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Full-Text Articles in Immigration Law

U.S. Immigration Policies Affecting Mexican And Central American Youth And Their Access To Higher Education, Margaret Elizabeth Tejada Aug 2022

U.S. Immigration Policies Affecting Mexican And Central American Youth And Their Access To Higher Education, Margaret Elizabeth Tejada

Capstone Collection

Undocumented Mexican and Central American youth, many of whom hold approved or pending Special Immigrant Juvenile Status (SIJS), Deferred Action for Childhood Arrivals (DACA), and Central American Minor Refugee and Parole Program (CAM) applications, are a growing population in the United States who are eager to pursue higher education like their U.S. Citizen and U.S. Lawful Permanent Resident peers. Yet, they are significantly limited by federal, state, and institutional policies that are geared towards the success of students with legal status. Through relevant literature and interviews with policy experts and educators who work directly with these youth and ...


Linguistic And Cultural Training For Immigration Attorneys Representing Undocumented Oaxacan Immigrants In The United States., Alexis Faith Ecarma May 2022

Linguistic And Cultural Training For Immigration Attorneys Representing Undocumented Oaxacan Immigrants In The United States., Alexis Faith Ecarma

College of Arts & Sciences Senior Honors Theses

The roles of second language acquisition and cultural competence in the training of attorneys have been explored by legal scholars and law professors. Some suggest that such training ought to be administered to law students as a component of their law school curricula. Others argue that, in an increasingly globalized legal field, “experiential learning” is essential for developing linguistically-proficient and culturally-competent lawyers. Despite the growing presence of undocumented Oaxacan immigrants in the U.S., scholars have yet to investigate the linguistic and cultural training of U.S. immigration attorneys who represent these immigrants in legal contexts. The following research fills ...


2021 Annual Report, Deirdre M. Smith Cumberland Legal Aid Clinic Apr 2022

2021 Annual Report, Deirdre M. Smith Cumberland Legal Aid Clinic

Cumberland Legal Aid Clinic Annual Report

  • Program Overview 3
  • General Practice Clinic 5
  • Prisoner Assistance Clinic 6
  • Juvenile Justice Clinic 7
  • Refugee and Human Rights Clinic 10
  • Protection from Abuse Program 12
  • Clinic Staffing 13


Heirs Of An Administration: Unlawful Executive Actions, Jerome Perez Apr 2022

Heirs Of An Administration: Unlawful Executive Actions, Jerome Perez

Catholic University Law Review

The Supreme Court of the United States in DHS v. Regents on June 18, 2020, decided to stall the Trump administration from rescinding the Deferred Action for Childhood Arrivals (DACA) policy that the Obama administration created contrary to the Administrative Procedures Act (APA)––even though in 2016 the Supreme Court affirmed a preliminary injunction on the Deferred Action for Parents of Americans (DAPA) policy, which mirrors DACA. This blunder offhandedly sacrifices the Supreme Court’s reputation as nonpartisan by enlisting itself as the future arbiter of administrative issues with self-evident resolutions and deciding contrary to those resolutions to endorse a ...


Private And Public Sector Models For Entrepreneur, Small Business Owner, And Investor Immigration Pathways, Shane Dizon Apr 2022

Private And Public Sector Models For Entrepreneur, Small Business Owner, And Investor Immigration Pathways, Shane Dizon

Articles & Chapters

No abstract provided.


Strengthening Immigration Support For Agricultural Labor Migration And Ending Modern Day “Harvest Of Shame” A Comparative Study Of The American And Australian Approaches, Dr. Ying Chen Mar 2022

Strengthening Immigration Support For Agricultural Labor Migration And Ending Modern Day “Harvest Of Shame” A Comparative Study Of The American And Australian Approaches, Dr. Ying Chen

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Immigration E-Carceration: A Faustian Bargain, Mary Holper Mar 2022

Immigration E-Carceration: A Faustian Bargain, Mary Holper

Boston College Law School Faculty Papers

Immigration detainees and their advocates have a Faustian Bargain: they may trade the physical walls of jail for the virtual walls of electronic monitoring. But they are merely begging for a different form of punishment and control, since electronic monitoring imposes pain, shame, arbitrary rules, and limitation of freedom on persons, causing many to experience it as punitive. Its use also facilitates replacing a regime of over-detention with one of over-supervision, and becomes the means by which immigration enforcement authorities surveil immigrant communities. The Supreme Court’s immigration detention doctrine has set up this bargain by succumbing to the plenary ...


