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Immigration Law Commons

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Articles 1 - 6 of 6

Full-Text Articles in Immigration Law

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo Aug 2018

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

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

Abstract forthcoming


Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod Jan 2018

Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod

Articles in Law Reviews & Other Academic Journals

In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country’s military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection of the criminalization of migration, and its promotion of efforts to regularize undocumented migrants. Although the law itself is new, the values embedded in the law reflect recent trends in Brazilian immigration policy, which has embraced legalization, and has generally resisted the use of criminal law to punish …


The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School Of Law May 2016

The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


A Meditation On Moncrieffe: On Marijuana, Misdemeanants, And Migration, Victor C. Romero Jan 2014

A Meditation On Moncrieffe: On Marijuana, Misdemeanants, And Migration, Victor C. Romero

Journal Articles

This essay is a brief meditation on the immigration schizophrenia in our law and legal culture through the lens of the Supreme Court’s latest statement on immigration and crime, Moncrieffe v. Holder. While hailed as a “common sense” decision, Moncrieffe is a rather narrow ruling that does little to change the law regarding aggravated felonies or the ways in which class and citizenship play into the enforcement of minor drug crimes and their deportation consequences. Despite broad agreement on the Court, the Moncrieffe opinion still leaves the discretion to deport minor state drug offenders in the hands of the federal …


Dislocated And Deprived: A Normative Evaluation Of Southeast Asian Criminal Responsibility And The Implications Of Societal Fault, Jason H. Lee Jan 2006

Dislocated And Deprived: A Normative Evaluation Of Southeast Asian Criminal Responsibility And The Implications Of Societal Fault, Jason H. Lee

Michigan Journal of Race and Law

This Note argues that certain Southeast Asian defendants should be able to use their families' refugee experience as well as their own economic and social marginalization in the U.S. as a partial excuse for their criminal acts. This argument draws its strength from both the socioeconomic deprivation of much of the Southeast Asian community and the linking of this reality to a careful analysis of the moral foundations of the criminal law. In essence, the American criminal justice system, which draws much of its moral force to punish from the theory of retributivism, cannot morally justify the full punishment of …


Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller Jan 2005

Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller

Journal Articles

Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.