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Articles 1 - 30 of 32
Full-Text Articles in Immigration Law
Challenging Notions Of U.S. Citizenship: The Contributions Of Mexican Americans, Tracy E. Kirby
Challenging Notions Of U.S. Citizenship: The Contributions Of Mexican Americans, Tracy E. Kirby
Master's Theses
The United States has always been a nation of immigrants, in which the idea of “citizenship” has had very strong intrinsic values, and has divided those who “have it” from those who “don’t,” since the first legal construction of such categories in 1790. Longstanding contradictions, characterized by ceremonies awarding citizenship to some and laws of exclusion, deportation, and forced removal for others, have embodied U.S. approaches to citizenship, and created a dichotomy between “citizen” and “alien.” This Master's Thesis will initiate a discussion and reformulation of what it means to be a citizen in the United States, and more importantly …
The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le
The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le
William & Mary Bill of Rights Journal
No abstract provided.
"Passed Beyond Our Aid:" U.S. Deportation, Integrity, And The Rule Of Law, Daniel Kanstroom
"Passed Beyond Our Aid:" U.S. Deportation, Integrity, And The Rule Of Law, Daniel Kanstroom
Daniel Kanstroom
The United States is still in the midst of a massive deportation experiment that is exceptionally sweeping and harsh by virtually any historical or comparative measure. In the last twenty-five years, the number of non-citizen deportations has exceeded 25 million. It is therefore important to think critically about how deportation is really working, especially as to many hundreds of thousands of green-card holders. These individuals have grown up, been fully acculturated, attended school, and raised families in the United States. Upon deportation, they are separated from their families and sent to places where they frequently have few acquaintances, do not …
Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein
Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein
Connecticut Public Interest Law Journal
Vol. 11, No. 1
Assessment Of International Efforts To Protect The Rights Of Unaccompanied Minors, Kyla Gaines
Assessment Of International Efforts To Protect The Rights Of Unaccompanied Minors, Kyla Gaines
Independent Study Project (ISP) Collection
Children’s rights have been violated for centuries. These violations of children’s rights may include but are not limited to a child's access to education, adequate food or quality health care. Over the last few years there have been a rising number of prevalent issues that impact children, including trafficking, slave labor, and unaccompanied minors (UAM) migrating from their countries of origin to new host states in North America and Europe. The issue of unaccompanied minors migrating to Europe has been prevalent for years. "In most EU member states arrivals started during the 1990's. I'd say the issue became prevalent at …
Vincentian Leadership—Advocating For Justice, Craig B. Mousin
Vincentian Leadership—Advocating For Justice, Craig B. Mousin
Craig B. Mousin
DePaul University employs thousands of people. As Craig Mousin writes, “To do justice to those we seek to serve necessitates that we do justice to those who engage in our work.” He explores “the centrality of work to life and mission” (including the personal and individual missions employees have for themselves) and what justice in the workplace means. He “examine[s] historical concepts of justice to understand what an advocate of justice works toward in a Vincentian institution.” Mousin also discusses how Vincentian leadership principles and “understandings of justice” should be applied in employment situations, especially when the law might advise …
The 9/11 Effect And Its Legacy On U.S. Immigration Laws: Essays, Remarks, And Photographs, Penn State Law Immigrants' Rights Clinic, Penn State School Of International Affairs
The 9/11 Effect And Its Legacy On U.S. Immigration Laws: Essays, Remarks, And Photographs, Penn State Law Immigrants' Rights Clinic, Penn State School Of International Affairs
Center for Immigrants' Rights Clinic Publications
An anthology of 9/11 reflections released today by the Penn State Law Center for Immigrants’ Rights and the Penn State School of International Affairs concentrates on the impact of the attacks on the lives of immigrants and immigration policy, providing both a report card and ideas for the future.
Sharing Secrets: Examining Deferred Action And Transparency In Immigration Law, Shoba S. Wadhia
Sharing Secrets: Examining Deferred Action And Transparency In Immigration Law, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
Sharing Secrets: Examining Deferred Action and Transparency in Immigration Law
Abstract
This Article is about deferred action and transparency in related immigration cases falling under the jurisdiction of the Department of Homeland Security (DHS). While scholars from other genres have written extensively on the topic of prosecutorial discretion, the subject is largely absent from immigration scholarship, with the exception of early research conducted by Leon Wildes in the late 1970s and early 2000s, and a law review article I published in 2010 outlining the origins of prosecutorial discretion in immigration law and related lessons that can be drawn from administrative …
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin
Faculty Scholarship
No abstract provided.
Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Disability Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord
Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Disability Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord
Faculty Publications
No abstract provided.
Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez
Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez
All Faculty Scholarship
Latinos currently represent the largest minority in the United States. In 2009, we witnessed the first Latina appointment to the United States Supreme Court. Despite these events, Latinos continue to endure racial discrimination and social marginalization in the United States. The inability of Latinos to gain political acceptance and legitimacy in the United States can be attributed to the social construct of Latinos as threats to national security and the cause of criminal activity.
