Immigration Law Commons^™

State-Created Immigration Climates And Domestic Migration, Huyen Pham, Pham Hoang Van

Faculty Scholarship

With comprehensive immigration reform dead for the foreseeable future, immigration laws enacted at the subfederal level -- cities, counties, and states -- have become even more important. Arizona has dominated media coverage and become the popular representation of the states' response to immigration by enacting SB 1070 and other notoriously anti-immigrant laws. Illinois, by contrast, has received relatively little media coverage for enacting laws that benefit the immigrants within its jurisdiction. The reality on the ground is that subfederal jurisdictions in the United States have taken very divergent paths on the issue of immigration regulation.

Compiling city, county, and state …

Protecting Syrian Refugees: Laws, Policies, And Global Responsibility Sharing, Susan M. Akram, Sarah Bidinger, Aaron Lang, Danielle Hites, Yoana Kuzmova, Elena Noureddine

Faculty Scholarship

This article provides an excerpt of a report that maps out how the Syrian refugee crisis is being played out in four of the main states hosting the refugees, Lebanon, Jordan, Egypt and Turkey. This excerpt focuses on the laws and policies in the host states and how they are creating particularly devastating consequences for Palestinian refugees. The excerpt sets out the Report’s conclusions and recommendations, primarily the call for a global Comprehensive Plan of Action (cpa), with various components within and outside the Middle East region that build on existing legal obligations to better allocate responsibility for the refugee …

Immigration Federalism As Ideology: Lessons From The States, Lina Newton

Publications and Research

Over the last decade states passed hundreds of immigration bills covering a range of policy areas. This article considers the recent state legislative surge against scholarly treatments of immigration federalism, and identifies the symbolic politics in state lawmaking. The analysis combines a historical treatment of key court decisions that delineated boundaries of state and federal immigration roles with a legislative analysis of over 2200 immigration bills passed between 2006 and 2013, to identify the numerous ways in which national immigration policy shapes state measures. It argues that recent laws must be considered against symbolic federalism which privileges state sovereignty and …

Where The American Dream Becomes A Nightmare: Lgbt Detainees In Immigration Detention Facilities, Lauren Zitsch

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

No abstract provided.

As Respected As A Citizen Of Old Rome: Assessing Good Moral Character In The Age Of National Security, Jennifer Chin, Zeenat Hassan

UC Irvine Law Review

No abstract provided.

Let Ghosts Be Ghosts, Toni L. Mincieli

St. John's Law Review

(Excerpt)

Part I of this Note discusses the rise of pro se status in civil matters, specifically in immigration proceedings, and how courts and the legal community have responded with limited scope representation, including ghostwriting. Part II discusses in detail the controversy surrounding ghostwriting. It also illustrates how ghostwriting is, fortunately, beginning to gain acceptance. Lastly, Part III urges the acceptance of ghostwriting in immigration proceedings. It explains why ghostwriting is essential to immigrants and how the arguments put forth against the practice are not applicable to immigration proceedings.

Smart(Er) Enforcement: Rethinking Removal, Daniel Kanstroom

Daniel Kanstroom

Substantial interior immigration enforcement will undoubtedly continue in the United States, whether or not the legislative and executive branches can craft a legalization program. Though some enforcement is undoubtedly necessary, the system’s continuity will also be due in part to inertia. The size of the current enforcement system is stunning, affecting many millions of noncitizens and removing many hundreds of thousands annually. Equally impressive are its costs and its complexity. One recent study aptly described the system as “formidable machinery,” involving a “complex, cross-agency system that is interconnected in an unprecedented fashion.” Spending on immigration enforcement was about $18 billion …

Human Trafficking: Statute Comparisons And Attitudes In Nebraska, Katie Sheets

Seventh Annual Interdisciplinary Conference on Human Trafficking (2015)

Human trafficking has become an issue for global concern. Here in the United States, the Federal government and all fifty states are taking steps to combat the pervasive problem. This study looks at the anti-human trafficking statutes of all fifty states and compares them with each other to see how each state stacks up against the other. Nebraska was the focus of the study as the unicameral has recently been enacting changes to the state’s laws against human trafficking. Nebraska was expected to at least be with the majority of states with their human trafficking provisions. The study then looked …

Trending @ Rwulaw: Veronica Paricio's Post: What We Did Last Summer..., Veronica Paricio

Law School Blogs

No abstract provided.

