Immigration Law Commons^™

Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez

The Scholar: St. Mary's Law Review on Race and Social Justice

Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status quo. This article also proposes remedies such as the cessation of infringement by government agents on the property rights that affected immigrants have on their own bodies and a modern-day amnesty reflective of the Immigration Reform and Control Act of 1986. This article also introduces Bernadette Atuahene’s concept …

Refugee Resettlement In The U.S.: The Hidden Realities Of The U.S. Refugee Integration Process, Bienvenue Konsimbo

Master of Science in Conflict Management Final Projects

From the 1946 to the 1980 Act, more than two million refugees have resettled in the U.S. (Eby, Iverson, Smyers, & Kekic, 2011p.). This has made the U.S. the largest of the 10 resettlement countries (Xu, 2007, p. 38). The U.S. department of state (DOS)’ hope is to give “the refugee a leg up on their journey to self-sufficiency” (Darrow, 2015, p. 92). For these millions of refugees, their expectations are to find “employment, education, to provide a better environment for their children, and to integrate into the community” (Xu, 2007p.38).

However, this pre-package deal is not without repercussions or …

Northwest Immigrant Rights Project, Jorge Baron, Maria Kolby-Wolfe, Kristen Smith Dayley, Twila Bird, Tsos

TSOS Interview Gallery

The Northwest Immigrant Rights Program has been around for 35 years, started in 1984 specifically to help Central American refugees during the mid-1980s, when they were fleeing civil wars. A pro-bono group of attorneys performing "direct legal representation", helping low income community members who are navigating different aspects of the immigration system. NWIRP also engages in "systemic advocacy" which attempts to change systems and policies revolving around asylum and immigration rights.

Ua12/2/1 College Heights Herald, Vol. 95, No. 11 [13], Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. This issue contains articles:

• Chisenhall, Jeremy. WKU Deals Offer Chances to Study in China – Shaanxi Normal University
• Collins, Michael. How DACA Rulings Could Affect WKU Students – Deferred Action for Childhood Arrivals
• Stahl, Matt. WKU Basketball Records Request Heads to In-camera Review
• Burris, Lily. 5 Questions with Dean Larry Snyder
• Lamb, Cassady. Students Can Pay Back Library Fines in a New Way
• Stack, Madalyn. Editorial Cartoon re: Freedom of the Press
• Penalizing the Press – China
• Mattison, Reed. On Ice – SoKY Ice Rink
• Holland, Kelley. Folklore Class …

Deconstructing Perceptions Of The Border Patrol At The U.S.-Mexico Border, Claire H. Woodward

Student Publications

The U.S.-Mexico border is a space for public debate on the legal and political aspects of immigration. Politicization of the southern border has resulted in polarized public opinion regarding immigration, leading to discrepancies between public perceptions of the Border Patrol and agents’ perceptions of their job. Agents’ work requires emotional labor, and lack of training for difficult encounters, pressure within the agency to detach from emotions, and public outcry lead to dissonance in agent perceptions of their own role in immigration enforcement. In addition, economic, ethnic, and gender-based factors contribute to agent identities, which intersect with perceptions of their roles …

Gender-Based Experiences Of Migrant Smuggling At The Us-Mexico Border, Sarah E. Rinehart

Student Publications

The US-Mexico border has been increasing its security measures, which has corresponded with increases in migration. Due to increasing restrictions on who is able to legally migrate, many turn to irregular migration, and the more effective way of achieving irregular migration is through use of a migrant facilitator. Migrant smugglers are individuals who receive compensated for assisting others in crossing a national border through illegal means. In discourses about irregular migration from the media and political, migrant smugglers are typically portrayed as criminalized men who take advantage of vulnerable, victimized women migrants. While the experiences of men and women migrants …

Children Of A Lesser God: Reconceptualizing Race In Immigration Law, Sarah L. Hamilton-Jiang

Northwestern Journal of Law & Social Policy

The increased public exposure to the experiences of Latinx unaccompanied children seeking entry at the United States southern border has revealed the lived reality of the nation’s pernicious immigration laws. The harrowing experiences of unaccompanied children are amplified by their interaction with a legal system plagued by a legacy of systemic racism and sustained racial caste. While immigration law currently affords minimal legal protections for these children, in application, the law continues to fall egregiously short of providing for the safety of unaccompanied children. Though critics have long attested to the legal system’s neglect of unaccompanied children, subsequent legal analysis …

The Middle Ground: A Comparative Study On Mexico And Morocco As Transit And Forthcoming Host Nations, Christina Sarai Roca

Independent Study Project (ISP) Collection

Migration has always existed but has increased with globalization as societies are becoming more interconnected through different mediums, surging the larger scale of movement between borders and the increasing inequalities in wealth between nations. As transit countries, Mexico and Morocco function as nations seen receiving migrants in transit to their countries of destinations. Central American migrants and migrants from the South-of-the-Sahara are two prominent migrant populations in Mexico and Morocco for many years, but due to the increased political discourse, legislation, and increased enforcement at these border regions, these migrants find themselves remaining for extended periods or even settling permanently …

Not-So-Decriminalized: Consequences Of Intersectional Identity For Migrant Sex Workers In Switzerland, Teagan Langseth-Depaolis

Independent Study Project (ISP) Collection

Sex work in Switzerland, which was decriminalized long ago, has been regarded as one of the most liberal systems of sex work in the world. However, this reputation is contested when factoring in the interaction between immigration and sex work policies. Migrant sex workers in Switzerland are put at a precarious intersection of decriminalized sex industry and restrictive migration policy and attitudes, and are not addressed or protected from violations of the law or violations of their human rights. Using databases containing Swiss legislation, I will critically examine the intersectional effects of migration policy and the treatment of migrants on …

Rafi & Patra, Rafi, Patra, Tsos

TSOS Interview Gallery

Rafi and his family have been stuck on the border between Greece and Macedonia for almost four months. They made their way from Afghanistan, received certificates in Greece to help them on their journey, but were then stopped at the border of Macedonia. The Macedonians said that they were no longer allowing Afghans into their country. Now all they can do is wait and hope. In Afghanistan,Rafi was a military man. As a young man, he was a part of the Revolution army, but later was made a soldier for the Government Security of Kabul. During that time, he was …

Sueños De Tánger: Extraterritorial Basque Crime Fiction On Immigration To Spain, Shanna Lino

Studies in 20th & 21st Century Literature

As the world increasingly turns its attention to the European refugee crisis and to the 1.8 million who have arrived on that continent since 2014 as a consequence of being forced to flee their native countries’ war-torn cities and villages, questions continue to arise regarding the ethical and political responsibilities of Western nations to facilitate this exodus and to provide refugee and immigration services en route and at destination. Spain remains the intended port of arrival for thousands of Malians, Mauritanians, Moroccans, and Western Saharans who sometimes manage to escape war and extreme poverty only to find themselves stalled on …

Cnn Coverage Scotus Decline To Expedite Daca

Litigation

No abstract provided.

Justices Reject Expedite Daca

Litigation

No abstract provided.

Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten

Criminology and Criminal Justice Faculty Publications

This article analyses United States (US) federal court jurisprudence to determine the legal rights of unaccompanied alien children (UAC) in various stages of immigration enforcement proceedings. After briefly discussing statistics on UAC in the US, it explains the legal context of US laws governing unaccompanied minors. Through examining 40 cases decided by the 12 US Circuit Courts of Appeals and various federal district courts, the article specifies how these courts interpreted and expanded on the procedural legal rights of UAC upon apprehension by immigration officials, during placement or detention decisions of the Office of Refugee Resettlement (ORR), prior to voluntary …

Marta, Marta, Tsos

TSOS Interview Gallery

Marta is a member of the support community for Central American refugees arriving in the southwest US. In this interview, Marta shares her own story of crossing the border at a young age with her daughter and her life in the US. Marta was self-employed for many years and later went on to serve in the US Army in Iraq. For the last 9 months, she and her husband Israel and son Josue have worked tirelessly to help make sure the current refugees arriving are cared for after they are released from detention centers and begin their lives in the …

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …

Dha V Casa De Maryland Motion To Expedite

Litigation

No abstract provided.

