Open Access. Powered by Scholars. Published by Universities.®

Immigration Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3,333 Full-Text Articles 2,211 Authors 989,609 Downloads 181 Institutions

All Articles in Immigration Law

Faceted Search

3,333 full-text articles. Page 5 of 106.

The School To Deportation Pipeline, Laila L. Hlass 2018 Tulane University

The School To Deportation Pipeline, Laila L. Hlass

Georgia State University Law Review

The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has seeped into the system through the convergence of the criminal and immigration law regimes.

Immigration enforcement has seen a rise in mass immigrant detention and deportation, bolstered by provocative language casting immigrants as undeserving undesirables: criminals, gang members, and terrorists. Immigrant children, particularly black and Latino boys, are increasingly finding themselves ...


Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos 2018 The Graduate Center, City University of New York

Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos

All Dissertations, Theses, and Capstone Projects

Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the ...


A Rising Star: Maria Viveiros, Rwu Class Of 2017 (May 2018), Roger Williams University School of Law 2018 Roger Williams University

A Rising Star: Maria Viveiros, Rwu Class Of 2017 (May 2018), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Personal Jurisdiction And Aliens, William S. Dodge, Scott Dodson 2018 UC Davis School of Law

Personal Jurisdiction And Aliens, William S. Dodge, Scott Dodson

Michigan Law Review

The increasing prevalence of noncitizens in U.S. civil litigation raises a funda-mental question for the doctrine of personal jurisdiction: How should the alienage status of a defendant affect personal jurisdiction? This fundamental question comes at a time of increasing Supreme Court focus on personal juris-diction, in cases like Bristol–Myers Squibb Co. v. Superior Court, Daimler AG v. Bauman, and J. McIntyre Machinery, Ltd. v. Nicastro. We aim to answer that question by offering a theory of personal jurisdiction over aliens. Under this theory, alienage status broadens the geographic range for mini-mum contacts from a single state to the ...


15th Diversity Symposium Dinner 4-27-2018, Michael M. Bowden 2018 Roger Williams University Schol of Law

15th Diversity Symposium Dinner 4-27-2018, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


Criminalization Of Undocumented Immigrants — Little Village, Chicago, Norma Vargas 2018 Lake Forest College

Criminalization Of Undocumented Immigrants — Little Village, Chicago, Norma Vargas

Senior Theses

This senior thesis focuses on the criminalization of undocumented immigrants in Little Village, Chicago. This issue is more commonly known as crimmigration, which is a new kind of law that has recently emerged. I explore the ways in which the criminal system and the immigration system have become dependent on each other. My work seeks to bring light to the criminalization issues Little Village faces. By partnering with organizations within the community, I conducted 35 surveys to analyze the data on how undocumented immigrants are treated by the police or by border patrol. I believe that undocumented immigrants in Little ...


The Travel Ban And Presidential Power, Peter Margulies 2018 Roger Williams University School of Law

The Travel Ban And Presidential Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Law School News: Legal Leaders To Be Honored At 2018 Commencement (04-20-2018), Roger Williams University School of Law 2018 Roger Williams University

Law School News: Legal Leaders To Be Honored At 2018 Commencement (04-20-2018), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


State V. Trump: Trump Fails In The ‘Art Of The Deal’ Securing A Victory For Travel Ban 2.0, Elizabeth Macayan 2018 Golden Gate University School of Law

State V. Trump: Trump Fails In The ‘Art Of The Deal’ Securing A Victory For Travel Ban 2.0, Elizabeth Macayan

Golden Gate University Law Review

The Ninth Circuit affirmed the District Court of Hawaii’s modification of the preliminary injunction against sections 2 and 6 of President Trump’s Executive Order 13780, in accordance with the Supreme Court’s decision in Trump v. International Refugee Assistance Project.


The Flores Settlement: Ripping Families Apart Under The Law, Natalie Lakosil 2018 Golden Gate University School of Law

The Flores Settlement: Ripping Families Apart Under The Law, Natalie Lakosil

Golden Gate University Law Review

This Note focuses on families’ experiences in immigration detention centers, specifically how they are affected by the government practice of releasing children without simultaneously releasing their parents.

Section I provides the procedural and factual background of Flores v. Lynch, the recent history of family detention centers, and discusses the Ninth Circuit’s ruling of the case. Section II provides the argument that, although the Ninth Circuit’s holding is correct, the government refusing to release parents with their children is unconstitutional because it violates the parents’ fundamental right to custody over their biological child and family unity. Furthermore, this Note ...


Protecting Children? Assessing The Treatment Of Unaccompanied Minors In The U.S., Chiara Galli 2018 UCLA

Protecting Children? Assessing The Treatment Of Unaccompanied Minors In The U.S., Chiara Galli

Latino Public Policy

In the summer of 2014, unprecedented numbers of unaccompanied minors fleeing violence in El Salvador, Guatemala and Honduras arrived in the U.S. seeking refuge. Current U.S. immigration law affords certain legal protections to children who migrate alone from non-contiguous countries, allowing them to be initially admitted to the U.S. To avoid deportation and remain in the country long-term, however, they must successfully apply for humanitarian relief from deportation. This interview-based study traces these children’s experiences navigating this legal process and interacting with different branches of the US immigration bureaucracy.


