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Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton 2020 Seattle University School of Law

Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.


Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje van der Woude 2020 Fordham University

Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje Van Der Woude

Law

As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants—particularly people of color—have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government sponsored degradation, misery, and death. Crimmigrant Nationsexamines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer ...


Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon 2020 University of Miami Law School

Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon

University of Miami Law Review

The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from the Indigenous inhabitants of Mexico and Central America to a reductio ad absurdum. This Note joins a body of scholarship that centers the history of genocide in the United States to examine what our settler colonial history means for today’s immigration law and policy. It concludes that the ...


Book A Stay And Win U.S. Citizenship: Examining Birth Tourism As A Business Subject To Federal Regulatory Controls, Nicole Marie Laudick 2020 University of Georgia School of Law

Book A Stay And Win U.S. Citizenship: Examining Birth Tourism As A Business Subject To Federal Regulatory Controls, Nicole Marie Laudick

Georgia Journal of International & Comparative Law

No abstract provided.


The Fourth Amendment Implications Of "U.S. Imitation Judges", Mary P. Holper 2020 Boston College Law School

The Fourth Amendment Implications Of "U.S. Imitation Judges", Mary P. Holper

Boston College Law School Faculty Papers

Scholars, immigration judges, attorneys, and congressional committees have been calling for a truly independent immigration adjudication system for decades, critiquing a system in which some judges describe themselves as “U.S. imitation judges.” This Article examines the lack of truly independent immigration judges (IJs) through the lens of the Fourth Amendment, which applies when a noncitizen is arrested for deportation. In 1975, the Supreme Court held in Gerstein v. Pugh that to continue detention after an initial arrest in the criminal context, the detached judgment of a neutral judge is necessary; a prosecutor’s finding of probable cause is insufficient ...


A Suspended Death Sentence: Habeas Review Of Expedited Removal Decisions, Lauren Schusterman 2020 University of Michigan Law School

A Suspended Death Sentence: Habeas Review Of Expedited Removal Decisions, Lauren Schusterman

Michigan Law Review

Expedited removal allows low-level immigration officers to summarily order the deportation of certain noncitizens, frequently with little to no judicial oversight. Noncitizens with legitimate asylum claims should not find themselves in expedited removal. When picked up by immigration authorities, they should be referred for a credible fear interview and then for more thorough proceedings.

Although there is clear congressional intent that asylum seekers not be subjected to expedited removal, mounting evidence suggests that expedited removal fails to identify bona fide asylum seekers. Consequently, many of them are sent back to persecution. Such decisions have weighty consequences, but they have remained ...


The Forgotten Relatives In The Fight Against Family Separation: A Constitutional Analysis Of The Statutory Definition Of Unaccompanied Minors In Immigration Detention, Alysa Williams 2020 William & Mary Law School

The Forgotten Relatives In The Fight Against Family Separation: A Constitutional Analysis Of The Statutory Definition Of Unaccompanied Minors In Immigration Detention, Alysa Williams

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

No abstract provided.


Recalibrating The Scales: Balancing The Persecutor Bar, David Romanow 2020 Boston College Law School

Recalibrating The Scales: Balancing The Persecutor Bar, David Romanow

Boston College Law Review

Just as U.S. asylum law accepts individuals fleeing persecution, it also excludes from eligibility those who have assisted or otherwise participated in the persecution of others under what is known as the “persecutor bar.” In applying the persecutor bar, courts look to whether the applicant’s conduct played any causal role in the persecution, whether the applicant knew that his conduct would have some causal effect on the persecution, and whether the conduct was voluntary. Because exclusionary provisions to asylum such as the persecutor bar are to be applied restrictively, U.S. jurisprudence wrongly ignores other key factors that ...


Is The "Hire American" Executive Order A Suspect Classification?, Michael H. LeRoy 2020 William & Mary Law School

Is The "Hire American" Executive Order A Suspect Classification?, Michael H. Leroy

William & Mary Bill of Rights Journal

President Trump’s Executive Order 13,788 declares a “Hire American” policy for H-1B visas. This action discriminates against Indians to benefit white American workers. The technology workforce in the United States has 4.6 million jobs. Most employees in this large workforce—about 76%—are U.S.-born. In this domestic segment, 85% of employees are white. Among foreign-born workers (11.6% of all workers), Asians make up 66%, with Indians predominating.

