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The Grapes Of Wrath: On The Health Of Immigration Detainees, Stacey A. Tovino 2016 William S. Boyd School of Law, University of Nevada, Las Vegas

The Grapes Of Wrath: On The Health Of Immigration Detainees, Stacey A. Tovino

Boston College Law Review

This Article challenges the lack of health care provided to individuals in U.S. Immigration and Customs Enforcement (“ICE”) custody. As background, many immigration detainees are physically and emotionally vulnerable at the time of initial confinement due to a history of torture and trauma, which may include human trafficking, sexual violence, political oppression, psychosocial trauma, and acculturative stress. Detention can exacerbate preexisting vulnerabilities and contribute to severe physical and mental illness as well as death. Between October 2003 and October 2015, 153 individuals died while in ICE custody. Although most proposals for detainee health reform borrow heavily from constitutional law ...


The European Media & The Cologne Attacks, Seth Barrett Tillman 2016

The European Media & The Cologne Attacks, Seth Barrett Tillman

Seth Barrett Tillman

Seth Barrett Tillman, The European Media & the Cologne Attacks, THE NEW REFORM CLUB (Jan. 12, 2016, 9:25 AM). My article responds to a column by Derek Scally, the Germany correspondent for The Irish Times.


El Impacto Salarial De Ser Un Inmigrante Indocumentado En La República Dominicana, Jaime Aristy-Escuder 2016 Pontificia Universidad Catolica Madre y Maestra (PUCMM)

El Impacto Salarial De Ser Un Inmigrante Indocumentado En La República Dominicana, Jaime Aristy-Escuder

The Latin American and Iberian Journal of Law and Economics

This paper analyzes the impact on wages of being an undocumented immigrant in the Dominican Republic. The investigation, initiated at the request of CUEPS of PUCMM, uses an econometric model to quantify the reduction of wages suffered by immigrants who do not have identification papers—whether from their country of origin or from the Dominican Republic—, with special reference to Haitian labor supply. The econometric model is applied to microdata obtained from the National Immigrant Survey conducted in 2012.


Resumen

Este trabajo analiza el impacto sobre el salario que provoca ser un inmigrante indocumentado en la República Dominicana. La investigación ...


Solidarity And Sharing In The Common European Asylum System: The Case Of Syrian Refugees, 2016 Selected Works

Solidarity And Sharing In The Common European Asylum System: The Case Of Syrian Refugees

Eleni Karageorgiou

Although the vast majority of Syrians flee to neighboring countries, an increasing number is trying to reach European soil. On one end of the spectrum, individuals escape their war-torn country seeking protection elsewhere and on the other end the European Union (EU) and its Members States bear specific obligations for granting protection, stemming from their international and regional legal commitments. Drawing from the UNHCR estimations that the exodus is evolving rapidly and in light of Article 80 TFEU and the objectives by the European Council, the EU needs to adopt policies which emphasize the full and inclusive application of the ...


Catholic Social Teaching, The Right To Immigrate And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad G. Marzen, William Woodyard 2016 Florida State University

Catholic Social Teaching, The Right To Immigrate And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad G. Marzen, William Woodyard

Chad G. Marzen

In the past decade, policymakers from various perspectives have discussed and debated proposals to reform America’s immigration system. This article discusses not only the history of the Catholic legal and intellectual tradition’s contribution to social teaching on the issue of immigration, but emphasizes the development of two strands of Catholic thought: the right to immigrate, and the right to regulate borders. Applying the Catholic legal and intellectual tradition, this article provides a proposal for immigration reform that incorporates key tenets of Catholic social thought.


"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless 2016 University of Miami School of Law

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

Rebecca Sharpless

Scholars and law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework that relies on a contrast with people—citizens and noncitizens—who have been convicted of a criminal offense and proposes an alternate approach that better aligns with the racial critique of our criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided in the United States for much ...


The Grapes Of Wrath: On The Health Of Immigration Detainees, Stacey A. Tovino 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Grapes Of Wrath: On The Health Of Immigration Detainees, Stacey A. Tovino

Scholarly Works

This Article challenges the lack of health care provided to individuals in U.S. Immigration and Customs Enforcement (“ICE”) custody. As background, many immigration detainees are physically and emotionally vulnerable at the time of initial confinement due to a history of torture and trauma, which may include human trafficking, sexual violence, political oppression, psychosocial trauma, and acculturative stress. Detention can exacerbate preexisting vulnerabilities and contribute to severe physical and mental illness as well as death. Between October 2003 and October 2015, 153 individuals died while in ICE custody. Although most proposals for detainee health reform borrow heavily from constitutional law ...


Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan

Scholarly Works

President Obama’s ambitious use of executive discretion in immigration – especially the DACA and DAPA programs – should be understood in context of a struggle within the executive branch between the President and frontline enforcement officers in the Department of Homeland Security who have actively resisted his policy agenda. The so far successful litigation by 26 states to partially halt these programs has focused on this struggle within the executive branch, rather than on the stalemate between the President and Congress over legislative immigration reform. In preliminary rulings, the federal district court and the Court of Appeals have interpreted ambiguous provisions ...


Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes 2016 University of Baltimore School of Law

Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes

All Faculty Scholarship

In a unique corner of immigration law, a significant reallocation of power over immigration has been occurring with little fanfare. States play a dramatic immigration gatekeeping role in the process for providing protection to immigrant youth, like many of the Central American children who sought entry to the United States in the 2014 border “surge.” This article closely examines the history of this Special Immigrant Juvenile Status provision, enacted in 1990, which authorized a vital state role in providing access to an immigration benefit. The article traces the series of shifts in allocation of power between the federal government and ...


Can Family Law Protect Children In Immigration Proceedings?, Kari E Hong 2015

Can Family Law Protect Children In Immigration Proceedings?, Kari E Hong

Kari E. Hong

Presented the paper "Can Family Law Protect Children In Immigration Proceedings?" at James E. Rogers College of Law.


The Executive Power Of Process In Immigration Law, Jill E. Family 2015

The Executive Power Of Process In Immigration Law, Jill E. Family

Jill E. Family

The role of the executive branch in enforcing immigration law is the subject of renewed focus. In the academic realm, the spotlight rests on the executive branch itself, as opposed to lumping together both Congress and the executive as the political branches. This new focus on the executive branch alone creates space for scholars to approach thorny separation of powers and federalism questions surround the president's exercise of discretion in enforcing immigration law. In the political realm, the contours of the executive's discretionary authority in immigration law have become a point of contention between the president and Congress ...


Detained: A Study Of Immigration Bond Hearings, Emily Ryo, Emily Ryo 2015 University of Southern California

Detained: A Study Of Immigration Bond Hearings, Emily Ryo, Emily Ryo

Emily Ryo

Immigration judges make consequential decisions that fundamentally affect the basic life chances of thousands of noncitizens and their family members every year. Yet, we know very little about how immigration judges make their decisions, including decisions about whether to release or detain noncitizens pending the completion of their immigration cases. Using original data on long-term immigrant detainees, I examine for the first time judicial decision-making in immigration bond hearings. I find that there are extremely wide variations in the average bond grant rates and bond amount decisions among judges in the study sample. What are the determinants of these bond ...


Moral Judgments, Expressive Functions, And Bias In Immigration Law, Emily Ryo, Emily Ryo 2015 University of Southern California

Moral Judgments, Expressive Functions, And Bias In Immigration Law, Emily Ryo, Emily Ryo

Emily Ryo

In a lucid and trenchant style characteristic of Professor Hiroshi Motomura’s writing, Immigration Outside the Law offers rich descriptive and prescriptive analyses of three major themes underlying debates about unauthorized migration: the meaning of unlawful presence, state and local involvement in the regulation of unauthorized migration, and the integration of unauthorized migrants into American society. This review advances several ideas that I argue are important to understanding these key themes. In brief, I suggest that a more comprehensive understanding of public debates about unauthorized migration requires examining lay moral judgments about unlawful presence, the expressive functions of immigration law ...


Quoted In "California Dems Get Flak For Votes On Refugees", Kari E Hong 2015

Quoted In "California Dems Get Flak For Votes On Refugees", Kari E Hong

Kari E. Hong

Quoted in article discussing heightened background investigations for Syrian refugees.


Constitutional Law-Aliens-Equal Protection Clause Does Not Require Extension Of Special Immigrant Status To Aliens From Non-Contiguous Countries, Laurie C. Gregory 2015 University of Georgia School of Law

Constitutional Law-Aliens-Equal Protection Clause Does Not Require Extension Of Special Immigrant Status To Aliens From Non-Contiguous Countries, Laurie C. Gregory

Georgia Journal of International & Comparative Law

No abstract provided.


