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In Defense Of Birthright Citizenship, Shannon Auvil 2017 The University of Alabama School of Law

In Defense Of Birthright Citizenship, Shannon Auvil

DePaul Journal for Social Justice

No abstract provided.


Refugee Law And Policy: A Comparative And International Approach, Jennifer Moore, Karen Musalo, Richard A. Boswell 2017 Selected Works

Refugee Law And Policy: A Comparative And International Approach, Jennifer Moore, Karen Musalo, Richard A. Boswell

Jennifer Moore

The fourth edition of Refugee Law and Policy, which includes all legal developments through mid-2010, provides a thoughtful scholarly analysis of refugee law, and related protections such as those available under the Convention against Torture. The book is rooted in an international law perspective, enhanced by a comparative approach. Starting with ancient precursors to asylum, the casebook portrays refugee law as dynamic across time and cultural contexts. This edition of the casebook has incorporated substantial new materials on the cutting edge area of social group claims, and their relevance to claims for protection based on gender-persecution and LGBT status. It ...


The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith 2017 Cornell University

The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith

Kati Griffith

In recent years, California has served as the primary laboratory for policy experimentation related to unauthorized immigrant workers’ rights. No other state, to date, has advanced comparable policy initiatives that preserve state-provided workers’ rights regardless of immigration status. Through close examination of two open Supremacy Clause questions under California’s Agricultural Labor Relations Act, the article illustrates that states can, as a constitutional matter, and should, as a policy matter, serve as laboratories for unauthorized immigrant worker rights. Exploring the outer boundaries of state action in this area is particularly compelling given the significant labor force participation of unauthorized immigrants ...


Note To Trump: Know What You Call Muslims Who Reject Radical Islam? Refugees, Angela M. Banks, Nathan B. Oman 2017 William & Mary Law School

Note To Trump: Know What You Call Muslims Who Reject Radical Islam? Refugees, Angela M. Banks, Nathan B. Oman

Popular Media

No abstract provided.


The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith 2017 Cornell University

The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith

Articles and Chapters

In recent years, California has served as the primary laboratory for policy experimentation related to unauthorized immigrant workers’ rights. No other state, to date, has advanced comparable policy initiatives that preserve state-provided workers’ rights regardless of immigration status. Through close examination of two open Supremacy Clause questions under California’s Agricultural Labor Relations Act, the article illustrates that states can, as a constitutional matter, and should, as a policy matter, serve as laboratories for unauthorized immigrant worker rights. Exploring the outer boundaries of state action in this area is particularly compelling given the significant labor force participation of unauthorized immigrants ...


Local Immigration Enforcement Entrepreneurship In The Punishment Marketplace, Daniel L. Stageman 2017 The Graduate Center, City University of New York

Local Immigration Enforcement Entrepreneurship In The Punishment Marketplace, Daniel L. Stageman

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The contemporary neoliberal economic order plays a significant role in American social organization and policy-making. Most importantly, neoliberal ideology drives the creation and imposition of markets in public goods and services and the valorization of free market ideology in cultural life. The neoliberal ‘project of inequality’ is in turn delimited and upheld by an authoritarian system of punishment built around mass incarceration, surveillance, and an unprecedented level of social control directed at the lowest strata of American society – a group that includes both the urban underclass, and unauthorized immigrants.

This study lays out the theory of the punishment marketplace: a ...


Liberty At The Cost Of Constitutional Protections: Undocumented Immigrants And Fourth Amendment Rights, Linet Suárez 2017 University of Miami Law School

Liberty At The Cost Of Constitutional Protections: Undocumented Immigrants And Fourth Amendment Rights, Linet Suárez

University of Miami Inter-American Law Review

The Supreme Court has issued many opinions indirectly addressing the Fourth amendment rights of undocumented immigrants. However, none of these opinions answer the questions that matter most: do undocumented immigrants have Fourth Amendment protections and if so, what are they. These questions have increasingly become more important because advances in technology facilitate intrusive searches and seizures by law enforcement officers. This article will specifically focus on the Department of Homeland Security and its use of GPS ankle bracelets to monitor undocumented immigrants. This article compares existing Supreme Court opinions concerning undocumented immigrants and Fourth Amendment rights in the technological age ...