Lawful Permanent Residency: What The United States Citizenship & Immigration Services Giveth, It Can Also Take Away, Rebecca Hayes 2018 Boston College Law School

Lawful Permanent Residency: What The United States Citizenship & Immigration Services Giveth, It Can Also Take Away, Rebecca Hayes

Boston College Law Review

Millions of foreigners strive to become Lawful Permanent Residents of the United States, but that status is limited to those immigrants who meet certain requirements and comply with extensive procedures. There is ample U.S. case law interpreting what it means to be “lawfully admitted for permanent residence.” Until the Sixth Circuit’s decision in 2017 in Kamal Turfah v. United States Citizenship & Immigration Services, however, no circuit court had found that a solely procedural error committed by U.S. immigration authorities could prevent an otherwise eligible immigrant from receiving lawful admission for Lawful Permanent Residency. This Comment assesses the ...


Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer 2018 CUNY City College

Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer

Publications and Research

Voluntary sterilization is one of the most widely used forms of contraception by women worldwide; however, involuntary sterilization is considered a violation of multiple human rights and grounds for asylum in the United States. Women have been disproportionately affected by this practice. We report two cases of involuntary sterilization in HIV-positive Garifuna women from Honduras who sought asylum in America and were medically evaluated at the request of their attorneys. Key lessons can be drawn from these cases with regard to the importance of medical evaluations in establishing persecution. These include the need for a detailed account of the events ...


The Limits Of 8 U.S.C. § 1252(G): When Do Courts Have Jurisdiction To Entertain An Alien’S Claim For Damages Against The Government?, Kimberly P. Will 2018 Cornell Law School, J.D. Candidate, 2019

The Limits Of 8 U.S.C. § 1252(G): When Do Courts Have Jurisdiction To Entertain An Alien’S Claim For Damages Against The Government?, Kimberly P. Will

Cornell International Law Journal

The objective of this Note is to identify the scope of § 1252(g). It concurs with previous scholarship, which has stated that, based on legislative intent and controlling precedents, § 1252(g) only applies to instances where the government exercises discretionary authority. That is, when the government violates statutes or its own regulations, courts may entertain the alien’s claim for damages. However, as many courts reject this argument, this Note further suggests that § 1252(g) should be interpreted narrowly so as to allow meritorious plaintiffs the possibility of recovering for the harm they suffered. This Note will also explore the ...


The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers 2018 Penn State Dickinson Law

The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers

Dickinson Law Review

This Article discusses issues regarding assistance of pro se litigants in the context of immigration law. In particular, Part II of this Article highlights programs such as the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH) that attempt to alleviate some of the inherent difficulties non-citizen detainees face in immigration proceedings. Part III of this Article focuses on a 2008 Regulation by the Executive Office of Immigration Review (EOIR), which calls for discipline against attorneys that engage in a pattern or practice of failing to enter a Notice of Appearance when engaged in practice or preparation. Lastly, Part IV ...


Getting It Righted: Access To Counsel In Rapid Removals, Kari E. Hong, Stephen Manning 2018 Boston College Law School

Getting It Righted: Access To Counsel In Rapid Removals, Kari E. Hong, Stephen Manning

Boston College Law School Faculty Papers

Rapid removals — the catchall phrase for expedited removal, reinstatement of removal, and administrative orders — have been devastatingly efficient, accounting for 76 percent of all removals that have occurred in the past 20 years. That means that 4.2 million people have been ordered out of the country without a hearing, without a judge, without an appeal, and without an attorney. In 2014, President Obama made a political calculus to push asylum seekers, mostly mothers with their children fleeing from Central America, out of the country within 10 to 15 days to deter others from seeking protection in the United States ...


Bans, Borders, And Sovereignty: Judicial Review Of Immigration Law In The Trump Administration, Peter Margulies 2018 Roger Williams University School of Law

Bans, Borders, And Sovereignty: Judicial Review Of Immigration Law In The Trump Administration, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Is Citizenship Still Relevant? State Sovereignty, Migration, And Sanctuary Cities In A Globalizing World, Melissa J. Lauro 2018 Gettysburg College

Is Citizenship Still Relevant? State Sovereignty, Migration, And Sanctuary Cities In A Globalizing World, Melissa J. Lauro

Student Publications

This paper argues that sanctuary cities and sanctuary policies in the United States are a manifestation of the conflicts resulting from processes of globalization, which have changed traditional notions of citizenship, state sovereignty, and state security, as well as fostered a cultural backlash and identity politics within the U.S.


Borders, Bans, And Courts In The European Union, Maryellen Fullerton 2018 Brooklyn Law School

Borders, Bans, And Courts In The European Union, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro 2018 University of Richmond

2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro

Richmond Public Interest Law Review

No abstract provided.


Digital Commons powered by bepress