Integrating Skills And Collaborating Across Law Schools : An Example From Immigration Law, Jennifer Lee Koh, Anna Welch

Nevada Law Journal

No abstract provided.

Extraterritorial Abductions: A Newly Developing International Standard, Martin Feinrider

Akron Law Review

It is these extra-legal extraterritorial apprehensions, and their status under international law, that will be the subject of this study. Here, the focus will be on the question of protection against acts of outright abduction. The conclusions reached in this study, however, would be applicable to any extra-legal extraterritorial abduction in which the apprehending State could be considered to be guilty of complicity. It is the problem of the extraterritorial violation of human rights that is to be addressed.

Access To Justice For Asylum Seekers: Developing An Effective Model Of Holistic Asylum Representation, Sabrineh Ardalan

University of Michigan Journal of Law Reform

Abducted, beaten, and tortured by government forces that accused him of supporting an opposition group, Matthew fled to the United States with the help of his church pastor.1 The pastor lent Matthew money and helped him obtain a passport and a visa. The pastor also put Matthew in touch with an acquaintance in Boston, who gave him a place to stay for a short time and encouraged him to apply for asylum. The acquaintance sat down with Matthew and helped him fill out the asylum application form. He told Matthew to be as specific and detailed as possible since that …

United States Migrant Interdiction And The Detention Of Refugees In Guantánamo Bay, Azadeh Dastyari

Azadeh Dastyari

This book provides a thorough legal analysis of the United States Migrant Interdiction Program, examining the United States' compliance with its obligations under municipal and international law as it interdicts individuals at sea, conducts status determinations, and returns those interdicted to their home countries. This book also examines the rights of the small number of refugees and individuals at risk of torture detained in Guantánamo Bay, Cuba, awaiting resettlement in third countries. Policy-makers, students and scholars will benefit from this book's clarification of the legal obligations of nations engaged in extraterritorial status determination and detention, as well as its blueprint …

Immigrant Victims, Immigrant Accusers, Michael Kagan

University of Michigan Journal of Law Reform

The U visa program provides immigration status to noncitizen victims of crime, ensuring unauthorized immigrants do not become easy prey because they are too afraid to seek help from the police. But under the federal government’s structuring of the U visa program, a victim must also become an accuser to receive immigration benefits. Thus, the U visa implicates the rights of third parties: accused defendants. These defendants are often immigrants themselves who may be deported when U visa recipients level their accusations. Recent state court decisions have created complications in the program by permitting defendants to cross-examine accusers about their …

The Inquisitorial Advantage In Removal Proceedings, Won Kidane

Akron Law Review

A thoughtful student once asked an immigration judge during an informal exchange: “If the respondent in your court who has just been found deportable appears to qualify for cancellation of removal but has failed to fill out the form properly, what would you do?” The judge responded matter-of-factly, “I am not his attorney. If the application is not completed properly, I don’t have an application to consider.” It goes without saying that the judge would then order the respondent deported for not submitting a properly completed application for relief. The judge’s response might have seemed harsh or even insensitive to …

The Impact Of Interior Immigration Enforcement On Mixed-Citizenship Families, Michael J. Sullivan, Roger Enriquez Sr.

Roger Enriquez Sr.

