Immigration Law Commons^™

The New Migration Law: Migrants, Refugees, And Citizens In An Anxious Age, Hiroshi Motomura

Cornell Law Review

Once every generation or so, entire fields of law require a full reset. We need to step back from the fray and rethink basic premises, ask new questions, and even recast the role of law itself. This moment has come for the law governing migration. Seasoned observers of immigration and refugee law have developed answers to core questions that emerged a generation ago. But now these observers often talk past each other, and their answers often fail to engage coherently with the daunting challenges posed by migration in this anxious age.

To try to do better, I undertake four inquiries. …

Regulating The Border, Eunice Lee

Maryland Law Review

No abstract provided.

Surfacing Contexts Of Violence In Novel Forms Of The Reproductive Justice Framework Through Lessons From Latin America: A Study Of Brutality, Migration And Bodily Autonomy And Progressive Solutions For Use In Public Health, Angelica M. Campos

CMC Senior Theses

In the last 5 years, Latin America has witnessed a tenacious wave of pañuelo verde and #NiUnaMenos activism. Sparked by increasing mortality rates associated with unsafe, clandestine abortions and femicide, the praxes and fundamental elements of these social movements have proven themselves useful not only in garnering international attention on issues relating to bodily autonomy, but in the synthesis of their respective sociopolitical solutions as well. In the United States, similar efforts have been spearheaded by the lauded reproductive justice framework, which has often been credited for centering the plight of women of color in both reproduction and social justice. …

Immigration And Crime Across Southern Us Border: The Effect Of Latino Immigration On Violent Crime, Matthew Hohman

Williams Honors College, Honors Research Projects

In the United States, most lay citizens could voice an opinion on the effect of immigration in the United States. However, these opinions are generally only focused on Latino immigration entering the country across its Southern border from Mexico and Caribbean countries, such as Cuba and Haiti. Increased media coverage on this topic in recent decades has fueled this debate and made it a center stage topic in political agendas. This study aims to shed light on this issue by researching the true effect of Latino immigration, as well as total immigration, across the United States’s Southern Border. To account …

Preventing Trafficking Through New Global Governance, Janie Chuang

Articles in Law Reviews & Other Academic Journals

The year 2020 marks the twentieth anniversary of the United Nations (U.N.) Trafficking Protocol-a treaty that established the foundation for global efforts to address the problem of human trafficking.' That treaty offered an early framing of the problem as a transnational crime, best addressed through aggressive prosecution of traffickers and international cooperation to that end. Since the Protocol's adoption, global antitrafficking law and policy have evolved significantly. The once near-exclusive focus on the prosecution prong of the treaty's "3Ps" approach to trafficking- focused on prosecuting trafficking, protecting trafficked persons, and preventing trafficking-has given way to an increased emphasis on victim …

A Dive Into Eb-5: A Need For Complete Modernization Of U.S. Investor-Based Immigration Program Or Eb-5 (Employment-Based Immigration: Fifth Preference), James Reiser

Touro Law Review

No abstract provided.

Lawful Permanent Residency: A Potential Solution For Temporary Protected Status Holders In The Eastern District Of New York, Cody M. Gecht

Touro Law Review

No abstract provided.

Give Me Your Tired, Your Poor (Unless They Are From “One Of Three Mexican Countries”): Unaccompanied Children And The Humanitarian Crisis At The U.S. Southern Border, Samantha R. Bentley

University of Richmond Law Review

This Comment argues that the United States’s response to the humanitarian crisis at its border is wholly inadequate. It argues that the government chose to advance two policies, Zero Tolerance and Family Separation, that exacerbated the humanitarian crisis at the border. These policies facilitated practices that violated domestic and international law. Most importantly, this Comment argues that the United States government traumatized one of the most vulnerable groups of people in the world: children.

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

The Right Family, Noa Ben-Asher, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

The family plays a starring role in American law. Families, the law tells us, are special. They merit, among others, tax deductions, testimonial privileges, untaxed inheritance, parental presumptions, and, over the course of the twentieth century, the Supreme Court has expanded individual rights stemming from familial relationships. In this Article, we argue that family matters as much for when it is ignored as for when it is featured. We shed light on the use of the family in the law by contrasting policies in which the family is the key unit of analysis with others in which it is not. …

I Pledge Allegiance To One Global Nation: Redefining Citizenship Through The Institutionalization Of Cosmopolitan Principles In Response To The U.S. Immigration System, Giselle Lucia Avila

Senior Projects Spring 2020

Senior Project submitted to The Division of Social Studies of Bard College

Ice Detention Contracts, Third-Party Beneficiary Suits, And Private Contracts In Immigrant Detention, Patrick Kennedy

Marquette Law Review

none.

