Immigration Law Commons^™

The Pressure Is On—Criminal Defense Counsel Strategies After Padilla V. Kentucky, Bill Hing

Bill Ong Hing

The Supreme Court’s message to criminal defense attorneys in Padilla v. Kentucky was clear: when there is a risk of deportation, defense counsel has a constitutional duty to inform an immigrant defendant of the potential for deportation or adverse immigration consequences prior to pleading guilty. In my view, this constitutional duty places tremendous pressure on defense counsel to do more than advise, because once advised, the client very naturally may want to know what options are available other than going to trial. Rather than simply focusing on how to minimize the time of incarceration for the client under a particular …

Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan

Anil Kalhan

With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …

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 …

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 …

Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein

Richard Daniel Klein

No abstract provided.

Flying Passports Of Convenience, Karl T. Muth

Karl T Muth

This paper proposes an economic alternative to the legal construct of citizenship that currently dominates international law.

13 Nationality And Citizenship In Cyprus Since 1945: Communal Citizenship, Gendered Nationality And The Adventures Of A Post-Colonial Subject In A Divided Country, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper examines the issues relating to citizenship and nationality in Cyprus since 1945 from the colonial times to independence. It examines the historical context and evolution of citizenship in Cyprus and then it analyses the legal aspects of the modes of acquisition and loss of citizenship. Finally it looks at the current debates and the challenges of gender equality, migration, Europeanisation and reunification.

Reconciliation And Social Action In Cyprus: Citizens’ Inertia And The Protracted State Of Limbo, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper will attempt to chart a normative framework for action for a social politics of reconciliation via a course for citizens’ action across the ethnic divide of Cyprus. It will attempt to consider the context and content of reconciliation in Cyprus at this time and examine the various ‘routes’ to reconciliation, in terms of locating their theoretical, philosophical and ethical points of reference. Whilst ‘reconciliation’ is something that normally takes place after a settlement, the groundwork (conceptual, political and societal) needs to begin whenever the potential is there: the protracted state of limbo that characterises the Cyprus problem as …