Exploiting this pretense, American government, society and nationalists are able to legitimize the subordination and social marginalization of Latinos, specifically Mexicans and Central Americans, much to …
Justice For All: Improving Enforcement And Relief Efforts Of Human Trafficking Laws In Relation To Immigration Reform And Border Control, Katelyn J. Flynn
Justice For All: Improving Enforcement And Relief Efforts Of Human Trafficking Laws In Relation To Immigration Reform And Border Control, Katelyn J. Flynn
Honors Program Projects
This paper is based on the experience of living in Washington D.C., interning in the Senate, and participating in the American Studies Program for a semester in order to comprehensively research immigration reform with a focus on human trafficking laws and border security. Human trafficking violates human rights by forcing or coercing men, women, and children for sexual or labor exploitation. Globally, 600,000 to 800,000 victims are trafficked and 14,500 to 17,500 people are trafficked into the United States each year. This paper exposes the issue of human trafficking, reports research, and answers questions about how human trafficking affects its …
Tensions In Rhetoric And Reality At The Intersection Of Work And Immigration, Jennifer Gordon
Tensions In Rhetoric And Reality At The Intersection Of Work And Immigration, Jennifer Gordon
UC Irvine Law Review
No abstract provided.
Criminal Clinics In The Pursuit Of Immigrant Rights: Lessons From The Loncheros, Ingrid V. Eagly
Criminal Clinics In The Pursuit Of Immigrant Rights: Lessons From The Loncheros, Ingrid V. Eagly
UC Irvine Law Review
No abstract provided.
Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez
Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez
Faculty Articles and Other Publications
Latinos currently represent the largest minority in the United States. In 2009, we witnessed the first Latina appointment to the United States Supreme Court. Despite these events, Latinos continue to endure racial discrimination and social marginalization in the United States. The inability of Latinos to gain political acceptance and legitimacy in the United States can be attributed to the social construct of Latinos as threats to national security and the cause of criminal activity.
Exploiting this pretense, American government, society and nationalists are able to legitimize the subordination and social marginalization of Latinos, specifically Mexicans and Central Americans, much to …
The Road To S.B. 1070: How Arizona Became Ground Zero For The Immigrants' Rights Movement And The Continuing Struggle For Latino Civil Rights In America, Kristina M. Campbell
The Road To S.B. 1070: How Arizona Became Ground Zero For The Immigrants' Rights Movement And The Continuing Struggle For Latino Civil Rights In America, Kristina M. Campbell
Journal Articles
When Arizona Governor Janice K. Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act - better known as SB 1070 - into law in April 2010, the world was taken aback not only by the State of Arizona’s brazen attempt to regulate immigration at the state level, but by the manner in which it pledged to do so. By giving state and local law enforcement officials the responsibility to detain persons that they have “reasonable suspicion” to believe are unlawfully present, the Arizona immigration law was not only branded “the toughest immigration law in the country,” but it …
Specialty Bars As A Site Of Professionalism: The Immigration Bar Example, Leslie Levin
Specialty Bars As A Site Of Professionalism: The Immigration Bar Example, Leslie Levin
Faculty Articles and Papers
As the practice of law has become increasingly specialized, specialty bar associations have become more important to the work lives of many lawyers and their understanding of professional norms. This article looks at the role of a single specialty bar association - the American Immigration Lawyers Association (AILA) - in the construction of its members’ norms and values. The article draws on semi-structured interviews with 71 immigration lawyers in the New York City metropolitan area to identify the ways in which specialty bars foster lawyers’ understanding of professional norms - both formally and informally - through education, information sharing, mentoring, …
9/11 And The Transformation Of U.S. Immigration Law And Policy, Jayesh Rathod
9/11 And The Transformation Of U.S. Immigration Law And Policy, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Implementation Analysis Of Two Legal Means To Grant Undocumented Immigrant Crime Victims U.S. Residency Status, Shelley Sellwood-Davis
Implementation Analysis Of Two Legal Means To Grant Undocumented Immigrant Crime Victims U.S. Residency Status, Shelley Sellwood-Davis
MPA/MPP/MPFM Capstone Projects
In order to complete an implementation analysis of the T Human Trafficking Status and the U Victims of Crime Status, legislation, articles, annual reports produced by the government and its agencies, and written documents were assessed and compiled to create a framework for highlighting the significant elements of each status, a process that has not been done prior to this effort. This framework was then examined from an intervention theorist’s perspective to assess whether the statuses have been implemented in a manner that meets the goals of the authorizing legislation.
The T Human Trafficking Status and U Victims of Crime …
Family Separation And Child Welfare Protocols In Mixed-Immigration Status Immigrant Households, Anna O. Oleary
Family Separation And Child Welfare Protocols In Mixed-Immigration Status Immigrant Households, Anna O. Oleary
Anna Ochoa OLeary
Purpose: The experience of immigrant families under growing immigration enforcement policies were explored to better understand the health implications that anti-immigrant policies may have on children, their families, and the wider social fabric of the immigrant community in Tucson, Arizona. This pilot study will help researchers formulate funding strategies for a more comprehensive and systematic collection of data with policy implications at a national level.
