The Political (Mis)Representation Of Immigrants In Voting, 2021 University of Colorado Law School
The Political (Mis)Representation Of Immigrants In Voting, Ming H. Chen, Hunter Knapp
Publications
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing immigrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immigrants and foreign-born voters having rights of semi-citizenship. By placing naturalization backlogs, voting restrictions, and reapportionment battles in the historical context of voter suppression, it provides a descriptive and normative account of the political misrepresentation of immigrants.
Understanding Place-Based Immigration: The Proposal, Its Popularity, And Its Prospects, 2021 Claremont Colleges
Understanding Place-Based Immigration: The Proposal, Its Popularity, And Its Prospects, Mohamad Moslimani
CMC Senior Theses
The idea to create a new class of place-based visas is gaining traction in policy circles. These visas, known in some instances as “heartland visas” and as part of a class of immigration reform called “place-based immigration” (PBI), are designed to give state and local governments the ability to sponsor immigrants to live and work in their local communities. The proposal has gained traction among a variety of candidates for federal office and local immigration policy stakeholders. The reason for this support is the proposal’s ability to address a grave issue facing numerous communities across the U.S.—and its ability to …
Locking The Golden Door And Throwing Away The Key: An Analysis Of Asylum During The Years Of The Trump Administration, 2021 Touro Law Center
Locking The Golden Door And Throwing Away The Key: An Analysis Of Asylum During The Years Of The Trump Administration, Samantha B. Karpman
Touro Law Review
The years of the Trump Administration have certainly been some of the most divisive in modern American political history. One of the largest divides arose from former President Trump’s brazen, “zero tolerance” immigration policies that relentlessly attacked many forms of immigration coming into the United States. Asylum-based immigration, which allows immigrants to come to this country as a safe haven when they are fleeing persecution in their home countries, was one of former President Trump’s main targets. Former President Trump even came dangerously close to eliminating asylum-based immigration with his “Death to Asylum” policy in December of 2020. President Biden …
Chevron’S Asylum: Judicial Deference In Refugee Cases, 2021 University of Nevada, Las Vegas -- William S. Boyd School of Law
Chevron’S Asylum: Judicial Deference In Refugee Cases, Michael Kagan
Scholarly Works
Chevron deference is at the height of its powers in refugee and asylum cases, with the highest possible human consequences. Why does the Supreme Court seem so comfortable with Chevron deference in asylum cases when it has been reluctant to defer to the government in other kinds of deportation cases? More to the point, is this deference justified? There are cogent arguments justifying more deference in asylum cases than in other kinds of deportation cases. These arguments rest to a great extent on the premise that greater political accountability is a good thing when interpreting a statute. Yet in a …
Discretionary Injustice: Limiting Due Process Rights Of Undocumented Immigrants Upon Removal After Re-Entry, 2021 Touro Law Center
Discretionary Injustice: Limiting Due Process Rights Of Undocumented Immigrants Upon Removal After Re-Entry, Brendan Dauscher
Touro Law Review
No abstract provided.
A Regulatory Policy Strategy For Protecting Immigrant Workers, 2021 Vanderbilt University Law School
A Regulatory Policy Strategy For Protecting Immigrant Workers, W. Kip Viscusi, N. Marquiss
Vanderbilt Law School Faculty Publications
Immigration has become a focal point of many political campaigns, most notably that of President Trump in 2016 and again in 2020. Populist rhetoric also decries immigrant workers for taking Americans' jobs and depressing wages for U.S.-born workers. Yet immigrants serve a constructive role by working in some of the most dangerous occupations in the country. It is well-known that immigrant workers, particularly those from Mexico with limited English language skills, face a higher workplace fatality rate than native workers. Efforts to reverse this trend have long been the focus of the Occupational Safety and Health Administration (OSHA), which undertook …
Table Of Contents, 2021 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents.
Systemic Racism And Immigration Detention, 2021 Seattle University School of Law
Systemic Racism And Immigration Detention, Carrie L. Rosenbaum
Seattle University Law Review
The denouement of the Trump presidency was a white supremacist coup attempt against a backdrop of public reawakening to the persistence of institutionalized racism. Though the United States has entered a new administration with a leader that expresses his commitment to ending institutionalized racism, the United States continues to imprison Central American and Mexican immigrants at the southern border. If the majority of the people in immigration jails at the border are Latinx, does immigration law disparately impact them, and do they have a right to equal protection? If they do, would equal protection protect them? This Article explores whether …
Immigration Detention: Eroding Or Reinforcing A Theory Of Immigration Exceptionalism?, 2021 Barry University
Immigration Detention: Eroding Or Reinforcing A Theory Of Immigration Exceptionalism?, Kate Aschenbrenner
Faculty Scholarship
No abstract provided.