Bill Clinton, George W. Bush, And Immigration Policy: How 9/11 Transformed The Debate Over Illegal Immigration, Robert Nelsen

War, Diplomacy, and Society (MA) Theses

Since the terrorist attacks of September 11, 2001, Americans have been at war against some form of terrorism both at home and abroad. This includes abuses of federal immigration laws and policies that relate to legal and illegal immigration with Mexico. It is easily substantiated that thousands of Americans have died at the hands of illegal immigrants from Mexico through criminal activity in the United States or through illegal drug trafficking. This thesis considers whether the immigration policies of Presidents Bill Clinton and George W. Bush were at fault for not properly securing the border prior to these attacks. Specifically, …

California Rural Legal Assistance Employment Education Outreach Project, Daisy Leon Melendrez

Capstone Projects and Master's Theses

California Rural Legal Assistance is a nonprofit law firm that provides no cost legal services to low-income individuals in Santa Cruz County. The social problem is that too many workers face employment rights violations. The agency problem is a reduction in the number of people seeking employment legal services from CRLA. This outreach project focused on spreading awareness of CRLA’s employment legal services by attending local grocery stores and farmer’s market, with the purpose of promoting agency’s services to the community. Agency materials were distrusted and a questionnaire was used to determine why people are not seeking CRLA legal services. …

Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski

Dissertations, Theses, and Capstone Projects

This case study introduces an arts camp methodology of engaging communities in identifying their key cultural heritage features, thus serving as a meta study. It presents original research based on field studies on the climate-vulnerable Caribbean island of Barbuda during 2017 and 2018. Its Valued Cultural Elements survey, enabling precise identification of key tangible and intangible art forms and biocultural practices, may serve as a basis for further studies. Such approaches may facilitate future research or planning as climate-vulnerable communities harness Local or Indigenous Knowledge for purposes of biocultural heritage preservation, or towards adaptation or relocation. I report on findings …

British Government Information Resources, Bert Chapman

Libraries Faculty and Staff Creative Materials

Provides an overview of British Government information resources. Contents include basic British economic and political background and information from British Government websites including the Department of Environment, Food, and Rural Affairs (DEFRA), Brexit related material produced by British government agencies such as the Department for Exiting the European Union,, the Ministry of Defence, the National Museum of the Royal Navy, the Home Office Visas and Immigration Section, the Office of National Statistics, Her Majesty's Treasury, the British Parliament including parliamentary committees and research agencies, the website of Member of Parliament (MP) Jacob Rees-Mogg (Conservative-North East Somerset), a webcast of House …

Bodies And Borders: Navigating Colonial And Capitalist Desires In Trinidad And Tobago, Hannah Grosberg

Senior Theses and Projects

Colonialism/capitalism1 continue to create and exploit a dehumanised labour population in the pursuit of profit and power. The current formation of such a population is formed through heterosexist, xenophobic and racist ideologies revealed in the discourses and practises surrounding the (mis)treatment of refugees, as well as sex tourism and human trafficking in Trinidad and Tobago. The legal backbone of these three modern expressions of colonialism/capitalism in Trinidad and Tobago are the Sexual Offenses Act, the Trafficking in Persons Act, and the Immigration Act. In effect, undocumented migrants, refugees, and sex workers are criminalised, barred access to human rights, and become …

Supplying Slaves: The Disguise Of Greener Pastures: An Exploratory Study Of Human Trafficking In Uganda, Kyla Johnson

