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Immigration Law Commons

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Policing The Immigrant Identity, Eda Katharine Tinto 2017 University of Florida Levin College of Law

Policing The Immigrant Identity, Eda Katharine Tinto

Florida Law Review

Information concerning an immigrant’s “identity” is critical evidence used by the government in a deportation proceeding. Today, the government collects immigrant identity evidence in a variety of ways: a local police officer conducts a traffic stop and obtains a driver’s name and date of birth, fingerprints taken at booking link to previously acquired biographical information, and a search of a national database reveals a person’s country of origin. Data suggests that in an increasing number of cases, police collect immigrant identity evidence following an unlawful search and seizure in violation of the Fourth Amendment to the U ...


The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies 2017 Roger Williams University

The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Revisiting The Application Of Section 7 Of The Charter In Immigration And Refugee Protection, Gerald Heckman 2017 University of Manitoba School of Law

Revisiting The Application Of Section 7 Of The Charter In Immigration And Refugee Protection, Gerald Heckman

Gerald Heckman

The Supreme Court of Canada’s current approach to the application of s. 7 of the Charter of Rights and Freedoms in the immigration and refugee protection context is inconsistent with its approach to s. 7 engagement in other legal regimes. No principled and transparent reasons have yet been offered to justify this discrepancy. Liberty is engaged in removal proceedings under IRPA because this statute effectively establishes an administrative regime to control non-citizens in large measure through the threat of their forced removal from Canada and exposes them to the possibility of detention in order to carry out this threat ...


Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh M. Rathod 2017 American University

Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh M. Rathod

Jayesh Rathod

No abstract provided.


Executive Estoppel, Equitable Enforcement, And Exploited Immigrant Workers, Angela D. Morrison 2017 Texas A&M University School of Law

Executive Estoppel, Equitable Enforcement, And Exploited Immigrant Workers, Angela D. Morrison

Angela D. Morrison

Unauthorized workers in abusive workplaces have found themselves in a tug-of-war between federal agencies. On one side are federal prosecutors with the Department of Justice or Immigration and Customs Enforcement--who seek to criminally prosecute or deport the workers and treat the workers as defendants. On the other side are agencies like the U.S. Equal Employment Opportunity Commission, the Department of Labor, and U.S. Citizenship and Immigration Services who have determined the workers are victims of workplace exploitation and deserve protection. This mixed message—protection from one federal agency and prosecution by another—is contrary to Congressional intent and ...


The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies 2017 Roger Williams University School of Law

The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Beast Of Burden In Immigration Bond Hearings, Mary P. Holper 2017 Boston College Law School

The Beast Of Burden In Immigration Bond Hearings, Mary P. Holper

Mary Holper

In this article, I examine the burden of proof in bond proceedings. I apply theories for why burdens of proof exist in the law to demonstrate why the government should bear the burden of proof. I also argue that in order to ensure that such detention comports with Due Process, the government must prove, by clear and convincing evidence, that a detainee is dangerous. This presumption of freedom previously existed, yet was eviscerated by the former Immigration and Naturalization Service in a 1997 regulation and the Board of Immigration Appeals in a 1999 decision. That the detainee must bear the ...


The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies 2017 Roger Williams University School of Law

The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Don’T Ask Me About My Business: The Mafia’S Exploitation Of The European Migration Crisis, Natalie Cappellazzo 2017 Boston College Law School

Don’T Ask Me About My Business: The Mafia’S Exploitation Of The European Migration Crisis, Natalie Cappellazzo

Boston College International and Comparative Law Review

Old meets new as the Italian mafia capitalizes on the European migration crisis. Beginning with the coordination of Mediterranean voyages and ending with the indefinite exploitation of refugees at mafia-run migrant camps, the mafia has found an opportunity to profit from the crisis at every step of the way. With no end to the constant influx of refugees in sight, and verging on a humanitarian crisis within the camps’ walls, Italy faces a serious problem that requires a multifaceted solution. The Dublin regulations, which mandate registration and application for asylum in the first European Union country of entry, are in ...


A New Player Has Entered The Game: Immigration Reform For Esports Players, Bridget A.J. Whan Tong 2017 Villanova University Charles Widger School of Law

A New Player Has Entered The Game: Immigration Reform For Esports Players, Bridget A.J. Whan Tong

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst 2017 SIT Graduate Institute

Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst

Capstone Collection

International mobility efforts in the United States have garnered increased attention and funding in recent years, with such government-led initiatives as Generation Study Abroad and 100,000 Strong driving up inbound and outbound student numbers. Recent inbound mobility reports from the Institute of International Education show double-digit percentage increases in international student enrollment. Other countries also experiencing an influx of international students continue to research these trends to shape their own education strategies. Research conducted by the International Education Association of Australia points specifically to hands-on professional experience and enhanced employability as key factors important to Australia’s international student ...


