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Immigration Law Commons

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Immigration policy

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Articles 1 - 14 of 14

Full-Text Articles in Immigration Law

No Soy De Aquí, Ni Soy De Allá: U.S. Citizen Children Are Paying The Price For Our Nation's Broken Immigration System (Comment), Daisy J. Ramirez May 2023

No Soy De Aquí, Ni Soy De Allá: U.S. Citizen Children Are Paying The Price For Our Nation's Broken Immigration System (Comment), Daisy J. Ramirez

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

Current immigration polices continue to force mixed-status family separation and do not provide any attainable avenues for immigration relief. Modern immigration law is complex, filled with statutes and regulations that create waste, delay, and confusion among immigrants, their families, and the United States judicial system. As a result, U.S. citizen children are bearing the costs of a faulty immigration system.


Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu Mar 2022

Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu

Faculty Publications

The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger forms of discrimination, including the harms of decitizenship. These harms include limited access to full citizenship rights due to legal barriers, restricted cultural and political power, and a lack of belonging. The Article concludes that these harms result from the structure of past and present immigration laws …


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. A multivariable regression analysis revealed …


Searching For Humanitarian Discretion In Immigration Enforcement: Reflections On A Year As An Immigration Attorney In The Trump Era, Nina Rabin Jan 2019

Searching For Humanitarian Discretion In Immigration Enforcement: Reflections On A Year As An Immigration Attorney In The Trump Era, Nina Rabin

University of Michigan Journal of Law Reform

This Article describes one of the most striking features of the Trump Administration’s immigration policy: the shift in the way discretion operates in the legal immigration system. Unlike other high-profile immigration policies that have been the focus of class action lawsuits and public outcry, the changes to the role of discretion have attracted little attention, in part because they are implemented through low-visibility individualized decisions that are difficult to identify, let alone challenge systemically. After providing historical context regarding the role of discretion in the immigration system before the Trump Administration, I offer four case studies from my immigration practice …


Health Justice For Immigrants, Medha D. Makhlouf Jan 2019

Health Justice For Immigrants, Medha D. Makhlouf

Faculty Scholarly Works

Should universal health coverage include immigrants within the “universe?” Should federal taxpayers subsidize health insurance coverage for immigrants, even those who are undocumented? Should all immigrants be required to purchase health insurance? Although the Affordable Care Act (ACA) is conceived as a progressive project to expand access to coverage and promote equity in health care, it intentionally left out the 12.5 million undocumented immigrants living in the United States and preserved the existing restrictions on subsidized coverage for lawfully present non-citizens. In fact, it increased the disparity in access to health care between U.S. citizens and immigrants. As a result, …


Death By Fifty Cuts: Exporting Lunn V. Commonwealth To Maine And The Prospects For Waging A Frontal Assault On The Ice Detainer System In State Courts, Sean Turley Jun 2018

Death By Fifty Cuts: Exporting Lunn V. Commonwealth To Maine And The Prospects For Waging A Frontal Assault On The Ice Detainer System In State Courts, Sean Turley

Maine Law Review

As long as the future of federal immigration policy remains unsettled and the use of ICE detainers to capture and deport suspected noncitizens remains widespread, practitioners should focus their attention on waging a frontal assault against the legality of ICE detainers on state law grounds by arguing that they constitute warrantless arrests that are prohibited by state statute. The recent Massachusetts Supreme Judicial Court decision in Lunn v. Commonwealth provides a model for how to wage such an attack—not only in states with similar common law and statutory frameworks that are unlikely to resolve the issue legislatively, like Maine, but …


Silent Protest And The Art Of Paper Folding: The Golden Venture Paper Sculptures At The Museum Of Chinese In America, Sandra Cheng Jan 2016

Silent Protest And The Art Of Paper Folding: The Golden Venture Paper Sculptures At The Museum Of Chinese In America, Sandra Cheng

Publications and Research

Housed in the Museum of Chinese in America is the Fly to Freedom collection of paper art, which were produced by a traditional folk method of Chinese paper folding. The 123 paper works were created by detainees of the Golden Venture, a freighter used to smuggle undocumented immigrants into the U.S. On the evening of June 6, 1993, the ship ran aground off the Rockaways in New York City and nearly 300 migrants, gaunt from the four-month ordeal at sea, poured out of the cramped windowless hold of the vessel. Several drowned that night, a few escaped, but the majority …


Becoming Dacamented: Assessing The Short-Term Benefits Of Deferred Action For Childhood Arrivals (Daca), Roberto G. Gonzales, Veronica Terriquez, Stephen Ruszczyk Oct 2014