A Lineage Of Family Separation, Anita Sinha Feb 2022

A Lineage Of Family Separation, Anita Sinha

Brooklyn Law Review

Family separation is a practice rooted in US history. In order to comprehensively examine the most recent execution of separating children from their parents under the Trump Administration’s “zero tolerance” policy, we need to follow and understand this history. That is what this Article does. Examining the separation histories of enslaved, Indigenous, and immigrant families, it offers critical context of a reoccurring practice that has had devastating effects largely on communities of color, and across generations. By contextualizing the separation of migrant families crossing the US-Mexico border under zero tolerance, this Article identifies narratives that consistently rely on xenophobia ...


Citizenship Federalism, Emily R. Chertoff Jan 2022

Citizenship Federalism, Emily R. Chertoff

Maryland Law Review

No abstract provided.


Virtually Incredible: Rethinking Deference To Demeanor When Assessing Credibility In Asylum Cases Conducted By Video Teleconference, Liz Bradley, Hillary Farber Jan 2022

Virtually Incredible: Rethinking Deference To Demeanor When Assessing Credibility In Asylum Cases Conducted By Video Teleconference, Liz Bradley, Hillary Farber

Faculty Scholarship at Penn Carey Law

The COVID-19 pandemic forced courthouses around the country to shutter their doors to in-person hearings and embrace video teleconferencing (VTC), launching a technology proliferation within the U.S. legal system. Immigration courts have long been authorized to use VTC, but the pandemic prompted the Executive Office for Immigration Review (EOIR) to expand video capabilities and encourage the use of video “to the maximum extent practicable.” In this technology pivot, we must consider how VTC affects cases for international humanitarian protections, where an immigration judge’s ability to accurately gauge an applicant’s demeanor can have life-or-death consequences.

This Article takes ...


Moral Economies Of Family Reunification In The Trump Era: Translating Natural Affiliation, Autonomy, And Stability Arguments Into Constitutional Rights, Kerry Abrams, Daniel Pham Jan 2022

Moral Economies Of Family Reunification In The Trump Era: Translating Natural Affiliation, Autonomy, And Stability Arguments Into Constitutional Rights, Kerry Abrams, Daniel Pham

Faculty Scholarship

No abstract provided.


A Sanctuary World: Understanding The Past, Present, And Future Of Sanctuary Movements, Annaleigh Cummings Dec 2021

A Sanctuary World: Understanding The Past, Present, And Future Of Sanctuary Movements, Annaleigh Cummings

Undergraduate Theses

In the late 1970s through the 1980s, sanctuary movements emerged in the United States to support and provide sanctuary for immigrants and asylum seekers without a legal status of U.S. citizenship. This movement has its roots in the ancient church tradition of offering sanctuary to people accused of crimes. Religious leaders offered protection against the government in the name of their beliefs. It is a cycle that has often been repeated throughout history from the medieval European era to abolitionists helping runaway enslaved people in the United States to the contemporary movements existing today. This project explores and analyzes ...


Witnessing Anew: Human Rights Advocacy For Migrants At The U.S. Southern Border In Covid-19 Times, Ellen Maccarone Dec 2021

Witnessing Anew: Human Rights Advocacy For Migrants At The U.S. Southern Border In Covid-19 Times, Ellen Maccarone

Conference: The Social Practice of Human Rights

In this paper I provide a case study of transnational migrant advocacy done by the Kino Border Initiative during the COVID-19 pandemic. Shortly before the pandemic I spent a week with KBI for an immersion experience part of which focused on the ideas of human rights advocacy and witnessing. “Witness” in this context has both a spiritual/moral dimension and an experiential one that can form a foundation for advocacy. Using accounts of migrants to inform and humanize changed when interpersonal witnessing became impossible during the pandemic. This increased the levels of human rights abuses experienced by migrants and limited ...


Law School News: 'You Have To Adapt To Survive' 11-11-2021, Michael M. Bowden Nov 2021

Law School News: 'You Have To Adapt To Survive' 11-11-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Impact Of Forensic Medical Evaluations On Immigration Relief Grant Rates And Correlates Of Outcomes In The United States., Holly G. Atkinson, Katarzyna Wyka, Kathryn Hampton, Christian Seno, Elizabeth Yim, Deborah Ottenheimer, Nermeen Arastu Nov 2021

Impact Of Forensic Medical Evaluations On Immigration Relief Grant Rates And Correlates Of Outcomes In The United States., Holly G. Atkinson, Katarzyna Wyka, Kathryn Hampton, Christian Seno, Elizabeth Yim, Deborah Ottenheimer, Nermeen Arastu

Publications and Research

The purpose of this study was to investigate the impact of forensic medical evaluations on grant rates for applicants seeking immigration relief in the United States (U.S.) and to identify significant correlates of grant success. We conducted a retrospective analysis of 2584 cases initiated by Physicians for Human Rights between 2008-2018 that included forensic medical evaluations, and found that 81.6% of applicants for various forms of immigration relief were granted relief, as compared to the national asylum grant rate of 42.4%. Among the study’s cohort, the majority (73.7%) of positive outcomes were grants of asylum ...