Tenants Without Rights: Immigrants’ Experiences In The U.S. Low-Income Housing Market, 2021 University at Buffalo School of Law
Tenants Without Rights: Immigrants’ Experiences In The U.S. Low-Income Housing Market, Mekkonen Firew Ayano
Journal Articles
Immigrants who recently arrived in the United States generally are not able to exclusively possess rental properties in the formal market because they lack a steady source of income and credit history. Instead, they rent shared bedrooms, basements, attics, garages, and illegally converted units that violate housing codes and regulations. Their situations highlight the disconnect between tenant rights law and the deleterious conditions of informal residential tenancies. Tenant rights law confers a variety of rights and remedies to a residential tenant if the renter has exclusive possession of the premises. If the renter lacks exclusive possession, courts typically characterize the …
Work And Employment For Daca Recipients, 2021 University of Idaho College of Law
Work And Employment For Daca Recipients, Geoffrey Heeren
Articles
No abstract provided.
Giving Joseph Hearings Their Due: How To Ensure That Joseph Hearings Pass Due Process Muster, 2021 Alaska Public Defender Agency
Giving Joseph Hearings Their Due: How To Ensure That Joseph Hearings Pass Due Process Muster, Amy Greer
Roger Williams University Law Review
No abstract provided.
United States Supreme Court Survey: 2019 Term: Hernandez V. Mesa: A Catalyst For Change?, 2021 Roger Williams University School of Law
United States Supreme Court Survey: 2019 Term: Hernandez V. Mesa: A Catalyst For Change?, Diana Hassel
Roger Williams University Law Review
No abstract provided.
Lawyers For The Undocumented: Addressing A Split Circuit Dilemma For Asylum-Seekers, 2021 Indiana University Maurer School of Law
Lawyers For The Undocumented: Addressing A Split Circuit Dilemma For Asylum-Seekers, Jayanth K. Krishnan
Articles by Maurer Faculty
The immigration crisis at the border, since 2016, has seen children separated from parents, the detention of noncitizens increase, and record-breaking numbers of applicants denied entry into the United States. For individuals fleeing their home countries because of persecution, the hardship has been particularly severe. To start, the chances of gaining asylum have dwindled significantly. For those who are successful, a subsequent and crucial question is whether the lawyers who represent them can recoup their legal fees from the government.
Since 1980, a federal statute known as the Equal Access to Justice Act (EAJA) has allowed for a “prevailing party” …
Judicial Power—Immigration-Style, 2021 Indiana University Maurer School of Law
Judicial Power—Immigration-Style, Jayanth K. Krishnan
Articles by Maurer Faculty
Throughout this current global pandemic, but of course, even before, former President Trump advocated enacting restrictive immigration measures. Under his tenure, the Department of Homeland Security (DHS) assumed enhanced judicial authority and issued decisions that often adversely affected noncitizens. However, in June 2020, the U.S. Supreme Court struck down one of the DHS's most well-known initiatives, which sought to end the 'DACA' program. The Court held that the agency could not do so arbitrarily and had to comply with the requirements set forth in the Administrative Procedure Act.
Yet, there have been other areas where the DHS, particularly through its …
Decolonizing Indigenous Migration, 2021 UCLA School of Law
Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter
Publications
As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …
Access To Justice For Migrant Workers: Evaluating Legislative Effectiveness In Canada, 2021 Allard School of Law at the University of British Columbia
Access To Justice For Migrant Workers: Evaluating Legislative Effectiveness In Canada, Bethany Hastie
All Faculty Publications
This report analyzes, compares and contrasts the growing number of provincial legislative schemes aimed at addressing known recruitment and employment abuses of temporary foreign workers through registration and licensing schemes, with a view to identifying best practices and recommendations for further improvement that will enable the effective operationalization of these statutes and the realization of their core goals to protect temporary foreign workers in Canada.
The Political (Mis)Representation Of Immigrants In The Census, 2021 University of Colorado Law School
The Political (Mis)Representation Of Immigrants In The Census, Ming Hsu Chen
Publications
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This article describes several barriers facing immigrants that impede their political belonging. It critiques these barriers not on the basis of immigrants’ rights but based on their rights as current and future members of the political community. This is the second of two Essays. The first Essay focused on voting restrictions impacting Asian American and Latino voters. The second Essay focuses on challenges to including immigrants, Asian Americans, and Latinos in the 2020 Census. Together, the Essays critique the …
The Growth Of Vancouver As An Innovation Hub: Challenges And Opportunities, 2021 Allard School of Law at the University of British Columbia
The Growth Of Vancouver As An Innovation Hub: Challenges And Opportunities, Camden Hutchison, Li-Wen Lin
All Faculty Publications
This article assesses the development of Vancouver as an entrepreneurial region. Using data collected from commercial startup databases, we find that Vancouver produces more startups and receives more venture capital financing per capita than any other major Canadian city. However, we also find that Vancouver lags many U.S. cities on these same metrics. In light of our empirical findings, we explore whether differences in entrepreneurial activity between Canada and the United States are due to differences in the countries’ legal environments. We conclude that legal differences do not explain observed economic disparities, and that differences in entrepreneurial activity are due …
Duress In Immigration Law, 2021 Seattle University School of Law
Duress In Immigration Law, Elizabeth A. Keyes
Seattle University Law Review
The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …