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Full-Text Articles in Immigration Law

The Impact Of Federalism On Immigration: A Reconstruction Of The System To Alleviate The Immigration Crisis In America, Theresa Lam May 2024

The Impact Of Federalism On Immigration: A Reconstruction Of The System To Alleviate The Immigration Crisis In America, Theresa Lam

Senior Honors Theses

Illegal immigration is a complex and relevant issue in the United States. In particular, its long-term implications for American communities has elevated its significance. Within America’s federalist system, the immigration dilemma has raised tension among federal, state, and local governments, which have different perspectives on how to approach the matter. The federal government is responsible for enforcing immigration laws but delegates numerous immigration responsibilities to state and local law enforcement. However, the degree to which local officials should cooperate with federal authorities is the subject of intense debate. Should immigration enforcement be a federal or local responsibility? Under federalism and …


Hablando Sobre Inmigración: How Members Of The House Of Representatives In 118th Congress Frame The Issue Of Immigration, Guadalupe Castañeda Martinez Jan 2024

Hablando Sobre Inmigración: How Members Of The House Of Representatives In 118th Congress Frame The Issue Of Immigration, Guadalupe Castañeda Martinez

History and Political Science | Senior Theses

Historically, Immigration has played a critical role in forming the nation’s identity, economic prosperity, and promoting cultural diversity. Considering that the issue of Immigration has been in the news and is considered by many to be important and in need of policy solutions, little progress has been made on passing comprehensive immigration reform since the 113 th Congress in 2013. How members of Congress talk about Immigration is important because framing can influence public opinion, shaping perceptions of the issue and affecting policy decisions. Members may use their platform to communicate how they think about policy issues. Research has been …


Un País Invertido: The Current Immigration Regime Of Colombia, Magdalena Hendrickson May 2023

Un País Invertido: The Current Immigration Regime Of Colombia, Magdalena Hendrickson

Honors Theses

Throughout its turbulent history, Colombia has seen drastic changes in structure and administration. From military coups to shaky coalitions, the country’s infamous instability has long forced its citizens to find better prospects elsewhere. However, with the rise of the Maduro administration in Venezuela, Colombia faced a massive new flow of migrants and was forced to rectify current circumstances without properly addressing its internal issues beforehand. Despite its historical status as a nation of emigrants, Colombia marks a new norm for the rest of the globe. As new issues like climate change and increased armed conflict grow worldwide, countries on the …


The Rise And Fall Of Daca: An Audio Series, Dulce Garcia Apr 2023

The Rise And Fall Of Daca: An Audio Series, Dulce Garcia

Honors Theses

The history of Deferred Action for Childhood Arrivals, commonly known as DACA, is a tumultuous one. In 2012, when President Obama created DACA through an executive order it gave relief to hundreds of thousands of people who were brought to the United States as children without their knowledge, giving them a range of benefits like never before including a work permit, a social security number, protection from deportation, and others. Yet, these last ten years the program has stood on shaky grounds with constant court battles canceling, reinstating or partially rolling the program. This audio series will give a deep …


The Multi-Dimensional Relationship Between Immigration Policies And Mexican Migrant Women: A Cycle Of Violence, Vulnerabilities, And Sobreviviencia, Jasmine Perales, Jasmine Perales Jan 2023

The Multi-Dimensional Relationship Between Immigration Policies And Mexican Migrant Women: A Cycle Of Violence, Vulnerabilities, And Sobreviviencia, Jasmine Perales, Jasmine Perales

CMC Senior Theses

Thousands of migrants have died at the United States/Mexico border. This paper analyzes how the current crisis at the border came to be, specifically focusing on the experiences of Mexican migrant women. An analysis of race, racial scripts, and illegality shows how these inform immigration policies and negatively impact migrants. Decades worth of draconian immigration policies have militarized the border and continued to reinforce negative racial scripts of migrants. By centering the testimonies of Mexican migrant women, their structured vulnerabilities come to the forefront as a direct result of immigration policies. Reform of the immigration system needs to occur to …


Why Are We Not Worth Saving? Latin American Immigrant Women's Experiences With Post-9/11 Crimmigration Policies And Asylum-Seeking In The United States, Kaye Romans Jan 2023

Why Are We Not Worth Saving? Latin American Immigrant Women's Experiences With Post-9/11 Crimmigration Policies And Asylum-Seeking In The United States, Kaye Romans

