Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, 2023 University of Miami School of Law
Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust
University of Miami Inter-American Law Review
This note explores the complex relationship between climate change and Human migration, and the ensuing complications for the United States immigration scheme. Climate change can both directly and indirectly contribute to human migration, yet the United States’ regulatory scheme is unprepared for this reality and its consequences. Through analyzing several separate migratory events in Haiti, the specific failures of the United States status quo immigration systems become clearer. Further, the note will identify frameworks that could offer relief to climate-related migrants.
Order Of Protection Or Deportation? How Civil Orders Of Protection Entangle Noncitizens And Their Families In The Immigration And Criminal Legal Systems, Creating The Harm That They Were Intended To Prevent., 2023 Brooklyn Law School
Order Of Protection Or Deportation? How Civil Orders Of Protection Entangle Noncitizens And Their Families In The Immigration And Criminal Legal Systems, Creating The Harm That They Were Intended To Prevent., Sarah E. Corsico
Brooklyn Law Review
A civil protection order can act as an important form of relief for an individual experiencing violence; however, it can also bring extreme complications and consequences for noncitizens. Unlike its intended purpose as a remedy separate from punitive state systems, civil protection orders can replicate the harm of the criminal legal system for noncitizens—barring someone from gaining immigration status, delaying applications, impacting international travel, and at its worst, resulting in deportation. Despite the high stakes nature of these proceeding, for the most part, there is no right to assigned counsel in civil protection order cases. As a result, many individuals …
Gang Accusations: The Beast That Burdens Noncitizens, 2023 Brooklyn Law School
Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper
Brooklyn Law Review
This article examines evidence that the government presents in deportation proceedings against young men of color to prove that they are gang members. The gang evidence results in detention, deportation, adverse credibility decisions, and denial of discretionary relief. This article examines the gang evidence through the lens of the law’s use of presumptions and the corresponding burdens of proof at play in immigration proceedings. The immigration burden allocations allow adjudicators to readily accept the harmful presumption contained in the gang evidence—that urban youth of color are criminals and likely to engage in violent crime associated with gangs. The article seeks …
Improving Lawyers & Lives: How Immigrant Justice Corps Built A Model For Quality Representation While Empowering Recent Law School And College Graduates And The Immigrant Communities Whom They Serve, 2023 Immigrant Justice Corps
Improving Lawyers & Lives: How Immigrant Justice Corps Built A Model For Quality Representation While Empowering Recent Law School And College Graduates And The Immigrant Communities Whom They Serve, Jojo Annobil, Elizabeth Gibson
Fordham Law Review
The late Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit formed a study group in 2008 called the Study Group on Immigrant Representation to assess the scope of the problem and find a solution. The study group determined that the representation crisis was an issue “of both quality and quantity” and that the two most important variables for a successful outcome in a case were having counsel and not being detained. To address this need, the study group established two innovative programs: the New York Immigrant Family Unity Project (NYIFUP), the first public defender …
“The Biggest Problem With You…”: Racial Profiling And Canada’S Program Of Extra-Territorial Migrant Interdiction, 2023 Osgoode Hall Law School of York University (Student Author)
“The Biggest Problem With You…”: Racial Profiling And Canada’S Program Of Extra-Territorial Migrant Interdiction, Simon Wallace, Benjamin Perryman, Gábor Lukács, Sean Rehaag
All Papers
On April 3, 2019, Andrea and Attila Kiss tried to board an Air Canada Rouge flight from Budapest to Toronto. Andrea’s sister was ailing, and the couple planned to visit Canada for two months to support her family. Their travel was legitimate and lawful. Their documents were in order. But when they lined up to check in, Andrea made a mental note of a fact that was about to become relevant: as members of the Hungarian Roma community, they were the only racialized people in line.
Andrea and Attila did not reach the check-in counter. They were stopped and pulled …
Movie Night: "Angeliki" Courtesy Of Fly Theater, 2023 Yeshiva University, Cardozo School of Law
Movie Night: "Angeliki" Courtesy Of Fly Theater, Cardozo For Immigrants' Rights And Equality (Fire)
Flyers 2023-2024
No abstract provided.
Promises And Pitfalls: Former Lprs Quest For A Second Chance, 2023 Golden Gate University School of Law
Promises And Pitfalls: Former Lprs Quest For A Second Chance, Jeanin Alvarado
GGU Law Review Blog
Every year, the United States Immigration and Customs Enforcement (ICE) removes thousands of immigrants from the United States. In the fiscal year between October 2021 and September 2022, ICE executed the removal of 72,117 noncitizens, which is a 22% increase from the previous fiscal year. Of those removals, 44,096 noncitizens had criminal convictions or pending charges. According to the United States Department of Homeland Security (DHS), as of January 2022, an estimated 12.9 million lawful permanent residents (LPRs) live in the United States. About 970,000 of these LPRs obtained status before 1980, while the remaining 11.9 million obtained status …
Long-Term Immigration And The Path To Citizenship, 2023 Penn State Law
Long-Term Immigration And The Path To Citizenship, Ángela Sánchez-Gago
Immigration Law Blog
This article narrates the personal experience of the author with the American immigration system and provides an insight into the emotional scope of the naturalization process.
