Immigration Law Commons^™

The Immigrant City, Rick Su

ExpressO

Jurists, policymakers, and legal scholars often do not consider the issue of immigration from a local perspective. As such, the intersection between immigration and local government law has largely been neglected in the legal academic literature. Instead of subscribing to the conventional belief that immigration and local governments are doctrinally distinct, this article uncovers their latent intersection, explore how competing but often unexamined concerns about local governments in legal doctrine conceal the mutual impact that immigration and local government laws have upon one another, and use this analysis to explore how legal rules can be changed to enhance the positive …

Even Heroes Need To Talk: Psycho-Legal Soft Spots In The Field Of Asylum Lawyering, Tehila Sagy

ExpressO

This research identifies emotional pressure points pertaining to the asylum seeking client’s narration of her traumatic past persecution in the process of preparing the asylum claim. A typology of psycholegal soft-spots was offered, which includes the potential impact of the work done by the asylum seeking client and her lawyer on both parties. Interviews with Bay Area lawyers who represented asylum seekers were conducted in order to assess the level of asylum lawyer’s awareness to special needs dictated by the psycho-legal soft spots during asylum representation. Lawyers were asked about how they handle those issues and about training and support …

Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Meredith S. Salvaggio, Susan L. Pollet, Maria Perinetti

ExpressO

Trafficking in persons is one of the fastest growing areas of international criminal activity. Each year an estimated 600,000 – 800,000 human beings are bought, sold or forced across the world’s borders. Approximately 2.5 million men, women and children are victims of trafficking at any point in time throughout the world. Approximately 14,500 – 17,500 individuals are trafficked annually into the United States, making the United States the third largest destination country in the world for victims of human trafficking.

In order to fight trafficking in the United States effectively, legislation at the state level, in addition to the federal …

Shifts In Policy And Power: Calculating The Consequences Of Increased Prosecutorial Power And Reduced Judicial Authority In Post 9/11 America, Chris Mcneil

ExpressO

Among many responses to the attacks of September 11, 2001, Congress and the states have shifted to the executive branch certain powers once held by the judicial branch. This article considers the impact of transferring judicial powers to prosecutorial officers, and compares the consequent increased powers of the prosecutor with those powers traditionally held by prosecutors in Japanese criminal courts. It considers the impact of removing from public view and judicial oversight many prosecutorial functions, drawing comparisons between the largely opaque Japanese prosecutorial roles and those roles now assumed in immigration and anti-terrorism laws, noting the need for safeguards not …

The Needle And The Damage Done: How Hoffman Plastics Promotes Sweatshops And Illegal Immigration And What To Do About It , Jennifer S. Berman

ExpressO

This paper examines the intersection of immigration and labor law as developed in federal law, culminating in the recent Supreme Court case, Hoffman Plastics. Arguing that Hoffman was wrongly decided, the paper further demonstrates that stronger penalties are necessary under the NLRA to deter employer wrongdoing, protect workers’ rights, and slow the proliferation of sweatshops.

In The Name Of National Security Or Insecurity?: The Potential Indefinite Detention Of Non-Citizen Certified Terrorists In The United States And The United Kingdom In The Aftermath Of September 11, 2001, Dana L. Keith

ExpressO

No abstract provided.