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Champions For Justice & Public Interest Auction 2019, Roger Williams University School of Law 2019 Roger Williams University

Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law

School of Law Public Interest Auction

No abstract provided.


“Heal Thyself.”—An Argument For Granting Asylum To Healthcare Workers Persecuted During The 2014 West African Ebola Crisis, Bethany Echols 2019 Southern Methodist University, Dedman School of Law

“Heal Thyself.”—An Argument For Granting Asylum To Healthcare Workers Persecuted During The 2014 West African Ebola Crisis, Bethany Echols

SMU Law Review

This article argues for a change in United States asylum policy at a time when change is needed most. Those seeking asylum must prove that they fear persecution in their home country based on one of five protected categories and that their government is the persecutor or is unable to control the actions of the persecutors. Multiple articles have recognized that the “particular social group” is the most difficult category of asylum seeker to analyze. Not only do the standards for particular social groups (PSGs) vary among circuit courts, but judicial consistency is lacking.

This article focuses on a particular ...


(Un)Civil Denaturalization, Cassandra Burke Robertson, Irina D. Manta 2019 Case Western University School of Law

(Un)Civil Denaturalization, Cassandra Burke Robertson, Irina D. Manta

Faculty Publications

Over the last fifty years, naturalized citizens in the United States were able to feel a sense of finality and security in their rights. Denaturalization, wielded frequently as a political tool in the McCarthy era, had become exceedingly rare. Indeed, denaturalization was best known as an adjunct to criminal proceedings brought against former Nazis and other war criminals who had entered the country under false pretenses.


Denaturalization is no longer so rare. Naturalized citizens’ sense of security has been fundamentally shaken by policy developments in the last five years. The number of denaturalization cases is growing, and if current trends ...


Health Justice For Immigrants, Medha D. Makhlouf 2019 Penn State Dickinson Law

Health Justice For Immigrants, Medha D. Makhlouf

Faculty Journal Articles

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 ...


Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School of Law 2019 Roger Williams University

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel 2019 University of Oklahoma College of Law

Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel

Oklahoma Law Review

No abstract provided.


Borders Rules, Beth A. Simmons 2019 University of Pennsylvania Law School

Borders Rules, Beth A. Simmons

Faculty Scholarship at Penn Law

International political borders have historically performed one overriding function: the delimitation of a state’s territorial jurisdiction, but today they are sites of intense security scrutiny and law enforcement. Traditionally they were created to secure peace through territorial independence of political units. Today borders face new pressures from heightened human mobility, economic interdependence (legal and illicit), and perceived challenges from a host of nonstate threats. Research has only begun to reveal what some of these changes mean for the governance of interstate borders. The problems surrounding international borders today go well-beyond traditional delineation and delimitation. These problems call for active ...


California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma 2018 SCU Law Class of 2019

California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma

Immigration Law & Policy Practicum Projects

United States Immigration and Customs Enforcement (“ICE”) significantly relies on state and local personnel and resources to carry out enforcement of immigration law. California Senate Bill 54 (“SB 54”), the “California Values Act,” is California’s attempt to disentangle local law enforcement from federal civil immigration enforcement.

This Article offers an in-depth evaluation of SB 54’s mechanics; identifies vulnerabilities that exist despite SB 54 and potential means for law enforcement agencies (“LEAs”) to combat these issues; and comments on how local individual LEAs and the California Department of Corrections and Rehabilitation have chosen to exercise the discretion to comply ...


Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig B. Mousin 2018 DePaul University

Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig B. Mousin

Craig B. Mousin

Although the United States provided significant guidance in drafting the Convention on the Rights of the Child (CRC) it has never ratified the convention. The failure to ratify has taken on critical significance in light of new federal policies that have detained over 15,000 children in 2018, separated families, accelerated removal of asylum seekers, and emphasized deterring families from seeking asylum.

This article raises ethical and health implications of these refugee policies in light of the United States’ failure to ratify the CRC. It first examines the development of the CRC and international refugee law. It next lists some ...


