Immigration Law Commons^™

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...

Excluding Non-Citizens From The Social Safety Net, Wendy E. Parmet

Georgia Journal of International & Comparative Law

No abstract provided.

Yosuf, Yosuf, Tsos

TSOS Interview Gallery

Yosef and his family of four are from the Herat Province in Afghanistan. The eldest child used to sell potatoes with Ibrahim, the middle child, who was killed by a landmine planted by counter-revolutionaries. As a result, the eldest child, Ismail, developed severe nerve and mental issues, and the wife, who is now pregnant, frequently has seizures. They sold their home to treat Ismail, but doctors say nothing can be done. Ismail’s condition continues to worsen, but he refuses to leave to see a doctor because he is afraid of the police for an unknown reason. Yosef says he ...

Beyond Borders: How Principles Of Prison Abolition Can Shape The Future Of Immigration Reform, Anna Hales

UC Irvine Law Review

This Note presents prison abolition theory and discusses how principles of abolition can be applied in the context of immigration enforcement and reform. In doing so, this Note argues for an “open borders” approach to immigration, presents several viewpoints on what such a regime may look like, and discusses how this vision can shape immigration reform efforts. In applying abolition theory to the immigration legal system, this Note uses a framework of three tenets of prison abolition. First, the assumptions upon which our current system of immigration enforcement is based, such as public safety and economic justifications, are open to ...

The Nebraska Criminal Law Practitioner's Guide To Representing Non-Citizens In State Court Proceedings: July 2021, Kevin Ruser

The Nebraska Criminal Law Practitioner's Guide to Representing Non-Citizens in State Court Proceedings

The goals of this Guide are to give Nebraska criminal law practitioners and judges an overview of the federal immigration system, acquaint them with immigration issues that may arise as the result of state criminal proceedings, and analyze various Nebraska criminal statutes in terms of their potential immigration consequences.

This Guide was last significantly updated in 2012 – nine years ago. In 2012, I wrote about how many developments there had been in the “crimmigration” field since the 2010 update to this Guide. Those developments pale in comparison to the developments that have occurred since 2012, however, both in terms of ...

Immigration Cyber Prisons: Ending The Use Of Electronic Ankle Shackles, Tosca Giustini, Sarah Greisman, Peter L. Markowitz, Ariel Rosen, Zachary Ross, Alisa Whitfield, Christina Fialho, Brittany Castle, Leila Kang

Online Publications

The call to end immigration detention has garnered strong support in recent years due to a growing public awareness of its devastating impact on the individuals locked away, their families, and entire communities. Throughout the nation, communities, organizers, advocates, and public officials have demanded the shutdown of Immigration and Customs Enforcement (ICE) detention centers, particularly those operated by private prison companies.

However, less attention has been paid to another form of detention that has been insidiously expanding alongside ICE’s brick-and-mortar jails: the Intensive Supervision Assistance Program (ISAP), the primary component of ICE’s so-called “Alternatives to Detention” program. ISAP ...

The Impact Of Marijuana Decriminalization On Legal Permanent Residents: Why Descheduling Marijuana At The Federal Level Should Be A High Priority, Michelle A. Kain

Boston College Law Review

Although the federal government has remained firmly committed to prohibiting marijuana, many states have legalized the drug for either medical or recreational use. Others have merely decriminalized it, lowering the penalties associated with its use such that defendants charged with marijuana-related offenses are less likely to face incarceration. Most Americans stand to benefit from this change, as it means they face fewer meaningful consequences within the criminal justice system. By contrast, noncitizen offenders, including legal permanent residents (LPRs), may actually be disadvantaged by it. For example, LPRs living in jurisdictions that have decriminalized marijuana may mistakenly believe that it is ...

Weighing Pain: How The Harm Of Immigration Detention Must Be Factored In Custody Decisions, Linus Chan

William & Mary Journal of Race, Gender, and Social Justice

The United States is currently in the midst of a “third wave of potential pretrial detention reform.” And while certain reforms are gaining traction in an effort to reduce pretrial criminal detention, efforts to do the same for immigration detention have lagged. Reformers and abolitionists make the case that immigration detention needs to be either restricted or eliminated entirely. Nonetheless, the number of people held in detention for immigration purposes rises year after year. Not only do the numbers of people in immigration detention grow, but the systems in place have grown less concerned with the harsh consequences of detention ...