Undergraduate Honors Theses

This thesis discusses Crimmigration—the convergence of criminal policies and immigration law—in a post-9/11 world as it relates to Latin American Immigrant women seeking asylum in the United States. Utilizing case law, legislation, and legal scholarship, I situate these policies in the broader context of immigration law both nationally and internationally, focusing on key post-9/11 legislation and policies such as Operation Streamline, Operation Liberty Shield, and Title 42, as well as key post-9/11 case law dealing with Latin American women seeking asylum in the United States. With these foundational understandings, I provide possible solutions that would lessen the harms presented to …


¿Por Qué No Vale La Pena Salvarnos? Experiencias De Mujeres Inmigrantes Latinoamericanas Con Políticas De Inmigración Post-9/11 Y Solicitantes De Asilo En Los Estados Unidos, Kaye Romans Jan 2023

¿Por Qué No Vale La Pena Salvarnos? Experiencias De Mujeres Inmigrantes Latinoamericanas Con Políticas De Inmigración Post-9/11 Y Solicitantes De Asilo En Los Estados Unidos, Kaye Romans

Undergraduate Honors Theses

Esta tesis aborda la Crimmigration—la convergencia de las políticas criminales y la ley de inmigración—en un mundo post-9/11 en lo que se refiere a las mujeres inmigrantes latinoamericanas que buscan asilo en los Estados Unidos. Utilizando la jurisprudencia, la legislación y la erudición legal, sitúo estas políticas en el contexto más amplio de la ley de inmigración tanto a nivel nacional como internacional, centrándome en la legislación y políticas claves posteriores al 9/11 tales como la Operation Streamline, la Operation Liberty Shield y el Title 42, así como la jurisprudencia clave posterior al 9/11 que trata con las mujeres latinoamericanas …


Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas Dec 2022

Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas

CISLA Senior Integrative Projects

Since 2016, the increasing number of refugees in Europe accelerated the development of national and regional policies to determine their rights and access to resources. Against this backdrop, the strong politicization of migration, and the recent financial crises, refugees' access to welfare has “become a key area of concern across European democracies” (Lafleur et al. 2020). Considering public education programs as a pillar of social policy agendas in this region, this study examines French policy in order to answer the following questions: How do French immigration and education policies converge to determine refugees’ access to higher education in France? What …


Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate May 2022

Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate

St. Mary's Law Journal

Abstract forthcoming.


Forgotten Immigrant Voices: West Indian Immigrant Experiences And Attitudes Towards Contemporary Immigration, Danielle Cross May 2022

Forgotten Immigrant Voices: West Indian Immigrant Experiences And Attitudes Towards Contemporary Immigration, Danielle Cross

Honors Scholar Theses

Scholarly work and media coverage both point to the negative effect that the rhetoric and policy of former US President Donald Trump had on the lived experience and wellbeing of immigrant groups explicitly targeted by it (i.e., the “Trump effect”). Typically, the focus has been on Muslim and Latino immigrants as well as those less-explicitly targeted but still affected by Trump-era policies, such as temporary workers. This thesis explores whether Black immigrants from the English-speaking Caribbean, a group notably missing from the literature of “Trump effects” on immigrant experiences, experienced similar attitudinal or practical effects as a result of contemporary …


Historical Underpinnings And Consequent Effects Of Labor Exploitation Of Mexican And Central Americans In The United States, Andrew Elkins May 2022

Historical Underpinnings And Consequent Effects Of Labor Exploitation Of Mexican And Central Americans In The United States, Andrew Elkins

World Languages, Literatures and Cultures Undergraduate Honors Theses

The experience immigrants have today working and living in the southern United States is defined by systems that have developed out of lingering racist attitudes and reactions toward these individuals. The flow of people across the U.S.-Mexico border has a long history, and it is characterized by patterns that have continued from early guest worker programs to the present-day flow of migrants, both legal and undocumented. Also continually present is the racialization of these migrants, which has often forced them to work and live as marginalized members of American society. This project will explore the establishment of Mexican American citizen …


The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson Apr 2022

The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson

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

Unaccompanied minors arrive at the United States border every day. Many brought by the hope of finding a life lived without fear, a luxury many United States citizens take for granted. Their truths become the barriers and shackles which keep them in detention centers and unaccompanied minor facilities throughout the United States; children find their very words wielded as weapons against them in immigration court. Words often spoken to therapists in perceived confidence, during counseling sessions. This practice is a systemic failure to protect unaccompanied minors arriving at our borders who are seeking protection and help. The United States …


Denmark And Sweden: The Collision Between Welfare State Politics And Immigration, Amy Elizabeth Cantrell Apr 2022

Denmark And Sweden: The Collision Between Welfare State Politics And Immigration, Amy Elizabeth Cantrell

