Immigration Law Commons^™

Crooked Straits: Maritime Smuggling Of Humans From Cuba To The United States, Donald Brown

University of Miami Inter-American Law Review

No abstract provided.

U.S. Immigration Benefits For Same Sex Couples: Green Cards For Gay Partners?, Mara Schulzetenberg

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Preserving The Essence Of Zadvydas V. Davis In The Midst Af A National Tragedy, N. Alejandra Arroyave

University of Miami Law Review

No abstract provided.

A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden

American University Law Review

No abstract provided.

The Invisible Worker, Lenni B. Benson

Articles & Chapters

No abstract provided.

Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza

Faculty Scholarship

In forthcoming work, I argue that this common-law privacy right should indeed attach to individuals arrested for or suspected of crime.9 I also argue that support for the right exists in a variety of judicial, statutory, and other sources, and that legislation to formally protect the right is warranted and constitutional. The reasoning is simple: being publicly named in connection with criminal allegations is stigmatizing, and the resultant personal harm-social, professional, emotional, other-lasts, and is difficult to justify when it is visited upon someone who is acquitted of the charges or against whom the charges are dismissed. Equally troubling is …

The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs

Georgetown Law Faculty Publications and Other Works

The plight of refugees-those who flee persecution-touches a chord with Americans, who have supported both a substantial overseas resettlement program and a fair system for asylum seekers. U.S. laws provide a seemingly full opportunity for asylum applicants to explain their fear or actual experience of persecution. In fact, the U.S. offers an extensive process of interviews, hearings, and appeals to ensure that bona fide refugees are not sent back to their persecutors. The substantive law, too, has been developed considerably through administrative and judicial precedents. But how meaningful is a process that, no matter how extensive and developed, leaves asylum …

Who Should Watch Over Refugee Law?, James C. Hathaway

Articles

On 13 December 2001, states committed themselves" ... to consider ways that may be required to strengthen the implementation of the 1951 Convention and/or 1967 Protocol". It is wonderful that after half a century we may finally be on the verge of taking oversight of the treaty seriously.

Mandatory Motherhood And Frustrated Fatherhood: The Supreme Court's Preservation Of Gender Discrimination In American Citizenship Law, Erin Chlopak

American University Law Review

No abstract provided.

Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper

Washington and Lee Law Review

No abstract provided.

Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Immigration Law Forces Foreign Doctors To Return Home

Jill E. Family

Federal Immigration Law And Community Policing, Ibpp Editor

International Bulletin of Political Psychology

This article explores consequences of state and local police enforcement of federal immigration law.

Latinos In Massachusetts: Legal Immigration To New England During The 1990s, Enrico A. Marcelli

Gastón Institute Publications

This fact sheet summarizes information about legal immigration flows to the New England Region during the 1990s employing Immigration and Naturalization Service data. Although the annual number of legal permanent residents (e.g., green card holders) from Latin America and the Caribbean fell during the decade, as a percent of all legal immigrants who settled in New England their representation rose. Among all Latin American and Caribbean immigrants who settled in the region, more than half chose Massachusetts or Connecticut. And although most reported working in lower-skilled occupations, from 10 percent to 30 percent of immigrants from each c o u …

Why International Law Favors Emigration Over Immigration, Thomas Kleven

University of Miami Inter-American Law Review

No abstract provided.

Thoughts On Proposed Immigration Reforms, John Scanlan

Articles by Maurer Faculty

No abstract provided.

Expedited Removal And Discrimination In The Asylum Process: The Use Of Humanitarian Aid As A Political Tool, Erin M. O'Callaghan

William & Mary Law Review

No abstract provided.

"Pacific Solution"? The Sinking Right To Seek Asylum In Australia, Emily C. Peyser

Washington International Law Journal

On August 26, 2001, Australia attracted worldwide media attention by refusing entry to over 430 Afghan and Iraqi asylum seekers who were rescued at sea by a Norwegian freighter. Australia's Parliament subsequently passed legislation to heighten already strict migration laws pertaining to boat migrants. Even though Australia is party to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, recent developments in national asylum policies retreat from the legal obligations, as well as the spirit, of these international treaties. Australia, however, is not the only country acting to deter boat migrants; the United States, for example, …

Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook

Michigan Journal of International Law

This Article examines the evolution of the nexus requirement in United States refugee law since the Elias-Zacarias decision. Part I discusses the Supreme Court's decision in Elias-Zacarias, identifying the choices the Court made among the arguments presented before it that resulted in the motive-oriented approach to nexus. This Part also delves into the Court's statement about the evidence required to demonstrate motive, concluding that the Court's treatment of the evidence before it foreshadows the confusion lower courts have demonstrated in evaluating evidence of motive. Part II looks at appellate decisions on the nexus issue since 1992, highlighting cases that …

Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster

Michigan Journal of International Law

The aim of this Article is to explore current approaches to identifying and applying the causation test inherent in the "for reasons of" clause and to attempt to devise a sui generis test appropriate to the unique aims and objects of the Convention. Part I begins by reviewing both the principles governing the causation analysis and their methods of application in different jurisdictions. Part II then proceeds to review the considerations that might inform the development of a causation standard in refugee law, including guidance that might be obtained from other areas of law, against the background of the need …

Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Legislating A Public Health Nightmare: The Anti-Immigrant Provisions Of The "Contract With America" Congress, Julia Field Costich

Kentucky Law Journal

No abstract provided.

Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang

All Faculty Scholarship

No abstract provided.

An Argentine Evangelical Church: Twilight Of A Transnational Field?, David Cook-Martín

David Cook-Martín

No abstract provided.

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero

Journal Articles

Should longtime undocumented immigrants have the same opportunity as lawful permanent residents and U.S. citizens to attend state colleges and universities? There are two typical justifications for denying them such opportunities. First, treating undocumented immigrants as in-state residents discriminates against U.S. citizen nonresidents of the state. Second, and more broadly, undocumented immigration should be discouraged as a policy matter, and therefore allowing undocumented immigrant children equal opportunities as legal residents condones and perhaps encourages "illegal" immigration. This essay responds to these two concerns by surveying state and federal solutions to this issue.

The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero

Journal Articles

This article seeks to explore the possibility that a selective deportation of a same-gender partner who has overstayed her visa constitutes an outrageous case under the AADC test. Its modest goal is to discourage the INS from ever pursuing such a strategy, knowing that there are probably many who believe that same-gender overstays, even if civilly united in Vermont, are not the ideal candidates for "suspect class" status under U.S. constitutional law. That notwithstanding, common sense and sound doctrine suggest that, despite the many anti-gay and anti-immigrant decisions handed down over the last twenty years, the Court will not hesitate …

New Immigration Law Provision Mobilizes Local Law Enforcement, Heather Egan

Public Interest Law Reporter

No abstract provided.

Pro-Immigration Groups Still Hopeful After Terrorist Attacks, Joe D'Amato

Public Interest Law Reporter

No abstract provided.