Lisa Campbell, Lisa Campbell, Tsos

TSOS Interview Gallery

Lisa Campbell, project manager for the non-profit Do Your Part Refugee Community Center in Greece. Lisa combined efforts with multiple organizations to better the lives of refugees in the Delisi, Greece area. Lisa discusses the evolution of the growing refugee crisis and the millions who flee to Greece and Turkey.

The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray

William & Mary Bill of Rights Journal

In the years since the Supreme Court decided Trump v. Hawaii, federal district courts have adjudicated dozens of rights-based challenges to executive action in immigration law. Plaintiffs, including U.S. citizens, civil rights organizations, and immigrants themselves, have alleged violations of the First Amendment and the equal protection component of the Due Process Clause with some regularity based on President Trump’s animus toward immigrants. This Article assesses Hawaii’s impact on these challenges to immigration policy, and it offers two observations. First, Hawaii has amplified federal courts’ practice of privileging administrative law claims over constitutional ones. For example, courts ...

Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter

BYU Law Review

No abstract provided.

Legal Construction Of Nationalism And National Identity In The Hashemite Kingdom Of Jordan, Zaina Siyam

Theses and Dissertations

Nationalism is an ideology that is not unique to one nation or one area, but it is a concept unique in the way it is defined. How it is defined and what it really is depends on where the definition is coming from. It is most important to post-colonial nations that relied and still rely on the creation of national identity and construction of an imagined community, in order to reach their liberation. Nations are imagined communities constructed through shared history, beliefs, traditions, and experiences that happen over different periods in time, between individuals that do not necessarily know each ...

Trump Expelled Refugees Against Cdc Advice. As Covid Subsides, Why Won't Biden Admit Them?, Lindsay M. Harris, Sarah Sherman-Stokes

UDC Law Faculty in the News

No abstract provided.

"Prevention Through Deterrence" Against Citizens: The Venezuela-Colombia Border During The Covid-19 Pandemic And Human Rights Implications, Andreina Negretti Benito

Honors Theses

This thesis analyses the human rights implications of the measures taken by the Venezuelan government at the Venezuelan-Colombian border during the COVID-19 pandemic. I will argue that the goal of these measures is preventing or impeding the return of citizens through "deterrence techniques" that have been historically used by other countries. This case's importance relies on the fact that, unlike other cases, the Venezuelan government uses these "techniques" against its own nationals, rather than against unwanted immigrants. The first chapter will provide an overview of the theoretical framework concerning migration, arguments regarding open borders, and human rights protections. This ...

Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos

Doctoral Dissertations

Having an undocumented legal status is a risk factor for mental health conditions such as depression and anxiety among university students. Much of the literature on the experiences of university students who hold an undocumented legal status has primarily focused on better understanding the educational, social, financial, and legal challenges among undergraduate students. The literature has addressed how some of these difficulties impact components of their social and mental health wellness. Yet, there is still a dearth of research focused on further understanding the experiences of students who hold an undocumented legal status from a psychological perspective, and specifically, with ...

Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman

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

Abstract forthcoming.

Tainted From Their Roots: The Fundamental Unfairness Of Depriving Foreign Nationals Of Counsel In Immigration Court, Jehanzeb Khan

University of Cincinnati Law Review

No abstract provided.

Delegating Immigration Admission Powers To The States, Christian Vanderhooft

University of Cincinnati Law Review

Control over immigration is generally seen as a purely federal power that cannot or should not be exercised by the states. Although some scholars have challenged this assumption, their focus is almost always on the ability of states to regulate (or remove) immigrants who are already within their borders. This Article calls for states to intervene in the immigration process at a much earlier stage. It proposes delegating to the states the power to admit new immigrants into the country by giving states control over the issuance of temporary and permanent visas. States would also be able to buy excess ...

Politicizing International Human Rights: The United States’ Border Apartheid Policies And The Universality Of Human Rights, Ally Myers

UC Irvine Journal of International, Transnational, and Comparative Law

This Note uses the example of the United States’ immigration policies to analyze the following questions: (1) what type of rights international human rights are; (2) where these rights come from; (3) how their content should be determined; and (4) what conditions need to exist in order for them to be enforced. The Note argues that answering these questions is an essential prerequisite to enforcing human rights in a way that is truly universal. Part I of the Note grounds these questions in human experience through the case of a refugee seeking asylum at the U.S. border in San ...

Racially Biased Policing Practices In The United States Creates A High Risk Of Deportation For Immigrants, Kiley Barnard

Immigration and Human Rights Law Review

No abstract provided.