Predictors Of Refugees’ Ability To Pass The United States Citizenship Exam, Molly Grover, Fern Hauck, Sarah Blackstone, Emily Cloyd Oct 2021

Predictors Of Refugees’ Ability To Pass The United States Citizenship Exam, Molly Grover, Fern Hauck, Sarah Blackstone, Emily Cloyd

Virginia Journal of Public Health

Background: Passing the United States citizenship exam can be challenging for refugee populations for several reasons, including affordability of English classes, time restraints, medical stressors, and limited formal education. The purpose of this study was to examine factors that may influence a refugees’ ability to pass the citizenship exam, including English proficiency, education, employment, and completion of English as a Second Language (ESL) classes.

Methods: Refugee patients at the International Family Medicine Clinic (IFMC) in Central Virginia participated in a survey that assessed their levels of English proficiency and whether or not they had passed the citizenship exam. The survey ...


The Fruits Of The Past: The Unfair Consequences Of Excluding Massachusetts Farmworkers From State Labor Law Protections And How The Fairness For Farmworkers Act Will Remedy That Injustice, Reena Parikh, Claudia Quintero, Harris Freeman Aug 2021

The Fruits Of The Past: The Unfair Consequences Of Excluding Massachusetts Farmworkers From State Labor Law Protections And How The Fairness For Farmworkers Act Will Remedy That Injustice, Reena Parikh, Claudia Quintero, Harris Freeman

Boston College Law School Faculty Papers

This report advocates for the Massachusetts Legislature to pass the Fairness for Farmworkers Act (FFA) to end the second-class treatment of farmworkers under the state's current wage and hour law. The bill has three essential parts:

First, the FFA repeals the $8.00 substandard minimum wage for agricultural and farm work. All farmworkers will be paid the state minimum wage.

Second, the FFA provides overtime pay for all farmworkers. Seasonal farmworkers will receive one and a half times their normal rate of pay for work performed in excess of fifty-five (55) hours in a week. Year-round farmworkers, like other ...


Immigration Cyber Prisons: Ending The Use Of Electronic Ankle Shackles, Tosca Giustini, Sarah Greisman, Peter L. Markowitz, Ariel Rosen, Zachary Ross, Alisa Whitfield, Christina Fialho, Brittany Castle, Leila Kang Jul 2021

Immigration Cyber Prisons: Ending The Use Of Electronic Ankle Shackles, Tosca Giustini, Sarah Greisman, Peter L. Markowitz, Ariel Rosen, Zachary Ross, Alisa Whitfield, Christina Fialho, Brittany Castle, Leila Kang

Online Publications

The call to end immigration detention has garnered strong support in recent years due to a growing public awareness of its devastating impact on the individuals locked away, their families, and entire communities. Throughout the nation, communities, organizers, advocates, and public officials have demanded the shutdown of Immigration and Customs Enforcement (ICE) detention centers, particularly those operated by private prison companies.

However, less attention has been paid to another form of detention that has been insidiously expanding alongside ICE’s brick-and-mortar jails: the Intensive Supervision Assistance Program (ISAP), the primary component of ICE’s so-called “Alternatives to Detention” program. ISAP ...


Rethinking Immigration Justice: Mexican Community Activism While Serving Migrants In Transit., Angélica Villagrana Jul 2021

Rethinking Immigration Justice: Mexican Community Activism While Serving Migrants In Transit., Angélica Villagrana

Graduate Theses and Dissertations

This research study focuses on the externalization of migration control and its effects on staffmembers of community organizations that serve Central American migrants in transit. While literature on migration enforcement places emphasis on border control and internal removals, research on new forms of migration enforcement has paid little attention to the extension of border control beyond physical borders. This study employed an ethnographic approach to address the overarching question of how community organizers have responded to the adoption of US practices on extraterritorial migration control by the Mexican government while serving migrants in transit. Data collected provide empirical evidence contextual ...


The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray Jun 2021

The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray

William & Mary Bill of Rights Journal

In the years since the Supreme Court decided Trump v. Hawaii, federal district courts have adjudicated dozens of rights-based challenges to executive action in immigration law. Plaintiffs, including U.S. citizens, civil rights organizations, and immigrants themselves, have alleged violations of the First Amendment and the equal protection component of the Due Process Clause with some regularity based on President Trump’s animus toward immigrants. This Article assesses Hawaii’s impact on these challenges to immigration policy, and it offers two observations. First, Hawaii has amplified federal courts’ practice of privileging administrative law claims over constitutional ones. For example, courts ...


Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter Jun 2021

Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter

BYU Law Review

No abstract provided.


Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman Jun 2021

Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Politicizing International Human Rights: The United States’ Border Apartheid Policies And The Universality Of Human Rights, Ally Myers May 2021

Politicizing International Human Rights: The United States’ Border Apartheid Policies And The Universality Of Human Rights, Ally Myers

UC Irvine Journal of International, Transnational, and Comparative Law

This Note uses the example of the United States’ immigration policies to analyze the following questions: (1) what type of rights international human rights are; (2) where these rights come from; (3) how their content should be determined; and (4) what conditions need to exist in order for them to be enforced. The Note argues that answering these questions is an essential prerequisite to enforcing human rights in a way that is truly universal. Part I of the Note grounds these questions in human experience through the case of a refugee seeking asylum at the U.S. border in San ...


Life Through The Eyes Of An Undocumented Immigrant In The United States, Yesenia Torres May 2021

Life Through The Eyes Of An Undocumented Immigrant In The United States, Yesenia Torres

Electronic Theses, Projects, and Dissertations

This research project focused on how undocumented immigrants experience their lives in the United States, taking in mind the multiple barriers that prevent them from integrating into the community. This research project surveyed the California State University of San Bernardino School of Social Work students who work or engage with undocumented immigrants. A positivism paradigm research design was used to obtain quantitative data of participant's knowledge of immigrants' past and present experiences while living in the United States. The study's goal was to bring mental health awareness to the well-being and emotional experiences during the resettlement and acculturation ...


Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable Apr 2021

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.


Building Trust And Communication: Overcoming Barriers To Political Incorporation Among Hartford’S Hispanic Immigrant And Migrant Population, Olivia Painchaud Apr 2021

Building Trust And Communication: Overcoming Barriers To Political Incorporation Among Hartford’S Hispanic Immigrant And Migrant Population, Olivia Painchaud

Senior Theses and Projects

How are Hartford’s Hispanic immigrants and migrants participating politically? What inhibits or promotes their political incorporation? Close to half of Hartford’s total population identifies as Hispanic, with a portion of those individuals being immigrants or migrants to the city. As a community with a significant presence in Hartford, the political incorporation of Hispanic immigrants and migrants is necessary to ensure the adequate representation of all Hartford residents. This thesis investigates the extent of institutional support for Hispanic immigrant and migrant political incorporation in Hartford. Following an analysis of Hispanic political incorporation in Hartford’s history, the project involved ...


2020 Annual Report, Deirdre M. Smith Cumberland Legal Aid Clinic Mar 2021

2020 Annual Report, Deirdre M. Smith Cumberland Legal Aid Clinic

Cumberland Legal Aid Clinic Annual Report

  • Program Overview 3
  • General Practice Clinic 5
  • Prisoner Assistance Clinic 6
  • Juvenile Justice Clinic 7
  • Refugee and Human Rights Clinic 9
  • Protection From Abuse Program 10
  • Staffing 11


Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti Mar 2021

Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti

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

No abstract provided.


Cruelty Was The Point: Theories Of Recovery For Family Separation Anddetention Abuses, Sarah Rogerson Mar 2021

Cruelty Was The Point: Theories Of Recovery For Family Separation Anddetention Abuses, Sarah Rogerson

Nevada Law Journal

No abstract provided.


Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part Ii, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, Mckenna Meadows, Brice Phillips Feb 2021

Empathy For The Vulnerable? The Fourth Circuit's Internal Struggle To Grapple With The Trump Administration's Immigration Policies: Part Ii, Anne Marie Lofaso, Isabella Anderson, Anna Filatova, Blake Humphrey, Mckenna Meadows, Brice Phillips

West Virginia Law Review Online

Part I of this article described and analyzed Portillo-Flores v. Barr, a case in which the Fourth Circuit, over Judge Stephanie Thacker’s dissent, upheld the Board of Immigration Appeals’ (“BIA”) denial of asylum to a Salvadorian asylum seeker who, as a child, was beaten nearly to death by MS-13 because his sister fled the country to avoid becoming a gang leader’s girlfriend. It contends not only that Portillo-Flores is inconsistent with general immigration standards, but also that the Fourth Circuit committed two main legal errors. First, the Fourth Circuit erred in requiring that Portillo-Flores should have reported the ...