Student Publications

The Scandinavian welfare states of Denmark and Sweden have famously similar socio-political and cultural systems, ones which have advanced the common perception of these nations as united in a common humanitarian and progressive global position. However there exists a significant divergence within either nation’s approach to immigration, asylum and integration policy, one indicative of the deeply ingrained deviations in popular understandings of national belonging and perspectives on greater European and global integration. By contextualizing the historical progressions of either nation and juxtaposing their individual responses to both the 2015 European refugee crisis and the contemporary Ukrainian conflict and resulting refugee …


'Indirect Pathways Into Practice': Philippine Internationally Educated Nurses And Their Entry Into Ontario's Nursing Profession, Lualhati Marcelino Jan 2022

'Indirect Pathways Into Practice': Philippine Internationally Educated Nurses And Their Entry Into Ontario's Nursing Profession, Lualhati Marcelino

Theses and Dissertations (Comprehensive)

While there are several studies that highlight the quantitative and statistical profiles of internationally educated nurses (IENs) from the Philippines who migrate to countries throughout Asia, the Middle East, Europe, the United States and Canada, there is little research that delves deeply into the qualitative review and analysis of their experiences in their own words. This study addresses that gap by applying the transnational feminist concept of “global care chains” in a single case study design that explores the experience of nurses who migrated to Ontario through permanent and temporary immigration streams and were interviewed in 2011 to 2012 to …


Undocuamerica Monologues, Motus Theater, Alejandro Fuentes Mena, Armando Peniche, Christian Solano-Córdova, Kirsten Wilson Jan 2022

Undocuamerica Monologues, Motus Theater, Alejandro Fuentes Mena, Armando Peniche, Christian Solano-Córdova, Kirsten Wilson

University of Colorado Law Review

The following work contains three monologues from Motus Theater's UndocuAmerica Project, which aims to interrupt dehumanizing portrayals of immigrants by encouraging thoughtful engagement on the challenges faced by undocumented communities and the assets immigrants bring to our country. The monologues were created in a collaboration between leaders with DACA status and Motus Theater Artistic Director Kirsten Wilson during a seventeen-week autobiographical- monologue workshop. All three pieces were presented in a virtual performance on April 8, 2021, as an introduction to the 29th Annual Rothgerber Conference.


White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis Jan 2022

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does not have …


Witnessing Anew: Human Rights Advocacy For Migrants At The U.S. Southern Border In Covid-19 Times, Ellen Maccarone Dec 2021

Witnessing Anew: Human Rights Advocacy For Migrants At The U.S. Southern Border In Covid-19 Times, Ellen Maccarone

Biennial Conference: The Social Practice of Human Rights

In this paper I provide a case study of transnational migrant advocacy done by the Kino Border Initiative during the COVID-19 pandemic. Shortly before the pandemic I spent a week with KBI for an immersion experience part of which focused on the ideas of human rights advocacy and witnessing. “Witness” in this context has both a spiritual/moral dimension and an experiential one that can form a foundation for advocacy. Using accounts of migrants to inform and humanize changed when interpersonal witnessing became impossible during the pandemic. This increased the levels of human rights abuses experienced by migrants and limited the …


The Truth About The Southern Border And The History Of Anti-Black U.S. Immigration Polic, Keriann Stout, Miriam Lacroix Oct 2021

The Truth About The Southern Border And The History Of Anti-Black U.S. Immigration Polic, Keriann Stout, Miriam Lacroix

Social Justice Week

A presentation about the human rights violations taking place at the southern border against Haitian immigrants and how this situation fits into a long history of anti-Black immigration policies in the United States.


What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram Jul 2021

What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram

Philosophy: Faculty Publications and Other Works

Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body …


Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman Jun 2021

Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman

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

Abstract forthcoming.


Untold Stories Of The African Diaspora: The Lived Experiences Of Black Caribbean Immigrants In The Greater Hartford Area, Shanelle A. Jones May 2021

Untold Stories Of The African Diaspora: The Lived Experiences Of Black Caribbean Immigrants In The Greater Hartford Area, Shanelle A. Jones

University Scholar Projects

The African Diaspora represents vastly complex migratory patterns. This project studies the journeys of English-speaking Afro-Caribbeans who immigrated to the US for economic reasons between the 1980s-present day. While some researchers emphasize the success of West Indian immigrants, others highlight the issue of downward assimilation many face upon arrival in the US. This paper explores the prospect of economic incorporation into American society for West Indian immigrants. I conducted and analyzed data from an online survey and 10 oral histories of West Indian economic migrants residing in the Greater Hartford Area to gain a broader perspective on the economic attainment …


Life Through The Eyes Of An Undocumented Immigrant In The United States, Yesenia Torres May 2021

Life Through The Eyes Of An Undocumented Immigrant In The United States, Yesenia Torres

Electronic Theses, Projects, and Dissertations

This research project focused on how undocumented immigrants experience their lives in the United States, taking in mind the multiple barriers that prevent them from integrating into the community. This research project surveyed the California State University of San Bernardino School of Social Work students who work or engage with undocumented immigrants. A positivism paradigm research design was used to obtain quantitative data of participant's knowledge of immigrants' past and present experiences while living in the United States. The study's goal was to bring mental health awareness to the well-being and emotional experiences during the resettlement and acculturation of undocumented …


Immigration Offenses Throughout Federal Sentencing: An Analysis Of The Impact Of Political Affiliation Among Districts, Robin Hood Jan 2021

Immigration Offenses Throughout Federal Sentencing: An Analysis Of The Impact Of Political Affiliation Among Districts, Robin Hood

All Master's Theses

Immigration has remained one of the most controversial political debates throughout the United States. Research has yet to fully examine the effects of political affiliation of federal districts on sentencing outcomes for specific immigration offenses. To fill the gaps in research, this study compares political affiliation of federal districts among immigration offenses to determine variations in sentencing outcomes. Data included Presidential and House of Representative votes for the 2016 election and Monitoring of Federal Sentencing for the fiscal years of 2015-2016. Analysis includes case processing/legal variables, defendant characteristics, and political affiliation. To analyze political affiliation, a binary logistic regression was …


Deported Veterans: The Unintended Consequences Of “Good Moral Character”, Jonathan Deras Dec 2020

Deported Veterans: The Unintended Consequences Of “Good Moral Character”, Jonathan Deras

Master's Theses

The purpose of this research is to argue that U.S. immigration policy, specifically the 1996 IIRIRA (also known as IIRAIRA), needs to change regarding the legal treatment of immigrant U.S. military veteran deportees due to the following concepts. The first concept is to articulate how the criminalization of immigration, and how the military system intersects to facilitate the Deportation of U.S veterans. A key concept in this analysis is the standard of “good moral character” set by the U.S. government that enlistees need to meet to be accepted into the military; this standard is also used against immigrant veterans during …


Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons Oct 2020

Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons

All Faculty Scholarship

Local leaders possess significant and growing authority over refugee resettlement, yet we know little about their attitudes toward refugees. In this article, we use a conjoint experiment to evaluate how the attributes of hypothetical refugee groups influence local policymaker receptivity toward refugee resettlement. We sample from a novel, national panel of current local elected officials, who represent a broad range of urban and rural communities across the United States. We find that many local officials favor refugee resettlement regardless of refugee attributes. However, officials are most receptive to refugees whom they perceive as a strong economic and social fit within …


It Is Time To Get Back To Basics On The Border, Donna Coltharp Oct 2020

It Is Time To Get Back To Basics On The Border, Donna Coltharp

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

Abstract forthcoming.


Law Library Blog (August 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law Aug 2020

Law Library Blog (August 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Sanctuary Cities And Their Respective Effect On Crime Rates, Adam R. Schutt May 2020

Sanctuary Cities And Their Respective Effect On Crime Rates, Adam R. Schutt

Undergraduate Economic Review

According to the U.S. Center for Immigration Studies (2017), cities or counties in twenty-four states declare themselves as a place of “sanctuary” for illegal immigrants. This study addresses the following question: Do sanctuary cities experience higher crime rates than those cities that are not? Using publicly available data, this regression analysis investigates the relationship between crime rates in selected cities and independent variables which the research literature or the media has linked to criminal activity. Results of this research reveal that sanctuary cities do not experience higher violent or property crime rates than those cities that are not sanctuary cities.


“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day May 2020

“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day

Honors Theses

From 2017 to 2020, the Trump administration cut United States refugee admissions tenfold. These reforms come unprecedented to the 40-year-old resettlement program (USRAP). By critically reviewing literature on this topic as well as conducting eight original interviews with five national nonprofits contracted by the Department of State to do refugee resettlement casework, this study sought to identify the implications of the Trump administration’s reforms to the program. Once implications were identified, I used the applied frameworks of program model as well as Michael Worth’s sociological and political science theories of American nonprofit-government relations to better inform and guide the study. …


What Recourse Do Vulnerable Immigrants Have?: Violations Of The Vawa Confidentiality Provisions And The Pursuit Of An Even Playing Field, Trevor S. Gallaway May 2020

What Recourse Do Vulnerable Immigrants Have?: Violations Of The Vawa Confidentiality Provisions And The Pursuit Of An Even Playing Field, Trevor S. Gallaway

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

Abstract forthcoming.