Disrupting Immigration: How Administrative Rulemaking Could Transform The Landscape For Immigrant Entrepreneurs, Tess Douglas 2017 Pepperdine University

Disrupting Immigration: How Administrative Rulemaking Could Transform The Landscape For Immigrant Entrepreneurs, Tess Douglas

Pepperdine Law Review

Immigrant entrepreneurs come to the United States and start thriving companies that create jobs, drive the economy, and facilitate innovation. However, U.S. laws do not provide a clear path for immigrant entrepreneurs to lawfully enter and work in America. Therefore, immigrant entrepreneurs must seek lawful status in the United States through unusual routes. While Congress, the President, and the United States Citizenship and Immigration Services (USCIS) recognize the need for clear and accessible immigration standards for immigrant entrepreneurs, the politicized nature of immigration law has impeded significant change. This Comment details how administrative rules could offer a less politicized ...


The Puerto Rico-Chicago Connection: Cross-Boundary Drug-Treatment In The United States (2016), Sarah Dávila-Ruhaak, Steven D. Schwinn 2017 John Marshall Law School

The Puerto Rico-Chicago Connection: Cross-Boundary Drug-Treatment In The United States (2016), Sarah Dávila-Ruhaak, Steven D. Schwinn

Sarah Dávila-Ruhaak

1. The John Marshall Law School International Human Rights Clinic is a law school student-practice clinic that is committed to the investigation of human rights abuses, the publication of abuses, and the protection against abuses within the United States and around the world.

2. The International Human Rights Clinic has been investigating human rights abuses arising out of a systematic practice of government officials and cooperating private individuals to relocate homeless, drug-addicted persons to putative drug-treatment centers in Chicago, Illinois. In fact, these so-called drug-treatment centers deprive individuals of their physical liberty; fail to provide adequate food, shelter, and other ...


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 2017 John Marshall Law School

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

Sarah Dávila-Ruhaak

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 ...


Trending @ Rwu Law: Deborah Gonzalez's Post: Why I Marched... 1-25-2017, Deborah Gonzalez 2017 Roger Williams University School of Law

Trending @ Rwu Law: Deborah Gonzalez's Post: Why I Marched... 1-25-2017, Deborah Gonzalez

Law School Blogs

No abstract provided.


Immigration And Naturalization-Petition For Naturalization-Alien, A Veteran Who Served Honorably In The United States Armed Forces, And Whose Requirements For Citizenship Are Otherwise Eased, Cannot Be Denied Citizenship For Lack Of "Good Moral Character" Solely On The Basis Of His Homosexuality, Walter E. Leggett Jr 2017 University of Georgia School of Law

Immigration And Naturalization-Petition For Naturalization-Alien, A Veteran Who Served Honorably In The United States Armed Forces, And Whose Requirements For Citizenship Are Otherwise Eased, Cannot Be Denied Citizenship For Lack Of "Good Moral Character" Solely On The Basis Of His Homosexuality, Walter E. Leggett Jr

Georgia Journal of International & Comparative Law

No abstract provided.


A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow 2017 The Catholic University of America, Columbus School of Law

A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow

Catholic University Law Review

For over fifteen years, U.S. immigration authorities and courts have grappled with the idea of domestic violence as a basis for asylum. But in 2014, the Board of Immigration Appeals (BIA) issued a decision indicating that victims of domestic violence may qualify for asylum. This Comment assesses the BIA’s decision and concludes that it is ultimately ineffective. This Comment further suggests that the only practical solution is for Congress to intervene. This Comment first provides a brief historical overview of asylum law to help elucidate the purpose of asylum law. It also provides an in-depth review of the ...


The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton PhD, Shannon L. Dick M.S. 2017 Kansas State University

The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton Phd, Shannon L. Dick M.S.