In this article, we trace the expansion of interior immigration enforcement measures since the 1990s, focusing on the period after the creation of the U.S. Department of Homeland Security (DHS) in 2003. We consider the rationale for escalation of enforcement and its expansion to include local and state law enforcement agencies during this period. We will examine who benefits economically and politically, detailing the role of local jails, private corrections corporations, and the communities that are financially dependent on the prisons industry. Throughout, we consider how the expansion of immigration enforcement has affected U.S. citizen children and spouses of unauthorized …

Joint Submission To The U.N. Committee Against Torture Concerning The United States’ Mistreatment Of Immigrant Detainees In Violation Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Relation To The United States 5th Periodic Report On The Convention Against Torture (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Jennifer Chan

Steven D. Schwinn

This report relates to the mistreatment and abuse that adult immigrant detainees suffer in United States detention facilities. It is submitted in response to the United States’ periodic report relating to the Convention Against Torture (CAT) and specifically addresses the deplorable conditions of detention, the use of solitary confinement, the problem of sexual violence in detention and the lack of investigation of such acts, the refoulement of detainees who face risk of torture, the enforcement of the non-derogable prohibition of torture, and the prevention of cruel, inhuman or degrading treatment or punishment. This report discusses current practices of the U.S. …

Concerning The Use Of Solitary Confinement In Immigrant Detention Facilities In The United States Of America (2013), Sarah Dávila-Ruhaak, Steven D. Schwinn

Steven D. Schwinn

This report relates to the situation of immigrant detainees who are held in solitary confinement in detention facilities in the United States. It is submitted in response to the United States’ fourth periodic report and specifically addresses the widespread use of solitary confinement in immigrant detention as it violates immigrant detainees’ rights to due process and judicial remedies, violations of minimum standards of the right to humane treatment, and the right to personal liberty. The report discusses the policies and practices of the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) that support the use of …

Deliberate Destitution As Deterrent: Withholding The Right To Work And Undermining Asylum Protection, Lori A. Nessel

San Diego Law Review

This Article critiques the United States’ bar on employment for asylum seekers on a number of fronts. Beginning with a historical perspective, I explore the more humane regime that existed in the United States until 1995. Under this prior system, asylum seekers with bona fide claims were permitted to work while their claims proceeded. This Article examine the underlying fears and policy goals that led Congress to dramatically curtail protection and the right to work for asylum seekers. By situating the prohibition on work for asylum seekers within the larger context of overall punitive immigration reforms and the increasing criminalization …

Asians, Gay Marriage, And Immigration: Family Unification At A Crossroads, Victor C. Romero

Victor C. Romero

Family unification has long been a significant component of U.S. immigration policy, and the Asian Pacific American (APA) community has long been a champion of laws that strengthen America's commitment to this goal. The recent emergence of same-gender marriages among state and local governments has caused society to consider more closely its definition of the family, challenging the traditional notion that only civil unions between heterosexuals should be celebrated. But because U.S. immigration law does not include a gay or lesbian partner within its statutory definition of spouse, binational same-gender couples may not legally remain in the country together, even …

Snap: How The Moral Elasticity Of The Denaturalization Statute Goes Too Far, Aram A. Gavoor, Daniel Miktus

William & Mary Bill of Rights Journal

Comprehensive immigration reform is a popular topic in Congress. While many reform bills have been offered, none have addressed the significant substantive and procedural issues surrounding denaturalization, the process where the federal government may seek to have a naturalized person’s citizenship revoked in federal court if his citizenship was unlawfully or fraudulently procured.Though denaturalization serves public policy as a final check on naturalization fraud, existing law also permits the government to denaturalize an individual solely for speech and expressive association that occurs after one acquires citizenship. This provision, 8 U.S.C. § 1451(c), violates naturalized citizens’ First Amendment rights to free …

Citizenship For The Guest Workers Of The Commonwealth Of The Northern Mariana Islands, Rose Cuison Villazor

Chicago-Kent Law Review

This essay explores an underexamined yet compelling immigration issue: whether Congress should confer to long-term guest workers in the Common-wealth of the Northern Mariana Islands (CNMI) a path to lawful permanent residence and citizenship. The issue has led to contentious debates between groups arguing for a fair and equitable result for the guest workers and groups advocating for the indigenous peoples of the CNMI who fear loss of political power. Contend-ing that both arguments raise important anti-subordination claims, this essay argues that resolution of the issue requires a close examination of the historical, cultural and economic factors that led to …

Newsroom: A New Voice For Access To Justice, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Hear.Us Project - Reducing Anti-Immigrant Sentiment And Myth Through An Online Awareness Intervention, Douglas J. Epps

