Pomona Police Immigration Policies,
2014
University of California, Irvine School of Law
Pomona Police Immigration Policies
Subfederal Government Responses
No abstract provided.
Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law,
2014
University of New Hamphsire School of Law
Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law, Erin B. Corcoran
Erin B. Corcoran
Bipartisan politics has prevented meaningful reform to a system in dire need of solutions: Immigration. Meanwhile there eleven million noncitizens with no valid immigration status who currently reside in the United States and the Department of Homeland Security (DHS) does not have the necessary resources to effect their removal. DHS does have the authority through prosecutorial discretion to prioritize these cases and provide relief to individuals with compelling circumstances that warrant humanitarian consideration; nonetheless, DHS’s exercise of prosecutorial discretion is underutilized, inconsistently applied and lacks transparency. This Article suggests a remedy – that the immigration prosecutor’s role should redefined to …
Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law,
2014
University of New Hamphsire School of Law
Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law, Erin B. Corcoran
Erin B. Corcoran
Bipartisan politics has prevented meaningful reform to a system in dire need of solutions: Immigration. Meanwhile there eleven million noncitizens with no valid immigration status who currently reside in the United States and the Department of Homeland Security (DHS) does not have the necessary resources to effect their removal. DHS does have the authority through prosecutorial discretion to prioritize these cases and provide relief to individuals with compelling circumstances that warrant humanitarian consideration; nonetheless, DHS’s exercise of prosecutorial discretion is underutilized, inconsistently applied and lacks transparency. This Article suggests a remedy – that the immigration prosecutor’s role should redefined to …
Cle - Post-Deportation: Immigrant And Nonimmigrant Visas, Motions To Reopen, And Returning Your Client To The U.S.,
2014
Boston College
Cle - Post-Deportation: Immigrant And Nonimmigrant Visas, Motions To Reopen, And Returning Your Client To The U.S., Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals,
2014
Seattle University School of Law
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Seattle University Law Review
Despite being married to a U.S. citizen, non-citizen transgender individuals and non-citizen spouses married to transgender U.S. citizens still face deportation today due to current immigration policies. When forced to return to their home countries, transgender individuals are likely to encounter violence from those who perpetuate hate towards transgender and gender non-conforming individuals. Instead of protecting these individuals, the United States continues to send people back to their native countries solely because those individuals do not fall within the narrowly constructed definition of marriage some states use that is legally recognized by federal courts. Transgender individuals receive disparate treatment as …
Routine Exceptionality: The Plenary Power Doctrine, Immigrants, And The Indigenous Under U.S. Law,
2014
UC Irvine
Routine Exceptionality: The Plenary Power Doctrine, Immigrants, And The Indigenous Under U.S. Law, Susan Bibler Coutin, Justin Richland, Véronique Fortin
UC Irvine Law Review
No abstract provided.
War Of The Words: Aliens, Immigrants, Citizens, And The Language Of Exclusion,
2014
BYU Law
War Of The Words: Aliens, Immigrants, Citizens, And The Language Of Exclusion, D. Carolina Nunez
BYU Law Review
Words communicate more than their ordinary dictionary meaning. Words tell us about individuals' and communities' conscious and subconscious perceptions. The words we use are evidence of how we think, which, in turn, ultimately determines what we do. In this paper, I examine and compare the usage of the words "immigrant," "alien," and "citizen" to make observations on the nature of membership and belonging in the United States. While it is perhaps intuitive that these words carry very different connotations, here I use corpus linguistics to explore those connotations. I rely on the Corpus of Contemporary American English, a database of …
Creating Crimmigration,
2014
Brigham Young University Law School
Creating Crimmigration, César Cuahtémoc García Hernández
BYU Law Review
No abstract provided.
Members Only: Undocumented Students & In-State Tuition,
2014
Brigham Young University Law School
Members Only: Undocumented Students & In-State Tuition, Angela M. Banks
BYU Law Review
No abstract provided.
Mercy In Immigration Law,
2014
Brigham Young University Law School
Mercy In Immigration Law, Allison Brownell Tirres
BYU Law Review
What role should mercy play in immigration law? This Article draws on the robust debate in the criminal law about the role of mercy in the hopes of starting a conversation among immigration law scholars and practitioners. Mercy skeptics argue that mercy contravenes justice, while advocates argue that mercy is a necessary countermeasure to the unrelenting harshness of criminal law today. I argue that the problems of mercy in the criminal law are amplified in the immigration law context. The lack of procedural and substantive protections for immigrants, the acceptance of unfettered discretion and lack of oversight of agency action, …
Multiculturalism And Feminism For Hispanic Immigrant Women Accused Of Drug Crimes,
2014
Brigham Young University Law School
Multiculturalism And Feminism For Hispanic Immigrant Women Accused Of Drug Crimes, Kathryn Duque Lenhart
BYU Law Review
No abstract provided.
Immigration After Doma: How Equal Is Marriage Equality?,
2014
Hamline University
Immigration After Doma: How Equal Is Marriage Equality?, John Medeiros
Journal of Public Law and Policy
Nearly 36,000 United States citizens are currently living with their foreign-born same-sex partners. Until recently, same-gendered binational spouses have been unable to avail themselves of the immigration advantages shared by their heterosexual counterparts, largely because of Section 3 of the Defense of Marriage Act (DOMA), which defines “marriage” at the federal level as “a legal union between one man and one woman.” This dual treatment changed, however, in the summer of 2013, when the Supreme Court heard the case of United States v. Windsor, which challenged Section 3 of DOMA. In Windsor, the Court held that by restricting …
On Thin Ice? Domestic Violence Advocacy And Law Enforcement-Immigration Collaborations,
2014
Portland State University
On Thin Ice? Domestic Violence Advocacy And Law Enforcement-Immigration Collaborations, Diana Rempe
Dissertations and Theses
The public focus on domestic violence has been one of the most successful campaigns of the modern women's movement. This success was achieved in part through the creation of strategic alliances among agencies and organizations responding to partner violence. One of the most contested of these alliances involved partnering with the criminal justice system. While representing an advance in holding police accountable in protecting all citizens (Coker, 2006), this alliance has had problematic consequences, particularly as it has extended state power into the lives of women of color (e.g. Richie, 2005). This problem is exacerbated by new collaborations between law …
An “I Do” I Choose: How The Fight For Marriage Access Supports A Per Se Finding Of Persecution For Asylum Cases Based On Forced Marriage,
2014
American University Washington College of Law
An “I Do” I Choose: How The Fight For Marriage Access Supports A Per Se Finding Of Persecution For Asylum Cases Based On Forced Marriage, Natalie Nanasi
Natalie Nanasi
There is something special about marriage. The U.S. Supreme Court, in striking down anti-miscegenation laws, restrictions on the right to marry for disadvantaged groups, and most recently, the Defense of Marriage Act, has long recognized the marital union to be “sacred” and “fundamental to…existence.” Yet this analysis is dramatically different when courts consider asylum law, where a woman who is seeking refuge in the United States to protect her from a forced marriage abroad will likely be denied protection because the harm she fears is not considered to be a “persecutory” act. She may therefore be forced to spend a …
Umass Boston – Brazilian Immigrant Center Partnership,
2014
University of Massachusetts Boston
Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy
Tim Sieber
The Brazilian Immigrant Center (BIC) does organizing, advocacy and training to reduce marginalization of Brazilian immigrants, promoting their engagement as workers & civic participants. A worker’s center, BIC supports and defends workers’ rights under current state & US labor laws. BIC helps workers mediate complaints with employers, and refers others for class action suits, or intervention by the Mass. Attorney General or US Dept of Labor. A special focus at present is organizing mostly women domestic workers, and BIC has a new Law and Policy Clinic, a Domestic Worker Mediation Program, and an Immigration Justice Project staffed by two full-time …
Freedmen And Day Laborers: Why Enforcement Matters,
2014
University of Denver
Freedmen And Day Laborers: Why Enforcement Matters, Raja Raghunath
Raja Raghunath
As the one hundred and fiftieth anniversary of Emancipation approaches, there is a cautionary lesson for modern workers from the period that followed the abolition of chattel slavery. Reconstruction, after the Civil War, was the moment when the promise of universal liberty to work first became part of the American state’s covenant with its people. But this promise was quickly lost, as the rights that the federal government extended to the freed slaves – the freedmen – were contested and eventually nullified by vehement opposition in the working fields and cities of the South. In this sense, workers’ rights were …
U.S. Immigration And Custom Enforcement’S New Directive On Segregation: Why We Need Further Protections (2014),
2014
UIC School of Law
U.S. Immigration And Custom Enforcement’S New Directive On Segregation: Why We Need Further Protections (2014), John Marshall International Human Rights Clinic
UIC Law White Papers
This report addresses the U.S. Immigration and Customs Enforcement’s (ICE) September 2013 directive concerning the use of segregation and why it does not provide sufficient protection to detainees. It specifically addresses the changes the directive makes in the use of segregation, the identification of individuals with special vulnerabilities, the review process of detainees in segregation, and the reporting procedures required of detention facilities. This report examines previous attempts to implement immigrant detention standards and sheds light on current practices by detention facilities throughout the United States in relation to their use of solitary confinement. It recommends that ICE should strictly …
Legitimate Persecution: The Effect Of Asylum’S Nexus Clause,
2014
SelectedWorks
Legitimate Persecution: The Effect Of Asylum’S Nexus Clause, Nicholas Bolzman
Nicholas Bolzman
The United States adopted its first comprehensive asylum law in 1980, after various ad hoc attempts to craft an immigration scheme for those fleeing persecution had limited success. While the 1980 law does correct for many prior problems, it still retains some arbitrary limitations. Specifically, the requirement that applicants show persecution on account of race, religion, nationality, membership in a particular social group, or political opinion creates significant hurdles for those whose persecution is not disputed, but whose persecutors’ motives are based on something else. Examples are persecution based on gender, FGM, sexual orientation, recruitment as child soldiers, and those …
A Criminal’S Path To The American Dream: Extradition As A Drug Enforcement Policy Tool,
2014
SelectedWorks
A Criminal’S Path To The American Dream: Extradition As A Drug Enforcement Policy Tool, Laura A. Gavilan
Laura A Gavilan
This article explores a little-known avenue of immigration to the United States: the path that criminals from other nations embark on when they are extradited to the United States and, through cooperation agreements with law enforcement, are able to obtain immigration benefits and legal status. To illustrate this phenomenon, this article outlines the case of the United States’ war on drugs, which has led to the extradition of hundreds of Colombian drug traffickers and paramilitary leaders to the United States during the past two decades. While many of these extradited individuals have been deported back to Colombia after fulfilling their …
A Criminal’S Path To The American Dream: Extradition As A Drug Enforcement Policy Tool,
2014
SelectedWorks
A Criminal’S Path To The American Dream: Extradition As A Drug Enforcement Policy Tool, Laura A. Gavilan
Laura A Gavilan
This article explores a little-known avenue of immigration to the United States: the path that criminals from other nations embark on when they are extradited to the United States and, through cooperation agreements with law enforcement, are able to obtain immigration benefits and legal status. To illustrate this phenomenon, this article outlines the case of the United States’ war on drugs, which has led to the extradition of hundreds of Colombian drug traffickers and paramilitary leaders to the United States during the past two decades. While many of these extradited individuals have been deported back to Colombia after fulfilling their …