Making Litigating Citizenship More Fair, Ming H. Chen

Publications

No abstract provided.

Citizenship Denied: Implications Of The Naturalization Backlog For Noncitizens In The Military, Ming H. Chen

Publications

The immigration system is in crisis. Long lines of asylum seekers at the border and immigrants in the interior spend years waiting for their day in immigration court. This is true in the agencies that process applications for immigration benefits from legal immigrants as well. Since 2016, delays in naturalization have increased to historic proportions. The problem is even worse for military naturalizations, where delays are accompanied by denials and overall declines in military naturalizations. It is the latest front in the battle on legal migration and citizenship.

These impediments to citizenship demonstrate an extreme form of policies collectively dubbed …

Distancing Refugees, Geoffrey Heeren

Articles

Today, two systems exist for addressing the humanitarian claims of persons fleeing persecution. One system consists of refugees living in host countries, often in large camps, who ideally are then resettled in other countries or repatriated when it is safe to do so. The other system involves refugees arriving in a country and seeking asylum-a right with ancient religious roots. The first "encampment model" is fundamentally broken, as most refugees are housed in the developing or least developed world in terrible conditions for extended periods of time, with little or no realistic hope of resettlement elsewhere or repatriation. The developed …

'Water Is Life!' (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade

Scholarly Works

Decades of stringent immigration enforcement along the Southwest border have pushed migrants into perilous desert corridors. Thousands have died in border regions, out of the general public view, yet migrants continue to attempt the dangerous crossings. In response to what they see as a growing humanitarian crisis, activists from organizations such as No More Deaths seek to expand migrant access to water, to honor the human remains of those who did not survive the journey, and to influence public opinion about border enforcement policies. Government officials, however, have employed a range of tactics to repress this border-policy “dissent,” including blacklists, …

When Congress Requires Nationwide Injunctions, David Hausman

University of Colorado Law Review

A curious provision of the Immigration and Nationality Act (INA) precludes class actions challenging expedited removal, the system of fast-track deportations for individuals who have recently entered the country. The same provision authorizes nationwide relief in non-class actions, but it requires that plaintiffs in such non-class systemic challenges file their claims in the federal District Court for the District of Columbia and that they do so within sixty days of the challenged change to the system. This framework should matter to scholars of nationwide injunctions for two reasons. First, Congress took for granted in 1996 that federal district courts may …

Third Country Deportation, Sarah R. Sherman-Stokes

Faculty Scholarship

The large-scale deportation of noncitizens from the United States is not new. However, the speed, and secrecy, by which many of these deportations are carried out is unprecedented. Deportations are, increasingly, executed not through a legal court process, but rather, extrajudicially—in detention centers and at border crossings, outside the purview of judges or neutral adjudicators. One kind of this “shadow deportation” is what I term “third country deportation”—the removal of noncitizens to a country other than that designated by an Immigration Judge, after relief to the designated country has been granted, and after the court proceeding has concluded.

This article …

Hernández V. Mesa And Police Liability For Youth Homicides Before And After The Death Of Michael Brown, Delores Jones-Brown, Joshua Ruffin, Kwan-Lamar Blount-Hill, Akiv Dawson, Cicely J. Cottrell

Sociology & Criminal Justice Faculty Publications

In a five-to-four decision announced in February of 2020, the United States Supreme Court ruled that the parents of an unarmed fifteen-year-old Mexican national killed by a U.S. Border Patrol agent in a cross-border shooting, cannot sue for damages in U.S. civil court. Here, we critique the majority and dissenting opinions and attempt to reconcile the strikingly different approach each used to resolve the case. Using a publicly available data set, we examine the homicide in Hernández v. Mesa, against the circumstances and context in which underage youth were killed by police within the United States over a five year …

How Much Procedure Is Needed For Agencies To Change “Novel” Regulatory Policies?, Ming Hsu Chen

Publications

The use of guidance documents in administrative law has long been controversial and considered to be one of the most challenging aspects of administrative law. When an agency uses a guidance document to change or make policy, it need not provide notice to the public or allow comment on the new rule; this makes changes easier and faster and less subject to judicial review. Under the Obama Administration, guidance documents were used to implement policy shifts in many areas of administrative law, including civil rights issues such as transgender inclusion and campus sexual harassment and immigration law issues such as …