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Immigration Law Commons

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Full-Text Articles in Immigration Law

Workers, Families, And Immigration Policies, Shannon Gleeson Feb 2018

Workers, Families, And Immigration Policies, Shannon Gleeson

Shannon Gleeson

[Excerpt] Unauthorized immigration to the US has a long and varied history shaped by a number of shifts in immigration policy. Of the global immigrant stock, 10–15 % is estimated to be undocumented (20–30 million; International Organization for Migration 2008). Today, undocumented immigrants comprise roughly 40 % of the immigrant flow to the US. Although immigrants often come to this country as a result of complex factors that were initiated or supported by the US—including free trade agreements and wars that devastated immigrants’ home countries and their national economies—once they become unauthorized, they find themselves in extremely vulnerable positions. Besides …


Narratives Of Deservingness And The Institutional Youth Of Immigrant Workers, Shannon Gleeson Jan 2018

Narratives Of Deservingness And The Institutional Youth Of Immigrant Workers, Shannon Gleeson

Shannon Gleeson

This article speaks to the special issue’s goal of disrupting the deserving/undeserving immigrant narrative by critically examining eligibility criteria available under two arenas of relief for undocumented immigrants: 1) the 2012 Deferred Action for Childhood Arrivals (DACA) program, which provides temporary deportation relief and work authorization for young adults who meet an educational requirement and other criteria, and 2) current and proposed pathways to legal status for those unauthorized immigrants who come forward to denounce workplace injustice, among other crimes. For each of these categories of “deserving migrants,” I illuminate the exclusionary nature each of these requirements, which pose challenges …


A New Approach To Migrant Labor Rights Enforcement: The Crisis Of Undocumented Worker Abuse And Mexican Consular Advocacy In The United States, Xóchitl Bada, Shannon Gleeson Jan 2018

A New Approach To Migrant Labor Rights Enforcement: The Crisis Of Undocumented Worker Abuse And Mexican Consular Advocacy In The United States, Xóchitl Bada, Shannon Gleeson

Shannon Gleeson

This paper examines the genesis and evolution of consular efforts to enforce the workplace rights of immigrant workers in the United States. We draw on a survey of 52 Mexican consulates in the United States, in-depth interviews with the initial cohort of 15 consular participants in the Semana de Derechos Laborales/Labor Rights Week, and several key informants who helped coordinate these efforts in the community. Our findings confirm a shift from “limited” to “active” engagement over the last decade on the part of the Mexican government (Délano 2011), placing special emphasis on the role played by non-governmental actors in producing …


Beyond The Walls: The Importance Of Community Contexts In Immigration Detention, Emily Ryo, Ian Peacock Dec 2017

Beyond The Walls: The Importance Of Community Contexts In Immigration Detention, Emily Ryo, Ian Peacock

Emily Ryo

Immigration detention facilities are commonly assumed to be insulated microcosms that maintain their existence separate and apart from the surrounding communities.  Yet, detention facilities are not hermetically sealed institutions.  Drawing on unique and comprehensive data pertaining to all individuals held in immigration detention in the United States in fiscal year 2015, this study explores for the first time the importance of community contexts in immigration detention.  Our multivariate analyses show a significant relationship between the characteristics of communities in which the facilities are located and detention length for individuals who were released pending the completion of their removal proceedings.  Specifically, …


Predicting Danger In Immigration Courts, Emily Ryo Dec 2017

Predicting Danger In Immigration Courts, Emily Ryo

Emily Ryo

Every year, the US government detains thousands of noncitizens in removal proceedings on the basis that they might pose a threat to public safety if released during the pendency of their removal proceedings. Using original audio recording data on immigration bond hearings, this study examines immigration judges’ determinations regarding which noncitizens pose a danger to the community. My multivariate analysis that controls for a variety of detainee background characteristics and criminal conviction-related measures produced three main findings. First, I find that Central Americans are more likely to be deemed dangerous than non-Central Americans. Second, I find that detainees with attorneys …


Representing Immigrants: The Role Of Lawyers In Immigration Bond Hearings, Emily Ryo Dec 2017

Representing Immigrants: The Role Of Lawyers In Immigration Bond Hearings, Emily Ryo

Emily Ryo

Do immigration lawyers matter, and if so, how? Drawing on a rich source of audio recording data, this study addresses these questions in the context of U.S. immigration bond hearings—a critical stage in the removal process for noncitizens who have been apprehended by U.S. immigration officials. First, my regression analysis using a matched sample of legally represented and unrepresented detainees shows that represented detainees have significantly higher odds of being granted bond. Second, I explore whether legal representation affects judicial efficiency and find no evidence of such a relationship. Third, I examine procedural and substantive differences between represented and unrepresented …