MSW Capstones

The following is an online awareness intervention designed to reduce anti-immigrant sentiment and myth throughout the greater community by means of an educational toolkit. The foundation of this toolkit was designed using macro level theoretical intervention frameworks. The content is grounded in empirically based interpersonal communication strategies specialized in addressing anti-immigrant sentiment. The goal of this toolkit is to provide a source for humanizing and factual education especially for those who are unfamiliar with immigrant community members. The intervention achieves this goal by means of three specific elements: 1) Humanizing and inspiring personal stories from immigrants in the local community …

The Perfect Storm: An Analysis Of Discriminatory Policing In East Haven (Ct), Amanda G. Gurren

Senior Theses and Projects

No abstract provided.

Exploring Daca Recipients' Access To Higher Education In Connecticut, Chloe V. Shiras

Senior Theses and Projects

Deferred Action for Childhood Arrival (DACA) recipients represent a new and somewhat unexplored population within the undocumented immigrant community. Having only been introduced three years ago, they live within a state of liminality, legally present in the United States for the first time but with the understanding that it can be stripped from them without a moments warning. DACA is an executive order announced by Obama in 2012, which stated that certain DREAMers (young undocumented immigrants who had been brought to the United States by their parents at a young age) would receive temporary relief from deportation, a work permit, …

The Efficacy Of Indefinite Detention: Assessment Of Immigration Case Law In Kiyemba V. Obama, Hansdeep Singh

University of Massachusetts Law Review

This note discusses the potential indefinite detention, also called preventative detention, of the Uighur detainees. Until early 2010, the U.S. Government had been unable to resettle seventeen Uighurs for over 5 years. In 2009, the Supreme Court, granted certiorari on the issue of whether federal courts have the authority to ―order the release of prisoners held at Guantanamo Bay 'where the Executive detention is indefinite and without authorization in law, and release into the continental United States is the only possible effective remedy.‘ However, on March 1, 2010, the Supreme Court vacated and remanded the case to the United States …

What's At Stake?: Bluman V. Federal Election Commission And The Incompatibility Of The Stake-Based Immigration Plenary Power And Freedom Of Speech, Alyssa Markenson

Northwestern University Law Review

Section 441e of the U.S. Code prohibits “foreign nationals”—all noncitizens except lawful permanent residents—from making any contribution or expenditure in any federal, state, or local election. In Bluman v. Federal Election Commission, the Supreme Court summarily affirmed a three-judge district court’s decision to uphold the law based on the government’s compelling interest in preventing foreign influence over U.S. elections. Notably, Bluman’s holding was animated by its reasoning that the extent of First Amendment protection should be directly tied to the aliens’ stake in American society—a reflection of the Supreme Court’s jurisprudence since the middle of the twentieth century that seeks …

Rethinking Immigration’S Mandatory Detention Regime: Politics, Profit, And The Meaning Of “Custody”, Philip L. Torrey

University of Michigan Journal of Law Reform

Immigration detention in the United States is a crisis that needs immediate attention. U.S. immigration detention facilities hold a staggering number of persons. Widely believed to have the largest immigration detention population in the world, the United States detained approximately 478,000 foreign nationals in Fiscal Year 2012. U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement, boasts that the figure is “an all-time high.” In some ways, these numbers are unsurprising, considering that the United States incarcerates approximately one in every one hundred adults within its borders—a rate five to ten times higher than any other Westernized …

Zealous Advocacy: Pushing Against The Borders In Immigration Litigation, Elizabeth Keyes

All Faculty Scholarship

This article examines the forces that undermine zealous advocacy in the context of immigration court, and connects the context-specific issue of immigration defense to debates in the ethics literature about the possible justifications for zealous advocacy. As state bar rules and legal cultures and sub-cultures de-emphasize or remove the duty of zealousness, zealousness becomes increasingly counter-cultural. The article explores those trends, and shows (drawing on existing criminal defense ethical literature) why zealousness is justified in the adversarial and consequential immigration context. The article examines why a broadly understood and well-elaborated standard of zealous advocacy for immigration lawyers would be useful, …