Becoming Dacamented: Assessing The Short-Term Benefits Of Deferred Action For Childhood Arrivals (Daca), Roberto G. Gonzales, Veronica Terriquez, Stephen Ruszczyk

Department of Sociology Faculty Scholarship and Creative Works

In response to political pressure, President Obama authorized the Deferred Action for Childhood Arrivals (DACA) program in 2012, giving qualified undocumented young people access to relief from deportation, renewable work permits, and temporary Social Security numbers. This policy opened up access to new jobs, higher earnings, driver’s licenses, health care, and banking. Using data from a national sample of DACA beneficiaries (N = 2,381), this article investigates variations in how undocumented young adults benefit from DACA. Our findings suggest that, at least in the short term, DACA has reduced some of the challenges that undocumented young adults must overcome …


Border Fixation: The Appearance Of Security And Control In Immigration Reform, Katherine L. Vaughns Jan 2014

Border Fixation: The Appearance Of Security And Control In Immigration Reform, Katherine L. Vaughns

Faculty Scholarship

Immigration reform is the subject of intense discussion among politicians, policy experts, analysts, and advocacy groups alike; America’s never-ending debate which today has been infected with shameless demagoguery, rendering sound policy choices virtually impossible. And in this political cauldron, the appearance of border security and control through symbolism and political rhetoric substitute for the practical realities that are essential to inform policymakers about the appropriate administration and enforcement of U.S. immigration laws. For Congress has had an ongoing, unsound focus on sealing the border it shares with Mexico, its southwestern neighbor, seemingly without regard to costs especially in the post-9/11 …


Obama's Ruby Slippers: Enforcement Discretion In The Absence Of Immigration Reform, Lauren Gilbert Sep 2013

Obama's Ruby Slippers: Enforcement Discretion In The Absence Of Immigration Reform, Lauren Gilbert

West Virginia Law Review

This Article explores how Deferred Action for Childhood Arrivals (DACA) emerged both from thwarted efforts at immigration reform and the Supreme Court's highly anticipated decision in Arizona v. UnitedStates.' I ar- gue that DACA not only was adopted in response to repeated failed efforts to pass the DREAM Act; it was also promulgated in anticipation of a possible fa- vorable ruling by the Court on S.B. 1070. In Part I, I examine the current sepa- ration of powers crisis in immigration policy. I look at both the context in which DACA was adopted and at challenges to DACA in Court …


Border Fixation: The Appearance Of Security And Control In Immigration Reform, Katherine L. Vaughns Oct 2012

Border Fixation: The Appearance Of Security And Control In Immigration Reform, Katherine L. Vaughns

Katherine L. Vaughns

Immigration reform is the subject of intense discussion among politicians, policy experts, analysts, and advocacy groups alike; America’s never-ending debate which today has been infected with shameless demagoguery, rendering sound policy choices virtually impossible. And in this political cauldron, the appearance of border security and control through symbolism and political rhetoric substitute for the practical realities that are essential to inform policymakers about the appropriate administration and enforcement of U.S. immigration laws. For Congress has had an ongoing, unsound focus on sealing the border it shares with Mexico, its southwestern neighbor, seemingly without regard to costs especially in the post-9/11 …


Cubans, ¡Si!; Haitians, ¡No!: U.S. Immigration Policy, Cultural Politics, And Immigrant Eligibility, Michele Zebich-Knos Jun 2010

Cubans, ¡Si!; Haitians, ¡No!: U.S. Immigration Policy, Cultural Politics, And Immigrant Eligibility, Michele Zebich-Knos

Journal of Global Initiatives: Policy, Pedagogy, Perspective

No abstract provided.


Hope For Change In Immigration Policy: Recommendations For The Obama Administration, Ajmel Quereshi Jan 2009

Hope For Change In Immigration Policy: Recommendations For The Obama Administration, Ajmel Quereshi

Human Rights Brief

No abstract provided.


The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini Jan 1992

The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini

Articles

As of the summer of 1991, though the World Health Organization (WHO) had only 366,455 documented cases of Acquired Immune Deficiency Syndrome (AIDS), the organization estimated that as many as 1.25 million people worldwide had actually contracted AIDS. That number was predicted to grow to twenty-five to thirty million cases of HIV worldwide by the year 2000. With hysteria and misinformation surrounding the transmission HIV/AIDS, Congress made changes to existing immigration laws to exclude entry to individuals with HIV. This comment critiques the early 1990s United States immigration policy that added HIV to the list of diseases for which a …