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Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies 2017 Roger Williams University School of Law

Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Relationship Between Federal Citizenship And Immigration Policies And The Internationalization Of Higher Education In Canada, Rashed Al-Haque 2017 The University of Western Ontario

The Relationship Between Federal Citizenship And Immigration Policies And The Internationalization Of Higher Education In Canada, Rashed Al-Haque

Electronic Thesis and Dissertation Repository

Using Actor-Network Theory (ANT) as a way to do Critical Policy Analysis (CPA), this instrumental case study explores the relationships between citizenship and immigration (CI) policies and the internationalization of Canadian higher education. By utilizing a critical-sociomaterial approach, the research exposes actors and actor-networks that are otherwise overlooked in these policy areas. Moreover, this lens underscores the impacts and consequences of policy and how the enrollment and/or exclusion of actors in actor-networks enables certain actors to exert control, power, and primacy over others.

While most research on internationalization identifies the academy as the site for internationalization policy enactment, this ...


Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation, Peter Margulies 2017 Roger Williams University School of Law

Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Proving Identity, Jonathan Weinberg 2017 Pepperdine University

Proving Identity, Jonathan Weinberg

Pepperdine Law Review

United States law, over the past two hundred years or so, has subjected people whose race rendered them noncitizens or of dubious citizenship to a variety of rules requiring that they carry identification documents at all times. Those laws fill a gap in the policing authority of the state, by connecting the individual’s physical body with information the government has on file about him; they also can entail humiliation and subordination. Accordingly, it is not surprising that U.S. law has almost always imposed these requirements on people outside our circle of citizenship: African Americans in the antebellum South ...


Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies 2017 Roger Williams University School of Law

Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, Peter Margulies 2017 Roger Williams University School of Law

The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies 2017 Roger Williams University School of Law

Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies

Law Faculty Scholarship

No abstract provided.


United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch, Daniel R. Schutrum-Boward 2017 University of Maryland Francis King Carey School of Law

United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch, Daniel R. Schutrum-Boward

Maryland Law Review

No abstract provided.


Forever Barred: Reinstated Removal Orders And The Right To Seek Asylum, Hillary Gaston Walsh, J.D. 2017 The Catholic University of America, Columbus School of Law

Forever Barred: Reinstated Removal Orders And The Right To Seek Asylum, Hillary Gaston Walsh, J.D.

Catholic University Law Review

Amid the largest refugee crisis in history, noncitizens fleeing persecution are routinely barred from applying for asylum in the United States solely because they have a reinstated order of removal. This bar to asylum access is mandated by federal regulation, and it applies indiscriminately—regardless of whether the asylum seeker was persecuted after her initial removal order was entered or whether her initial removal was based on one of the numerous, well-documented errors border patrol officers make when issuing removal orders.

This Article is the first academic piece to examine this regulation's statutory basis, including its legislative history and ...


Implementing The Refugee Eo: Add Grandparents, Peter Margulies 2017 Roger Williams University School of Law

Implementing The Refugee Eo: Add Grandparents, Peter Margulies

Law Faculty Scholarship

No abstract provided.


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 Absurdity Of Crime-Based Deportation, Kari E. Hong 2017 Boston College Law School

The Absurdity Of Crime-Based Deportation, Kari E. Hong

Boston College Law School Faculty Papers

The belief that immigrants are crossing the border, in the stealth of night, with nefarious desires to bring violence, crime, and drugs to the United States has long been part of the public imagination. Studies and statistics overwhelmingly establish the falsehood of this rhetoric. The facts are that non-citizens commit fewer crimes and reoffend less often than citizens. But facts do not stop the myth. Even supporters of immigration reform often will point out that they will help deserving immigrants but will deport the undeserving ones, particularly those with criminal convictions, and especially those who committed violent crimes.

Despite the ...


The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman 2017 Chapman University School of Law

The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman

John C. Eastman

Perhaps spurred by aggressive use of executive orders and “lawmaking” by administrative agencies by the last couple of presidential administrations, several Justices on the Supreme Court have recently expressed concern that the Court’s deference doctrines have undermined core separation of powers constitutional principles.  This article explores those Justice’s invitation to revisit those deference doctrines and some of the executive actions that have prompted the concern.


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.


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