“Hire American” renews a mostly forgotten history of discrimination against Indian workers. The Immigration Act of 1917 enacted an “Asiatic Barred Zone.” Indian immigration was curtailed to ...


Recent Developments, Raelynn J. Hillhouse 2020 University of Michigan

Recent Developments, Raelynn J. Hillhouse

Arkansas Law Review

No abstract provided.


Servant Leadership And Presidential Immigration Politics: Inspiration From The Foot-Washing Ritual, Victor C. Romero 2020 Penn State Law

Servant Leadership And Presidential Immigration Politics: Inspiration From The Foot-Washing Ritual, Victor C. Romero

Washington and Lee Journal of Civil Rights and Social Justice

President Donald Trump’s immigration agenda has been criticized by pundits and scholars alike and has been thwarted by courts concerned about executive overreach. This Article contributes to this chorus of critics by viewing the current immigration regime from a Christian perspective on servant leadership, contrary to the stereotype that Christianity necessarily aligns with any one particular political brand. Jesus Christ’s entreaty that his disciples wash each other’s feet provides a useful lens through which to evaluate whether this Administration’s work effectively advances communitarianism, a value consistent with Christian immigration ethics. An examination of a range of ...


Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada JD, PhD 2020 New York University - Washington, D.C.

Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada Jd, Phd

Indiana Journal of Law and Social Equality

No abstract provided.


The Rise Of Zero Tolerance And The Demise Of Family, Mariela Olivares 2020 Howard University School of Law

The Rise Of Zero Tolerance And The Demise Of Family, Mariela Olivares

Georgia State University Law Review

This article explores the intersection of immigration law and family law and argues that the current regime dedicated to decimating immigrant families in the United States does not comport with the history and spirit of immigration law and policy. Policies shifting away from family unity and towards an inhumane treatment of immigrant families is anchored in the political rhetoric that normalizes the oppression of immigrants. By characterizing immigrants as nonhuman—even “animals,” as described by President Donald Trump—the current slate of anti-immigrant policies that specifically target families is normalized. Part I discusses contemporary immigration law that terrorizes the family ...


Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis 2020 University of Denver College of Law

Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis

Indiana Law Journal

For-profit, civil immigration detention is one of this nation’s fastest growing industries. About two-thirds of the more than 50,000 people in the civil custody of federal immigration authorities find themselves at one point or another in a private, corporate-run prison that contracts with the federal government. Conditions of confinement in many of these facilities are dismal. Detainees have suffered from untreated medical conditions and endured months, in some cases years, of detention in environments that are unsafe and, at times, violent. Some have died. Yet, the spaces are largely unregulated. This Article exposes and examines the absence of ...


From Cancellation To Removal: The Protection Of Migrants Of 'Bad Character' In Australia, Lillian Robb 2020 American University Washington College of Law

From Cancellation To Removal: The Protection Of Migrants Of 'Bad Character' In Australia, Lillian Robb

American University International Law Review

No abstract provided.


The Right Family, Noa Ben-Asher, Margot J. Pollans 2020 Elisabeth Haub School of Law at Pace University

The Right Family, Noa Ben-Asher, Margot J. Pollans

Pace Law Faculty Publications

The family plays a starring role in American law. Families, the law tells us, are special. They merit, among others, tax deductions, testimonial privileges, untaxed inheritance, parental presumptions, and, over the course of the twentieth century, the Supreme Court has expanded individual rights stemming from familial relationships. In this Article, we argue that family matters as much for when it is ignored as for when it is featured. We shed light on the use of the family in the law by contrasting policies in which the family is the key unit of analysis with others in which it is not ...


The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi 2019 Barry University School of Law

The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi

Child and Family Law Journal

No abstract provided.


The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan 2019 Barry University School of Law

The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan

Child and Family Law Journal

This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries ...


Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy 2019 Brooklyn Law School

Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy

Brooklyn Journal of International Law

The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war ...


Haiti – U.S. Migration Through A Labor Lens: The H-2 Visa Program, The Temporary Protected Status (Tps), And Its Policy Implications, Tatiana Devia 2019 University of Miami Law School

Haiti – U.S. Migration Through A Labor Lens: The H-2 Visa Program, The Temporary Protected Status (Tps), And Its Policy Implications, Tatiana Devia

University of Miami Inter-American Law Review

No abstract provided.


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