Trump’S Travel Ban At The Supreme Court: Deference Joined By Nudges Toward Civility, 2018 Roger Williams University School of Law
Trump’S Travel Ban At The Supreme Court: Deference Joined By Nudges Toward Civility, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Impact Of Domestic Violence On Immigrant Women, 2018 DePaul University
The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast
DePaul Journal of Women, Gender and the Law
No abstract provided.
Legal Responses To The European Union’S Migration Crisis, 2018 University of San Diego
Legal Responses To The European Union’S Migration Crisis, Graham Butler
San Diego International Law Journal
The European Union (“EU”) imposes on itself its own constraints in which it performs as an external actor, and yet, there is little acknowledgment of this imposed constraint. It is the post-2015 migration crisis, an unexpected occurrence, which has brought the fields of EU external relation law and EU migration law together. Europe’s external border, on both land and sea, has tightened through legal acts of non-traditional nature, namely, the resort to securitisation and militarisation. Challenges, such as mass irregular migration, require more than just individual responses from a few selected Member States that are directly affected by the ...
The Uncertain Future Of Australia’S Pacific Solution, 2018 University of San Diego
The Uncertain Future Of Australia’S Pacific Solution, Chandra Roam
San Diego International Law Journal
The plight of a refugee is one that many of us will never understand. However, the ugly truth is that there is a global rise in the number of displaced persons seeking asylum. By the end of 2015, the number of displaced persons surpassed post World War II numbers, prompting developed nations around the world to enforce, amend, or implement policies targeted at controlling the flood of refugees at their borders. This Comment examines the policies of Australia, a nation that has had strict immigration policies in place for decades. Specifically, it discusses the Australian stance on refugee migration and ...
Modern Application Of The Islamic Principle Of Brotherhood: An Assessment Of The Syrian Refugees’ Relocation Solution In Egypt, Shams Al Din Al Hajjaji
San Diego International Law Journal
This Article argues that the Islamic principle of Brotherhood provides a feasible basis to solve the Arab refugee crisis. The Islamic solution is based on relocating Syrian refugees to Egypt. The solution has many positive factors that make it the most promising solution among the various other proposed solutions. The Syrian refugee crisis has been one of the major challenges for many Western countries, who have found themselves between a rock and a hard place, faced with two options. The first option involves agreeing to host the massive waves of refugees, to honor their principles of human dignity and morality ...
The Health Of Migrant Farmworkers In The Pacific Northwest: Access, Quality, And Health Disparities, 2018 University of Washington Tacoma
The Health Of Migrant Farmworkers In The Pacific Northwest: Access, Quality, And Health Disparities, Marleny Silva
Global Honors Theses
The health and well-being of migrant farmworkers have been neglected in the U.S. despite the prevalent reliance on undocumented foreign labor to fill the needs of the agricultural industry. In 1942, the U.S. signed a bilateral agreement with Mexico which allowed the recruitment of Mexican workers for temporary work in U.S. fields until the end of the program in 1964. This program contributed to the increase of Mexican migration even after its termination and reaffirmed our nation’s dependence on migrant farm workers, both documented and undocumented. Due to their undocumented status, undocumented migrant farmworkers experience neglect ...
Ganging Up On Immigration Law: Asylum Law And The Particular Social Group Standard - Former Gand Members And Their Need For Asylum Protections, 2018 University of Massachusetts School of Law
Ganging Up On Immigration Law: Asylum Law And The Particular Social Group Standard - Former Gand Members And Their Need For Asylum Protections, Claudia B. Quintero
University of Massachusetts Law Review
The Refugee Act of 1980 was a significant piece of legislation for the development of asylum law, and the United States’ commitment to human rights and humanitarian concern for the struggles of refugees worldwide. The Act recognized the urgent needs of persons fleeing persecution in their homelands, asylees, and their need for protection and resettlement. The protections afforded in the Act extended to asylum seekers that were persecuted on the basis of (1) race, (2) religion, (3) nationality, (4) membership in a particular social group, or (5) political opinion. However, Congress did not define “membership in a particular social group ...
