Immigration Law Commons^™

Στοίχημα Η Διαφύλαξη Των Εργασιακών Σχέσεων, Nicos Trimikliniotis

Nicos Trimikliniotis

Η σημερινή κατάσταση στην εργασία και απασχόληση με τα πρωτοφανή για τα Κυπριακά δεδομένα ποσοστά ανεργίας είναι εξαιρετικά δύσκολη. Παρά τις σημαντικές μεταρρυθμίσεις, π.χ. ο νόμος για τη διασφάλιση του δικαιώματος συνδικαλιστικής οργάνωσης και για εκσυγχρονισμό των εργασιακών σχέσεων κ.ά. το σύστημα εργασιακών σχέσεων σήμερα αντιμετωπίζει τις μεγαλύτερες προκλήσεις μετά το 1974. Το σύστημα συλλογικών διαπραγματεύσεων και συλλογικών συμβάσεων, η συνδικαλιστική προστασία και διεκδίκηση έχουν δημιουργήσει ένα επιτυχημένο πλαίσιο. Τα βασικά χαρακτηριστικά του είναι το υψηλό επίπεδο συνδικαλιστικής πυκνότητας, οι συλλογικές διαπραγματεύσεις και συμβάσεις και η Αυτόματη τιμαριθμική αναπροσαρμογή (ΑΤΑ) που αποτελούν αποτελεσματικά μέσα αποφυγής ανούσιων εργασιακών συγκρούσεων διασφαλίζοντας τουλάχιστον …

On Diplomatic Assurances, Memoranda Of Understanding, And Refugee Rights, Mariagiulia Giuffré

Mariagiulia Giuffré

No abstract provided.

Discharge, Deportation, And Dangerous Journeys: A Study On The Practice Of Medical Repatriation, Rachel Lopez

Rachel E. López

This report, a collaborative project of Seton Hall University School of Law’s Center for Social Justice (CSJ) and the Health Justice Program at New York Lawyers for the Public Interest (NYLPI), utilizes a human rights framework to critique the widespread but barely publicized practice of forced or coerced medical repatriations of immigrant patients. Through this practice, private and public hospitals in the United States are engaged in unlawful, and frequently extrajudicial, deportations of ill or injured immigrant patients to medical facilities abroad, completely circumventing the federal government’s exclusive authority to deport individuals.

State Responsibility Beyond Borders: What Legal Basis For Italy's Push-Backs To Libya?, Mariagiulia Giuffré

Mariagiulia Giuffré

This article takes Italy’s widely-debated 2009 push-backs to Libya campaign as a point of reference to address whether bilateral agreements for technical and police cooperation provide the legal foundation for the forced return of intercepted refugees to countries of embarkation. Through a detailed analysis of both the facts and the texts of the published and unpublished bilateral accords, it concludes that, although push-backs do not have a clear legal basis, the agreements between Italy and Libya constitute a fundamental component of the multifaceted legal and political framework underpinning Italy’s practice of interdiction and return. Moreover, by entrusting a non-EU third …

Analysis: The Diversity Lottery: Do We Need It?, Ted Hesson, Rachel Rosenbloom

Rachel E. Rosenbloom

No abstract provided.

Migrant Workers And Minimum Wages: Regulating The Exploitation Of Agricultural Labor In The United States, Marc Linder

Marc Linder

No abstract provided.

Counterpoint: Reply To Orrenius And Zavodny, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] On the fundamental conclusions, the positions argued by Pia Orrenius and Madeline Zavodny and my own are in essential agreement. The immigration policy of the United States is in dire need of changes. The public concern is, in their words, “driven by the increase in immigration in recent years, particularly of unauthorized immigration.” Our mutual worries pertain to the disproportionately adverse impacts of the immigrant inflow on the nation’s low-skilled work force and the high fiscal burden borne by local communities and states with growing immigrant populations. The differences between the two papers center on the approaches taken to …

The Elusive Goal: The Quest For A Credible Immigration Policy, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] The starting point for all immigration reform efforts must be making the immigration system enforceable. Nothing else makes sense. Otherwise, immigration policy is on a squirrel wheel going nowhere. Illegal immigrants will keep coming in defiance of its terms.

The Embodiment Of Tolerance In Discourses And Practices Addressing Cultural Diversity In Schools, The Case Of Cyprus, Nicos Trimikliniotis, Corina Demetriou, Elena Papamichael

Nicos Trimikliniotis

The report examines the processes, methods and Practices of the Cypriot educational system as the

embodiment of tolerance in discourses and practices addressing cultural diversity in schools. These are

mediated by the perceptions of policy makers, the convictions of stakeholders involved in the processes and abilities of and tools made available to educationalists. In examining the nature of the educational system and particularly the way in which the system treats its minoritised individuals and groups, the philosophy which emerges is that of viewing diversity as a disadvantage and a deficiency that needs to be ‘treated’, against a backdrop of essentialising …

Chevron Without The Courts? The Supreme Court's Recent Chevron Jurisprudence Through An Immigration Lens, Shruti Rana

Shruti Rana

The limits of administrative law are undergoing a seismic shift in the immigration arena. Chevron divides interpretive and decision-making authority between the federal courts and agencies in each of two steps. The Supreme Court may now be transforming this division in largely unrecognized ways. These shifts, currently playing out in the immigration context, may threaten to reshape deference jurisprudence by handing more power to the immigration agency just when the agency may be least able to handle that power effectively. An unprecedented surge in immigration cases—now approximately 90% of the federal administrative docket—has arrived just as the Court is whittling …

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Katherine L. Vaughns

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs suggest that …

Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine Vaughns

Katherine L. Vaughns

No abstract provided.

Border Fixation: The Appearance Of Security And Control In Immigration Reform, Katherine L. Vaughns

Katherine L. Vaughns

Immigration reform is the subject of intense discussion among politicians, policy experts, analysts, and advocacy groups alike; America’s never-ending debate which today has been infected with shameless demagoguery, rendering sound policy choices virtually impossible. And in this political cauldron, the appearance of border security and control through symbolism and political rhetoric substitute for the practical realities that are essential to inform policymakers about the appropriate administration and enforcement of U.S. immigration laws. For Congress has had an ongoing, unsound focus on sealing the border it shares with Mexico, its southwestern neighbor, seemingly without regard to costs especially in the post-9/11 …

A Tale Of Two Opinions: The Meaning Of Statutes And The Nature Of Judicial Decision-Making In The Administrative Context, Katherine L. Vaughns

Katherine L. Vaughns

No abstract provided.

Asylum And Inspections Reform, Katherine L. Vaughns

Katherine L. Vaughns

No abstract provided.

Bilateral Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré

Mariagiulia Giuffré

Against the backdrop of the bilateral cooperation on migration control between EU Member States and third countries, this paper examines whether the implementation of readmission agreements (key tools in this context) hampers access to international protection for asylum seekers subjected to a return procedure. Given that competence in the ‘Area of Freedom, Security, and Justice’ remains shared, the EU and Member States continue to pursue their readmission procedures in parallel. This paper focuses on the bilateral arrangements of individual Member States with third countries, which constitute the bulk of the instruments in this field. It concludes that no issue of …

Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu

Jamin Raskin

No abstract provided.

Citizenship Under Fire: The Forging Of The New Americans, Shruti Rana

Shruti Rana

This essay reviews and critiques two new books on the debate over immigration and citizenship, Anna O. Law, The Immigration Battle in American Courts, and Ediberto Roman, Citizenship and Its Exclusions: A Classical, Constitutional, and Critical Race Critique. Law’s book takes a procedural approach to unraveling the complex immigration cases emanating from the U.S. courts of appeals and the U.S. Supreme Court. This essay challenges some of Law’s conclusions and suggests methodological alterations that may strengthen her key arguments. Roman’s book is distinct from Law’s in that it takes on a much broader historical and procedurialist view of the idea …

Remedies For The Wrongly Deported: Territoriality, Finality, And The Significance Of Departure, Rachel Rosenbloom

Rachel E. Rosenbloom

In recent years, thousands of longtime legal residents have been deported based on erroneous interpretations of the 1996 amendments to the Immigration and Nationality Act. Their return to the United States is precluded by a pair of Department of Justice regulations barring immigration judges and the Board of Immigration Appeals (BIA) from correcting errors in removal proceedings once a deportee has left the United States. Advocates have begun to take aim at these regulations through litigation and administrative advocacy. This article, the first scholarly work to consider the phenomenon of wrongful deportation and the arguments for and against the “departure …

