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All Articles in Immigration Law

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A New Player Has Entered The Game: Immigration Reform For Esports Players, Bridget A.J. Whan Tong 2017 Villanova University Charles Widger School of Law

A New Player Has Entered The Game: Immigration Reform For Esports Players, Bridget A.J. Whan Tong

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Don’T Ask Me About My Business: The Mafia’S Exploitation Of The European Migration Crisis, Natalie Cappellazzo 2017 Boston College Law School

Don’T Ask Me About My Business: The Mafia’S Exploitation Of The European Migration Crisis, Natalie Cappellazzo

Boston College International and Comparative Law Review

Old meets new as the Italian mafia capitalizes on the European migration crisis. Beginning with the coordination of Mediterranean voyages and ending with the indefinite exploitation of refugees at mafia-run migrant camps, the mafia has found an opportunity to profit from the crisis at every step of the way. With no end to the constant influx of refugees in sight, and verging on a humanitarian crisis within the camps’ walls, Italy faces a serious problem that requires a multifaceted solution. The Dublin regulations, which mandate registration and application for asylum in the first European Union country of entry, are in ...


Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst 2017 SIT Graduate Institute

Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst

Capstone Collection

International mobility efforts in the United States have garnered increased attention and funding in recent years, with such government-led initiatives as Generation Study Abroad and 100,000 Strong driving up inbound and outbound student numbers. Recent inbound mobility reports from the Institute of International Education show double-digit percentage increases in international student enrollment. Other countries also experiencing an influx of international students continue to research these trends to shape their own education strategies. Research conducted by the International Education Association of Australia points specifically to hands-on professional experience and enhanced employability as key factors important to Australia’s international student ...


Finding A Right To Remain: Immigration, Deportation, And Due Process, Simon Y. Svirnovskiy 2017 Northwestern University School of Law

Finding A Right To Remain: Immigration, Deportation, And Due Process, Simon Y. Svirnovskiy

Northwestern Journal of Law & Social Policy

No abstract provided.


Papers Please: Immigration, Enforcement, And Remittances, Jose A. Rojas-Fallas 2017 Portland State University

Papers Please: Immigration, Enforcement, And Remittances, Jose A. Rojas-Fallas

Student Research Symposium

Immigrants are an understated agent in local economies. Whilst legal immigrants may be accounted for in the macro realm, illegal immigrants are very much an externality. Immigrant agents participate heavily in local economies, almost exclusively, due to their status and the implicit risks associated with it. Immigrants’ decision to migrate towards better economies come with the goal of achieving prosperity that more than likely would not have been possible in their location of origin. A majority of immigrants are heads of households that migrate alone seeking greater wages to support their household. They do this through remittances. These are capital ...


Circumstances Requiring Safeguards: Limitations On The Application Of The Categorical Approach In Hernandez-Zavala V. Lynch, Kelly Morgan 2017 Boston College Law School

Circumstances Requiring Safeguards: Limitations On The Application Of The Categorical Approach In Hernandez-Zavala V. Lynch, Kelly Morgan

Boston College Law Review

On November 20, 2015, the U.S. Court of Appeals for the Fourth Circuit in Hernandez-Zavala v. Lynch held that adjudicators deciding whether a noncitizen has been convicted of a crime of domestic violence as defined in 8 U.S.C. § 1227(a)(2)(E)(i) must apply the circumstance-specific approach to the statute’s domestic relationship requirement. In so doing, the Fourth Circuit carved out an exception to the more protective categorical and modified categorical approaches, which limit the evidence that may be admitted to determine whether a conviction triggers immigration consequences. This Comment argues that the Fourth Circuit ...


Legal Critique Of President Carter's Proposals On Undocumented Aliens, Rev. Msgr. Anthony J. Bevilacqua 2017 St. John's University School of Law

Legal Critique Of President Carter's Proposals On Undocumented Aliens, Rev. Msgr. Anthony J. Bevilacqua

The Catholic Lawyer

No abstract provided.


The Normalization Of Immigration Law, Mac LeBuhn 2017 Northwestern University School of Law

The Normalization Of Immigration Law, Mac Lebuhn

Northwestern Journal of Human Rights

In “The Normalization of Foreign Relations Law,” Professors Ganesh Sitaraman and Ingrid Wuerth argue that the Supreme Court increasingly treats foreign relations law like other bodies of law—it has “normalized” this body of once-exceptional law. However, a subset of foreign relations law, immigration law, receives little attention in their account, which obscures the fact that immigration law, unlike the rest of foreign relations law, has not normalized in nearly the same fashion.

To understand the normalization of immigration law, this paper proposes a theory of rights normalization: the Court has been reluctant to normalize immigration law except where immigrants ...