Death By Fifty Cuts: Exporting Lunn V. Commonwealth To Maine And The Prospects For Waging A Frontal Assault On The Ice Detainer System In State Courts, 2018 University of Maine School of Law
Death By Fifty Cuts: Exporting Lunn V. Commonwealth To Maine And The Prospects For Waging A Frontal Assault On The Ice Detainer System In State Courts, Sean Turley
Maine Law Review
As long as the future of federal immigration policy remains unsettled and the use of ICE detainers to capture and deport suspected noncitizens remains widespread, practitioners should focus their attention on waging a frontal assault against the legality of ICE detainers on state law grounds by arguing that they constitute warrantless arrests that are prohibited by state statute. The recent Massachusetts Supreme Judicial Court decision in Lunn v. Commonwealth provides a model for how to wage such an attack—not only in states with similar common law and statutory frameworks that are unlikely to resolve the issue legislatively, like Maine ...
Equal Protection And Scrutinizing Scrutiny: The Supreme Court’S Decision In Sessions V. Morales-Santana, 2018 SJ Quinney College of Law, University of Utah
Equal Protection And Scrutinizing Scrutiny: The Supreme Court’S Decision In Sessions V. Morales-Santana, Jonathan Burt
Utah Law Review
This Note attempts to synthesize the cases on 8 U.S.C. § 1409(c) and provide a workable framework for intermediate scrutiny in the equal protection realm. Intermediate scrutiny, like all levels of scrutiny, is an ends-means balancing test. Under intermediate scrutiny, the ends must be “important.” The interest cannot be “hypothetical” or “invented post hoc in response to litigation.”234 Instead, it must be the actual reason behind the statutory classification and this must be clearly demonstrated by the government. On the other side, the means must “substantially relate” to the asserted interest. The means chosen cannot result from ...
Distant Voices Then And Now: The Impact Of Isolation On The Courtroom Narratives Of Slave Ship Captives And Asylum Seekers, 2018 University of Michigan Law School
Distant Voices Then And Now: The Impact Of Isolation On The Courtroom Narratives Of Slave Ship Captives And Asylum Seekers, Tara Patel
Michigan Journal of Race and Law
Part I compares the nineteenth century cases of the Antelope and the Amistad to identify why they resulted in different outcomes despite having similar fact patterns. The Antelope concerned the fate of approximately 280 African captives discovered on a slave trade ship upon its interception by a U.S. revenue cutter. Since the slave trade in the United States was illegal at the time, the captives were transported to Savannah for trial through which their status—free or slave—would be determined. After a lengthy trial and appeals process in which Spain and Portugal laid claim to the captives, the ...
Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, 2018 Brooklyn Law School
Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, Christopher C. Malwitz
Brooklyn Law Review
Victims fleeing their native countries to escape violence, discrimination, or persecution are provided a limited number of mechanisms under current immigration law to gain refuge in the United States. Under the controlling law, aliens entering the United States are eligible for asylum if they qualify under one of five protected grounds, including race, religion, nationality, membership in a particular social group, or political opinion. But the complete lack of statutory guidance surrounding what constitutes a “particular social group” is incredibly controversial and confusing. The immigration statutes provide no language defining this protected ground. Thus, the guiding framework and eligibility criteria ...
Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, 2018 Roger Williams University School of Law
Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq.
St. Mary's Law Journal
The Rhetoric Is On The Wall: A Multimodal Study Of The U.S. – Mexico Border Through Image Narratives, 2018 University of Washington Tacoma
The Rhetoric Is On The Wall: A Multimodal Study Of The U.S. – Mexico Border Through Image Narratives, Kristoffer Mason
Global Honors Theses
This paper applied social semiotics and systemic functional theory to study visual narratives related to President Trump’s border wall project and U.S. immigration policy. The images were selected by new articles posted by The New York Times using search parameters “border wall” and “undocumented immigration” between the dates of March 13 – April 13, 2018. Images were selected and categorized based on visual themes related to the border wall and policy enforcement. Of these categories, two images were selected for vertical perspective, vector patterns, and gestures to discover the narratives. Analysis of the images showed that social power and ...