Kiyemba, Guantanamo, And Immigration Law: An Extraterritorial Constitution In A Plenary Power World, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

Immigration law is central to justifications for why five men remain detained indefinitely at Guantanamo, despite having writs of habeas approved in 2008. Since then, the Court of Appeals in Kiyemba v. Obama I, II, and III has used plenary powers reasoning to justify detentions under immigration law. The detainees are all non-combatants and Uighurs, Turkic Muslims from China. The Supreme Court may review these cases. Kiyemba I and III concern their judicial release into the U.S., while Kiyemba II regards barring their transfer because they may be tortured overseas. These cases raise significant constitutional habeas issues, but they also …

Teaching Advanced Immigration Law Courses, Huyen Pham

Huyen T. Pham

No abstract provided.

Dancing On The Borders Of Article 4. Human Trafficking And The European Court Of Human Rights In The Rantsev Case., Vladislava Stoyanova

Vladislava Stoyanova

This article points to four worrisome aspects of the Court’s reasoning in Rantsev v. Cyprus and Russia. First, the Court takes on board the concept of ‘human trafficking’ without offering any meaningful legal analysis as to the elements of the human trafficking definition. Second, the adoption of the human trafficking framework implicates the ECtHR in anti-immigration and anti-prostitution agenda. The heart of this article is the argument that the human trafficking framework should be discarded and the Court should focus and develop the prohibitions on slavery, servitude and forced labor. To advance this argument I explain the relation between, on …

Smuggling Of Asylum-Seekers And Criminal Justice, Vladislava Stoyanova

Vladislava Stoyanova

The objective of this paper is to demonstrate the legal implications for asylum-seekers flowing from their resort to falsified documents as a method of gaining access to the territory of asylum countries. Article 31(1) of the Refugee Convention is supposed to act as a shield against punishment for illegal entry. However, the paper identifies four issues relating to the application of Article 31 which make the functioning of the shield difficult. The first issue relates to the procedure of applying Article 31 and in particular the interrelationship between the refugee status determination procedure and the criminal procedure initiated as a …

Opinion Analysis: Deferring To (Even More) Limited Relief From Removal, Jill Family

Jill E. Family

Πολιτική Ένταξης Των Μεταναστών Στην Κύπρο, Nicos Trimikliniotis

Nicos Trimikliniotis

Το ζήτημα της ένταξης των μεταναστών προβάλλει ως μείζον διακύβευμα εφόσον χωρίς την ένταξη τους απειλείται ο δημοκρατικός ιστός της Κυπριακής κοινωνίας, εφόσον το πολυπολιτισμικό στοιχείο αποτελεί βασικό συστατικό του πυρήνα της κυπριακής κοινωνίας και οικονομίας εδώ και μια εικοσαετία. Το ζήτημα τούτο αποκτά μεγαλύτερη σημασία σε συνθήκες οικονομικής κρίσης, εφόσον οι μετανάστες είναι κατά κανόνα εύκολος στόχος και κατεξοχήν αποδιοπομπαίος τράγος για τα κακώς έχοντα στη κοινωνία

An Analysis Of The Subfederal Immigration Climate, Huyen Pham

Huyen T. Pham

No abstract provided.

Illegal Immigration And The American Labor Force: The Use Of "Soft" Data For Analysis, Vernon Briggs

Vernon M Briggs Jr

No abstract provided.

Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] Over its long and often turbulent evolution, the American labor movement has confronted few issues as persistently and as difficult has those related to subject of immigration. By definition, immigration affects the size of the labor force at any given time as well as its geographical distribution and skill composition. These vital influences, in turn, affect national, regional and local labor market conditions. Most immigrants directly join the labor force upon entering the country, as do eventually most of their family members. Hence, organized labor never has ignored immigration trends. As Samuel Gompers, one of the founders of the …

Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs

Vernon M Briggs Jr

Public testimony by Prof. Briggs given at the Hearing before the Subcommittee on Immigration, Border Security, and Claims of the Committee on the Judiciary, House of Representatives, October 30, 2003.

Illegal Immigration And The American Labor Force: The Use Of "Soft" Data For Analysis, Vernon Briggs

Vernon M Briggs Jr

No abstract provided.