Employment Prospects Of International Students In The U.S. And Canada: Socio-Political Implications For Colleges And Universities, Taiwo O. Soetan, David Hoa K. Nguyen 2018 Red River College

Employment Prospects Of International Students In The U.S. And Canada: Socio-Political Implications For Colleges And Universities, Taiwo O. Soetan, David Hoa K. Nguyen

Journal of Curriculum, Teaching, Learning and Leadership in Education

While the increase of the international student population has been a significant issue on a global scale, it is rarely discussed in the context of two border countries in North America – the U.S. and Canada. In addition, attention to skilled migration as a policy preference has increased among governments in an effort to address labor market gaps arising from economic shifts and structural aging. Governments invent a list of desirable characteristics in international students, such as education, age, language, and work experience, that allows them to be able to apply for employment after graduation. Countries like Canada and Australia ...


Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies 2018 Roger Williams University School of Law

Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies 2018 Roger Williams University School of Law

Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Immigration Law Under The Mclachlin Court, Catherine Dauvergne 2018 Allard School of Law at the University of British Columbia

Immigration Law Under The Mclachlin Court, Catherine Dauvergne

Faculty Publications

No abstract provided.


The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump, Peter Margulies 2018 Roger Williams University School of Law

The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump, Peter Margulies

Law Faculty Scholarship

No abstract provided.


“They’Re Bringing Crime:” White Fear And Closing Borders, Hanna Rosenheimer 2018 Chapman University

“They’Re Bringing Crime:” White Fear And Closing Borders, Hanna Rosenheimer

Student Scholar Symposium Abstracts and Posters

Leading up to the 2016 election, popular rhetoric surrounding immigrants to the United States took a marked turn. This change can be partially explained using Piotr Cap’s proximization theory, a threat-based discursive model that relies on locating threatening events in proximity to the audience in order to justify preventative or protective measures. Quantitative public opinion data from the Chapman University Survey of American Fears suggests that a disbelief in immigrants’ ability to assimilate is strongly correlated with a fear of immigrants committing crimes. White Americans who hold these beliefs typically tend to favor or strongly favor preemptive punitive action ...


Nationalism And Border Violence: The Global Rise In Soft Fascism, Rachel Shimabukuro 2018 California State University, Monterey Bay

Nationalism And Border Violence: The Global Rise In Soft Fascism, Rachel Shimabukuro

Capstone Projects and Master's Theses

Since the election of Donald Trump in the United States in 2016, there has been a particularly nationalistic, illiberal shift in the way we interact with the rest of the world. As we have favored some while violently excluding others at our borders, the media and press which criticizes these policies is under attack. This shift is not exclusive to the United States and the following research will also focus on the illiberal democratic movements in Hungary, Brazil, the Philippines, and the unfolding right-wing politics of a post-Brexit state. In an explanatory style, this research will focus on Benedict Anderson ...


The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion, Peter Margulies 2018 Roger Williams University School of Law

The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Redefining “Particularly Serious Crimes” In Refugee Law, Mary Holper 2018 University of Florida Levin College of Law

Redefining “Particularly Serious Crimes” In Refugee Law, Mary Holper

Florida Law Review

Refugees are not protected from deportation if they have been convicted of a “particularly serious crime” (PSC) which renders them a danger to the community. This raises questions about the meaning of “particularly serious” and “danger to the community.” The Board of Immigration Appeals, Attorney General, and Congress have interpreted PSC quite broadly, leaving many refugees vulnerable to deportation without any consideration of the risk of persecution in their cases. This trend is disturbing as a matter of refugee law, but it is even more disturbing because it demonstrates how certain criminal law trends have played out in immigration law ...


Sanctuaries As Equitable Delegation In An Era Of Mass Immigration Enforcement, Jason A. Cade 2018 Northwestern Pritzker School of Law

Sanctuaries As Equitable Delegation In An Era Of Mass Immigration Enforcement, Jason A. Cade

Northwestern University Law Review

Opponents of—and sometimes advocates for—sanctuary policies describe them as obstructions to the operation of federal immigration law. This premise is flawed. On the better view, the sanctuary movement comports with, rather than fights against, dominant new themes in federal immigration law. A key theme—emerging both in judicial doctrine and on-the-ground practice—focuses on maintaining legitimacy by fostering adherence to equitable norms in enforcement decision-making processes. Against this backdrop, the sanctuary efforts of cities, churches, and campuses are best seen as measures necessary to inject normative (and sometimes legal) accuracy into real-world immigration enforcement decision-making. Sanctuaries can erect ...


Barring Asylum Claims: The President Versus The Statute, Peter Margulies 2018 Roger Williams University School of Law

Barring Asylum Claims: The President Versus The Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.


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