Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, 2015 American Immigration Council (formerly)
Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi
Mark L Noferi
Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, 2015 Faculty of Law, Universitas Indonesia, Indonesia
Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi
Indonesia Law Review
Being a non-party to the 1951 Convention relating to the Status of Refugees (“1951 Refugee Convention”) and 1967 Protocol relating to the Status of Refugees (“1967 Protocol”), Indonesia does not have legal obligations to provide permanent resettlement for asylum seeker and/or refugee. However, as a transit country for those seeking shelter in Australia, Indonesia undergoes a myriad of issues resulting from illegal entrance by asylum seeker and/or refugee. Besides having neither legal framework nor domestic mechanism to handle asylum seekers and/or refugee, Indonesia’s immigration law identifies every foreigner including asylum seeker and refugee who unlawfully enter Indonesia’s territory into the …
Laguna Beach Pd Policy Manual, 2015 University of California, Irvine School of Law
The New Deportations Delirium (Editor), 2015 Boston College
The New Deportations Delirium (Editor), Daniel Kanstroom, M. Lykes
Daniel Kanstroom
Constitutional Law-Aliens-Equal Protection Clause Does Not Require Extension Of Special Immigrant Status To Aliens From Non-Contiguous Countries, 2015 University of Georgia School of Law
Constitutional Law-Aliens-Equal Protection Clause Does Not Require Extension Of Special Immigrant Status To Aliens From Non-Contiguous Countries, Laurie C. Gregory
Georgia Journal of International & Comparative Law
No abstract provided.
State-Created Immigration Climates And Domestic Migration, 2015 Texas A&M University School of Law
State-Created Immigration Climates And Domestic Migration, Huyen Pham, Pham Hoang Van
Faculty Scholarship
With comprehensive immigration reform dead for the foreseeable future, immigration laws enacted at the subfederal level -- cities, counties, and states -- have become even more important. Arizona has dominated media coverage and become the popular representation of the states' response to immigration by enacting SB 1070 and other notoriously anti-immigrant laws. Illinois, by contrast, has received relatively little media coverage for enacting laws that benefit the immigrants within its jurisdiction. The reality on the ground is that subfederal jurisdictions in the United States have taken very divergent paths on the issue of immigration regulation.
Compiling city, county, and state …
Tortured Language: Lawful Permanent Residents And The 212(H) Waiver, 2015 Fordham University School of Law
Tortured Language: Lawful Permanent Residents And The 212(H) Waiver, Julianne Lee
Fordham Law Review
Recent amendments to the Immigration and Nationality Act have greatly expanded the grounds for removal of lawful permanent residents (LPRs) and, at the same time, constricted judicial review of agency decisions to deport immigrants. Language added to the 212(h) waiver of inadmissibility has increased the number of LPRs that are now ineligible for relief from removal by barring certain LPRs from applying for a waiver if, since the date of their admission, they have committed an aggravated felony or have failed to accrue seven years of continuous presence. The controversy discussed in this Note stems from differing interpretations of this …
An Administrative Stopgap For Migrants From The Northern Triangle, 2015 University of Kentucky College of Law
An Administrative Stopgap For Migrants From The Northern Triangle, Collin Schueler
University of Michigan Journal of Law Reform
From 2011–2014, the United States Department of Homeland Security recorded an extraordinary increase in the number of unaccompanied children arriving at the southern border from Central America’s “Northern Triangle”—the area made up of El Salvador, Guatemala, and Honduras. In fact, in fiscal year 2014, United States Customs and Border Protection apprehended over 50,000 unaccompanied children from the Northern Triangle. That is thirteen times more than just three years earlier. This Article examines the intersecting humanitarian and legal crises facing these children and offers an administrative solution to the problem. The children are fleeing a genuine humanitarian crisis—a region overrun by …
Protecting Syrian Refugees: Laws, Policies, And Global Responsibility Sharing, 2015 Boston University School of Law
Protecting Syrian Refugees: Laws, Policies, And Global Responsibility Sharing, Susan M. Akram, Sarah Bidinger, Aaron Lang, Danielle Hites, Yoana Kuzmova, Elena Noureddine
Faculty Scholarship
This article provides an excerpt of a report that maps out how the Syrian refugee crisis is being played out in four of the main states hosting the refugees, Lebanon, Jordan, Egypt and Turkey. This excerpt focuses on the laws and policies in the host states and how they are creating particularly devastating consequences for Palestinian refugees. The excerpt sets out the Report’s conclusions and recommendations, primarily the call for a global Comprehensive Plan of Action (cpa), with various components within and outside the Middle East region that build on existing legal obligations to better allocate responsibility for the refugee …
Immigration Federalism As Ideology: Lessons From The States, 2015 CUNY Hunter College
Immigration Federalism As Ideology: Lessons From The States, Lina Newton
Publications and Research
Over the last decade states passed hundreds of immigration bills covering a range of policy areas. This article considers the recent state legislative surge against scholarly treatments of immigration federalism, and identifies the symbolic politics in state lawmaking. The analysis combines a historical treatment of key court decisions that delineated boundaries of state and federal immigration roles with a legislative analysis of over 2200 immigration bills passed between 2006 and 2013, to identify the numerous ways in which national immigration policy shapes state measures. It argues that recent laws must be considered against symbolic federalism which privileges state sovereignty and …
Forced Migration, The Human Face Of A Health Crisis, 2015 Georgetown University Law Center
Forced Migration, The Human Face Of A Health Crisis, Lawrence O. Gostin, Anna E. Roberts
Georgetown Law Faculty Publications and Other Works
Nearly 60 million refugees, asylum-seekers and internally displaced persons (IDPs) fled their homes in 2014, predominately from war-torn Syria, Afghanistan and Somalia. The global response to assisting this vulnerable group has been wholly incommensurate with the need given the profound health hazards faced by forced migrants at each stage of their journey. The majority of forced migrants are housed in lower-income countries that do not have the infrastructure to assist the significant numbers of individuals who are crossing their borders and the humanitarian organizations who seek to assist in the response are grossly underfunded and under-resourced.
Countries have varying responsibilities …
My Turn: Halting Refugee Admissions Is Misguided, 2015 University of New Hampshire School of Law
My Turn: Halting Refugee Admissions Is Misguided, Erin B. Corcoran
Law Faculty Scholarship
Article excerpt: In the aftermath of terrorist attacks in Paris, state governors from more than 25 states, including the governor of my state, New Hampshire, have stated that they are shutting down their borders and not allowing Syrian refugees to live in their states. While their pronouncements carry no legal weight, because state governors don’t have the authority to decide whether to admit refugees into the United States (that is the president’s prerogative), they are misguided and morally reprehensible.
Us Leaders Cave To Popular Fear On Syrian Refugees, 2015 Western New England University School of Law
Us Leaders Cave To Popular Fear On Syrian Refugees, Lauren Carasik
Media Presence
No abstract provided.
Where The American Dream Becomes A Nightmare: Lgbt Detainees In Immigration Detention Facilities, 2015 William & Mary Law School
Where The American Dream Becomes A Nightmare: Lgbt Detainees In Immigration Detention Facilities, Lauren Zitsch
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Political Refugees, Captives, Slaves And Other Migrants In International Law Of Ancient Near East (2nd Millenium Bc), 2015 Universitat Oberta de Catalunya
Political Refugees, Captives, Slaves And Other Migrants In International Law Of Ancient Near East (2nd Millenium Bc), Víctor M. Sánchez
Víctor M. Sánchez
International treaties in the 2nd millennium BC in the Ancient Near East (ANE) demonstrate the importance placed on regulating migratory movements at the time. The economic and political basis of such regulation helps outline a critical analysis in comparison to current international law regarding the same forms of migratory movements. The loss of social value of human beings arising from demographic changes explains the enormous difference between past and present regulatory models. Only the recovery of human value in its economic sense will permit changes to the current regulation of migratory movements. The variety of extradition clauses in the treaties …
Enforcing Immigration Equity, 2015 University of Georgia Law School
Enforcing Immigration Equity, Jason A. Cade
Fordham Law Review
Congressional amendments to the immigration code in the 1990s significantly broadened grounds for removal while nearly eradicating opportunities for discretionary relief. The result has been a radical transformation of immigration law. In particular, the constriction of equitable discretion as an adjudicative tool has vested a new and critical responsibility in enforcement officials to implement rigid immigration rules in a normatively defensible way, primarily through the use of prosecutorial discretion. This Article contextualizes recent executive enforcement actions within this scheme and argues that the Obama Administration’s targeted use of limited enforcement resources and implementation of initiatives such as Deferred Action for …
As Respected As A Citizen Of Old Rome: Assessing Good Moral Character In The Age Of National Security, 2015 UC Irvine School of Law
As Respected As A Citizen Of Old Rome: Assessing Good Moral Character In The Age Of National Security, Jennifer Chin, Zeenat Hassan
UC Irvine Law Review
No abstract provided.
Enforcing Immigration Equity, 2015 University of Georgia School of Law
Enforcing Immigration Equity, Jason A. Cade
Scholarly Works
Congressional amendments to the immigration code in the 1990s significantly broadened grounds for removal while nearly eradicating opportunities for discretionary relief. The result has been a radical transformation of immigration law. In particular, the constriction of equitable discretion as an adjudicative tool has vested a new and critical responsibility in enforcement officials to implement rigid immigration rules in a normatively defensible way, primarily through the use of prosecutorial discretion. This Article contextualizes recent executive enforcement actions within this scheme and argues that the Obama Administration’s targeted use of limited enforcement resources and implementation of initiatives such as Deferred Action for …
Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, 2015 Faculty of law, University of Lund
Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström
Leila Brännström
Marrying Up: The Unsettled Law Of Immigration Marriage Fraud And The Need For Uniform Statutory Guidelines, 2015 St. John's University School of Law
Marrying Up: The Unsettled Law Of Immigration Marriage Fraud And The Need For Uniform Statutory Guidelines, Michael Virga
St. John's Law Review
(Excerpt)
This Note argues that courts should interpret § 1325(c) as applicable to anyone who enters a marriage with any intent of evading immigration laws, regardless of any other underlying motivations. Part I examines the motivations for and prevalence of immigration marriage fraud, as well as the historical context in which the statute in question was drafted. Part II analyzes the unsettled landscape of § 1325(c)'s interpretation and application, in addition to the competing arguments for the respective tests. Part III argues for the universal adoption of the Evade the Law standard, premised on the need for plain meaning statutory …