Migration And Injustice In The Neoliberal Era: A Comparative Analysis Of Migratory Laws And Sweatshop Labor Conditions In Argentina And The United States, Kelly L. Johnson 2017 Ursinus College

Migration And Injustice In The Neoliberal Era: A Comparative Analysis Of Migratory Laws And Sweatshop Labor Conditions In Argentina And The United States, Kelly L. Johnson

Spanish Honors Papers

In the contemporary neoliberal era, the global phenomenon of migration dominates the international political discourse and generates empirical and normative questions regarding the admission, rights, and realities of migrants who leave their home countries to live elsewhere. Argentina and the United States are countries in which migration was, and continues to be, a main factor in shaping the nation’s identity. Despite the similar migratory phenomenon in both of these countries, their migratory policies vastly differ—Argentina considers migration to be a right, but the United States constantly strengthens its efforts to deter migrants from entering the country. Even though ...


Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe 2017 University of New Hampshire School of Law

Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe

Legal Scholarship

[Excerpt] “Historically, liberals have tended to hold more expansive under­standings of the scope of federal power. Conservatives, on the other hand, have tended to embrace stronger theories of federalism -- the term we use to describe the reservation of government power to state and local governments under the Constitution.”


Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert 2017 Boston College Law School

Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert

Boston College International and Comparative Law Review

Tensions are high in member states of the European Union as they struggle to accommodate a record number of refugees while simultaneously confronting seemingly regular terrorist attacks. In response to this crisis, the European Court of Justice’s decision in H.T. v. Land Baden-Württenberg continued a trend that began after September 11, 2001, in which countries implement policies that diminish and threaten the rights of refugees. Specifically, the European Court of Justice ruled that legislation governing the distribution of residence permits to refugees impliedly allowed for the revocation of a residence permit from a refugee accused of terrorist activities ...


Estoppel And Immigration, Geraldine O'Donnell 2017 St. John's University School of Law

Estoppel And Immigration, Geraldine O'Donnell

The Catholic Lawyer

No abstract provided.


Due Process And The Deportable Alien: Limitation On State Department Participation In Withholding Of Deportation Inquiry, James Quinlan 2017 St. John's University School of Law

Due Process And The Deportable Alien: Limitation On State Department Participation In Withholding Of Deportation Inquiry, James Quinlan

The Catholic Lawyer

No abstract provided.


The Law Court's Unfinished Analysis In State V. Ali: Applying Padilla In Maine To Remove Procedural Barriers To Non-Citizens' Ineffective Assistance Of Counsel Claims, Hannah M. McMullen 2017 University of Maine School of Law

The Law Court's Unfinished Analysis In State V. Ali: Applying Padilla In Maine To Remove Procedural Barriers To Non-Citizens' Ineffective Assistance Of Counsel Claims, Hannah M. Mcmullen

Maine Law Review

The outcome in State v. Ali exemplifies the procedural barriers that prevent a non-citizen of the United States from raising an ineffective assistance of counsel claim while subject to deportation as a result of a criminal conviction pursuant to the Immigration and Nationality Act. Fahad Ali, a non-citizen of the United States residing in Maine, pleaded guilty to and was convicted of aggravated trafficking of marijuana and was subsequently subject to deportation as a result of that conviction. Ali filed a motion for a new trial claiming that he did not receive effective assistance of counsel under the Sixth Amendment ...


Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon 2017 Barry University School of Law

Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon

Barry Law Review

No abstract provided.


The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis 2017 Seton Hall University

The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis

Seton Hall Circuit Review

No abstract provided.


Newsroom: Nyt's Kristof To Address Rwu On Refugees 04-04-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Nyt's Kristof To Address Rwu On Refugees 04-04-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Trump: Full Employment For Lawyers 04-04-2017, David Logan 2017 Roger Williams University School of Law

Newsroom: Trump: Full Employment For Lawyers 04-04-2017, David Logan

Life of the Law School (1993- )

No abstract provided.


Is The Chinese Exclusion Case Still Good Law? (The President Is Trying To Find Out), Michael Kagan 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Is The Chinese Exclusion Case Still Good Law? (The President Is Trying To Find Out), Michael Kagan

Nevada Law Journal Forum

In this Essay, I want to make the argument that the validity of the Chinese Exclusion Case is the central question in the challenges to President Trump’s travel bans. The facts are closely analogous. Moreover, the Chinese Exclusion Case is the seminal, canonical decision establishing vast federal power over immigration control. Resolving the present challenges to the Trump Executive Orders requires us to determine, once and for all, if that 1889 decision was rightly decided. But if that case cannot survive given what we know of constitutional law in the twenty first century, we must be precise about what ...


Immigration Exceptionalism, David S. Rubenstein, Pratheepan Gulasekaram 2017 Washburn University School of Law

Immigration Exceptionalism, David S. Rubenstein, Pratheepan Gulasekaram

Northwestern University Law Review

The Supreme Court’s jurisprudence is littered with special immigration doctrines that depart from mainstream constitutional norms. This Article reconciles these doctrines of “immigration exceptionalism” across constitutional dimensions. Historically, courts and commentators have considered whether immigration warrants exceptional treatment as pertains to rights, federalism, or separation of powers—as if developments in each doctrinal setting can be siloed. This Article rejects that approach, beginning with its underlying premise. Using contemporary examples, we demonstrate how the Court’s immigration doctrines dynamically interact with each other, and with politics, in ways that affect the whole system. This intervention provides a far more ...


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