The Privileges And Immunities Of Non-Citizens, 2018 Indiana University Robert H. McKinney School of Law
The Privileges And Immunities Of Non-Citizens, R. George Wright
Cleveland State Law Review
However paradoxically, in some practically important contexts, non-citizens of all sorts can rightly claim what amount to privileges and immunities of citizens. This follows from a careful and entirely plausible understanding of the inherently relational, inescapably social, and essentially reciprocal nature of at least some typical privileges and immunities.
This Article contends that the relationship between constitutional privileges and immunities and citizenship is more nuanced, and much more interesting, than usually recognized. Crucially, allowing some non-citizens to invoke the privileges and immunities of citizens often makes sense. The intuitive sense that non-citizens cannot logically claim the privileges or immunities of ...
Understanding "Sanctuary Cities", 2018 University of Denver Sturm College of Law
Understanding "Sanctuary Cities", Christopher N. Lasch, R. Linus Chan, Ingrid V. Eagly, Dina Francesca Haynes, Annie Lai, Elizabeth M. Mccormick, Juliet P. Stumpf
Boston College Law Review
In the wake of President Trump’s election, a growing number of local jurisdictions around the country have sought to disentangle their criminal justice apparatus from federal immigration enforcement efforts. These localities have embraced a series of reforms that attempt to ensure immigrants are not deported when they come into contact with the criminal justice system. The Trump administration has labeled these jurisdictions “sanctuary cities” and vowed to “end” them by, among other things, attempting to cut off their federal funding.
This Article is a collaborative project authored by law professors specializing in the intersection between immigration and criminal law ...
Ethics Issues Inherent In Special Immigrant Juvenile State Court Proceedings - Practical Proposals For Intractable Problems, 2018 Boston College Law School
Ethics Issues Inherent In Special Immigrant Juvenile State Court Proceedings - Practical Proposals For Intractable Problems, Alexis Anderson
Immigration advocates have long noted how ethical challenges pervade certain areas of their practice, particularly in the employment and spousal contexts. A significant body of literature exists that attempts to identify clear, professional norms for grappling successfully with thorny ethical questions inherent in those areas. This article expands that scholarship by studying the ethics issues that arise for counsel representing youth seeking Special Immigrant Juvenile ("SIJ") status in state court. Using SIJ case studies to explore questions of confidentiality, conflicts, and candor, this article uncovers key factors that complicate practitioners' ability to comply with existing ethical mandates. One defining feature ...
Leveraging Social Science Expertise In Immigration Policymaking, 2018 University of Colorado Law and Political Science
Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen
The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision-making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It concludes ...
Refugee Resettlement In Wyoming: A How-To Guide, 2018 University of Wyoming
Refugee Resettlement In Wyoming: A How-To Guide, Gabriel Selting
Honors Theses AY 17/18
Amid a global refugee crisis defined by the highest levels of displaced persons on record, Wyoming is the single state in the U.S. without a Refugee Resettlement Program (RRP). Wyoming “exceptionalism” in this regard is an affront to America’s traditional role as the leader in refugee admissions and human rights advocacy dating back the mid 1940s. The purpose of this article is to establish a framework for Welcome Wyoming’s initiative to create an RRP. This article proceeds by laying bare the various models of refugee resettlement, and then selects the appropriate model considering the political climate, funding ...
Embracing The Chinese Exclusion Case: An International Law Approach To Racial Exclusions, 2018 College of William & Mary Law School
Embracing The Chinese Exclusion Case: An International Law Approach To Racial Exclusions, Lauri Kai
William & Mary Law Review
No abstract provided.
Refugees In The European Union: The Harsh Reality Of The Dublin Regulation, 2018 University of Notre Dame Law School
Refugees In The European Union: The Harsh Reality Of The Dublin Regulation, Lana Maani
Notre Dame Journal of International & Comparative Law
The refugee crisis is a highly contested and controversial issue. The world, and specifically Europe, has seen a rapid increase in the number of refugees applying for asylum. In fact, the European Union (“EU”) has received well over one million refugees: the highest number of refugees since the Second World War. The crisis is testing the EU’s main building blocks, including, most importantly, its Member States’ notion of an ever-closer union. Some Member States have been more responsive to the crisis than others. For example, Germany is the highest refugee hosting country in the EU. On the other hand ...