The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies 2017 Roger Williams University School of Law

The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Finding A Right To Remain: Immigration, Deportation, And Due Process, Simon Y. Svirnovskiy 2017 Northwestern University School of Law

Finding A Right To Remain: Immigration, Deportation, And Due Process, Simon Y. Svirnovskiy

Northwestern Journal of Law & Social Policy

No abstract provided.


Papers Please: Immigration, Enforcement, And Remittances, Jose A. Rojas-Fallas 2017 Portland State University

Papers Please: Immigration, Enforcement, And Remittances, Jose A. Rojas-Fallas

Student Research Symposium

Immigrants are an understated agent in local economies. Whilst legal immigrants may be accounted for in the macro realm, illegal immigrants are very much an externality. Immigrant agents participate heavily in local economies, almost exclusively, due to their status and the implicit risks associated with it. Immigrants’ decision to migrate towards better economies come with the goal of achieving prosperity that more than likely would not have been possible in their location of origin. A majority of immigrants are heads of households that migrate alone seeking greater wages to support their household. They do this through remittances. These are capital ...


The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies 2017 Roger Williams University School of Law

The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Trending @ Rwu Law: Dean Yelnosky's Post: The Path To Commencement: Maria Viveiros '17 05-08-2017, Michael Yelnosky 2017 Roger Williams University School of Law

Trending @ Rwu Law: Dean Yelnosky's Post: The Path To Commencement: Maria Viveiros '17 05-08-2017, Michael Yelnosky

Law School Blogs

No abstract provided.


The Legacy Of The Immigrant Workplace: Lessons For The 21st Century Economy, Leticia Saucedo 2017 U.C. Davis School of Law

The Legacy Of The Immigrant Workplace: Lessons For The 21st Century Economy, Leticia Saucedo

Distinguished Speaker Series

Leticia Saucedo is a Professor of Law at U.C. Davis School of Law. She is an expert in employment, labor, and immigration law and she teaches immigration law and employment law at U.C. Davis. She has developed experiential courses in international and domestic service learning that explore the immigration consequences of crime and domestic violence in a post-conflict society. She has been a visiting professor at Duke Law School and a research scholar with the Chief Justice Warren Institute on Race, Ethnicity and Diversity at U.C. Berkeley. Professor Saucedo’s research interests lie at the intersections of ...


Circumstances Requiring Safeguards: Limitations On The Application Of The Categorical Approach In Hernandez-Zavala V. Lynch, Kelly Morgan 2017 Boston College Law School

Circumstances Requiring Safeguards: Limitations On The Application Of The Categorical Approach In Hernandez-Zavala V. Lynch, Kelly Morgan

Boston College Law Review

On November 20, 2015, the U.S. Court of Appeals for the Fourth Circuit in Hernandez-Zavala v. Lynch held that adjudicators deciding whether a noncitizen has been convicted of a crime of domestic violence as defined in 8 U.S.C. § 1227(a)(2)(E)(i) must apply the circumstance-specific approach to the statute’s domestic relationship requirement. In so doing, the Fourth Circuit carved out an exception to the more protective categorical and modified categorical approaches, which limit the evidence that may be admitted to determine whether a conviction triggers immigration consequences. This Comment argues that the Fourth Circuit ...


Truth Or Dare: A Framework For Analyzing Credibility In Children Seeking Asylum, Karen Smeda 2017 Cornell Law School

Truth Or Dare: A Framework For Analyzing Credibility In Children Seeking Asylum, Karen Smeda

Cornell Law Library Prize for Exemplary Student Research Papers

U.S. border agents detained at least 52,000 unaccompanied minors from only four Central American countries—Mexico, Guatemala, El Salvador, and Honduras—in 2014, while 95,000 unaccompanied children sought asylum in Europe in 2015.Given the ongoing turmoil in various parts of the world, these numbers will likely rise. Children are narrowly escaping their native countries. With little help available from legal counsel and little time to gather supporting evidence, more children are relying on the gamble of a positive credibility assessment in an asylum application.

The stakes are high—either a new life in the United States ...


Legal Critique Of President Carter's Proposals On Undocumented Aliens, Rev. Msgr. Anthony J. Bevilacqua 2017 St. John's University School of Law

Legal Critique Of President Carter's Proposals On Undocumented Aliens, Rev. Msgr. Anthony J. Bevilacqua

The Catholic Lawyer

No abstract provided.


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