Brief Of Nat’L Assoc. Of Crim. Defense Attorney & Nat’L Assoc. Of Fed’L Defenders As Amicus Curiae, Pereida V. Barr, No. 19-438 (U.S.) (Feb. 2020).,
2020
American University Washington College of Law
Brief Of Nat’L Assoc. Of Crim. Defense Attorney & Nat’L Assoc. Of Fed’L Defenders As Amicus Curiae, Pereida V. Barr, No. 19-438 (U.S.) (Feb. 2020)., Jenny Roberts
Amicus Briefs
Brief of Nat’l Assoc. of Crim. Defense Attorney & Nat’l Assoc. of Fed’l Defenders as Amicus Curiae, Pereida v. Barr, No. 19-438 (U.S.) (Feb. 2020).
Major Federal Court Victory For Religious Liberty Rights Of Immigrants' Rights Activists,
2020
Columbia Law School
Major Federal Court Victory For Religious Liberty Rights Of Immigrants' Rights Activists, Law, Rights, And Religion Project
Center for Gender & Sexuality Law
On Monday afternoon, February 3, 2020, U.S. District Court judge Rosemary Márquez issued a sweeping opinion in which she granted the religious liberty defenses raised by four activists working with the Southern Arizona group No More Deaths/No Más Muertes. The opinion reversed an earlier ruling in the case by Magistrate Judge Bernardo Velasco in which he had found the activists guilty of violating federal law for leaving water and food in the desert for migrants in the Cabrieza Prieta National Wildlife Area, a federally controlled refuge in the Southern Arizona desert where human remains of migrants are frequently found. The …
A Suspended Death Sentence: Habeas Review Of Expedited Removal Decisions,
2020
University of Michigan Law School
A Suspended Death Sentence: Habeas Review Of Expedited Removal Decisions, Lauren Schusterman
Michigan Law Review
Expedited removal allows low-level immigration officers to summarily order the deportation of certain noncitizens, frequently with little to no judicial oversight. Noncitizens with legitimate asylum claims should not find themselves in expedited removal. When picked up by immigration authorities, they should be referred for a credible fear interview and then for more thorough proceedings.
Although there is clear congressional intent that asylum seekers not be subjected to expedited removal, mounting evidence suggests that expedited removal fails to identify bona fide asylum seekers. Consequently, many of them are sent back to persecution. Such decisions have weighty consequences, but they have remained …
The Forgotten Relatives In The Fight Against Family Separation: A Constitutional Analysis Of The Statutory Definition Of Unaccompanied Minors In Immigration Detention,
2020
William & Mary Law School
The Forgotten Relatives In The Fight Against Family Separation: A Constitutional Analysis Of The Statutory Definition Of Unaccompanied Minors In Immigration Detention, Alysa Williams
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Is The "Hire American" Executive Order A Suspect Classification?,
2020
William & Mary Law School
Is The "Hire American" Executive Order A Suspect Classification?, Michael H. Leroy
William & Mary Bill of Rights Journal
President Trump’s Executive Order 13,788 declares a “Hire American” policy for H-1B visas. This action discriminates against Indians to benefit white American workers. The technology workforce in the United States has 4.6 million jobs. Most employees in this large workforce—about 76%—are U.S.-born. In this domestic segment, 85% of employees are white. Among foreign-born workers (11.6% of all workers), Asians make up 66%, with Indians predominating.
“Hire American” renews a mostly forgotten history of discrimination against Indian workers. The Immigration Act of 1917 enacted an “Asiatic Barred Zone.” Indian immigration was curtailed to 100 annual arrivals. Typical of the period, the …
Recent Developments,
2020
University of Michigan
Servant Leadership And Presidential Immigration Politics: Inspiration From The Foot-Washing Ritual,
2020
Penn State Law
Servant Leadership And Presidential Immigration Politics: Inspiration From The Foot-Washing Ritual, Victor C. Romero
Washington and Lee Journal of Civil Rights and Social Justice
President Donald Trump’s immigration agenda has been criticized by pundits and scholars alike and has been thwarted by courts concerned about executive overreach. This Article contributes to this chorus of critics by viewing the current immigration regime from a Christian perspective on servant leadership, contrary to the stereotype that Christianity necessarily aligns with any one particular political brand. Jesus Christ’s entreaty that his disciples wash each other’s feet provides a useful lens through which to evaluate whether this Administration’s work effectively advances communitarianism, a value consistent with Christian immigration ethics. An examination of a range of immigration policies—from the Muslim …
Contract Rights Under The I-864 Affidavit Of Support: Seventh Circuit's Reasoning Binds Courts' Hands In A Shifting Landscape For Public Charge Doctrine,
2020
St. John's University School of Law
Contract Rights Under The I-864 Affidavit Of Support: Seventh Circuit's Reasoning Binds Courts' Hands In A Shifting Landscape For Public Charge Doctrine, John T. Burger
St. John's Law Review
(Excerpt)
Courts are currently split on the issue of whether a mitigation of damages defense is available to sponsors to the Affidavit. Leading cases, including Liu, rely upon the unique nature of the form to assert that such defenses are precluded. This Note will argue that the I-864 should be treated under the same principles as a typical common-law contract. Part I of this Note will trace the history of the I-864 form, primarily focusing on the legislation and case law rendering the form an enforceable contract. Part II will discuss Liu v. Mund, focusing extensively on the United States …
Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration,
2020
ACLU National Prison Project
Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration, Eunice Hyunhye Cho, Tara Tidwell Cullen, Clara Long
Department of Homeland Security
In the last three years, the Trump administration has grown the immigration detention system in the United States to an unprecedented size, at times holding more than 56,000 people per day. Since 2017, Immigration and Customs Enforcement (ICE) has anchored this growth in places where immigrants are most likely to be isolated from legal counsel, remain in detention without real opportunity for release, and are more likely to lose their cases. These new detention centers also exhibit patterns of mistreatment and abuse, including medical and mental health care neglect, that have been present since the inception of ICE’s detention system …
Humanity For Asylum Seekers: How Migrant Protection Protocols And The March 20th Cdc Order Violate The Constitutional Rights Of Asylum Seekers During The Covid-19 Pandemic,
2020
University of San Diego
Humanity For Asylum Seekers: How Migrant Protection Protocols And The March 20th Cdc Order Violate The Constitutional Rights Of Asylum Seekers During The Covid-19 Pandemic, Madison Beck
Center for Health Law Policy and Bioethics
In late 2018, the Trump Administration introduced Migrant Protection Protocols (MPP), also known as the Remain in Mexico Policy, to curb illegal immigration. The protocols allow the U.S. to remove immigrants, including asylum seekers, to Mexico while their claims are processed. This is problematic on its own, but even more so during the COVID-19 pandemic; makeshift asylum tent-camps are home to thousands of vulnerable individuals where viral spread would be devastating. Additionally, in March 2020, the Centers for Disease Control and Prevention (CDC) issued an “order suspending introduction of certain persons from countries where a communicable disease exists” further worsening …
U.S. Border Expulsions Further Jeopardize Asylum Seekers And Unaccompanied Minors In The Time Of Covid-19,
2020
University of San Diego
U.S. Border Expulsions Further Jeopardize Asylum Seekers And Unaccompanied Minors In The Time Of Covid-19, Evan Harris
Center for Health Law Policy and Bioethics
The Centers for Disease Control and Prevention (CDC) issued a public health order on March 20, 2020, restricting people seeking asylum in the United States, as well as unaccompanied non-citizen children attempting to cross into the United States, from accessing legal protections guaranteed to them under U.S. and international law.1 Under the order, such individuals are instead immediately expelled from the country in an effort to protect border facilities and the citizenry of the United States from COVID-19.
2 As the order reasons, these immediate expulsions minimize the introduction of persons into “congregate settings” at border facilities and thereby reduce …
Habeas Class Actions: Current Opportunities And Challenges In Immigration Law,
2020
University of Pennsylvania Carey Law School
Habeas Class Actions: Current Opportunities And Challenges In Immigration Law, Ellyn Jameson
Prize Winning Papers
Winner of the Law School's 2020 Dolores K. Sloviter Prize for the best student paper or research project in the field of judicial administration.
Build The Wall And Wreck The System: Immigration Policy In The Trump Administration,
2020
Florida International University College of Law
Build The Wall And Wreck The System: Immigration Policy In The Trump Administration, Ediberto Román, Ernesto Sagás
Faculty Publications
No abstract provided.
