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Immigration Law Commons

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Articles 1 - 6 of 6

Full-Text Articles in Immigration Law

Dillon's Rule: A Check On Sheriff's Authority To Enter 287(G) Agreements, Gregory Taylor Jan 2019

Dillon's Rule: A Check On Sheriff's Authority To Enter 287(G) Agreements, Gregory Taylor

American University Law Review

No abstract provided.


Defining Detention: The Intervention Of The European Court Of Human Rights In The Detention Of Involuntary Migrants, Anita Sinha Jan 2019

Defining Detention: The Intervention Of The European Court Of Human Rights In The Detention Of Involuntary Migrants, Anita Sinha

Articles in Law Reviews & Other Academic Journals

This Article examines the European Court of Human Rights' intervention in the detention of involuntary migrants. It analyzes the use of "carceral migration control" in response to a migration "crisis," and argues that the actual crisis in the region is one of politics and policies rather than the magnitude of migration. It explores the consequences of a crisis moniker for migration, including shortsighted migration policies, entrenched caricatures of migrants as threatening, and excessive emphasis on punitive rather than humanitarian responses. Responding to migration as a crisis has led states in Europe and elsewhere to shift the movement of people across …


What Matters More: Preserving A Fundamental Right To Privacy Or Tampering With Another's Dignity Through Searches Because Of "Reasonable Suspicion", Darianne De Leon Jan 2019

What Matters More: Preserving A Fundamental Right To Privacy Or Tampering With Another's Dignity Through Searches Because Of "Reasonable Suspicion", Darianne De Leon

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Broken Bones And Pepper Spray: The State-Sanctioned Abuse Of Immigrant Juveniles In Custody, Alex Bruce Jan 2019

Broken Bones And Pepper Spray: The State-Sanctioned Abuse Of Immigrant Juveniles In Custody, Alex Bruce

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Arbitrary Detention? The Immigration Detention Bed Quota, Anita Sinha Jan 2016

Arbitrary Detention? The Immigration Detention Bed Quota, Anita Sinha

Articles in Law Reviews & Other Academic Journals

When President Obama took office in 2009, Congress through appropriations linked the U.S. Department of Homeland Security’s (DHS) funding to “maintaining” 33,400 immigration detention beds a day. This provision, what this Article refers to as the bed quota, remains in effect, except now the mandate is 34,000 beds a day. Since 2009, DHS detentions of non-citizens have gone up by nearly 25 percent. To accommodate for this significant spike over a relatively short period of time, the federal government has relied considerably on private prison corporations to build and operate immigration detention facilities.

This Article takes a comprehensive look at …


Slavery By Another Name: 'Voluntary' Immigrant Detainee Labor And The Thirteenth Amendment, Anita Sinha Jan 2015

Slavery By Another Name: 'Voluntary' Immigrant Detainee Labor And The Thirteenth Amendment, Anita Sinha

Articles in Law Reviews & Other Academic Journals

During the McCarthy era, Congress passed an obscure law authorizing detained immigrants to work for a payment of one dollar a day. The government justified the provision, which was modeled after the 1949 Geneva Convention’s protections for prisoners of war, in the context of the period’s relative heightened detentions of noncitizens. Soon afterwards, the enactment of the Immigration and Nationality Act of 1952 diminished the use of detention drastically, and the practice of detainee labor lay dormant for decades. Modern changes to immigration law and its systems have rendered immigration detention today the largest mass incarceration movement in U.S. history. …