Legitimacy And Cooperation: Will Immigrants Cooperate With Local Police Who Enforce Federal Immigration Law?, Adam B. Cox, Thomas J. Miles 2015 NYU School of Law

Legitimacy And Cooperation: Will Immigrants Cooperate With Local Police Who Enforce Federal Immigration Law?, Adam B. Cox, Thomas J. Miles

New York University Law and Economics Working Papers

Solving crimes often requires community cooperation. Cooperation is thought by many scholars to depend critically on whether community members believe that law enforcement institutions are legitimate and trustworthy. Yet establishing an empirical link between legitimacy and cooperation has proven elusive, with most studies relying on surveys or lab experiments of people’s beliefs and attitudes, rather than on their behavior in the real world. This Article aims to overcome these shortcomings, capitalizing on a unique natural policy experiment to directly address a fundamental question about legitimacy, cooperation, and law enforcement success: do de-legitimating policy interventions actually undermine community cooperation with ...


An Administrative Stopgap For Migrants From The Northern Triangle, Collin Schueler 2015 University of Kentucky College of Law

An Administrative Stopgap For Migrants From The Northern Triangle, Collin Schueler

University of Michigan Journal of Law Reform

From 2011–2014, the United States Department of Homeland Security recorded an extraordinary increase in the number of unaccompanied children arriving at the southern border from Central America’s “Northern Triangle”—the area made up of El Salvador, Guatemala, and Honduras. In fact, in fiscal year 2014, United States Customs and Border Protection apprehended over 50,000 unaccompanied children from the Northern Triangle. That is thirteen times more than just three years earlier. This Article examines the intersecting humanitarian and legal crises facing these children and offers an administrative solution to the problem. The children are fleeing a genuine humanitarian ...


Criminal Records And Immigration: Comparing The United States And The European Union, Dimitra Blitsa, Lauryn Gouldin, James B. Jacobs, Elena Larrauri 2015 Syracuse University College of Law

Criminal Records And Immigration: Comparing The United States And The European Union, Dimitra Blitsa, Lauryn Gouldin, James B. Jacobs, Elena Larrauri

New York University Public Law and Legal Theory Working Papers

As the revolution in information technology has made individual criminal history records more comprehensive, efficient and retrievable, an individual’s criminal history has become increasingly significant, triggering a broad and severe range of collateral consequences. There is no better example of this phenomenon than immigration law and policy, where developments in data storage and retrieval converge with opposition to immigration, especially to immigrants who bear a criminal stigma.

In debates in the United States over immigration reforms, even those politicians and legislators who advocate more liberal immigration policies generally concede the desirability of excluding those with serious criminal records from ...


Tortured Language: Lawful Permanent Residents And The 212(H) Waiver, Julianne Lee 2015 Fordham University School of Law

Tortured Language: Lawful Permanent Residents And The 212(H) Waiver, Julianne Lee

Fordham Law Review

Recent amendments to the Immigration and Nationality Act have greatly expanded the grounds for removal of lawful permanent residents (LPRs) and, at the same time, constricted judicial review of agency decisions to deport immigrants. Language added to the 212(h) waiver of inadmissibility has increased the number of LPRs that are now ineligible for relief from removal by barring certain LPRs from applying for a waiver if, since the date of their admission, they have committed an aggravated felony or have failed to accrue seven years of continuous presence. The controversy discussed in this Note stems from differing interpretations of ...


Legitimacy And Cooperation: Will Immigrants Cooperate With Local Police Who Enforce Federal Immigration Law?, Adam B. Cox, Thomas J. Miles 2015 NYU School of Law

Legitimacy And Cooperation: Will Immigrants Cooperate With Local Police Who Enforce Federal Immigration Law?, Adam B. Cox, Thomas J. Miles

New York University Public Law and Legal Theory Working Papers

Solving crimes often requires community cooperation. Cooperation is thought by many scholars to depend critically on whether community members believe that law enforcement institutions are legitimate and trustworthy. Yet establishing an empirical link between legitimacy and cooperation has proven elusive, with most studies relying on surveys or lab experiments of people’s beliefs and attitudes, rather than on their behavior in the real world. This Article aims to overcome these shortcomings, capitalizing on a unique natural policy experiment to directly address a fundamental question about legitimacy, cooperation, and law enforcement success: do de-legitimating policy interventions actually undermine community cooperation with ...


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