Independent Study Project (ISP) Collection

The purpose of this study was to evaluate labor migration in Uganda with a specific focus on the role labor recruitment agencies play in transporting people and how certain circumstances such as lack of knowledge of safe migration can leave people vulnerable to human trafficking. Labor externalization is beneficial specifically for developing countries because it provides jobs for the robust and available labor in these countries. Nonetheless, when reports appear that young girls are stranded abroad in the middle east after being taken there for work, labor recruitment agencies are first to receive the blame. Although Uganda issued a ban …

Refuge In A Place Without Refugees, Jane Roarty

Independent Study Project (ISP) Collection

The question of who should be given legal status as a refugee has consistently been veiled in discussions of ‘practicality,’ political motives, and inaction. Centered in these discussions tend to be state officials, international organization officials, and academics. More importantly, typically excluded from this assembly of decision makers and the thinkers are those actually and personally affected by the specifics of the term. In Jordan, this discussion is particularly interesting because the government does not legally recognize refugees since the United Nations refused to recognize Palestinians under the 1951 Convention definition. This paper aims to unpack the term refugee: both …

Tracing Race Through The Narrative Of A Oaxacan Ex-Bracero, Carlina Green

Independent Study Project (ISP) Collection

On March 21st, 2019, I was at a birthday lunch for my host mother at her parents’ house in Oaxaca de Juárez, Mexico, where I am currently studying abroad. Her father began to ask me about the normal meal times in the United States, and shared that he had witnessed this cultural difference firsthand during his time as a migrant worker in the United States. I asked him more questions and learned that he had first gone to Chesterfield, Missouri as a participant in the bracero program in 1953 and later to Los Angeles as an undocumented migrant in the …

The Understandings And Human Cost Of ‘Prevention Through Deterrence,’ As Seen Amongst Advocates In The United States And Mexico, Margaret Edwards

Independent Study Project (ISP) Collection

In the last two years of President Donald Trump and his administration, immigration and border regulations between the United States (US) and Mexico has become one of the most decisive and hottest political issues. This political struggle has brought into question US border practices and strategies such as physical barriers, denial of entry, detention, and, most importantly, how the US should respond to immigration. In reality, though, this question has existed since immigration along the US-Mexico border began.

In this paper, I examine a 1994 US Border Strategy, first introduced under President Bill Clinton, called ‘Prevention Through Deterrence.’ This border …

The Declaration Of Independence And Immigration In The United States Of America, Kenneth M. White

Kenneth White

The United States has always been a nation of immigrants, and immigration policy has always been controversial. The history of immigration in the United States is contrasted in this article with a normative standard of naturalization (immigration policy) based on the Declaration of Independence. The current immigration debate fits within a historical pattern that pits an unrestricted right of immigration (the left) against exclusive, provincial politics (the right). Both sides are simultaneously correct and incorrect. A moderate policy on immigration is possible if the debate in the United States gets an infusion of what Thomas Paine called "common sense."

Modina, Modina, Tsos

TSOS Interview Gallery

Modina fled Myanmar after experiencing and witnessing extreme violence, including the destruction of her village and the violent murder of her uncle by soldiers. She arrived in Bangladesh by boat after paying smugglers a large sum.

Asma, Asma, Tsos

TSOS Interview Gallery

Asma is a teenager who fled from Myanmar after the army killed her uncle and her village was destroyed. She is now living in Cox’s Bazaar, married, pregnant, and trying to cope in a world where violence and rape are all too common.

Nidar, Nidar, Tsos

TSOS Interview Gallery

Nidar has been in Cox’s Bazaar for 8 months and works in Hope Hospital (the camp hospital) as a traditional birth attendant. In addition, she makes house calls to pregnant women throughout the camp who are fearful of hospitals due to past trauma and sexual torture. Nidar has two children and a husband who fell victim to war.