Dr. Debra Bolton

This multi-lingual/multi-cultural study was called, Community Assets Processt, by the groups that “commissioned” it: Finnup Foundation, Finney County K-State Research & Extension, Western Kansas Community Foundation, Finney County United Way, Finney County Health Department, United Methodist Community Health Center (UMMAM), Center for Children and Families, Garden City Recreation Commission, and the Garden City Cultural Relations Board, because we intend for this to be an ongoing discussion. An objective, for those promoting the study, was to connect foundation, state, and federal funding with activities or services that addressed the true needs of people living in Finney County. The group was looking for data that would offer insights on ways to address the needs of diverse audiences through human services agencies, County Extension, the schools, churches, and other entities working with community members of Finney County. Initially, an online survey was sent to directors of Finney County’s human service organization/agencies and schools. Directors were asked what sorts of data were required to help them quantify the needs of their client/customer bases. It was from those responses that the committee designed the survey instrument. The objective of the resulting survey instrument was to gather data that would: Identify resources available in Finney County (a Minority-majority county) Identify services needed in the community Capture information regarding well-being of people in Finney County Feature General Demographic (gender, age, race/ethnicity, education, household income) Length of years lived in Finney County Primary and secondary languages spoken at home (the survey was conducted in four (4) languages) Educational needs Health questions (insurance, health conditions, mental health, medical care, etc.) Social and health needs; and Questions to measure community engagement and social involvement Target individuals and groups of varying ages, socio-economic backgrounds, ethnic backgrounds, and religious affiliations. Target survey respondents 18 years or older Keep survey respondents’ identities confidential since the study was approved by Kansas State University’s Institutional Review Board for compliance in Research with Human Subjects. Data were gathered from about 1% of Finney County’s population through surveys and focus groups conducted in four languages better to understand the ...


Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina 2017 European Network of Migrant Women (ENoMW)

Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Comments: Immigration And Modern Slavery: How The Laws Of One Fail To Provide Justice To Victims Of The Other, Shannon E. Clancy 2017 University of Baltimore School of Law

Comments: Immigration And Modern Slavery: How The Laws Of One Fail To Provide Justice To Victims Of The Other, Shannon E. Clancy

University of Baltimore Law Review

On the first Sunday in February, Americans across the country look forward to the game of the year—the Super Bowl. Most sports fans would likely compare the anticipation and excitement of this game to that of a young child waking up on Christmas morning. This game brings in thousands of supporters to the host city each year and draws millions of television viewers. With the flashy lights, spirited fans, and debuting commercials, this game would appear to be the highlight of any person’s day. But looking behind the scenes, that is not always the case. This vast crowd ...


Legal Resources On The Trump Immigration Ban, Center for Constitutional Law 2017 The University of Akron

Legal Resources On The Trump Immigration Ban, Center For Constitutional Law

Con Law Center Articles and Publications

This resource bibliography provides legal resources related to the litigation over the presidential immigration ban issued on Jan. 27, 2017. These resources include the executive order, key court decisions, and explanatory commentary.


Reconciling Expectations With Reality: The Real Id Act's Corroboration Exception For Otherwise Credible Asylum Applicants, Alexandra Lane Reed 2017 University of Michigan Law School

Reconciling Expectations With Reality: The Real Id Act's Corroboration Exception For Otherwise Credible Asylum Applicants, Alexandra Lane Reed

Michigan Law Review

The international community finds itself today in the throes of the largest refugee crisis since World War II. As millions of refugees continue to flee violence and persecution at home, the immediate concern is humanitarian, but in the long-term, the important question becomes: What are our obligations to those who cannot return home? U.S. asylum law is designed not only to offer shelter to legitimate refugees, but also to protect the country from those who seek asylum under false pretenses. Lawmakers and policymakers have struggled to calibrate corroboration requirements for asylum claims with the reality that many legitimate asylum ...


Proposing A One-Year Time Bar For 8 U.S.C. § 1226(C), Jenna Neumann 2017 University of Michigan Law School

Proposing A One-Year Time Bar For 8 U.S.C. § 1226(C), Jenna Neumann

Michigan Law Review

Section 1226(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) requires federal detention of certain deportable noncitizens when those noncitizens leave criminal custody. This section applies only to noncitizens with a criminal record (“criminal noncitizens”). Under section 1226(c), the Attorney General must detain for the entire course of his or her removal proceedings any noncitizen who has committed a qualifying offense “when the alien is released” from criminal custody. Courts construe this phrase in vastly different ways when determining whether a criminal noncitizen will be detained. The Board of Immigration Appeals (BIA) and the Fourth Circuit ...


Judging Immigration Equity: Deportation And Proportionality In The Supreme Court, Jason A. Cade 2017 University of Georgia School of Law

Judging Immigration Equity: Deportation And Proportionality In The Supreme Court, Jason A. Cade

Scholarly Works

Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court’s jurisprudence across a range of substantive and procedural challenges over the last fifteen years increases or preserves structural opportunities for equitable balancing at multiple levels in the deportation process. Notably, the Court has endorsed decision makers’ consideration of the normative justifiability of deportation even where noncitizens have a criminal history or lack a formal path to lawful ...


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