Research Design: A community based participation action research approach helped researchers formulate questions and organize focus groups to capture the nuances of mixed immigration status families—the varied legal status of family members within households—a condition …
Helping Haiti In The Wake Of Disaster: Law Students As First Responders, Melissa Gibson Swain, Jonel Newman
Helping Haiti In The Wake Of Disaster: Law Students As First Responders, Melissa Gibson Swain, Jonel Newman
Articles
No abstract provided.
The Campaign For Bias-Free Policing In Vermont: One State’S Resistance To The Localization Of Federal Immigration Agency, Amanda L. Park
The Campaign For Bias-Free Policing In Vermont: One State’S Resistance To The Localization Of Federal Immigration Agency, Amanda L. Park
Capstone Collection
There are roughly 1,500 immigrants from Mexico and Central America currently working on farms in Vermont, helping to sustain approximately half of all milk produced in the state. But the lack of adequate visa-to-work options leaves these individuals without proper documentation to be in the US. As such, they are vulnerable to exploitation by their employers, susceptible to harassment from the communities in which they live, and under constant threat of deportation by federal immigration agents. Now, the US Department of Homeland Security—in charge of domestic defense and immigration—is attempting to use local and state law enforcement officers in the …
Sent ‘Home’ With Nothing: The Deportation Of Jamaicans With Mental Disabilities, Georgetown University Law Center, Human Rights Institute
Sent ‘Home’ With Nothing: The Deportation Of Jamaicans With Mental Disabilities, Georgetown University Law Center, Human Rights Institute
HRI Papers & Reports
No abstract provided.
The Constitutionality Of Collateral Post-Conviction Claims Of Actual Innocence Comment., Craig M. Jacobs
The Constitutionality Of Collateral Post-Conviction Claims Of Actual Innocence Comment., Craig M. Jacobs
St. Mary's Law Journal
The notion that the state can punish innocent people disrupts public confidence in the usefulness of the criminal justice system. If, by legislative design, the criminal justice system is not concerned with or is accepting of situations where innocent people are punished by the state, should courts take immediate action? Once criminal defendants exhaust the appellate process, Supreme Court Justices have stated, federal courts should not hear claims of actual innocence. Such statements are supported by the federal habeas corpus statute as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). AEDPA requires federal habeas courts to …
What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley
What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley
St. Mary's Law Journal
Crawford v. Washington and its progeny demonstrate the difficulty of delineating both the core and the perimeter of the Confrontation Clause. Crawford abrogated Ohio v. Roberts, forcing trial lawyers to re-evaluate the use of various types of hearsay formerly admitted upon a finding of adequate “indicia of reliability.” Later the Court issued two decisions further altering the contours of Confrontation Clause jurisprudence. Michigan v. Bryant and Bullcoming v. New Mexico. With these options, the old Roberts “indicia of reliability” test transformed into the new “primary purpose” test to identify certain testimonial statements. By significantly altering the contours of Confrontation Clause …
Faces Of Immigration Reform, Steven W. Bender
Faces Of Immigration Reform, Steven W. Bender
Faculty Articles
Recognizing the need for a sympathetic construction of immigrants as a precursor to comprehensive immigration reform that goes beyond enforcement prerogatives, this article surveys the various “faces” of immigration reform - both of advocates for progressive reform and the potentially sympathetic group images they wield. The article concludes that no image - whether of undocumented workers generally, farm laborers, immigrant children and Dreamers, or undocumented veterans - is poised to garner sympathy from voters and policymakers, particularly against the backdrop of the current economic crisis. Reform may hinge, then, on interest convergence so powerful that it transcends the prevailing negative …
Boyd Law's Thomas & Mack Clinic Scores Important Ninth Circuit Victory, Anne R. Traum
Boyd Law's Thomas & Mack Clinic Scores Important Ninth Circuit Victory, Anne R. Traum
Scholarly Works
No abstract provided.
Opening The Floodgates Or Filing The Gap: Perdomo V. Holder Advances The Ninth Circuit One Step Closer To Recognizing Gender-Based Asylum Claims, Jesse Imbriano
Opening The Floodgates Or Filing The Gap: Perdomo V. Holder Advances The Ninth Circuit One Step Closer To Recognizing Gender-Based Asylum Claims, Jesse Imbriano
Villanova Law Review
No abstract provided.
Rethinking Indirect Victim Eligibility For U Non-Immigrant Visas To Better Protect Immigrant Families And Communities, Elizabeth Mccormick
Rethinking Indirect Victim Eligibility For U Non-Immigrant Visas To Better Protect Immigrant Families And Communities, Elizabeth Mccormick
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Sharing Secrets Examining Deferred Action And Transparancy In Immigration Law, Shoba S. Wadhia
Sharing Secrets Examining Deferred Action And Transparancy In Immigration Law, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
This Article is about deferred action and transparency in related immigration cases falling under the jurisdiction of the Department of Homeland Security (DHS). While scholars from other genres have written extensively on the topic of prosecutorial discretion, the subject is largely absent from immigration scholarship, with the exception of early research conducted by Leon Wildes in the late 1970s and early 2000s, and a law review article I published in 2010 outlining the origins of prosecutorial discretion in immigration law and related lessons that can be drawn from administrative law and criminal law. That article ends with specific recommendations for …