Ideological Exclusion Of Foreigners In Israel And In The United States,
2020
Buchmann Faculty of Law, Tel Aviv University
Ideological Exclusion Of Foreigners In Israel And In The United States, Yuval Livnal
Buffalo Human Rights Law Review
This article explores the challenge which free speech poses to Israeli immigration policy. It does so, first, by looking into the American immigration policy regarding ideological exclusions, i.e. refusing entry of a foreigner to the U.S., or the deportation of one from it, solely due to the foreigner's ideological belief As discussed in this article, the U.S. Supreme Court has been consistently reluctant to strike down laws and regulations barring entry of foreigners due to their ideological convictions, from the beginning of the previous century, throughout the Cold-War era, and up until the recent upholding of President Trump's travel ban. …
Asylum Under Attack: Is It Time For A Constitutional Right?,
2020
University of Minnesota
Asylum Under Attack: Is It Time For A Constitutional Right?, Stephen Meili
Buffalo Human Rights Law Review
No abstract provided.
The Boundaries Of Habeas: Due Process, The Suspension Clause, And Judicial Review Of Expedited Removal Under The Immigration And Nationality Act,
2020
Roger Williams University School of Law
The Boundaries Of Habeas: Due Process, The Suspension Clause, And Judicial Review Of Expedited Removal Under The Immigration And Nationality Act, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Vicarious Trauma And Ethical Obligations For Attorneys Representing Immigrant Clients: A Call To Build Resilience Among The Immigration Bar,
2020
University of the District of Columbia David A Clarke School of Law
Vicarious Trauma And Ethical Obligations For Attorneys Representing Immigrant Clients: A Call To Build Resilience Among The Immigration Bar, Hannah C. Cartwright, Lindsay M. Harris, Liana M. Montecinos, Anam Rahman
Journal Articles
This article analyzes the ethical obligations for attorneys representing immigrant clients and the consequences of vicarious trauma, compassion fatigue, and burnout for the immigration bar and immigrant clients. The authors identify barriers for immigration attorneys in preventing, recognizing, and responding to vicarious trauma in themselves and colleagues and suggest practical ways that the immigration bar can and should seek to build resilience.
A Practical Overview Of U.S. Immigration Removal Proceedings, Administration Agencies And Respondent's Forms Of Relief,
2020
North Carolina Central University School of Law
A Practical Overview Of U.S. Immigration Removal Proceedings, Administration Agencies And Respondent's Forms Of Relief, Vy Thuan Nguyen
North Carolina Central Law Review
No abstract provided.
The Supreme Court’S Facilitation Of White Christian Nationalism,
2020
University of Miami School of Law
The Supreme Court’S Facilitation Of White Christian Nationalism, Caroline Mala Corbin
Articles
Doug Jager, a band student of Native-American ancestry, complained about the Christian prayers at his Georgia public school's football games. Rather than address his concerns, the school lectured him on Christianity and proposed an alternative that appeared neutral yet would result in the continuation of the Christian prayers. In striking down the school's proposal, Judge Frank M. Johnson Jr. understood some of the ramifications of state-sponsored Christianity.
Despite Supreme Court rulings limiting Christian invocations at pubic-school events, government-sponsored Christian prayers and Christian symbols remain plentiful, in the United States. This proliferation government-sponsored Christianity around the country both reflects and strengthens …
Políticas En Respuesta A La Migración Ilegal Discurso Frente Al Mercado Laboral De Colombianos En Estados Unidos En El Periodo 2009 - 2019,
2020
Universidad De La Salle, Bogota
Políticas En Respuesta A La Migración Ilegal Discurso Frente Al Mercado Laboral De Colombianos En Estados Unidos En El Periodo 2009 - 2019, Juan Sebastian Gaona Valencia, David Rene Otero Gomez
Negocios y Relaciones Internacionales
A partir de los años 80, se dio un fenómeno de migración por parte de la comunidad latinoamericana hacia Estados Unidos, la cual generó conflictos sociopolíticos entre las autoridades migratorias estadounidenses, los migrantes y los trabajadores locales. Muchas de estas migraciones de carácter ilegal influyeron de manera sistemática en la agenda de los diferentes gobiernos de Estados Unidos. La presente investigación analizó las repercusiones en el mercado laboral de colombianos en Estados Unidos, a partir de las políticas en respuesta a la migración ilegal, entre 2009 – 2019. Por esta razón se caracterizaron los cambios en las políticas que afectan …