An Immigration Law For Abolitionists (And Reactionaries), 2023 University of California, Irvine School of Law
An Immigration Law For Abolitionists (And Reactionaries), Daniel I. Morales
UC Irvine Law Review
Immigration law gets most things wrong and satisfies no one—not immigrants, not moderates, not restrictionists, and not abolitionists (the #AbolishICE crowd). It is bad law premised on skewed epistemic inputs—the fantasies of U.S. citizens—and enforced by a national agency with bloated resources tasked with solving a problem (illegal immigration) that causes no material harm. Migration law’s biggest failing is that it admits far fewer immigrants than our country has the capacity to take in, as the decades-long, peaceful, and productive presence of twelve million undocumented immigrants definitively proves. The bankruptcy of immigration law has been obvious for a few decades …
A Vicious Cycle: United States’ Failure To Protect Immigrant Women’S Reproductive Rights At The Irwin County Detention Center, 2023 Golden Gate University School of Law
A Vicious Cycle: United States’ Failure To Protect Immigrant Women’S Reproductive Rights At The Irwin County Detention Center, Lizet Palomera Torres
Golden Gate University Law Review
The United States Immigration and Customs Enforcement agency (ICE) detained Jane Doe #15, an immigrant woman, at the Irwin County Detention Center (ICDC) in Georgia. During Jane’s time at ICDC, Doctor Mahendra Amin hastily examined her because she was experiencing severe pain in her pelvic area. Abandoning established professional and legal protocols for diagnosis and treatment, the medical staff scheduled Jane for surgery. Jane did not know what to expect from the surgery or what the medical personnel would do. After the surgery, the staff at ICDC neglected Jane’s care. She could not get out of bed on her own; …
Transgender Law Center V. Ice: Ninth Circuit Rules Ice Failed To Meet Foia Requirements After Death Of Detainee, 2023 Golden Gate University School of Law
Transgender Law Center V. Ice: Ninth Circuit Rules Ice Failed To Meet Foia Requirements After Death Of Detainee, Kayla Hughes
Golden Gate University Law Review
This case summary details the decision in Transgender L. Ctr. v. Immigr. & Customs Enf’t, 46 F.4th 771 (9th Cir. 2022), in which the U.S. Court of Appeals for the Ninth Circuit analyzed whether the U.S. Immigration and Customs Enforcement Agency (ICE) had properly responded to a request for information pursuant to the Freedom of Information Act (FOIA) (5 U.S.C. § 552). The Transgender Law Center (TLC) had filed a complaint of an asylum-seeker who had died in the custody of ICE. In furtherance of its claim, TLC had submitted two FOIA requests regarding the circumstances of the complainant’s death. …
Female Genital Mutilation And The Question Of Future Persecution When Seeking Asylum In The United States, 2023 Penn State Law
Female Genital Mutilation And The Question Of Future Persecution When Seeking Asylum In The United States, Dinithi Sathya Bulathwela
Immigration Law Blog
No abstract provided.
What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, 2023 University of Cincinnati College of Law
What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori Delaney
University of Cincinnati Law Review
No abstract provided.
Fire Side Chat With An Immigration Law Solo Practitioner, 2023 Yeshiva University, Cardozo School of Law
Fire Side Chat With An Immigration Law Solo Practitioner, Cardozo For Immigrants' Rights And Equality (Fire)
Flyers 2023-2024
No abstract provided.
Table Of Contents, 2023 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Revisiting Immigration Exceptionalism In Administrative Law, 2023 University of michigan Law School
Revisiting Immigration Exceptionalism In Administrative Law, Christopher J. Walker
Reviews
With all the changes swirling in administrative law, one trend seems to be getting less attention than perhaps it should: the death of regulatory exceptionalism in administrative law. For decades, many regulatory fields—such as tax, intellectual property, and antitrust—viewed themselves as exceptional, such that the normal rules of the road in administrative law do not apply. The Supreme Court and the lower courts have increasingly rejected such exceptionalism in many regulatory contexts, emphasizing that the Administrative Procedure Act (APA) and related administrative law doctrines are the default rules unless Congress has clearly chosen to depart from them by statute in …
La Curp No Sirve Para Nada: How The Curp And Other Temporary Documentation Fail To Protect The Human Rights Of Migrants In Transit Through Mexico, 2023 SIT Study Abroad
La Curp No Sirve Para Nada: How The Curp And Other Temporary Documentation Fail To Protect The Human Rights Of Migrants In Transit Through Mexico, Harper Hoover
Independent Study Project (ISP) Collection
This work concerns the use of temporary documentation by migrants in transit through Mexico, specifically an identification known as the Clave Única de Registro de Población (CURP.) In recent years, migrants have employed a strategy entailing applying for asylum in Mexico solely to obtain a temporary CURP, falsely believed to provide safe transit through Mexico. Past research on similar temporary documentation concludes that issuing permission to travel through the country is typically ineffective at providing safety from corruption and crime. Documentation also fails at providing reliable access to human rights guaranteed to all by the Mexican Constitution and Immigration Law …
Country-Of-Origin Information Reports: The Political And Legal Geographies Of Central American Migrants, 2023 University of South Carolina
Country-Of-Origin Information Reports: The Political And Legal Geographies Of Central American Migrants, Elise Dosch
Senior Theses
Country-of-origin information reports provide purportedly objective information on the political, economic, security, and humanitarian situation of a certain country. Within the context of asylum adjudication, country-of-origin information reports provide contextual information on the country-of-origin of the person seeking asylum. Academic literature on the legal use and application of these reports is limited, with the majority of research being contained within the European context. This thesis uses interviews with legal practitioners from the United States to investigate the use of country-of-origin information reports in the asylum adjudication process. These interviews revealed the uses of country-of-origin information reports by 3 key actors …
Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, 2023 University of New Hampshire
Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps
UNH Sports Law Review
No abstract provided.
Play Like A Girl, Get Paid Like A… Man?, 2023 University of New Hampshire
Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool
UNH Sports Law Review
No abstract provided.