, Peyton Jacobsen
Hernández V. Mesa: A Case For A More Meaningful Partnership With The Inter-American Commission On Human Rights, Peyton Jacobsen
Seattle University Law Review
Through an in-depth examination of Hernández, the Inter-American Human Rights System, and the success of Mexico’s partnership with said system, this Note will make a case for embracing human rights bodies— specifically, the Inter-American System on Human Rights—as an appropriate and necessary check on the structures that form the United States government. Part I will look closely at the reasoning and judicially created doctrine that guided the decision in Hernández, with the goal of providing a better understanding of the complicated path through the courts that led to a seemingly straightforward yet unsatisfying result. Part II will illustrate the scope …