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Articles 1 - 14 of 14
Full-Text Articles in Immigration Law
Asylum Under Attack: Restoring Asylum Protections In The United States, Lindsay M. Harris
Asylum Under Attack: Restoring Asylum Protections In The United States, Lindsay M. Harris
Journal Articles
The U.S. asylum system has endured four years of systematic attack. The Trump Administration attempted to dismantle the United States’ system to protect asylum seekers through changes to case law, executive orders, presidential proclamations, internal agency guidance and sweeping regulatory changes, among other measures. The system largely ground to a halt after the Trump Administration co-opted the coronavirus public health crisis to effectively close the southern border to asylum seekers with its March 2020 Centers for Disease Control order. This catastrophic order was not even the last in a long line of the Trump Administration’s efforts since assuming power to …
Echoes Of 9/11: Rhetorical Analysis Of Presidential Statements In The "War On Terror", Bruce Ching
Echoes Of 9/11: Rhetorical Analysis Of Presidential Statements In The "War On Terror", Bruce Ching
Journal Articles
This article examines persuasive statements by Presidents George W. Bush, Barack Obama, and Donald Trump involving appeals to national identity as a rhetorical foundation for anti-terrorism policy since 9/11. Their specific rhetorical methods have included the use of memorable catchphrases, alliteration, metaphorical framing, and contrast between values of the United States and those of the terrorists. President Bush focused on rallying the nation’s response against the perpetrators of the 9/11 attacks, identifying the U.S. with “freedom itself” and invoking the phrase “War on Terror.” President Obama emphasized the importance of the nation’s values while denouncing the Bush administration’s torture of …
Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration, Eunice Hyunhye Cho, Tara Tidwell Cullen, Clara Long
Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration, Eunice Hyunhye Cho, Tara Tidwell Cullen, Clara Long
Department of Homeland Security
In the last three years, the Trump administration has grown the immigration detention system in the United States to an unprecedented size, at times holding more than 56,000 people per day. Since 2017, Immigration and Customs Enforcement (ICE) has anchored this growth in places where immigrants are most likely to be isolated from legal counsel, remain in detention without real opportunity for release, and are more likely to lose their cases. These new detention centers also exhibit patterns of mistreatment and abuse, including medical and mental health care neglect, that have been present since the inception of ICE’s detention system …
How Much Procedure Is Needed For Agencies To Change “Novel” Regulatory Policies?, Ming Hsu Chen
How Much Procedure Is Needed For Agencies To Change “Novel” Regulatory Policies?, Ming Hsu Chen
Publications
The use of guidance documents in administrative law has long been controversial and considered to be one of the most challenging aspects of administrative law. When an agency uses a guidance document to change or make policy, it need not provide notice to the public or allow comment on the new rule; this makes changes easier and faster and less subject to judicial review. Under the Obama Administration, guidance documents were used to implement policy shifts in many areas of administrative law, including civil rights issues such as transgender inclusion and campus sexual harassment and immigration law issues such as …
Law School News: Tough Talk On Asylum 11/22/2019, Michael M. Bowden
Law School News: Tough Talk On Asylum 11/22/2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Abolish Ice . . . And Then What?, Peter L. Markowitz
Abolish Ice . . . And Then What?, Peter L. Markowitz
Faculty Articles
In recent years, activists and then politicians began calling for the abolition of the United States’s interior immigration-enforcement agency: U.S. Immigration and Customs Enforcement (ICE). Many people have misinterpreted the call to “Abolish ICE” as merely a spontaneous rhetorical device used to express outrage at the current Administration’s brutal immigration policies. In fact, abolishing ICE is the natural extension of years of thoughtful organizing by a loose coalition of grassroots immigrant-rights groups. These organizations are serious, not only about their literal goal to eliminate the agency, but also about not replacing it with another dedicated agency of immigration police. Accordingly, …
Lawyers Weekly Newsmaker Reception : November 20, 2019, Roger Williams University School Of Law, Michael M. Bowden
Lawyers Weekly Newsmaker Reception : November 20, 2019, Roger Williams University School Of Law, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan Carle
Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan Carle
Articles in Law Reviews & Other Academic Journals
Legal scholars are becoming increasingly interested in how the literature on implicit bias helps explain illegal discrimination. However, these scholars have not yet mined all of the insights that science on the social brain can offer antidiscrimination law. That science, which researchers refer to as social neuroscience, involves a broadly interdisciplinary approach anchored in experimental natural science methodologies. Social neuroscience shows that the brain tends to evaluate others by distinguishing between "us" versus "them" on the basis of often insignificant characteristics, such as how people dress, sing, joke, or otherwise behave. Subtle behavioral markers signal social identity and group membership, …
Silence And The Second Wall, Ming H. Chen, Zachary New
Silence And The Second Wall, Ming H. Chen, Zachary New
Publications
The Trump administration has made its clarion call “build the wall.” From the start of the presidential campaign to the government shutdown to the declaration of a national emergency, he has made the wall the centerpiece of his immigration enforcement strategy. While the public attention has been riveted on these dramatic episodes at the southern border of the U.S., many more subtle challenges to legal migration have been introduced and implemented. Collectively, these constitute a second wall – one that is invisible to all but the few who have noticed it. This essay explores the distinctive challenges being posed to …
The Sanctuary Of Prosecutorial Nullification, Zohra Ahmed
The Sanctuary Of Prosecutorial Nullification, Zohra Ahmed
Faculty Scholarship
In the aftermath of the 2016 election, the shortcomings of existing sanctuary protections came sharply into focus.1 Historically, cities enacted sanctuary protections to extricate their law enforcement agencies from activities related to federal immigration enforcement. In sanctuary cities, local government agencies are typically restricted from sharing information with federal immigration authorities or from cooperating in apprehending individuals targeted for removal. 2 After the White House issued an Executive Order (EO) in late January 2017, many immigrant rights advocates recognized that external facing policies that proscribed direct cooperation would not suffice. 3 The EO announced that Immigration and Customs Enforcement …
Trump’S Travel Ban At The Supreme Court: Deference Joined By Nudges Toward Civility, Peter Margulies
Trump’S Travel Ban At The Supreme Court: Deference Joined By Nudges Toward Civility, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies
The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The New Era Of Presidential Immigration Law, Michael Kagan
The New Era Of Presidential Immigration Law, Michael Kagan
Scholarly Works
At the dawn of the Obama Administration, Professors Adam Cox and Cristina Rodríguez wrote: “[T]he inauguration of a new President can bring with it remarkable changes in immigration policy.” At the time they wrote that, this proposition was in some ways more a matter of advocacy than a description of reality. As we approach the election of a new president in 2016, we finally live in the world that Professors Cox and Rodríguez advocated. The election of a new President will likely carry significant immediate consequences for immigration policy. My goal in this short space will be to focus on …